title: Commission Implementing Regulation (EU) 2016/1799 of 7 October 2016 laying down implementing technical standards with regard to the mapping of credit assessments of external credit assessment institutions for credit risk in accordance with Articles 136(1) and 136(3) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance)

text:
               12.10.2016

               EN

               Official Journal of the European Union

               L 275/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1799
   of 7 October 2016
   laying down implementing technical standards with regard to the mapping of credit assessments of external credit assessment institutions for credit risk in accordance with Articles 136(1) and 136(3) of Regulation (EU) No 575/2013 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 (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms (1), and in particular the third subparagraph of Article 136(1) and the third subparagraph of Article 136(3) thereof,
   Whereas:

               (1)

               The provisions in this Regulation are closely linked, since they deal with the mapping of credit risk assessments with the exception of those assigned to securitisation positions. To ensure coherence between those provisions, which should enter into force at the same time, and to facilitate a comprehensive view and compact access to them by those subject to those obligations, it is desirable to include all the implementing technical standards required by Regulation (EU) No 575/2013 in relation to the mapping of credit risk assessments with the exception of those assigned to securitisation positions in a single Regulation.

               (2)

               Article 136(1) of Regulation (EU) No 575/2013 requires the specification, for all External Credit Assessment Institutions (ECAIs), of the correspondence of the relevant credit assessments issued by an ECAI to the credit quality steps set out in Section 2 of that Regulation (‘mapping’). ECAIs are credit rating agencies that are registered or certified in accordance with Regulation (EC) No 1060/2009 of the European Parliament and of the Council (2) or a central bank issuing credit ratings which are exempt from the application of that Regulation.

               (3)

               Certain similar terms and concepts used in Regulation (EC) No 1060/2009 and in Regulation (EU) No 575/2013 can be the subject of confusion. ‘Credit assessment’ is a term used under Regulation (EU) No 575/2013 to refer both to the ‘labels’ of the different categories of ratings by ECAIs, and to the assignment of one such rating to a particular item. However, points (h) and (a) of Article 3(1) of Regulation (EC) No 1060/2009 clearly distinguish between these two concepts with the use of the terms ‘rating category’ and ‘credit rating’, respectively. To avoid confusion, given the need to refer to these two particular concepts separately, and given the complementarity of the two Regulations, the terminology of Regulation (EC) No 1060/2009 should be used as more specific.

               (4)

               Given that Article 4(1) of Regulation (EC) No 1060/2009 permits the use of credit ratings for regulatory purposes by credit institutions and investment firms only if issued by credit rating agencies established in the Union and registered or certified in accordance with that Regulation, the mapping of ECAIs credit assessments should cover credit assessments that comply with the definition of ‘credit rating’ according to point (a) of Article 3(1) of that Regulation. Further, given that by virtue of Article 136 of Regulation (EU) No 575/2013, a mapping is required for all ECAIs, the definition of which includes, by virtue of Article 4(98) of that Regulation also credit ratings produced by central banks exempted from the application of Regulation (EC) No 1060/2009, the mapping of ECAIs rating categories should also cover such credit ratings as well. Regulation (EU) No 575/2013 prevents the use of credit ratings for certain asset classes (such as equity) within the Standardised Approach. Therefore, with regards to assessments for fixed-income collective investment undertakings (CIUs), only those that solely depend on the credit quality of the underlying assets should be covered by the mapping of ECAIs' credit assessments.

               (5)

               The mapping has the objective of assigning the appropriate risk weights of Regulation (EU) No 575/2013 to the rating categories of an ECAI. Therefore, it should be able to identify not only relative differences of risk but also the absolute levels of the risk of each rating category, ensuring appropriate levels of capital under the Standardised Approach.

               (6)

               Given the wide range of methodologies across ECAIs, objectivity and consistency of the mapping methodology are key aspects for ensuring a level playing field for institutions as well as fairness of treatment for ECAIs. For this reason, when elaborating rules on the use of quantitative and qualitative factors and their comparison with the benchmark, it is necessary to build upon the previous regulatory framework, namely Part 3 of the ‘Revised Guidelines on the recognition of External Credit Assessment Institutions’ dated 30 November 2010, with a view to ensuring a smooth transition to the mapping set out in this Regulation. This would also ensure consistency with international standards in this area, reflected, in turn, in Annex 2 of the ‘Basel II: International Convergence of Capital Measurement and Capital Standards: A Revised Framework — Comprehensive Version’ dated June 2006.

               (7)

               The default definitions used by ECAIs may differ from the one set forth in Article 178 of Regulation (EU) No 575/2013, as reflected in Regulation (EC) No 1060/2009 and Commission Delegated Regulation (EU) 2015/2 (3). Nevertheless, in order to ensure that the overall level of the capital required to externally rated exposures is not changed, the types of default events used for the calibration of the benchmark referred to in point (c) of Article 136(2) of Regulation (EU) No 575/2013 should be used as the default definition for the purposes of this Regulation.

               (8)

               The mapping should be understood as the correspondence of the rating categories of an ECAI with a regulatory scale which has been defined for prudential purposes. Therefore it should be considered as a distinct concept from the one the European Securities and Markets Authority (ESMA) is required to provide in the form of a report, by virtue of Article 21(4b) of Regulation (EC) No 1060/2009 aiming at allowing investors to easily compare all credit ratings that exist with regard to a specific rated entity. Also for the purposes of this Regulation ‘mapping’ does not refer to mappings which are developed under other frameworks, such as the Eurosystem Credit Assessment Framework, as these may operate on different methodologies and definitions.

               (9)

               A different mapping should be conducted for each relevant set of rating categories (‘rating scale’). When the rating scale of an ECAI is the same across exposure classes, the mapping should not differ in order to guarantee the differentiation of risk weights across exposure classes established by Regulation (EU) No 575/2013. When an ECAI has several rating scales, the relationship established by the ECAI among them should be considered for the mapping.

               (10)

               Unsolicited ratings, as referred to in point (x) of Article 3(1) of Regulation (EC) No 1060/2009, should be included in the mapping of an ECAI as long as these ratings can be used for regulatory purposes in accordance with Article 4(1) of Regulation (EC) No 1060/2009 and the European Banking Authority (EBA) has confirmed that they do not differ in quality from solicited credit ratings of this ECAI in accordance with Article 138 of Regulation (EU) No 575/2013.

               (11)

               Both quantitative and qualitative factors should be used to produce a mapping, with the qualitative factors being considered in a second stage, as and when necessary and especially where quantitative factors are not adequate. As a result qualitative factors should assist in reviewing, correcting and enhancing any initial mapping done based on quantitative factors, where such review is justified and necessary. This two-step approach is required in order to contribute to the objectivity of the mapping and to ensure that the mapping actually represents the correspondence of the rating categories of an ECAI with a regulatory scale which has been defined for prudential purposes.

               (12)

               It is necessary to avoid causing undue material disadvantage on those ECAIs which, due to their more recent entrance in the market, present limited quantitative information, with the view to balancing prudential with market concerns. Therefore, the relevance of the quantitative factors for deriving the mapping should be relaxed. Updates to the mapping should be made whenever this becomes necessary to reflect quantitative information collected after the entry into force of the present Regulation.

               (13)

               The default rate associated with items assigned the same rating category should be considered as the most representative quantitative factor, and should be calculated from default data corresponding to such items. Where sufficient default data corresponding to these items is not available, an estimate of the default rate should still be calculated on the basis of the opinion of the relevant ECAI and any default evidence associated with the items assigned the same rating category for which the mapping is being performed.

               (14)

               The calculation of the default rate should meet certain requirements in order to ensure that it is comparable across ECAIs. For example, it should be measured over a 3-year time horizon in order to allow the observation of a significant number of defaults when risk is very low and it should account for withdrawals to avoid an underestimation of risk. In addition, it should include neither public sector ratings nor issue ratings, given the scarcity of defaults for the former type of ratings, and to avoid biasing the default rates towards issuers with higher number of issues by using the latter ratings.

               (15)

               Default rates should be calculated for each rating category to the extent possible over a long term and a short term observation period. The former should provide the basis for the mapping, whereas the latter should provide an early warning about a potential increase, or decrease, in the level of risk of the rating category. Where a sufficient number of credit ratings is not available, only the long run default rate should be calculated due to the high degree of uncertainty regarding the calculation of short run default rates. In this case, a warning about a potential increase in the level of risk of the rating category should be provided by the qualitative factors.

               (16)

               The definition of default established by the ECAI to calculate the default rate associated with items assigned the same rating category is a key element of the mapping. A stricter definition of default may produce higher default rates compared to other less strict default definitions. Therefore the impact of the definition of default on the calculation of the default rate should be estimated in order to ensure an accurate mapping.

               (17)

               When only scarce default data is available, the time horizon considered in a rating category should be taken into account for the purpose of the mapping to ensure consistency across ECAIs. Thus, where a short term horizon has been chosen, some items may qualify for a particular level of risk. However, these same items may represent a significantly different level of risk if evaluated over the 3-year time horizon chosen for the calculation of the default rate. This factor should be recognised and appropriately reflected in the mapping.

               (18)

               The meaning of the rating category and its relative position within the rating scale should be especially helpful when there is no quantitative factor available and the mapping of adjacent rating category is known. For that purpose, credit quality steps should be characterised in terms of aspects such as the capacity of the issuer to meet its financial obligations, its sensitivity to the economic situation or its proximity to the default status.

               (19)

               General risk drivers of the items assigned a rating category should also be taken into account. The size and the degree of activity diversification of the items assigned a rating category should be considered as relevant indicators of their underlying risk profile. It should also be possible to consider as qualitative factors other measures of creditworthiness assigned to items of the same rating category, in order to convey additional information with respect to the default behaviour of the relevant rating category. The relevance, objectivity and reliability of the different measures of creditworthiness should be carefully analysed before their application for the purpose of the mapping exercise.

               (20)

               With a view to ensuring consistency with international standards, the benchmarks of the long-run and short run default rates provided in the document ‘Basel II: International Convergence of Capital Measurement and Capital Standards: A Revised Framework — Comprehensive Version’ dated June 2006, should be used for the purpose of the mapping exercise. However, more detailed rules should be provided to account for the variety of ECAIs that currently operate in the EU market and whose default rates may significantly deviate from the pattern of the international ECAIs underlying the current benchmark. More concretely, the long-run benchmark should be defined in terms of intervals to acknowledge that a range of values can be compatible with each credit quality step.

               (21)

               Rating categories should be initially mapped to a credit quality step based on the comparison of their long-run default rate with the long-run benchmark and the information provided by the qualitative factors.

               (22)

               Pursuant to Article 136(1) second subparagraph of Regulation (EU) No 575/2013 the adequacy of the mapping should be reviewed frequently because the long-run default rate could change and become representative of a different credit quality step. To that end, recent short run default rates experienced within a rating category should be regularly confronted with their relevant short run benchmarks (‘monitoring’ and ‘trigger’ levels). A breach of the short run benchmarks for a consecutive period of 2 years could signal a weakening of assessment standards which could imply that the new underlying long-run default rate is representative of a less favourable credit quality step. This signal would be more relevant where the trigger level is breached instead of the monitoring level. In particular, a single defaulted item associated with the highest rating categories could trigger consideration of the review of the mapping assigned to the single ECAI that rated that item.

               (23)

               Revised draft implementing technical standards should be submitted where necessary to include newly established ECAIs in the mapping.

               (24)

               Given that compliance with Regulation (EU) No 575/2013 is required at all times, it is necessary to monitor the performance of the mappings on a continuous basis.

               (25)

               This Regulation is based on the draft implementing technical standards submitted by EBA, ESMA and European Insurance and Occupational Pensions Authority (EIOPA) jointly (the ‘European Supervisory Authorities (ESAs)’) to the Commission.

               (26)

               On 29 March 2016, the Commission notified the Joint Committee of the ESAs of its intention to endorse the draft implementing technical standards with amendments in order to ensure a balance between a solid prudential approach and the need to avoid further concentration in an already very concentrated credit rating market dominated by three large ECAIs with a combined market share of around 90 %. In its notification, the Commission highlighted in particular the need to avoid the automatic application after 3 years of a more conservative mapping to all ECAIs which did not produced sufficient ratings and irrespective of the quality of their ratings, as this approach would risk to create a regulatory barrier to market entry and undermine the competitive position of smaller/newer ECAIs simply because they do not produce as many ratings as large incumbent firms. In its formal opinion of 12 May 2016, the Joint Committee of the ESAs confirmed its initial position and did not resubmit implementing technical standards amended in a way consistent with the Commission's proposed amendments.

               (27)

               In order to ensure a balance between a solid prudential approach and competition in the credit rating market, the draft implementing technical standards should be amended in respect of provisions that may cause undue material disadvantage to smaller/newer ECAIs due to their more recent entrance in the market, in particular the provisions concerning application of a more conservative treatment in case of limited data, the entry into force of a new mapping automatically as of 2019, the provision concerning the review of the mapping and the mapping tables applicable as of 2019.

               (28)

               EBA, ESMA and EIOPA have 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 Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (4); 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 (5); and 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 (6),

         HAS ADOPTED THIS REGULATION:
   TITLE I

      QUANTITATIVE FACTORS, QUALITATIVE FACTORS AND BENCHMARK

      CHAPTER 1

         Quantitative factors

   Article 1
   Quantitative factors of the mapping of a rating category
   The quantitative factors referred to in point (a) of Article 136(2) of Regulation (EU) No 575/2013 shall be the short run and long run default rates associated with items assigned the same rating category, as set out in Articles 2 to 6.
   Article 2
   Items used for the calculation of the quantitative factors
   The calculation of the default rates referred to in Article 1 for each rating category shall be performed based solely on items assigned the same rating category by the external credit assessment institution (ECAI) for which the mapping is being performed, where the items meet all of the following requirements:

               (a)

               they belong to the ‘corporate ratings’ referred to in point (a) of Article 3 of Delegated Regulation (EU) 2015/2, and they are assigned on an issuer basis;

               (b)

               they are assigned either of the following:

                           (i)

                           a solicited credit rating;

                           (ii)

                           an unsolicited credit rating that meets the requirements of Article 138 of Regulation (EU) No 575/2013.

      Section 1

         Calculation of the quantitative factors of a rating category where a sufficient number of credit ratings is available

   Article 3
   Determination of whether a sufficient number of credit ratings is available
   1.   For the purpose of the short run default rate calculation, the number of items assigned the same rating category by the ECAI for which the mapping is being performed shall be deemed sufficiently numerous, where the items meet all of the following requirements:

               (a)

               they are sufficient with respect to the perceived risk profile of the rating category, considering as an indicator, the number of items representing the inverse of the long run default rate benchmark of the rating category, as referred to in point (a) of Article 14;

               (b)

               they are representative of the most recent pool of items assigned the same rating category.

         2.   For the purpose of the long run default rate calculation, the number of items assigned the same rating category by the ECAI for which the mapping is being performed shall be deemed sufficiently numerous where at minimum the most recent 10 short run default rates as referred to in paragraph 1 are available.
   Article 4
   Short run default rates of a rating category where a sufficient number of credit ratings is available
   1.   Where a sufficient number of credit ratings is available according to Article 3(1), the short run default rates referred to in Article 1 shall be calculated in the manner described in paragraphs 2 to 5.
   2.   The short run default rates of a rating category shall be calculated over a 3-year time horizon as a ratio where:

               (a)

               the denominator represents the number of items assigned the same rating category present at the beginning of the time horizon;

               (b)

               the numerator represents the number of items referred to in point (a) that have defaulted prior to the end of the time horizon.

         3.   Items withdrawn prior to the end of the time horizon and not defaulted shall only contribute to the denominator of the short run default rates referred to in point (a) of paragraph 2 with a weight equal to 50 %. Any item for which there is evidence that it has been withdrawn prior to the occurrence of a default shall be considered to be a defaulted item.
   4.   Items shall be considered to be defaulted items to be included in the numerator specified in point (b) of paragraph 2 where any of the following types of event has occurred:

               (a)

               a bankruptcy filing or legal receivership that will likely cause a miss or delay in future contractually required debt service payments;

               (b)

               a missed or delayed disbursement of a contractually required interest or principal payment, unless payments are made within a contractually allowed grace period;

               (c)

               a distressed exchange if the offer implies the investor will receive less value than the promise of the original securities;

               (d)

               the rated entity is under a significant form of regulatory supervision owing to its financial condition.

         5.   The short run default rates shall be calculated for each available pool of items assigned the same rating category on semi-annual periods, which are based on 1 January and 1 July of each year.
   Article 5
   Long run default rate of a rating category where a sufficient number of credit ratings is available
   1.   Where a sufficient number of credit ratings is available in accordance with Article 3, the long run default rate referred to in Article 1 shall be calculated according to paragraphs 2 to 4.
   2.   The long run default rate shall be calculated as the weighted average of at least the most recent 20 short run default rates calculated according to Article 4(1). If the available short run default rates span a longer period and they are relevant, the short run default rates for that longer period shall be used. Where less than 20 short run default rates calculated according to Article 4(1) are available the remaining short run default rates shall be estimated to span the 20 short run default rates.
   3.   For the purpose of producing the weighted average referred to in paragraph 2, the short run default rates calculated according to Article 4 shall include the most recent recessionary period. This recessionary period shall span a semester or more of the negative growth rates of the Gross Domestic Products in the main geographical areas of reference of the rated items.
   4.   For the purpose of producing the weighted average referred to in paragraph 2, the following shall apply:

               (a)

               the short run default rates calculated according to Article 4(1) shall be weighted based on the number of items specified in point (a) of Article 4(2);

               (b)

               the estimated short run default rates shall be weighted based on estimates of the number of items assigned the same rating category present at the beginning of the time horizon.

         The weights shall ensure an adequate representation of recessionary and non-recessionary years in a full economic cycle.

      Section 2

         Calculation of the quantitative factors of a rating category where a sufficient number of credit ratings is not available

   Article 6
   Items used and long run default rate of a rating category where a sufficient number of credit ratings is not available
   Where a sufficient number of credit ratings as referred to in Article 3 is not available, the calculation of the long run default rate specified in Article 1 shall be performed according to both the following:

               (a)

               it shall be based on the estimate provided by the ECAI of the long run default rate associated with all items assigned the same rating category, pursuant to point (a) of Article 136(2) of Regulation (EU) No 575/2013;

               (b)

               the estimate referred to in point (a) shall be complemented with the number of defaulted and non-defaulted items assigned the rating category by the ECAI for which the mapping is being performed.

      CHAPTER 2

         Qualitative factors

   Article 7
   Qualitative factors of the mapping of a rating category
   The qualitative factors referred to in point (b) of Article 136(2) of Regulation (EU) No 575/2013 shall be:

               (a)

               the definition of default considered by the ECAI, as referred to in Article 8;

               (b)

               the time horizon of a rating category considered by the ECAI, as referred to in Article 9;

               (c)

               the meaning of a rating category and its relative position within the rating scale established by the ECAI, as referred to in Article 10;

               (d)

               the creditworthiness of the items assigned the same rating category, as referred to in Article 11;

               (e)

               the estimate provided by the ECAI of the long run default rate associated with all items assigned the same rating category, pursuant to point (a) of Article 136(2) of Regulation (EU) No 575/2013, as set out in Article 12;

               (f)

               the relationship established by the ECAI (‘internal mapping’), where available, between, on the one hand, the rating category which is being mapped, and, on the other hand, other rating categories produced by the same ECAI, where a mapping for the latter categories has already been set out according to this Regulation, as referred to in Article 13;

               (g)

               any other relevant information that can describe the degree of risk expressed by a rating category.

         Article 8
   Definition of default used by the ECAI
   The type of events considered by the ECAI for the purposes of establishing whether an item is in default situation shall be compared to those specified in Article 4(4) by using all available information. Where the comparison indicates that not all such types of default events have been considered by the ECAI, the quantitative factors referred to in Article 1 shall be adjusted accordingly.
   Article 9
   Time horizon of a rating category
   The time horizon considered by the ECAI for assigning a rating category shall provide a relevant indication of whether the level of risk of that rating category is sustainable over the time horizon specified in Article 4(2).
   Article 10
   Meaning and relative position of a rating category
   1.   The meaning of a rating category established by the ECAI shall be set according to the characteristics of the capacity of financial commitments as reflected in the items assigned such rating category being honoured, and more in particular by its degree of sensitivity to the economic environment and its degree of proximity to the default situation.
   2.   The meaning of a rating category shall be compared to the one established for each credit quality step, as set out in Article 15.
   3.   The meaning of a rating category shall be considered in combination with its relative position within the rating scale established by the ECAI.
   Article 11
   Creditworthiness of items assigned the same rating category
   1.   The creditworthiness of items assigned the same rating category shall be determined by considering at least their size and the degree of sector and geographical diversification of their business activity.
   2.   Different measures of creditworthiness assigned to items of the same rating category may be used, to the extent appropriate, to complement the information provided by the quantitative factors referred to in Article 1 where they are reliable and relevant for the mapping.
   Article 12
   Estimate provided by the ECAI of the long run default rate associated with all items assigned the same rating category
   The estimate provided by the ECAI of the long run default rate associated with all items assigned the same rating category shall be taken into account for the purpose of the mapping as long as it has been adequately justified.
   Article 13
   Internal mapping of a rating category established by the ECAI
   The corresponding credit quality step of other rating categories produced by the same ECAI for which an internal mapping exists according to point (f) of Article 7 shall be used as a relevant indication of the level of risk of the rating category which is being mapped.

      CHAPTER 3

         Benchmark and related references

   Article 14
   Benchmark
   The benchmark referred to in point (c) of Article 136(2) of Regulation (EU) No 575/2013, shall be distinguished in:

               (a)

               a long-run default rate benchmark for each credit quality step as set out in Table 1 of Annex I;

               (b)

               a short-run default rate benchmark for each credit quality step as set out in Table 2 of Annex I.

         Article 15
   Reference meaning of the rating category per credit quality step
   The reference meaning of a rating category that corresponds to each credit quality step is set out in Annex II.
   TITLE II

      MAPPING TABLES

   Article 16
   Mapping tables
   The correspondence of the rating categories of each ECAI with the credit quality steps set out in Section 2 of Chapter 2 of Title II of Part Three of Regulation (EU) No 575/2013 is that set out in Annex III.
   TITLE III

      FINAL PROVISION

   Article 17
   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, 7 October 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 27.6.2013, p. 1.

      (2)  Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (OJ L 302, 17.11.2009, p. 1).

      (3)  Commission Delegated Regulation (EU) 2015/2 of 30 September 2014 supplementing Regulation (EC) No 1060/2009 of the European Parliament and of the Council with regard to regulatory technical standards for the presentation of the information that credit rating agencies make available to the European Securities and Markets Authority (OJ L 2, 6.1.2015, p. 24).

      (4)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

      (5)  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).

      (6)  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).

      ANNEX I

         Benchmarks for the purposes of Article 14

         Table 1

         Long-run benchmark

         (3-year time horizon)

                  Credit Quality Step

                  Long run benchmark

                  Mid value

                  Lower bound

                  Upper bound

                  1

                  0,10 %

                  0,00 %

                  0,16 %

                  2

                  0,25 %

                  0,17 %

                  0,54 %

                  3

                  1,00 %

                  0,55 %

                  2,39 %

                  4

                  7,50 %

                  2,40 %

                  10,99 %

                  5

                  20,00 %

                  11,00 %

                  26,49 %

                  6

                  34,00 %

                  26,50 %

                  100,00 %

         Table 2

         Short run benchmarks

         (3-year time horizon)

                  Credit Quality Step

                  Short run benchmarks

                  Monitoring level

                  Trigger level

                  1

                  0,80 %

                  1,20 %

                  2

                  1,00 %

                  1,30 %

                  3

                  2,40 %

                  3,00 %

                  4

                  11,00 %

                  12,40 %

                  5

                  28,60 %

                  35,00 %

                  6

                  not applicable

                  not applicable

      ANNEX II

         Reference meaning of the rating category per credit quality step for the purposes of Article 15

                  Credit Quality Step

                  Meaning of the rating category

                  1

                  The rated entity has extremely/very strong capacity to meet its financial commitments and is subject to minimal/very low credit risk.

                  2

                  The rated entity has strong capacity to meet its financial commitments and is subject to low credit risk but is somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions than rated entities in CQS 1.

                  3

                  The rated entity has adequate capacity to meet its financial commitments and is subject to moderate credit risk.
                  However, adverse economic conditions or changing circumstances are more likely to lead to a weakened capacity of the rated entity to meet its financial commitments.

                  4

                  The rated entity has the capacity to meet its financial commitments but is subject to substantial credit risk.
                  It faces major ongoing uncertainties and exposure to adverse business, financial, or economic conditions, which could lead to the rated entity's inadequate capacity to meet its financial commitments.

                  5

                  The rated entity has the capacity to meet its financial commitments but is subject to high credit risk.
                  Adverse business, financial, or economic conditions will likely impair the rated entity's capacity or willingness to meet its financial commitments.

                  6

                  The rated entity is currently vulnerable or highly vulnerable and is subject to very high credit risk, including in or very near to default.
                  It is dependent upon favourable business, financial, and economic conditions to meet its financial commitments.

      ANNEX III

         Mapping tables for the purposes of Article 16

                     Credit quality step

                     1

                     2

                     3

                     4

                     5

                     6

                     AM Best Europe-Rating Services Ltd

                  Long-term issuer credit ratings scale

                  aaa, aa+, aa, aa-

                  a+, a, a-

                  bbb+, bbb, bbb-

                  bb+, bb, bb-

                  b+, b, b-

                  ccc+, ccc, ccc-, cc, c, rs

                  Long-term debt ratings scale

                  aaa, aa+, aa, aa-

                  a+, a, a-

                  bbb+, bbb, bbb-

                  bb+, bb, bb-

                  b+, b, b-

                  ccc+, ccc, ccc-, cc, c, d

                  Financial strength ratings scale

                  A++, A+

                  A, A-

                  B++, B+

                  B, B-

                  C++, C+

                  C, C-, D, E, F, S

                  Short-term ratings scale

                  AMB-1+

                  AMB-1-

                  AMB-2, AMB-3

                  AMB- 4

                     ARC Ratings S.A.

                  Medium and long-term issuers rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Medium and long-term issues rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Short-term issuers rating scale

                  A-1+

                  A-1

                  A-2, A-3

                  B, C, D

                  Short-term issues rating scale

                  A-1+

                  A-1

                  A-2, A-3

                  B, C, D

                     ASSEKURATA Assekuranz Rating-Agentur GmbH

                  Long-term credit rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC/C, D

                  Short-term corporate rating scale

                  A++

                  A

                  B, C, D

                     Axesor SA

                  Global rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D, E

                     BCRA — Credit Rating Agency AD

                  Bank long-term ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  C, D

                  Insurance long-term ratings scale

                  iAAA, iAA

                  iA

                  iBBB

                  iBB

                  iB

                  iC, iD

                  Corporate long-term ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Municipality long-term ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Issue long-term ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Bank short-term ratings scale

                  A-1+

                  A-1

                  A-2, A-3

                  B, C, D

                  Corporate short-term ratings scale

                  A-1+

                  A-1

                  A-2, A-3

                  B, C, D

                  Municipality short-term ratings scale

                  A-1+

                  A-1

                  A-2, A-3

                  B, C, D

                  Issue short-term rating scale

                  A-1+

                  A-1

                  A-2, A-3

                  B, C, D

                     Banque de France

                  Global long-term issuer credit ratings scale

                  3++

                  3+, 3

                  4+

                  4, 5+

                  5, 6

                  7, 8, 9, P

                     Capital Intelligence Ltd

                  International long-term issuer rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  C, RS, SD, D

                  International long-term issue rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  International short-term issuer rating scale

                  A-1+

                  A-1

                  A-2, A-3

                  B, C, D

                  International short-term issue rating scale

                  A-1+

                  A-1

                  A-2, A-3

                  B, C, D

                     Cerved Rating Agency S.p.A.

                  Corporate long-term rating scale

                  A1.1, A1.2, A1.3

                  A2.1, A2.2, A3.1

                  B1.1, B1.2

                  B2.1, B2.2

                  C1.1

                  C1.2, C2.1

                     Creditreform Ratings AG

                  Long-term rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  C, D

                     CRIF S.p.A.

                  Global long-term rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, D1, D2

                     Dagong Europe Credit Rating

                  Long-term credit rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Short-term credit rating scale

                  A-1

                  A-2, A-3

                  B, C, D

                     DBRS Ratings Limited

                  Long-term obligations rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Commercial paper and short-term debt rating scale

                  R-1 H, R-1 M

                  R-1 L

                  R-2, R-3

                  R-4, R-5, D

                  Claims paying ability rating scale

                  IC-1

                  IC-2

                  IC-3

                  IC-4

                  IC-5

                  D

                     European Rating Agency, a.s.

                  Long-term rating scale

                  AAA, AA, A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Short-term rating scale

                  S1

                  S2

                  S3, S4, NS

                     EuroRating Sp. z o.o.

                  Global long-term rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                     Euler Hermes Rating GmbH

                  Global long-term rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, SD, D

                     FERI EuroRating Services AG

                  FERI EuroRating rating scale

                  AAA, AA

                  A

                  BBB, BB

                  B

                  CCC, CC, D

                     Fitch Ratings

                  Long-term issuer credit ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, RD, D

                  Corporate finance obligations — Long-term ratings scale

                  AAA AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C

                  Long-term international IFS ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C

                  Short-term rating scale

                  F1+

                  F1

                  F2, F3

                  B, C, RD, D

                  Short-term IFS ratings scale

                  F1+

                  F1

                  F2, F3

                  B, C

                     GBB-Rating Gesellschaft für Bonitätsbeurteilung GmbH

                  Global long-term rating scale

                  AAA, AA

                  A, BBB

                  BB

                  B

                  CCC, CC, C, D

                     ICAP Group S.A

                  Global long-term rating scale

                  AA, A

                  BB, B

                  C, D

                  E, F

                  G, H

                     Japan Credit Rating Agency Ltd

                  Long-term issuer ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, LD, D

                  Long-term issue ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Short-term issuer ratings scale

                  J-1+

                  J-1

                  J-2

                  J-3, NJ, LD, D

                  Short-term issue credit ratings scale

                  J-1+

                  J-1

                  J-2

                  J-3, NJ, D

                     Kroll Bond Rating Agency

                  Long-term credit rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Short-term credit rating scale

                  K1+

                  K1

                  K2, K3

                  B, C, D

                     Moody's Investors Service

                  Global long-term rating scale

                  Aaa, Aa

                  A

                  Baa

                  Ba

                  B

                  Caa, Ca, C

                  Bond fund rating scale

                  Aaa-bf, Aa-bf

                  A-bf

                  Baa-bf

                  Ba-bf

                  B-bf

                  Caa-bf, Ca-bf, C-bf

                  Global short-term rating scale

                  P-1

                  P-2

                  P-3

                  NP

                     Standard & Poor's Ratings Services

                  Long-term issuer credit ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, R, SD/D

                  Long-term issue credit ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                  Insurer financial strength ratings scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, SD/D, R

                  Fund credit quality ratings scale

                  AAAf, AAf

                  Af

                  BBBf

                  BBf

                  Bf

                  CCCf

                  Mid Market Evaluation ratings scale

                  MM1

                  MM2

                  MM3, MM4

                  MM5, MM6

                  MM7, MM8, MMD

                  Short-term issuer credit ratings scale

                  A-1+

                  A-1

                  A-2, A-3

                  B, C, R, SD/D

                  Short-term issue credit ratings scale

                  A-1+

                  A-1

                  A-2, A-3

                  B, C, D

                     Scope Ratings AG

                  Global long-term rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC,C, D

                  Global short-term rating scale

                  S-1+

                  S-1

                  S-2

                  S-3, S-4

                     Spread Research

                  International long-term rating scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D

                     The Economist Intelligence Unit Ltd

                  Sovereign rating band scale

                  AAA, AA

                  A

                  BBB

                  BB

                  B

                  CCC, CC, C, D


title: Commission Implementing Regulation (EU) 2015/1854 of 15 October 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               16.10.2015

               EN

               Official Journal of the European Union

               L 271/31

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1854
   of 15 October 2015
   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, 15 October 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 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

                  84,4

                  MA

                  132,6

                  MK

                  46,1

                  TR

                  56,6

                  ZZ

                  79,9

                  0707 00 05

                  AL

                  36,9

                  TR

                  116,7

                  ZZ

                  76,8

                  0709 93 10

                  TR

                  136,8

                  ZZ

                  136,8

                  0805 50 10

                  AR

                  161,3

                  CL

                  149,0

                  TR

                  110,2

                  UY

                  78,7

                  ZA

                  104,7

                  ZZ

                  120,8

                  0806 10 10

                  BR

                  252,3

                  EG

                  198,3

                  MA

                  56,6

                  MK

                  97,5

                  TR

                  169,2

                  ZZ

                  154,8

                  0808 10 80

                  AR

                  122,1

                  CL

                  86,3

                  MK

                  23,1

                  NZ

                  155,0

                  US

                  86,4

                  ZA

                  144,4

                  ZZ

                  102,9

                  0808 30 90

                  CN

                  65,9

                  TR

                  135,5

                  XS

                  95,1

                  ZA

                  218,5

                  ZZ

                  128,8

         (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 1217/2014 of 11 November 2014 concerning the classification of certain goods in the Combined Nomenclature

text:
               14.11.2014

               EN

               Official Journal of the European Union

               L 329/17

         COMMISSION IMPLEMENTING REGULATION (EU) No 1217/2014
   of 11 November 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 November 2014.

            For the Commission,

            On behalf of the President,

         Heinz ZOUREK

            Director-General for Taxation and Customs Union

      (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)

                              1.

                              An article (so-called ‘electrical filter’) constituted by a multilayer ceramic capacitor of the surface mount feedthrough type, with dimensions of approximately 8 × 3 × 3 mm.
                              It is presented as a low pass filter for use as an electromagnetic interference (EMI) filter in, for example, power amplifiers, power supplies, temperature and motor controls and driver circuits.

                      (1) See image 1.

                  8532 24 00

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2(a) to Section XVI and by the wording of CN codes 8532 and 8532 24 00.
                  The article is used as a component in a range of machines. As it is only constituted by a capacitor, it is to be classified under CN code 8532 24 00 as ceramic dielectric, multilayer fixed capacitors.

                              2.

                              An article (so-called ‘electrical filter’) constituted by a capacitor and two ferrite beads, with dimensions of approximately 7 × 2 × 2 mm.
                              The equivalent electrical circuit comprises two inductors, one for each ferrite bead, placed in series to the DC current pathway and attached to the conductor at the left and right side of a surface mount feedthrough capacitor.
                              The two ferrite beads act as inductors and their function is minimising resonance with surrounding circuits for suppressing high frequency electrical currents.
                              It is presented for use as an electromagnetic interference (EMI) filter in, for example, automotive and industrial applications.

                      (1) See image 2.

                  8548 90 90

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature (GIR), note 2(c) to Section XVI and by the wording of CN codes 8548, 8548 90 and 8548 90 90.
                  Given the article's objective characteristics, namely that it is not only constituted by a capacitor but also by two ferrite beads, it does not entirely correspond to the wording in heading 8532 (capacitors).
                  Moreover, as both the ferrite beads and the capacitor are equally important for the overall functioning of the electrical filter, the function of the article goes beyond the scope of heading 8532. Classification under this heading by application of GIR 1 and note 2(a) to Section XVI is therefore excluded.
                  The article is used as a component in a range of machines. As it is not suitable for use solely or principally with a particular machine or class of machine, it is to be classified under CN code 8548 90 90 as other electrical parts of machinery or apparatus, not specified or included elsewhere in Chapter 85.

                     Image 1

                     Image 2

                  (Circuit)

                  (Equivalent circuit)

         (1)  The images are purely for information.


title: Commission Implementing Regulation (EU) No 1114/2014 of 21 October 2014 amending Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat  Text with EEA relevance

text:
               22.10.2014

               EN

               Official Journal of the European Union

               L 302/46

         COMMISSION IMPLEMENTING REGULATION (EU) No 1114/2014
   of 21 October 2014
   amending Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat
   (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 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (1), and in particular points 8 to 11 of Article 18 thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 2075/2005 (2) lays down rules for the sampling of carcases of species susceptible to Trichinella infection, for the determination of the status of holdings and compartments and conditions for import of meat into the Union. It also provides for reference methods and equivalent methods of detection of Trichinella in samples of carcases.

               (2)

               Regulation (EC) No 2075/2005 allows the cutting of carcases of domestic swine under certain conditions pending the results of the Trichinella examination. To facilitate the operation of cutting premises, such authorisation should also be considered for horses under the same conditions.

               (3)

               Commission Regulation (EU) No 216/2014 (3) amended certain derogations for the Trichinella sampling of domestic swine in Regulation (EC) No 2075/2005. Regulation (EU) No 216/2014 also amended requirements that must be met by food business operators to obtain official recognition of holdings applying controlled housing conditions. One of those conditions is that the operator may introduce new animals onto the holding only if they come from holdings also officially recognised as applying controlled housing conditions. It should be clarified which conditions apply when domestic swine, others than those directly intended for slaughter, are moved from one to another holding via assembly centres. In addition, relevant certificates for intra-Union trade and import should be adapted to those amended requirements.

               (4)

               Information on the official recognition of the holding of origin as applying controlled housing conditions should be included by an official veterinarian in the animal health certificates provided for in Council Directive 64/432/EEC (4) as regards intra-Union trade in swine and in Commission Regulation (EU) No 206/2010 (5) as regards imports into the Union of domestic swine from third countries in order to enable Member States to apply the appropriate Trichinella testing regime at slaughter and not to jeopardise the status of the holding of destination of swine for breeding or production.

               (5)

               In order to ensure the correct application of the Regulation (EC) No 2075/2005, third countries exporting domestic swine or meat thereof, should be listed in the relevant acts on import conditions if they apply the derogations on Trichinella sampling of domestic swine and if holdings or compartments are officially recognised as applying controlled housing conditions.

               (6)

               The public health attestation of the Trichinella examination should be included in the veterinary certificates accompanying fresh meat in accordance with Regulation (EU) No 206/2010, meat preparations in accordance with Commission Decision 2000/572/EC (6) and meat products in accordance with Commission Decision 2007/777/EC (7).

               (7)

               The EU Reference Laboratory for parasites has recommended clarifying the text of Regulation (EC) No 2075/2005 in relation to the procedure of certain equivalent methods for Trichinella testing. In addition, the EU Reference Laboratory validated a new method (PrioCHECK® Trichinella AAD KIT) for the detection of Trichinella in meat of domestic swine. That method should therefore be authorised for testing of this species.

               (8)

               Regulation (EC) No 2075/2005 should therefore be amended accordingly.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 2075/2005 is amended as follows:

               (1)

               Article 2 is replaced by the following:
               ‘Article 2
               Sampling of carcases
               1.   Carcases of domestic swine shall be sampled in slaughterhouses as part of the post-mortem examination as follows:

                           (a)

                           all carcases of breeding sows and boars or at least 10 % of carcases of animals sent in for slaughter each year from each holding being officially recognised as applying controlled housing conditions, shall be examined for Trichinella.

                           (b)

                           all carcases from holdings not being officially recognised as applying controlled housing conditions shall be systematically examined for Trichinella.

                     A sample shall be collected from each carcase and the sample shall be examined for Trichinella, in a laboratory designated by the competent authority, using one of the following methods of detection:

                           (a)

                           the reference method of detection set out in Chapter I of Annex I; or

                           (b)

                           an equivalent method of detection set out in Chapter II of Annex I.

                     2.   Carcases of horses, wild boar and other farmed and wild animal species susceptible to Trichinella infestation shall be systematically sampled in slaughterhouses or game-handling establishments as part of the post-mortem examination.
               A sample shall be collected from each carcase and the sample shall be examined in accordance with Annexes I and III in a laboratory designated by the competent authority.
               3.   Pending the results of the Trichinella examination and provided full traceability is guaranteed by the food business operator, carcases of domestic swine and of horses may be cut up into a maximum of six parts in a slaughterhouse or in a cutting plant on the same premises.
               By way of derogation from the first subparagraph and following approval by the competent authority, such carcases may be cut up at a cutting plant attached to or separate from the slaughterhouse provided that:

                           (a)

                           the procedure is under supervision by the competent authority;

                           (b)

                           a carcase or the parts thereof have not more than one cutting plant as its destination;

                           (c)

                           the cutting plant is situated within the territory of the Member State; and

                           (d)

                           in case of a positive result all the parts are declared unfit for human consumption.’

               (2)

               Article 13 is replaced by the following:
               ‘Article 13
               Import health requirements
               1.   Meat containing striated muscles of animal species that may be carriers of Trichinella may only be imported into the Union if prior to export the examination for Trichinella has been performed in accordance with conditions equivalent to those of Article 2 or 3 in the third country where the animals were slaughtered.
               2.   A third country may only apply the derogations provided for in Article 3(2) and (3), if it has informed the Commission of the application of these derogations and if it has been listed for that purpose:

                           (i)

                           in Part 1 of Annex I to Regulation (EU) No 206/2010 for imports of live domestic swine; or

                           (ii)

                           in Part 1 of Annex II to Regulation (EU) No 206/2010 for imports of fresh meat of domestic swine;

                           (iii)

                           in Part 2 of Annex II to Decision 2007/777/EC for imports of meat products produced exclusively from meat or meat products of domestic swine.’

               (3)

               Article 15 is replaced by the following:
               ‘Article 15
               Documents
               1.   In the model health certificate for intra-Union trade in live domestic swine set out in Model 2 in Annex F to Directive 64/432/EEC the official veterinarian shall include the information on the official recognition of the holding of origin as applying controlled housing conditions as provided for in Article 8 of this Regulation.
               2.   In the model health certificate for imports into the Union of domestic swine set out in the Models POR-X and POR-Y in Part 2 of Annex I to Regulation (EU) No 206/2010 the official veterinarian shall include the information on the official recognition by the competent authority of a third country of the holding of origin as applying controlled housing conditions equivalent to those provided for in Annex IV to this Regulation.
               3.   In the veterinary certificate in accordance with Models “POR” set out in Part 2 of Annex II to Regulation (EU) No 206/2010 accompanying consignments of meat intended for imports into the Union from third countries the official veterinarian shall include the public health attestation of the examination for Trichinella carried out in accordance with Article 13 of this Regulation in the third country of origin of the meat.
               4.   In the animal and public health certificate, the model of which is set out in Annex II to Decision 2000/572/EC, accompanying consignments of meat preparations intended for imports into the Union from third countries, the official veterinarian shall include the public health attestation of the examination for Trichinella carried out in accordance with Article 13 of this Regulation in the third country of origin of the meat.
               5.   In the animal and public health certificate, the model of which is set out in Annex III to Decision 2007/777/EC, accompanying consignments of certain meat products and treated stomachs, bladders and intestines intended for imports into the Union from third countries, the official veterinarian shall include the public health attestation of the examination for Trichinella carried out in accordance with Article 13 of this Regulation in the third country of origin of the meat.’

               (4)

               In point 3 of Chapter I of Annex I, paragraph IV is replaced by the following:

                           ‘IV.

                           Cleaning and decontamination procedure after a positive or doubtful result
                           When the examination of a collective or individual sample produces a positive or doubtful result, all material in contact with meat (blender bowl and blade, beaker, stirring rod, temperature sensor, conical filtration funnel, sieve and forceps) must be carefully decontaminated by washing in warm water (65 to 90 °C). It is recommended to rinse each piece thoroughly to remove the detergent if a detergent is used during washing.’

               (5)

               In point 3 of Part D of Chapter II of Annex I, paragraph IV is replaced by the following:

                           ‘IV.

                           Cleaning and decontamination procedure after a positive or doubtful result
                           When the examination of a collective or individual sample produces a positive or doubtful latex agglutination result, all material in contact with meat (blender bowl and blade, pestle, beaker, stirring rod, temperature sensor, conical filtration funnel, sieve and forceps) must be carefully decontaminated by soaking for few seconds in warm water (65 to 90 °C). Meat residues or inactivated larvae that could remain on their surface may be removed with a clean sponge and tap water. If required, a few drops of detergent can be added for degreasing equipment. It is then recommended to rinse each piece thoroughly to remove all traces of detergent.’

               (6)

               In Chapter II of Annex I, the following Part E is added:
               ‘E.   Artificial digestion test for in vitro detection of Trichinella spp. larvae in meat samples, PrioCHECK® Trichinella AAD Kit.

                  This method is only considered equivalent for the testing of meat of domestic swine

               The PrioCHECK® Trichinella AAD Kit shall be used according to the instruction manual of the kit using separatory funnels (Lenz NS 29/32) and a glass test tube of 80 ml.’

               (7)

               In Part A of Chapter I of Annex IV, points (g) to (j) are replaced by the following:

                           ‘(g)

                           the operator must ensure that domestic swine are identified so that each animal can be traced back to the holding;

                           (h)

                           the operator must ensure that domestic swine are only introduced onto the holding if they originate in and come from holdings officially recognised as applying controlled housing conditions;

                           (i)

                           none of the domestic swine has access to outdoor facilities unless the operator can show by a risk analysis to the satisfaction of the competent authority that the time period, facilities and circumstances of outdoor access do not pose a danger for introduction of Trichinella in the holding;

                           (j)

                           none of the swine for breeding and production, as defined in Article 2(2)(c) of Directive 64/432/EEC, has been unloaded after leaving the holding of origin at an assembly centre as defined in Article 2(2)(o) of Directive 64/432/EEC, unless the assembly centre meets the requirements of points (a) to (i) of this Part and all domestic swine being grouped for consignments at the assembly centre originate in and come from holdings officially recognised as applying controlled housing conditions or from officially recognised compartments.’

         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, 21 October 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 139, 30.4.2004, p. 206.

      (2)  Commission Regulation (EC) No 2075/2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat (OJ L 338, 22.12.2005, p. 60).

      (3)  Commission Regulation (EU) No 216/2014 of 7 March 2014 amending Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat (OJ L 69, 8.3.2014, p. 85).

      (4)  Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade of bovine animals and swine (OJ 121, 29.7.1964, p. 1977).

      (5)  Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (OJ L 73, 20.3.2010, p. 1).

      (6)  Commission Decision 2000/572/EC of 8 September 2000 laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries (OJ L 240, 23.9.2000, p. 19).

      (7)  Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (OJ L 312, 30.11.2007, p. 49).


title: Commission Implementing Regulation (EU) No 699/2014 of 24 June 2014 on the design of the common logo to identify persons offering medicinal products for sale at a distance to the public and the technical, electronic and cryptographic requirements for verification of its authenticity  Text with EEA relevance

text:
               25.6.2014

               EN

               Official Journal of the European Union

               L 184/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 699/2014
   of 24 June 2014
   on the design of the common logo to identify persons offering medicinal products for sale at a distance to the public and the technical, electronic and cryptographic requirements for verification of its authenticity
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use (1), and in particular Article 85c(3) thereof,
   Whereas:

               (1)

               Article 85c(3) of Directive 2001/83/EC provides that a common logo recognisable throughout the Union should be established, which will enable the identification of the Member State where the person offering medicinal products for sale at a distance to the public by means of information society services is established.

               (2)

               Pursuant to Article 85c(3)(a) of Directive 2001/83/EC, the Commission should adopt implementing acts in order to harmonise the functioning of common logo regarding the technical, electronic and cryptographic requirements for verification of the authenticity of the common logo. These requirements should provide for a high level of security and prevent any fraudulent use of the logo.

               (3)

               In line with Article 85c(1)(d)(iii) the verification of the authenticity of the common logo is done via a hyperlink between the logo and the entry of the person authorised or entitled to offer medicinal products for sale at a distance to the public by means of information society services on the list referred to in Article 85c(4)(c). Therefore, these hyperlinks should be permanent and secured.

               (4)

               In order to prevent a fraudulent use of the logo, the national websites referred to Article 85c(4) should be secured, updated and hosted on trusted domains.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Medicinal Products for Human Use,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The design of the common logo referred to in Article 85c(3)(b) of Directive 2001/83/EC shall follow the model set out in the Annex to this Regulation.
   Article 2
   The website, mentioned in Article 85c(4) shall be accessible in such a way that the public can be easily assured that it is the trusted site for the purpose.
   Article 3
   The hyperlink, mentioned in Article 85c(1)(d)(iii) of Directive 2001/83/EC between the website of the person authorised or entitled to supply medicinal products at a distance to the public by means of information society services and the website hosting the national list mentioned in Article 85c(4)(c) of the Directive, shall be fixed and reciprocal.
   The information transit between the websites authorised or entitled to supply medicinal products at a distance to the public by means of information society services and the websites hosting the national lists shall be secured through appropriate means.
   Article 4
   In order for the hyperlink mentioned in the first paragraph of Article 3 to work reliably the websites hosting the national lists set up in accordance with Article 85c(4)(c) of Directive 2001/83/EC shall be secured and updated, with an indication of the latest update moment.
   Article 5
   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 as from 1 July 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 June 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 311, 28.11.2001, p. 67.

      ANNEX

                  1.

                  The model referred to in Article 1 for the common logo is the following:

                  2.

                  The reference colours are: PANTONE 421 CMYK 13/11/8/26 RGB 204/204/204; PANTONE 7731 CMYK 79/0/89/22 RGB 0/153/51; PANTONE 376 CMYK 54/0/100/0 RGB 153/204/51; PANTONE 7480 CMYK 75/0/71/0.

                  3.

                  The national flag of the Member State where the natural or legal person supplying medicinal products to the public at a distance by means of information society services is established shall be inserted in the white rectangle in the middle (left side) of the common logo.

                  4.

                  The language of the text in the common logo shall be established by the Member State referred to in point 3.

                  5.

                  The common logo shall have a minimum width size of 90 pixel.

                  6.

                  The common logo shall be static.

                  7.

                  If the logo is used on a coloured background which makes it difficult to see, a delimiting outer line around the logo can be used to improve contrast with the background colour.


title: Commission Implementing Regulation (EU) 2017/806 of 11 May 2017 approving the low-risk active substance Bacillus amyloliquefaciens strain FZB24, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance. )

text:
               12.5.2017

               EN

               Official Journal of the European Union

               L 121/31

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/806
   of 11 May 2017
   approving the low-risk active substance Bacillus amyloliquefaciens strain FZB24, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
   (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 22(1) in conjunction with Article 13(2) thereof,
   Whereas:

               (1)

               In accordance with Article 7(1) of Regulation (EC) No 1107/2009 France received on 19 June 2013 an application from Novozymes Biologicals France for the approval of the active substance Bacillus amyloliquefaciens strain FZB24.

               (2)

               In accordance with Article 9(3) of that Regulation, France, as rapporteur Member State, notified the applicant, the other Member States, the Commission and the European Food Safety Authority (‘the Authority’) of the admissibility of the application on 4 September 2013.

               (3)

               On 13 April 2015, the rapporteur Member State submitted a draft assessment report to the Commission with a copy to the Authority, assessing whether that active substance can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.

               (4)

               The Authority complied with Article 12(1) of Regulation (EC) No 1107/2009. In accordance with Article 12(3) of Regulation (EC) No 1107/2009, it requested that the applicant supply additional information to the Member States, the Commission and the Authority. The assessment of the additional information by the rapporteur Member State was submitted to the Authority in the format of an updated draft assessment report on 22 February 2016.

               (5)

               On 10 May 2016, the Authority communicated to the applicant, the Member States and the Commission its conclusion (2) on whether the active substance Bacillus amyloliquefaciens strain FZB24 can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Authority made its conclusion available to the public.

               (6)

               On 6 October 2016, the Commission presented to the Standing Committee on Plants, Animals, Food and Feed the review report for Bacillus amyloliquefaciens strain FZB24 and a draft Regulation providing that Bacillus amyloliquefaciens strain FZB24 is approved.

               (7)

               The applicant was given the possibility to submit comments on the review report.

               (8)

               It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance, and in particular the uses which were examined and detailed in the review report, that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. Those approval criteria are therefore deemed to be satisfied. It is therefore appropriate to approve Bacillus amyloliquefaciens strain FZB24.

               (9)

               The Commission further considers that Bacillus amyloliquefaciens strain FZB24 is a low-risk active substance pursuant to Article 22 of Regulation (EC) No 1107/2009. Bacillus amyloliquefaciens strain FZB24 is not a substance of concern and fulfils the conditions set in point 5 of Annex II to Regulation (EC) No 1107/2009. Bacillus amyloliquefaciens strain FZB24 is a wild-type strain naturally occurring in the environment. It is not pathogenic to humans or animals. The additional exposure of humans, animals and the environment by the uses approved under Regulation (EC) No 1107/2009 is expected to be negligible compared to exposure expected through realistic natural situations.

               (10)

               It is therefore appropriate to approve Bacillus amyloliquefaciens strain FZB24 substance for a period of 15 years.

               (11)

               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, however, necessary to include certain conditions.

               (12)

               In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (3) should be amended accordingly.

               (13)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Approval of active substance
   The active substance Bacillus amyloliquefaciens strain FZB24, as specified in Annex I, is approved subject to the conditions laid down in that Annex.
   Article 2
   Amendments to Implementing Regulation (EU) No 540/2011
   The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
   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 May 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  EFSA (European Food Safety Authority), 2016. Conclusion on the peer review of the pesticide risk assessment of the active substance Bacillus amyloliquefaciens strain FZB24. EFSA Journal 2016;14(6):4494, 18 pp. doi:10.2903/j.efsa.2016.4494.

      (3)  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).

      ANNEX I

                  Common Name, Identification Numbers

                  IUPAC Name

                  Purity (1)

                  Date of approval

                  Expiration of approval

                  Specific provisions

                     Bacillus amyloliquefaciens strain FZB24.
                  Accession number in the culture collection of the ‘Deutsche Sammlung von Mikroorganismen’ (DSM), Germany: 10271
                  Accession number at the Agricultural Research Service Culture Collection (NRRL), USA: B-50304

                  Not applicable

                  Minimum concentration:
                  2 × 1014 CFU/kg

                  1 June 2017

                  1 June 2032

                  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 Bacillus amyloliquefaciens strain FZB24, and in particular Appendices I and II thereof, shall be taken into account.
                  In this overall assessment Member States shall pay particular attention to:

                              —

                              specification of the technical material as commercially manufactured, including full characterisation of impurities and metabolites;

                              —

                              the protection of operators and workers, taking into account that microorganisms are considered as potential sensitizers.

                        Strict maintenance of environmental conditions and quality control analysis during the manufacturing process shall be assured by the producer.
                  Conditions of use shall include risk mitigation measures, where appropriate.

         (1)  Further details on identity and specification of active substance are provided in the review report.

      ANNEX II
      In Part D of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Date of approval

                     Expiration of approval

                     Specific provisions

                     ‘10

                        Bacillus amyloliquefaciens strain FZB24.
                     Accession number in the culture collection of the ‘Deutsche Sammlung von Mikroorganismen’ (DSM), Germany: 10271
                     Accession number at the Agricultural Research Service Culture Collection (NRRL), USA: B-50304

                     Not applicable

                     Minimum concentration:
                     2 × 1014 CFU/kg

                     1 June 2017

                     1 June 2032

                     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 Bacillus amyloliquefaciens strain FZB24, and in particular Appendices I and II thereof, shall be taken into account.
                     In this overall assessment Member States shall pay particular attention to:

                                 —

                                 specification of the technical material as commercially manufactured, including full characterisation of impurities and metabolites;

                                 —

                                 the protection of operators and workers, taking into account that microorganisms are considered as potential sensitizers.

                           Strict maintenance of environmental conditions and quality control analysis during the manufacturing process shall be assured by the producer.
                     Conditions of use shall include risk mitigation measures, where appropriate.’

         (1)  Further details on identity and specification of active substance are provided in the review report.