title: Commission Implementing Regulation (EU) 2015/2344 of 15 December 2015 laying down implementing technical standards with regard to currencies with constraints on the availability of liquid assets in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance)

text:
               16.12.2015

               EN

               Official Journal of the European Union

               L 330/26

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2344
   of 15 December 2015
   laying down implementing technical standards with regard to currencies with constraints on the availability of liquid assets in accordance with 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 and amending Regulation (EU) No 648/2012 (1), and in particular Article 419(4) thereof,
   Whereas:

               (1)

               Article 412(1) of Regulation (EU) No 575/2013 sets out a liquidity coverage requirement, establishing that institutions must hold liquid assets to ensure they maintain levels of liquidity buffers which are adequate to face any possible imbalance between liquidity inflows and outflows.

               (2)

               Commission Delegated Regulation (EU) 2015/61 (2), adopted pursuant to Article 460 of Regulation (EU) No 575/2013, specifies in detail the liquidity coverage requirement

               (3)

               Where the justified needs for liquid assets in the light of the liquidity coverage requirement exceed the availability of those liquid assets in a currency, one or more derogations are to apply for that currency, as set out in Article 419(2) of Regulation (EU) No 575/2013.

               (4)

               It is therefore necessary to identify the currencies which should benefit from a derogation and the extent to which such a derogation should be available.

               (5)

               The assessment by the European Banking Authority (EBA) of justified needs was based on the best available data that could be supplied by competent authorities on the liquid assets in a currency and the amount of liquid assets required by other investors and therefore not available to meet the needs of institutions for liquid assets.

               (6)

               EBA has identified the Norwegian krone (NOK) as a currency with constraints on the availability of liquid assets. That identification was made before the entry into force of Delegated Regulation (EU) 2015/61, where EBA assessed the availability of liquid assets in accordance with the international standards adopted by the Basel Committee on Banking Supervision. The assessment examined the amounts of liquid assets not required by entities which are not subject to Regulation (EU) No 575/2013 and compared this to the needs of institutions, based on their estimated weighted net cash outflows over the following 30 days, taking into account the cap on inflows, factors likely to affect the shortage of liquid assets over a three to five year period and a target of 110 % for the liquidity coverage requirement.

               (7)

               The EBA assessment concluded that the justified needs for liquid assets exceeded the availability of liquid assets in NOK. Sovereign debt is one of the most liquid assets, but in the case of Norway the supply of Norwegian government debt is relatively constrained because of the favourable budgetary position. While international institutions and multinational development banks have also issued large amounts of bonds in NOK, these issues are predominantly private placements held by overseas investors and were therefore not considered by EBA as liquid and available for institutions within the scope of Regulation (EU) No 575/2013. Finally, the EBA assessment was based on the international liquidity standards adopted by the Basel Committee on Banking Supervision whilst the assessement whether the justified needs for liquid assets significantly exceed the availability of liquid assets in a currency should be based upon the definitive list of liquid assets established by Delegated Regulation (EU) 2015/61. The latter establishes a broader range of liquid assets, in particular in relation to covered bonds. However, this difference is insufficient to change the EBA conclusion that the justified needs for liquid assets exceeded the availability of liquid assets in NOK.

               (8)

               EBA has conducted open public consultations on the draft implementing technical standard 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. In accordance with the procedure set out in Article 15 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (3), the Commission endorsed with amendments the draft implementing technical standard submitted by EBA after having sent the draft implementing technical standard back to EBA explaining the reasons for the amendments. The EBA provided a formal opinion supporting those amendments and confirming that the amount by which justified needs for liquid assets exceed availability of liquid assets in NOK as proposed in its original draft implementing technical standard should not be amended.

         HAS ADOPTED THIS REGULATION:
   Article 1
   The justified needs for liquid assets in the light of the requirement in Article 412 of Regulation (EU) No 575/2013 shall be deemed to exceed the availability of those liquid assets in the currencies specified in the Annex to this Regulation by the percentage specified in that Annex.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 27.6.2013, p. 1.

      (2)  Commission Delegated Regulation (EU) 2015/61 of 10 October 2014 to supplement Regulation (EU) No 575/2013 of the European Parliament and the Council with regard to liquidity coverage requirement for credit institutions (OJ L 11, 17.1.2015, p. 1).

      (3)  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).

      ANNEX

         List of currencies with constraints on the availability of liquid assets

                  No.

                  Currency

                  Amount by which justified needs for liquid assets exceed availability

                  1.

                  Norwegian Krone (NOK)

                  63 %


title: Commission Implementing Regulation (EU) 2017/1835 of 9 October 2017 fixing the import duties in the cereals sector applicable from 10 October 2017

text:
               10.10.2017

               EN

               Official Journal of the European Union

               L 260/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1835
   of 9 October 2017
   fixing the import duties in the cereals sector applicable from 10 October 2017
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183 thereof,
   Whereas:

               (1)

               Article 1(1) of Commission Regulation (EU) No 642/2010 (2) states that the import duty on products covered by CN codes 1001 11 00, 1001 19 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation, increased by 55 %, minus the CIF import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

               (2)

               Article 1(2) of Regulation (EU) No 642/2010 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative CIF import prices are to be established on a regular basis for the products referred to in that paragraph.

               (3)

               Under Article 2(1) of Regulation (EU) No 642/2010, the import price to be used for the calculation of the import duty on products referred to in Article 1(1) of that Regulation is the daily CIF representative import price determined as specified in Article 5 of that Regulation.

               (4)

               From 21 September 2017 the import duty on products originating in Canada covered by CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00 and 1002 90 00 is to be calculated in accordance with Article 2(5) of Regulation (EU) No 642/2010.

               (5)

               Import duties should be fixed for the period from 10 October 2017 and should apply until new import duties are fixed and enter into force.

               (6)

               Under Article 2(2) of Regulation (EU) No 642/2010, this Regulation should enter into force on the day of its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 10 October 2017, the import duties in the cereals sector referred to in Article 1(1) of Regulation (EU) No 642/2010 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   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, 9 October 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5).

      ANNEX I

                  Import duties on the products referred to in Article 1(1) of Regulation (EU) No 642/2010 applicable from 10 October 2017

                  CN code

                  Description

                  Import duties (1)
                      (2)

                  (EUR/tonne)

                  1001 11 00

                  Durum wheat seed

                  0,00

                  1001 19 00

                  High quality durum wheat, other than for sowing

                  0,00

                  Medium quality, other than for sowing

                  0,00

                  Low quality, other than for sowing

                  0,00

                  ex 1001 91 20

                  Common wheat seed

                  0,00

                  ex 1001 99 00

                  High quality common wheat, other than for sowing

                  0,00

                  1002 10 00

                  Rye seed

                  5,61

                  1002 90 00

                  Rye, other than for sowing

                  5,61

                  1005 10 90

                  Maize seed, other than hybrid

                  5,61

                  1005 90 00

                  Maize, other than for sowing (3)

                  5,61

                  1007 10 90

                  Grain sorghum, other than hybrids for sowing

                  5,61

                  1007 90 00

                  Grain sorghum, other than for sowing

                  5,61

         (1)  The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

                  —

                  EUR 3/tonne, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal,

                  —

                  EUR 2/tonne, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean.

         (2)  For products originating in Canada covered by CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00 and 1002 90 00, the duty is calculated in accordance with Article 2(5) of Regulation (EU) No 642/2010.

         (3)  The importer may benefit from a flat-rate reduction of EUR 24/tonne where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

      ANNEX II

         FACTORS FOR CALCULATING THE DUTIES LAID DOWN IN ANNEX I

                  1.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              (EUR/tonne)

                              Common wheat (1)

                              Maize

                              Exchange

                              Minneapolis

                              Chicago

                              Quotation

                              210,22

                              117,61

                              Gulf of Mexico premium

                              —

                              15,27

                              Great Lakes premium

                              32,84

                              —

                  2.

                  Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                              Freight costs: Gulf of Mexico-Rotterdam:

                              18,54 EUR/tonne

                              Freight costs: Great Lakes-Rotterdam:

                              39,59 EUR/tonne

         (1)  Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).


title: Council Implementing Regulation (EU) 2017/890 of 24 May 2017 implementing Article 17(1) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic

text:
               25.5.2017

               EN

               Official Journal of the European Union

               L 138/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2017/890
   of 24 May 2017
   implementing Article 17(1) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 224/2014 of 10 March 2014 concerning restrictive measures in view of the situation in the Central African Republic (1), and in particular Article 17(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 10 March 2014, the Council adopted Regulation (EU) No 224/2014.

               (2)

               On 17 May 2017, the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 2127 (2013) added one person to the list of persons and entities subject to restrictive measures.

               (3)

               Annex I to Regulation (EU) No 224/2014 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EU) No 224/2014 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 May 2017.

            For the Council

            The President

         L. GRECH

      (1)  OJ L 70, 11.3.2014, p. 1.

      ANNEX
      The person listed in the Annex to this Regulation shall be added to the list set out in Annex I to Regulation (EU) No 224/2014.
      A.   Persons

                  ‘12.

                  Abdoulaye HISSENE (alias: a) Abdoulaye Issène; b) Abdoulaye Hissein; c) Hissene Abdoulaye; d) Abdoulaye Issène Ramadane; e) Abdoulaye Issene Ramadan; f) Issene Abdoulaye

         Date of birth: 1967

         Place of birth: Ndele, Bamingui-Bangoran, Central African Republic

         Nationality: Central African Republic

         Passport no.: CAR diplomatic passport no. D00000897, issued on 5 April 2013 (valid until 4 April 2018)

         Address: a) KM5, Bangui, Central African Republic b) Nana-Grebizi, Central African Republic

         Date of UN designation:17 May 2017

         Other Information: Hissène was formerly the Minister of Youth and Sports as part of the Cabinet for the Central African Republic's former President Michel Djotodia. Prior to that, he was the head of the Convention of Patriots for Justice and Peace, a political party. He also established himself as a leader of armed militias in Bangui, in particular in the ‘PK5’ (3rd district) neighbourhood.

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

         Additional information:

                  Abdoulaye Hissène and other members of the ex-Séléka collaborated with anti-balaka spoilers allied with former Central African Republic (CAR) President François Bozizé, including Maxime Mokom, to encourage violent protests and clashes in September 2015 as part of a failed coup attempt to bring down the Government while then-Transitional President Catherine Samba-Panza was attending the 2015 UN General Assembly. Mokom, Hissène, and others were indicted by the CAR government for various criminal offenses, including murder, arson, torture, and looting, stemming from the failed coup.

                  Since 2015, Hissène had become one of the main leaders of armed militias located in the ‘PK5’ neighborhood of Bangui which comprised more than 100 men. As such, he prevented the freedom of movement and the return of state authority in the area, including through illegal taxation of transportation and commercial activities. In the second half of 2015, Hissène acted as the representative of the ex-Séléka ‘Nairobists’ in Bangui operating in a rapprochement with anti-balaka fighters under Mokom. Armed men under the control of Haroun Gaye and Hissène participated in the violent events which took place in Bangui between 26 September and 3 October 2015.

                  Members of Hissène's group are suspected of having been involved in an attack on the 13 December 2015 –the day of the constitutional referendum -on the vehicle of Mohamed Moussa Dhaffane, a leader of the ex-Séléka. Hissène is accused of orchestrating violence in Bangui's KM5 district that killed five, wounded twenty, and prevented residents from voting in the constitutional referendum. Hissène put the elections at risk by creating a cycle of retaliatory attacks between different groups.

                  On 15 March 2016, Hissène was apprehended by the police at Bangui M'poko airport and transferred to the research and investigation section of the national gendarmerie. His militia subsequently released him, using force, and stole one weapon previously handed over by MINUSCA as part of an exemption request approved by the Committee.

                  On 19 June 2016, following the arrest of Muslim traders by internal security forces at ‘PK 12’, militias of Gaye and Hissène kidnapped five national policemen in Bangui. On 20 June, MINUSCA attempted to release the policemen. Armed men under the control of Hissène and Gaye exchanged fire with the peacekeepers attempting to release the hostages. As a result, at least six individuals were killed and one peacekeeper was injured.

                  On 12 August 2016, Hissène took the lead of a 6-vehicles convoy with heavily armed individuals. The convoy, which was fleeing Bangui, was intercepted by MINUSCA south of Sibut. En route to the North, the convoy exchanged fire with internal security forces at several checkpoints. The convoy was eventually stopped by MINUSCA 40 km south of Sibut. After multiple gunfights, MINUSCA captured 11 of the men, but Hissène and several others escaped. Individuals arrested indicated to MINUSCA that Hissène was the leader of the convoy whose objective was to reach Bria and participate in the Assembly of ex-Séléka groups organized by Nourredine Adam.

                  In August and September 2016, the Panel of Experts traveled twice to Sibut in order to inspect the belongings of the convoy of Hissène, Gaye and Hamit Tidjani, seized by MINUSCA on 13 August. The Panel also inspected the ammunition seized in the house of Hissène on 16 August. Lethal and non-lethal military equipment was recovered in the six vehicles and from the apprehended individuals. On 16 August 2016, the Central Gendarmerie raided the home of Hissène in Bangui. More than 700 weapons were found.

                  On 4 September 2016, a group of ex-Séléka elements coming from Kaga-Bandoro on six motor-bikes to pick up Hissène and his affiliates opened fire against MINUSCA next to Dékoa. During this incident, one ex-Séléka fighter was killed, and two peacekeepers and one civilian were wounded.’


title: Commission Implementing Regulation (EU) No 1208/2011 of 22 November 2011 amending and correcting Regulation (EC) No 288/2009 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards the Community aid for supplying fruit and vegetables, processed fruit and vegetables and banana products to children in educational establishments, in the framework of a School Fruit Scheme

text:
               23.11.2011

               EN

               Official Journal of the European Union

               L 305/53

         COMMISSION IMPLEMENTING REGULATION (EU) No 1208/2011
   of 22 November 2011
   amending and correcting Regulation (EC) No 288/2009 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards the Community aid for supplying fruit and vegetables, processed fruit and vegetables and banana products to children in educational establishments, in the framework of a School Fruit Scheme
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 103h(f) in conjunction with Article 4 thereof,
   Whereas:

               (1)

               In the light of the experience acquired in the management of the School Fruit Scheme established by Article 103ga of Regulation (EC) No 1234/2007 and in order to facilitate its implementation, it is necessary to clarify and simplify a number of provisions of Commission Regulation (EC) No 288/2009 (2).

               (2)

               Article 103ga(2) of Regulation (EC) No 1234/2007 requires Member States to adopt the accompanying measures necessary to make their scheme effective. Accompanying measures do not benefit from Union aid for the School Fruit Scheme. It is therefore necessary to distinguish such measures with more precision from the communication measures which are eligible for Union aid.

               (3)

               Article 5(1) of Regulation (EC) No 288/2009 provides for a list of costs which are eligible for Union aid. In order to ensure proper financial management and control of expenditure, it is necessary to set out more clearly which costs are eligible for Union aid. To ensure the effectiveness of the scheme, it is appropriate to provide that personnel costs should not benefit from Union aid, with the exception of certain personnel costs which are directly linked to the implementation of the scheme.

               (4)

               Experience has shown that the detailed rules on aid applications and the payment of aid provided in Regulation (EC) No 288/2009 are difficult to apply in respect of entities that could execute monitoring, evaluation and communication tasks in the framework of the School Fruit Scheme when such entities are not involved in the delivery of products. Therefore, it is necessary to clarify the conditions under which aid should be granted in respect of monitoring, evaluation and communication activities.

               (5)

               In order to limit the control requirements in respect of aid applicants that are solely responsible for dealing with monitoring, evaluation and communication tasks, rules on controls and checks should be simplified. By reason of the specific nature of those tasks, it is appropriate to exempt them from on-the-spot checks and to subject them only to full administrative checks.

               (6)

               In the second sentence of Article 3(5) of Regulation (EC) No 288/2009, there is an inconsistency in the language versions as regards the implementation of the School Fruit Scheme by Member States. It should be clarified in some language versions that if Member States choose to implement more than one scheme, they have to draw up a strategy for each scheme.

               (7)

               Regulation (EC) No 288/2009 should therefore be amended and corrected accordingly.

               (8)

               For programming purposes and in order to ensure that the rules do not change during the applicable period, it is necessary to apply the amendments introduced by this Regulation from the beginning of the current implementation period of the School Fruit Scheme, i.e. 1 August 2011.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment of Regulation (EC) No 288/2009
   Regulation (EC) No 288/2009 is amended as follows:

               (1)

               In Article 3, paragraph 4 is replaced by the following:
               ‧4.   Member States shall describe in their strategy which accompanying measures they adopt in order to ensure the successful implementation of their scheme. Those measures shall be educational and shall focus on improving the target group's knowledge of the fruit and vegetable sector or healthy eating habits and may involve teachers and parents.‧.

               (2)

               Article 5 is amended as follows:

                           (a)

                           Paragraph 1 is amended as follows:

                                       (i)

                                       the first subparagraph is replaced by the following:
                                       ‧The following costs are eligible for the Union aid provided for in Article 103ga of Regulation (EC) No 1234/2007:

                                                   (a)

                                                   costs for fruits and vegetables, processed fruit and vegetables and banana products covered by the School Fruit Scheme and delivered to an educational establishment;

                                                   (b)

                                                   related costs, which are costs that are directly linked to the implementation of a School Fruit Scheme and shall only include:

                                                               (i)

                                                               costs for purchasing, renting, hiring and leasing of equipment, if provided for in the strategy;

                                                               (ii)

                                                               costs for the monitoring and evaluation activities referred to in Article 12, which shall be directly linked to the School Fruit Scheme;

                                                               (iii)

                                                               costs for communication, which shall be directly linked to informing the wider public about the School Fruit Scheme and which shall include the poster referred to in Article 14(1); those costs may also include one or more of the following communication measures and activities:

                                                                           —

                                                                           information campaigns by means of broadcasting, electronic communications, newspapers and similar communication means;

                                                                           —

                                                                           information sessions, conferences, seminars and workshops dedicated to informing the wider public about the scheme and similar events;

                                                                           —

                                                                           information and promotion material such as letters, leaflets, brochures, gadgets and similar.‧;

                                       (ii)

                                       the following new subparagraph is added:
                                       ‘Value added tax (VAT) and expenditure relating to personnel costs are not eligible for the Union aid provided for in Article 103ga of Regulation (EC) No 1234/2007, with the exception of personnel costs that form part of the costs related to the activities referred to in the first subparagraph of this paragraph, where those activities have been outsourced.’

                           (b)

                           Paragraph 2 is replaced by the following:
                           ‧2.   The total amount for costs under point (b)(iii) of the first subparagraph of paragraph 1 shall represent a fixed amount and be subject to a ceiling not exceeding 5% of the annual amount of the Union aid allocated to the Member State concerned, following the definitive allocation referred to in Article 4(4).
                           The total amount for costs under points (b)(i) and (ii) of the first subparagraph of paragraph 1 shall not exceed 10% of the annual amount of the Union aid allocated to the Member State concerned, following the definitive allocation referred to in Article 4(4).‧.

               (3)

               Article 7 is replaced by the following:
               ‧Article 7
               Conditions for approval of aid applicants
               1.   The competent authority shall make the approval of aid applicants conditional on the following written commitments by the applicant:

                           (a)

                           to use products financed under a School Fruit Scheme complying with this Regulation for consumption by the children of its educational establishment or of the establishments in respect of which it will apply for aid;

                           (b)

                           to use the aid for monitoring and evaluation of the School Fruit Scheme or for communication in accordance with purpose of the Scheme;

                           (c)

                           to reimburse any aid unduly paid for the quantities concerned, if it has been found that these products have not been distributed to the children referred to in Article 2 or have been paid for products that are not eligible under this Regulation;

                           (d)

                           in case of fraud or serious negligence, to pay an amount equal to the difference between the amount initially paid and the amount to which the applicant is entitled;

                           (e)

                           to make supporting documents available to the competent authorities at their request;

                           (f)

                           to undergo any check decided on by the competent authority of the Member State, in particular the scrutiny of records and physical inspection.

                     2.   In the case of aid applicants referred to in point (e)(ii) of Article 6(2), only points (b), (d) and (e) of paragraph 1 of this Article shall apply.
               3.   Aid applicants referred to in points (c), (d) and (e)(i) of Article 6(2) shall make an additional written commitment to keep records of the names and addresses of the educational establishments or, where appropriate, educational authorities and the products and quantities sold or supplied to these establishments or authorities.
               4.   Member States may require additional written commitments by the applicant.‧.

               (4)

               Article 8 is deleted.

               (5)

               Article 10 is amended as follows:

                           (a)

                           Paragraph 1 is replaced by the following:
                           ‧1.   Aid applications shall be made in a manner which shall be specified by the competent authority of the Member State.
                           Aid applications lodged by the applicants referred to in points (a) to (d) and in point (e)(i) of Article 6(2) shall include at least the following information:

                                       (a)

                                       the quantities distributed;

                                       (b)

                                       the name and address or identification number of the educational establishment or educational authority to which the information referred to in point (a) of this paragraph relates;

                                       (c)

                                       the number of children in the respective educational establishment of the target group as identified in the strategy of the Member State;

                                       (d)

                                       the supporting documents to be defined by the Member States.‧;

                           (b)

                           In paragraph 3, the following sentence is added:
                           ‧In the case of aid applications for the evaluation report carried out in accordance with Article 12, the deadline shall be the last day of the first month following the end of the evaluation deadline referred to in Article 12(2).‧

                           (c)

                           In paragraph 4, the first sentence is replaced by the following:
                           ‧The amounts claimed in the application shall be supported by documentary evidence held available to the competent authorities.‧.

               (6)

               Article 11 is amended as follows:

                           (a)

                           In paragraph 1, the introductory phrase is replaced by the following:
                           ‧As regards aid applicants referred to in points (a) to (d) and in point (e)(i) of Article 6(2), aid shall only be paid:‧;

                           (b)

                           The following new paragraph 1a is inserted:
                           ‧1a.   As regards aid applicants referred to in point (e)(ii) of Article 6(2), aid shall only be paid upon the delivery of the goods or services concerned and upon submission of related documentary evidence as required by the competent authorities of the Member States.‧;

                           (c)

                           In paragraph 3, the second subparagraph is replaced by following:
                           ‧Once the time limit referred to in Article 10(3) is overrun by two months, the aid shall be further reduced by 1% per additional day.‧.

               (7)

               In Article 12, paragraph 2 is replaced by the following:
               ‧2.   Member States shall evaluate the implementation of their School Fruit Scheme and assess its effectiveness. For the implementation period running from 1 August 2010 to 31 July 2011, Member States shall notify the Commission of the results of their evaluation exercise by 29 February 2012. For subsequent implementation periods, Member States shall, by the end of February of every fifth year following 29 February 2012, submit to the Commission an evaluation report covering the preceding five-year implementation period.‧.

               (8)

               Article 13 is amended as follows:

                           (a)

                           Paragraphs 1 and 2 are replaced by the following:
                           ‧1.   Member States shall take all necessary measures to ensure compliance with this Regulation. These measures shall include full administrative checking of all aid applications.
                           2.   In cases where an aid applicant referred to in points (a) to (d) and in point (e)(i) of Article 6(2) applies for the aid, the administrative checks shall include checking of supporting documents as defined by Member States, relating to product delivery. The administrative checks shall be supplemented by on-the-spot checks carried out in particular on:

                                       (a)

                                       the records referred to in Article 7, including financial records such as purchase and sales invoices and bank extracts;

                                       (b)

                                       use of the subsidised products in accordance with this Regulation, particularly if there are grounds for suspecting any irregularity.‧;

                           (b)

                           The following new paragraph 2a is inserted:
                           ‧2a.   In cases where an applicant referred to in point (e)(ii) of Article 6(2) applies for the aid, the administrative checks shall include checking of the delivery of the goods and services and the veracity of the claimed expenditure.‧;

                           (c)

                           In paragraph 3, the first subparagraph is replaced by following:
                           ‧The total number of on-the-spot checks carried out in respect of each period running from 1 August to 31 July shall cover at least 5% of the aid distributed at national level and at least 5% of all the applicants referred to in points (a) to (d) and in point (e)(i) of Article 6(2).‧;

                           (d)

                           In the first sentence of paragraph 6, the reference to point (e) is replaced by the reference to point (e)(i) of Article 6(2).

               (9)

               Article 14 is amended as follows:

                           (a)

                           Paragraph 2 is replaced by the following:
                           ‧2.   Where Member States decide not to make use of the poster referred to in paragraph 1, they shall clearly explain in their strategy how they will inform the public about the European Union's financial contribution to their scheme.‧;

                           (b)

                           The following new paragraph 2a is inserted:
                           ‧2a.   Websites or any other instrument of communication referred to in point (b)(iii) of Article 5(1) on a Member State's School Fruit Scheme shall in any event exhibit the European flag and mention the European ‧School Fruit Scheme‧ and the financial support of the European Union.‧.

               (10)

               In the second subparagraph of Article 15(1), points (a) and (b) are replaced by the following:

                           ‧(a)

                           the results of the monitoring exercise, as provided for in Article 12(1) to e-mail AGRI-HORT-SCHOOLFRUIT@ec.europa.eu;

                           (b)

                           the details and findings of the on-the-spot checks carried out pursuant to Articles 13 and 16 to e-mail AGRI-J2@ec.europa.eu.‧.

         Article 2
   Correction of Regulation (EC) No 288/2009
   In Article 3(5) the second sentence is replaced by the following:
   "If they choose to implement more than one scheme, they shall draw up a strategy for each scheme."
   Article 3
   Entry into force and application
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 August 2011.

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

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 94, 8.4.2009, p. 38.


title: Commission Implementing Regulation (EU) No 347/2011 of 8 April 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

text:
               9.4.2011

               EN

               Official Journal of the European Union

               L 96/21

         COMMISSION IMPLEMENTING REGULATION (EU) No 347/2011
   of 8 April 2011
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 340/2011 (4).

               (2)

               The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11, marketing year, are hereby amended as set out in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 9 April 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 April 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  OJ L 259, 1.10.2010, p. 3.

      (4)  OJ L 94, 8.4.2011, p. 25.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 9 April 2011

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 11 10 (1)

                  49,18

                  0,00

                  1701 11 90 (1)

                  49,18

                  0,15

                  1701 12 10 (1)

                  49,18

                  0,00

                  1701 12 90 (1)

                  49,18

                  0,00

                  1701 91 00 (2)

                  49,96

                  2,48

                  1701 99 10 (2)

                  49,96

                  0,00

                  1701 99 90 (2)

                  49,96

                  0,00

                  1702 90 95 (3)

                  0,50

                  0,22

         (1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

         (2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

         (3)  Per 1 % sucrose content.


title: Commission Implementing Regulation (EU) No 561/2011 of 10 June 2011 closing the sale provided for in Regulation (EU) No 447/2010 opening the sale of skimmed milk powder by a tendering procedure

text:
               11.6.2011

               EN

               Official Journal of the European Union

               L 152/23

         COMMISSION IMPLEMENTING REGULATION (EU) No 561/2011
   of 10 June 2011
   closing the sale provided for in Regulation (EU) No 447/2010 opening the sale of skimmed milk powder by a tendering procedure
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43(j), in conjunction of Article 4 thereof,
   Whereas:

               (1)

               Sales by a tendering procedure of skimmed milk powder were open by Commission Regulation (EU) No 447/2010 (2) in accordance with the Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (3).

               (2)

               In respect of the 2012 food distribution plan, the overall quantities of skimmed milk powder requested by Member States in accordance with Article 1(2)(a) of Commission Regulation (EU) No 807/2010 of 14 September 2010 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Union (4) exceed the currently available quantity. It is therefore appropriate to reserve all remaining quantity of skimmed milk powder in intervention stocks.

               (3)

               The sales by a tendering procedure of skimmed milk powder opened by Article 1 of Regulation (EU) No 447/2010 should therefore be closed and that Regulation should be repealed. Consequently, the offers received by the intervention agencies of the Member States from 17 May 2011 from 11.00 (Brussels time) have become devoid of purpose.

               (4)

               In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The sales by a tendering procedure of skimmed milk powder, opened by Article 1 of Regulation (EU) No 447/2010, are closed.
   Article 2
   Regulation (EU) No 447/2010 is repealed.
   Article 3
   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, 10 June 2011.

            For the Commission, On behalf of the President,
         Dacian CIOLOŞ

            Member of the Commission

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

      (2)  OJ L 126, 22.5.2010, p. 19.

      (3)  OJ L 349, 29.12.2009, p.1.

      (4)  OJ L 242, 15.9.2010, p. 9.


title: Commission Implementing Regulation (EU) 2015/1899 of 21 October 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               22.10.2015

               EN

               Official Journal of the European Union

               L 277/15

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1899
   of 21 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, 21 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

                  40,5

                  MA

                  115,6

                  MK

                  60,3

                  TR

                  95,4

                  ZZ

                  78,0

                  0707 00 05

                  AL

                  38,5

                  MK

                  46,1

                  TR

                  112,1

                  ZZ

                  65,6

                  0709 93 10

                  MA

                  107,9

                  TR

                  143,0

                  ZZ

                  125,5

                  0805 50 10

                  AR

                  152,4

                  TR

                  101,4

                  UY

                  74,0

                  ZA

                  148,6

                  ZZ

                  119,1

                  0806 10 10

                  BR

                  249,3

                  EG

                  199,4

                  MK

                  96,9

                  PE

                  73,3

                  TR

                  167,2

                  ZZ

                  157,2

                  0808 10 80

                  AR

                  124,2

                  CL

                  121,6

                  NZ

                  137,0

                  US

                  120,3

                  ZA

                  157,5

                  ZZ

                  132,1

                  0808 30 90

                  TR

                  133,5

                  XS

                  96,6

                  ZZ

                  115,1

         (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’.