title: Commission Implementing Regulation (EU) No 695/2014 of 23 June 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               24.6.2014

               EN

               Official Journal of the European Union

               L 183/21

         COMMISSION IMPLEMENTING REGULATION (EU) No 695/2014
   of 23 June 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 23 June 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MK

                  75,1

                  TR

                  61,5

                  ZZ

                  68,3

                  0707 00 05

                  MK

                  50,7

                  TR

                  85,3

                  ZZ

                  68,0

                  0709 93 10

                  TR

                  109,5

                  ZZ

                  109,5

                  0805 50 10

                  AR

                  109,3

                  BO

                  119,0

                  TR

                  141,7

                  ZA

                  123,1

                  ZZ

                  123,3

                  0808 10 80

                  AR

                  103,0

                  BR

                  76,7

                  CL

                  99,2

                  CN

                  130,3

                  NZ

                  130,7

                  US

                  223,4

                  ZA

                  120,8

                  ZZ

                  126,3

                  0809 10 00

                  TR

                  249,2

                  ZZ

                  249,2

                  0809 29 00

                  TR

                  310,3

                  ZZ

                  310,3

                  0809 30

                  MK

                  87,8

                  ZZ

                  87,8

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


title: Commission Implementing Regulation (EU) No 959/2013 of 7 October 2013 amending Regulation (EU) No 1291/2009 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings

text:
               8.10.2013

               EN

               Official Journal of the European Union

               L 265/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 959/2013
   of 7 October 2013
   amending Regulation (EU) No 1291/2009 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community (1), and in particular Articles 5(4) and 7(2) thereof,
   Whereas:

               (1)

               Article 2 of Commission Regulation (EU) No 1291/2009 (2) sets the thresholds for the economic size of agricultural holdings and the Annex to that Regulation fixes the number of returning holdings per division. By reason of the accession of Croatia, the threshold as well as the number of returning holdings for that new Member State should be fixed.

               (2)

               In addition, the date by which Croatia is to forward its first plan for the selection of returning holdings to the Commission needs to be laid down.

               (3)

               Structural change in Italy has led to a decrease in the number of the smallest holdings and in their contribution to the total output of agriculture, implying that those holdings do no longer need to be taken into account for the field of survey with a view to covering the most relevant part of the agricultural activity. In order to guarantee a more efficient representativeness of the Italian sample, the threshold for Italy should be adapted and the number of farms adjusted.

               (4)

               Regulation (EU) No 1291/2009 should therefore be amended accordingly.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EU) No 1291/2009 is amended as follows:

               (1)

               Article 2 is amended as follows:

                           (a)

                           between the indents concerning France and Italy, the following indent is inserted:

                                       ‘—

                                       :

                                       Croatia

                                       :

                                       EUR 4 000’

                           (b)

                           the indent concerning Italy is replaced by the following:

                                       ‘—

                                       :

                                       Italy

                                       :

                                       EUR 8 000’

               (2)

               In the second paragraph of Article 5, the following sentence is added:
               ‘For the accounting year 2013 Croatia shall notify the Commission of its selection plan by 31 October 2013.’

               (3)

               The Annex is amended in accordance with the Annex to this Regulation.

         Article 2
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   For Croatia, it shall apply from the 2013 accounting year.
   For Italy, it shall apply from the 2014 accounting year.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 October 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 328, 15.12.2009, p. 27.

      (2)  Commission Regulation (EU) No 1291/2009 of 18 December 2009 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings (OJ L 347, 24.12.2009, p. 14).

      ANNEX

                  (1)

                  In the Annex to Regulation (EU) No 1291/2009, the following row is inserted between the rows for France and Italy:

                              ‘860

                              CROATIA

                              1 251’

                  (2)

                  The rows concerning Italy are replaced by the following:

                              ‘ITALY

                              221

                              Valle D’Aosta

                              170

                              222

                              Piemonte

                              594

                              230

                              Lombardia

                              717

                              241

                              Trento

                              282

                              242

                              Bolzano

                              338

                              243

                              Veneto

                              707

                              244

                              Friuli

                              451

                              250

                              Liguria

                              431

                              260

                              Emilia Romagna

                              873

                              270

                              Toscana

                              577

                              281

                              Marche

                              452

                              282

                              Umbria

                              460

                              291

                              Lazio

                              587

                              292

                              Abruzzo

                              572

                              301

                              Molise

                              342

                              302

                              Campania

                              667

                              303

                              Calabria

                              510

                              311

                              Puglia

                              723

                              312

                              Basilicata

                              400

                              320

                              Sicilia

                              706

                              330

                              Sardegna

                              547

                              Total Italy

                              11 106’


title: Commission Implementing Regulation (EU) No 873/2014 of 8 August 2014 concerning the classification of certain goods in the Combined Nomenclature

text:
               13.8.2014

               EN

               Official Journal of the European Union

               L 240/2

         COMMISSION IMPLEMENTING REGULATION (EU) No 873/2014
   of 8 August 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, 8 August 2014.

            For the Commission,

            On behalf of the President,

         Martine REICHERTS

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

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

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                              1.

                              An article consisting of a round part with a diameter of approximately 15 cm and a tube-like extension, approximately 20 cm long.
                              On the upper side of the article is a circular hole allowing the inflow of air. The bottom side has a plastic valve towards the end of the extension.
                              The outer surface is made of two parts of textile material coated on the inner side and glued together.
                              On the inside, there is a round cylinder of plastic foam with a cut-out in the middle.
                              By covering the circular hole on the upper side and exerting pressure, the air is transported via the extension and the valve to inflate a specific air mattress.
                              The article is presented as a mini-pump.
                              (See photograph A) (1)

                  8414 20 80

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature (GIR) and the wording of CN codes 8414, 8414 20 and 8414 20 80.
                  Given its objective characteristics, the article is a hand-operated air pump, which is operated solely by human effort. Hand-operated pumps which are operated solely by human effort and which are designed to inflate specific air mattresses, fall under subheadings 8414 20 20 and 8414 20 80 (see also the Explanatory Notes to the Combined Nomenclature (CNEN), subheadings 8414 20 20 and 8414 20 80).
                  The article is therefore to be classified under CN code 8414 20 80 as other hand-operated air pumps.

                              2.

                              A kidney-shaped article (measuring approximately 35 cm × 17 cm), with a tube-like extension (approximately 25 cm long) which has three valves.
                              On the bottom of the article there is a valve allowing the inflow of air. The upper side has two plastic valves towards the end of the extension, situated side by side.
                              The outer surface is made of two parts of textile material coated on the inner side and glued together.
                              On the inside, there is an oval-shaped piece of plastic foam with a cut-out. This cut-out is fitted with a valve on the bottom.
                              By covering the valve on the bottom side and exerting pressure, the air is transported via the extension and the outermost valve to inflate a specific air mattress.
                              The article is presented as a mini-pump. It can also be used as a pillow as by inserting one of the valves on the extension into the other, the article is prevented from deflating.
                              (See photograph B) (1)

                  8414 20 80

                  Classification is determined by GIR 1, 3(c) and 6 and the wording of CN code 8414, 8414 20 and 8414 20 80.
                  On the one hand, the article is an inflatable pillow and, as such, is camping goods covered by heading 6306 (see also the Harmonised System Explanatory Notes to heading 6306 (5)). On the other hand, the article is also a hand-operated air pump operated solely by human effort and designed to inflate a specific air mattress which as such is covered by heading 8414 (see also the CNEN to subheadings 8414 20 20 and 8414 20 80).
                  Since neither of the two headings is more specific than the other within the meaning of GIR 3(a) and since the article cannot be classified by reference to GIR 3(b), it shall be classified under the heading which occurs last in numerical order among the two headings (6306 and 8414) which equally merit consideration within the meaning of GIR 3(c).
                  The article is therefore to be classified under CN code 8414 20 80 as other hand-operated air pumps.

                  Photograph A

                  Photograph B

         (1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2017/493 of 21 March 2017 on the release of securities in relation to Union import tariff quotas for poultrymeat originating in Ukraine managed by Implementing Regulation (EU) 2015/2078

text:
               22.3.2017

               EN

               Official Journal of the European Union

               L 76/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/493
   of 21 March 2017
   on the release of securities in relation to Union import tariff quotas for poultrymeat originating in Ukraine managed by Implementing Regulation (EU) 2015/2078
   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 points (a), (c) and (d) of Article 187 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) 2015/2078 (2) opens and provides for the administration of Union tariff quotas for poultrymeat originating in Ukraine.

               (2)

               Following the confirmation of highly pathogenic avian influenza (HPAI) in poultry on the Ukrainian territory on 30 November 2016 and according to the requirements for countries to be considered free of HPAI as laid down in Article 9 of Commission Regulation (EC) No 798/2008 (3), the Ukraine territory could not be considered free from that disease. As a consequence, the Ukrainian authorities were not able to issue the veterinary certificates necessary for the export of poultry and poultry products to the Union.

               (3)

               On the basis of information submitted by Ukraine, Commission Implementing Regulation (EU) 2017/193 (4) amended, inter alia, Regulation (EC) No 798/2008 in order to limit the restrictions on the introduction into the Union of consignments of poultry and poultry products to only those areas in Ukraine affected by HPAI. Therefore, the Ukrainian authorities have been able to issue veterinary certificates for the export to the Union of poultry and poultry products from the areas not affected by HPAI since 7 February 2017.

               (4)

               As a consequence, operators that had obtained import rights and import licenses for the importation of poultrymeat within the import tariff quotas referred to in Implementing Regulation (EU) 2015/2078 for the tariff quota period from 1 January to 31 December 2016 were unable to source the products from 30 November 2016 until 31 December 2016. In addition, operators that had obtained import rights for the tariff quota subperiod from 1 January to 31 March 2017 would have difficulties sourcing the products, given the impossibility to import until after 7 February 2017 and the fact that restrictions for certain areas in Ukraine remain in place.

               (5)

               Consequently, it is necessary to provide that, under certain conditions, the securities lodged in relation to those import rights and to the subsequent import licenses that were not used by 31 December 2016 and in relation to those import rights that were not used by 31 December 2017 should be released.

               (6)

               As this measure may concern securities lodged at the end of 2015 or early 2016, operators should be able to request the release as soon as possible. This Regulation should therefore enter into force on the day following that of its publication.

               (7)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Release of securities related to the period from 1 January to 31 December 2016
   1.   At the request of the operators concerned, the securities related to import rights and import licenses lodged pursuant to Articles 3(2) and 4(4) of Implementing Regulation (EU) 2015/2078, respectively, shall be released under the condition that the import rights or licenses have been used only partially or not at all by 31 December 2016.
   2.   The securities referred to in paragraph 1 shall be released proportionally to the import rights and licenses which have not been used by 31 December 2016.
   Article 2
   Release of securities related to the period from 1 January to 31 December 2017
   1.   At the request of the operators concerned, the securities related to imports rights granted in relation to the subperiod from 1 January to 31 March 2017, lodged pursuant to Article 3(2) of Implementing Regulation (EU) 2015/2078 shall be released under the condition that the import rights have been used only partially or not at all by 31 December 2017.
   2.   The securities referred to in paragraph 1 shall be released proportionally to the import rights which have not been used by 31 December 2017.
   Article 3
   Entry into force
   This Regulation shall enter into force on the 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 March 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Commission Implementing Regulation (EU) 2015/2078 of 18 November 2015 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine (OJ L 302, 19.11.2015, p. 63).

      (3)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).

      (4)  Commission Implementing Regulation (EU) 2017/193 of 3 February 2017 amending Annex II to Decision 2007/777/EC and Annex I to Regulation (EC) No 798/2008 as regards the entries for Ukraine in the lists of third countries from which the introduction of certain commodities into the Union is authorised in relation to highly pathogenic avian influenza (OJ L 31, 4.2.2017, p. 13).


title: Council Implementing Regulation (EU) 2015/2350 of 16 December 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

text:
               17.12.2015

               EN

               Official Journal of the European Union

               L 331/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2015/2350
   of 16 December 2015
   implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
   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 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 January 2012, the Council adopted Regulation (EU) No 36/2012.

               (2)

               One person and two entities should no longer be kept on the list of natural and legal persons, entities or bodies subject to restrictive measures set out in Annex II to Regulation (EU) No 36/2012.

               (3)

               Regulation (EU) No 36/2012 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 December 2015.

            For the Council

            The President

         C. DIESCHBOURG

      (1)  OJ L 16, 19.1.2012, p. 1.

      ANNEX
      The person and two entities listed below, as well as their related entries, are hereby deleted from the list set out in Annex II to Regulation (EU) No 36/2012:
      A.   Persons
      No 205 Samir Hamsho
      B.   Entities
      No 68. Syria Steel SA
      No 69. Al Buroj Trading


title: Commission Implementing Regulation (EU) No 1079/2012 of 16 November 2012 laying down requirements for voice channels spacing for the single European sky  Text with EEA relevance

text:
               17.11.2012

               EN

               Official Journal of the European Union

               L 320/14

         COMMISSION IMPLEMENTING REGULATION (EU) No 1079/2012
   of 16 November 2012
   laying down requirements for voice channels spacing for the single European sky
   (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 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the interoperability Regulation) (1), and in particular Article 3(5) thereof,
   Whereas:

               (1)

               The Commission has issued a mandate to Eurocontrol in accordance with Article 8(1) of Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2) to develop requirements for the coordinated introduction of air-ground voice communications based on 8,33 kHz channel spacing. This Regulation is based on the resulting mandate report of 12 July 2011.

               (2)

               The first phase of the mandate led to the adoption of Commission Regulation (EC) No 1265/2007 of 26 October 2007 laying down requirements on air-ground voice channel spacing for the single European sky (3) which aimed at the coordinated introduction of air-ground voice communications based on 8,33 kHz channel spacing in the airspace above Flight Level (FL) 195.

               (3)

               Specific provisions of Regulation (EC) No 1265/2007, mainly regarding procedures, were already applicable in the airspace below FL 195.

               (4)

               Previous conversions to 8,33 kHz channel spacing above FL 195 have reduced frequency congestion, but have not eliminated it. Many Member States find it increasingly difficult to satisfy the demand for new frequency assignments in the aeronautical mobile route service band 117,975-137 MHz (‘the VHF band’).

               (5)

               The only realistic option to resolve the medium to long-term congestion problem in the VHF band is the further deployment of air-ground voice communications based on 8,33 kHz channel spacing.

               (6)

               Inability to meet future demand for frequency assignments will delay or make impossible airspace improvements to increase capacity and will lead to increase in delays entailing significant costs.

               (7)

               The Network Manager set up by Commission Regulation (EU) No 677/2011 of 7 July 2011 laying down detailed rules for the implementation of air traffic management (ATM) network functions and amending Regulation (EU) No 691/2010 (4) coordinates and harmonises the processes and procedures to enhance the efficiency of aeronautical frequency management. It also coordinates the early identification of needs and resolution of frequency problems.

               (8)

               Harmonised frequency use in the entire European airspace under Member States responsibility for specific applications will further optimise the use of limited radio spectrum resources. Therefore the 8,33 kHz channel spacing conversion of frequencies should take into account the possible actions of the Network Manager for harmonised frequency use mainly by general aviation for air-to-air communications purposes and for specific applications related to general aviation activities.

               (9)

               The investment made as a result of Regulation (EC) No 1265/2007 has substantially reduced the cost of deployment of 8,33 kHz channel spacing in the airspace below FL 195 for air navigation service providers and for operators flying above FL 195.

               (10)

               The requirements for general aviation aircraft operating under visual flight rules to be equipped with radios with 8,33 kHz channel spacing capability will impose a considerable cost with limited operational benefits for those aircraft.

               (11)

               The European Organisation for Civil Aviation Equipment (Eurocae) specification ED-23B should be considered as sufficient means of compliance with regard to the capabilities of the airborne equipment.

               (12)

               Airborne equipment compliant with the Eurocae specification ED-23C provides improved communications characteristics. It should therefore be considered as the preferred option to ED-23B whenever possible.

               (13)

               The arrangements for State aircraft should take into account their specific constraints with appropriate implementation dates.

               (14)

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

               (15)

               Member States which apply North Atlantic Treaty Organisation (‘NATO’) combined frequency requirements should maintain the 122,1 MHz frequency in 25 kHz channel spacing for the accommodation of State aircraft not equipped with radios with 8,33 kHz channel spacing capability, until a suitable alternative is found.

               (16)

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

               (17)

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

               (18)

               The level of maturity of the market for the constituents to which this Regulation applies is such that their conformity or suitability for use can be assessed through internal production control, using procedures based on Module A in Annex II to Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (5).

               (19)

               For reasons of clarity, Regulation (EC) No 1265/2007 should be repealed.

               (20)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter
   This Regulation lays down requirements for the coordinated introduction of air-ground voice communications based on 8,33 kHz channel spacing.
   Article 2
   Scope
   1.   This Regulation shall apply to all radios operating in the 117,975-137 MHz band (‘the VHF band’) allocated to the aeronautical mobile route service, including systems, their constituents and associated procedures.
   2.   This Regulation shall apply to flight data processing systems serving air traffic control units providing services to general air traffic, their constituents and associated procedures.
   3.   This Regulation shall apply to all flights operating as general air traffic, within the airspace of the International Civil Aviation Organisation (‘ICAO’) EUR region where Member States are responsible for the provision of air traffic services in accordance with Regulation (EC) No 550/2004 of the European Parliament and of the Council (6).
   4.   The conversion requirements shall not apply to frequency assignments:

               (a)

               that will remain in 25 kHz channel spacing on the following frequencies:

                           (i)

                           the emergency frequency (121,5 MHz);

                           (ii)

                           the auxiliary frequency for search and rescue operations (123,1 MHz);

                           (iii)

                           the VHF digital link (VDL) frequencies (136,725 MHz, 136,775 MHz, 136,825 MHz, 136,875 MHz, 136,925 MHz and 136,975 MHz);

                           (iv)

                           the aircraft communications addressing and reporting system (ACARS) frequencies (131,525 MHz, 131,725 MHz and 131,825 MHz);

               (b)

               where offset carrier operation within a 25 kHz channel spacing is utilised.

         5.   Radios intended to operate exclusively in one or more frequency assignments that will remain in 25 kHz channel spacing shall not be required to have the 8,33 kHz channel spacing capability.
   Article 3
   Definitions
   For the purpose of this Regulation, the definitions set out in Article 2 of Regulation (EC) No 549/2004 shall apply. The following definitions shall also apply:

               (1)

               ‘channel’ means a numerical designator used in conjunction with voice communication equipment tuning, which allows unique identification of the applicable radio frequency and associated channel spacing;

               (2)

               ‘8,33 kHz channel spacing’ means a channel spacing where the nominal channel centre frequencies are separated in increments of 8,33 kHz;

               (3)

               ‘radio’ means any installed, portable or handheld device designed to transmit and/or receive transmissions in the VHF band;

               (4)

               ‘central register’ means a register where the national frequency manager registers the necessary operational, technical and administrative details for each frequency assignment in accordance with Regulation (EU) No 677/2011;

               (5)

               ‘8,33 kHz conversion’ means the replacement of a frequency assignment registered in the central register and using 25 kHz channel spacing by a frequency assignment using 8,33 kHz channel spacing;

               (6)

               ‘frequency assignment’ means authorisation given by a Member State to use a radio frequency or radio frequency channel under specified conditions for the purpose of operating radio equipment;

               (7)

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

               (8)

               ‘flights operated under visual flight rules’ means any flights operated under visual flight rules as defined in Annex 2 to the 1944 Chicago Convention on International Civil Aviation (‘the Chicago Convention’);

               (9)

               ‘State aircraft’ means any aircraft used by military, customs or police;

               (10)

               ‘offset carrier operation’ means a case where the designated operational coverage cannot be ensured by a single ground transmitter and where, in order to minimise the interference problems, the signals from two or more ground transmitters are offset from the nominal channel centre frequency;

               (11)

               ‘aircraft radio equipment’ means one or more radios located on board an aircraft and used by an authorised flight crew member during flight;

               (12)

               ‘radio upgrade’ means the replacement of a radio by a radio of a different model or part number;

               (13)

               ‘designated operational coverage’ means the volume of airspace in which a particular service is provided and in which the service is afforded frequency protection;

               (14)

               ‘air traffic control unit’ (‘ATC unit’) means area control centre, approach control unit or aerodrome control tower;

               (15)

               ‘working position’ means the furniture and technical equipment at which a member of the air traffic services (‘ATS’) staff undertakes the tasks associated with his operational responsibilities;

               (16)

               ‘radio-telephony’ means a form of radio-communication primarily intended for the exchange of information in the form of speech;

               (17)

               ‘letter of agreement’ means an agreement between two adjacent ATS units that specifies how their respective ATS responsibilities are to be coordinated;

               (18)

               ‘Integrated Initial Flight Plan Processing System’ (‘IFPS’) means a system within the European Air Traffic Management Network through which a centralised flight planning processing and distribution service, dealing with the reception, validation and distribution of flight plans, is provided within the airspace covered by this Regulation;

               (19)

               ‘transport-type State aircraft’ means fixed wing State aircraft that are designed for the purpose of transporting persons and/or cargo;

               (20)

               ‘airport operator’ means the managing body of an airport as defined in Council Regulation (EEC) No 95/93 (7);

               (21)

               ‘operational control communication’ means communication carried out by aircraft operators, which also affect air transport safety, regularity and efficiency of flights.

         Article 4
   Interoperability and performance requirements of radio equipment
   1.   Manufacturers of radios intended to operate in the VHF band, or their authorised representatives established in the Union, shall ensure that from 17 November 2013 all radios placed on the market, are 8,33 kHz channel spacing capable.
   2.   Air navigation service providers, operators and other users or owners of radios shall ensure that all radio equipment put into service from 17 November 2013, includes the 8,33 kHz channel spacing capability.
   3.   Member States shall ensure that aircraft for which the individual certificates of airworthiness or individual flight permits are first issued in the Union from 17 November 2013 and have a radio equipage requirement, are fitted with radios having the 8,33 kHz channel spacing capability.
   4.   Air navigation service providers, operators and other users or owners of radios shall ensure that from 17 November 2013 their radios include the 8,33 kHz channel spacing capability whenever they are subject to radio upgrades.
   5.   Member States shall ensure that by 31 December 2017 at the latest all radios have the 8,33 kHz channel spacing capability with the exception of ground radios operated by air navigation service providers.
   6.   In addition to 8,33 kHz channel spacing capability, the equipment referred to in paragraphs 1-5 shall be able to tune to 25 kHz spaced channels.
   7.   Users or owners of ground radios having the 8,33 kHz channel spacing capability shall ensure that the performance of these radios and the transmitter/receiver ground constituent complies with the ICAO standards specified in point 1 of Annex II.
   8.   Users or owners of aircraft radio equipment having the 8,33 kHz channel spacing capability shall ensure that the performance of these radios comply with the ICAO standards specified in point 2 of Annex II.
   Article 5
   Obligations of operators
   1.   An operator shall not operate an aircraft above FL 195 unless the aircraft radio equipment has the 8,33 kHz channel spacing capability.
   2.   From 1 January 2014 an operator shall not operate an aircraft flying under instrument flight rules in airspace class A, B or C of the Member States listed in Annex I unless the aircraft radio equipment has the 8,33 kHz channel spacing capability.
   3.   With regard to the carriage requirements of 8,33 kHz channel spacing radio equipment identified in paragraph 2, an operator shall not operate an aircraft flying under visual flight rules in areas operating in 8,33 kHz channel spacing unless the aircraft radio equipment has the 8,33 kHz channel spacing capability.
   4.   Without prejudice to Article 2(5), from 1 January 2018 an operator shall not operate an aircraft in airspace where carriage of radio is required unless the aircraft radio equipment has the 8,33 kHz channel spacing capability.
   Article 6
   Requirements on 8,33 kHz conversions
   1.   Member States shall ensure that for sectors with a lower level at or above FL 195 all voice frequency assignments are converted to 8,33 kHz channel spacing.
   2.   If under exceptional circumstances it is not possible to comply with paragraph 1, Member States shall communicate the reasons to the Commission.
   3.   Member States listed in Annex I shall implement, by 31 December 2014 at the latest, a number of new 8,33 kHz channel spacing conversions equivalent to at least 25 % of the total number of the 25 kHz frequency assignments in the central register and allocated to a specific area control centre (‘ACC’) in a Member State. These conversions shall not be limited to ACC frequency assignments and shall not include operational control communication frequency assignments.
   4.   The total number of State 25 kHz ACC frequency assignments identified in paragraph 3 shall not take into account:

               (a)

               frequency assignments where 25 kHz offset carrier operation is utilised;

               (b)

               frequency assignments that stay in 25 kHz as a result of a safety requirement;

               (c)

               25 kHz frequency assignments used to accommodate State aircraft.

         5.   Member States listed in Annex I shall communicate to the Commission, by 31 December 2013 at the latest, the number of conversions which can be achieved pursuant to paragraph 3.
   6.   If the 25 % target identified in paragraphs 3 and 4 cannot be achieved, the Member State shall provide, in its communication to the Commission, the justification for not having achieved the 25 % target and shall propose an alternative date by when those conversions shall be performed.
   7.   The communication to the Commission shall also identify the frequency assignments for which conversion is not feasible and shall state the reasons why the conversion is not feasible.
   8.   Member States listed in Annex I shall ensure that from 1 January 2015, all operational control communication frequency assignments in the central register are 8,33 kHz channel spacing frequency assignments.
   9.   Where, due to technical reasons, compliance with paragraph 8 can not be ensured, the Member States shall communicate to the Commission, by 31 December 2014 at the latest, the operational control communication frequency assignments which will not be converted and shall provide the justification for not making the conversions.
   10.   Member States shall ensure that, by 31 December 2018 at the latest, all frequency assignments are converted to 8,33 kHz channel spacing with the exception of:

               (a)

               frequency assignments that stay in 25 kHz as a result of a safety requirement;

               (b)

               25 kHz frequency assignments used to accommodate State aircraft.

         Article 7
   Obligations of air navigation service providers
   1.   Air navigation service providers shall ensure that their 8,33 kHz channel spacing voice communication systems allow an operationally acceptable voice communication between controllers and pilots within the designated operational coverage.
   2.   Air navigation service providers shall implement the notification and initial coordination processes in their flight data processing systems in accordance with Commission Regulation (EC) No 1032/2006 (8) as follows:

               (a)

               the information about the 8,33 kHz channel spacing capability of a flight shall be transmitted between ATC units;

               (b)

               the information about the 8,33 kHz channel spacing capability of a flight shall be made available at the appropriate working position;

               (c)

               the controller shall have the means to modify the information about the 8,33 kHz channel spacing capability of a flight.

         Article 8
   Associated procedures
   1.   Air navigation service providers, operators and other users of radios shall ensure that all six digits of the numerical designator are used to identify the transmitting channel in radio-telephony communications, except where both the fifth and sixth digits are zeros, in which case only the first four digits shall be used.
   2.   Air navigation service providers, operators and other users of radios shall ensure that their air-ground voice communication procedures are in accordance with the ICAO provisions specified in point 3 of Annex II.
   3.   Air navigation service providers shall ensure that the procedures applicable to aircraft equipped with radios having the 8,33 kHz channel spacing capability and to aircraft which are not equipped with such equipment are specified in the letters of agreement between ATS units.
   4.   All operators and agents acting on their behalf shall ensure that the letter Y is inserted in item 10 of the flight plan for aircraft equipped with radios having the 8,33 kHz channel spacing capability.
   5.   Operators and agents acting on their behalf shall ensure that when planning to fly in airspace requiring the carriage of radios with the 8,33 kHz channel spacing capability, the appropriate indicator is included in the flight plan for aircraft not equipped but which have been granted exemption from the mandatory carriage of equipment.
   6.   In the case of a change in the 8,33 kHz channel spacing capability status for a flight, the operators or the agents acting on their behalf shall send a modification message to IFPS with the appropriate indicator inserted in the relevant item.
   7.   The Network Manager shall ensure that IFPS processes and distributes the information on the 8,33 kHz channel spacing capability received in the flight plans.
   Article 9
   Arrangements for State aircraft
   1.   Member States shall ensure that transport-type State aircraft operating flights above FL 195 are equipped with radios having the 8,33 kHz channel spacing capability.
   2.   Where procurement constraints prevent compliance with paragraph 1, Member States shall ensure that transport-type State aircraft operating flights above FL 195 are equipped with radios having the 8,33 kHz channel spacing capability by 31 December 2012 at the latest.
   3.   Member States shall ensure that non-transport-type State aircraft operating flights above FL 195 are equipped with radios having the 8,33 kHz channel spacing capability.
   4.   Member States may allow non-compliance with paragraph 3 due to:

               (a)

               compelling technical or budgetary constraints;

               (b)

               procurement constraints.

         5.   When procurement constraints prevent compliance with paragraph 3, Member States shall ensure that non-transport-type State aircraft operating flights above FL 195 are equipped with radios having the 8,33 kHz channel spacing capability by 31 December 2015 at the latest.
   6.   Member States shall ensure that new State aircraft entering into service from 1 January 2014 are equipped with radios having the 8,33 kHz channel spacing capability.
   7.   Member States shall ensure that from 1 January 2014, whenever the radios installed on-board the State aircraft are subject to radio upgrades, the new radios have the 8,33 kHz channel spacing capability.
   8.   Member States shall ensure that all State aircraft are equipped with radios having the 8,33 kHz channel spacing capability by 31 December 2018 at the latest.
   9.   Without prejudice to national procedures for the communication of information on State aircraft, Member States shall communicate to the Commission by 30 June 2018 at the latest the list of State aircraft that cannot be equipped with radios having the 8,33 kHz channel spacing capability in accordance with paragraph 8 due to:

               (a)

               compelling technical or budgetary constraints;

               (b)

               procurement constraints.

         10.   Where procurement constraints prevent compliance with paragraph 8, Member States shall also provide to the Commission by 30 June 2018 at the latest the date by which the aircraft concerned will be equipped with radios having the 8,33 kHz channel spacing capability. That date shall not be later than 31 December 2020.
   11.   Paragraph 8 shall not apply in respect of State aircraft that will be withdrawn from operational service by 31 December 2025.
   12.   Air traffic service providers shall ensure that State aircraft not equipped with radios having the 8,33 kHz channel spacing capability can be accommodated, provided that they can be safely handled within the capacity limits of the air traffic management system on UHF or 25 kHz frequency assignments.
   13.   Member States shall publish procedures for the handling of State aircraft which are not equipped with radios having the 8,33 kHz channel spacing capability in their national aeronautical information publications.
   14.   Air traffic service providers shall communicate to the Member State that has designated them on an annual basis, their plans for the handling of State aircraft which are not equipped with radios having the 8,33 kHz channel spacing capability, taking into account the capacity limits associated with the procedures referred to in paragraph 13.
   Article 10
   Safety requirements
   Member States shall take the necessary measures to ensure that any changes to the existing systems referred to in Article 2(1) or the introduction of new systems, are preceded by a safety assessment, including hazard identification, risk assessment and mitigation, conducted by the parties concerned. During this safety assessment, the requirements specified in Annex III shall be taken into consideration as a minimum.
   Article 11
   Conformity or suitability for use of constituents
   1.   Before issuing an EC declaration of conformity or suitability for use pursuant to Article 5 of Regulation (EC) No 552/2004, manufacturers of constituents of the systems referred to in Article 2(1) of this Regulation shall assess the conformity or suitability for use of these constituents in compliance with the requirements set out in Annex IV, Part A, to this Regulation.
   2.   Where a certificate issued in accordance with Regulation (EC) No 216/2008 of the European Parliament and of the Council (9) applies to constituents, it shall be considered as an EC declaration of conformity or suitability for use if it includes a demonstration of compliance with the applicable interoperability, performance and safety requirements of this Regulation.
   Article 12
   Verification of systems
   1.   Air navigation service providers which can demonstrate or have demonstrated to their national supervisory authority that they fulfil the conditions set out in Annex V shall conduct a verification of the systems referred to in Article 2(1) in compliance with the requirements set out in Annex IV, Part C.
   2.   Air navigation service providers which cannot demonstrate that they fulfil the conditions set out in Annex V shall subcontract to a notified body a verification of the systems referred to in Article 2(1). The verification shall be conducted in compliance with the requirements set out in Annex IV, Part D.
   3.   Where a certificate issued in accordance with Regulation (EC) No 216/2008 applies to systems, it shall be considered as an EC declaration of verification if it includes a demonstration of compliance with the applicable interoperability, performance and safety requirements of this Regulation.
   Article 13
   Additional requirements
   1.   Member States shall ensure that all relevant stakeholders are made duly aware of the requirements laid down in this Regulation and that they are adequately trained for their job functions.
   2.   The Network Manager shall ensure that the personnel operating the IFPS involved in flight planning are made duly aware of the requirements laid down in this Regulation and that they are adequately trained for their job functions.
   3.   Air navigation service providers shall:

               (a)

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

               (b)

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

               (c)

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

         4.   The Network Manager shall ensure that the centralised flight planning processing and distribution service:

               (a)

               develops and maintains operations manuals containing the necessary instructions and information to enable all relevant personnel to apply this Regulation;

               (b)

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

               (c)

               ensures that its working methods and operating procedures comply with this Regulation.

         5.   Operators shall ensure that the personnel operating radio equipment are made duly aware of this Regulation, that they are adequately trained to use this equipment and that instructions are available in the cockpit where feasible.
   6.   Member States shall take the necessary measures to ensure compliance with this Regulation including the publication of relevant information in the national aeronautical information publications.
   Article 14
   Exemptions
   1.   In the framework of the first paragraph of Article 4 of Commission Regulation (EC) No 730/2006 (10), Member States may issue temporary derogations from airborne carriage obligations laid down in Article 5(1) of this Regulation for flights operated under visual flight rules.
   2.   Member States may take local measures granting exemptions from the compliance with Articles 4(5), 5(4) and 6(10) for cases having limited impact on the network.
   3.   Member States taking the local measures referred to in paragraph 2, shall provide the Commission with detailed information justifying the need for exemptions at the latest: one year before the dates identified in Articles 4(5), 5(4) and 6(10).
   4.   Within six months from receipt of detailed information from the Member States pursuant to paragraph 3 and after consultation with the Network Manager, the Commission may review any exemption granted pursuant to paragraph 2 if the impact on the network is not limited.
   Article 15
   Repeal
   Regulation (EC) No 1265/2007 is repealed.
   Article 16
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 November 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 96, 31.3.2004, p. 26.

      (2)  OJ L 96, 31.3.2004, p. 1.

      (3)  OJ L 283, 27.10.2007, p. 25.

      (4)  OJ L 185, 15.7.2011, p. 1.

      (5)  OJ L 218, 13.8.2008, p. 82.

      (6)  OJ L 96, 31.3.2004, p. 10.

      (7)  OJ L 14, 22.1.1993, p. 1.

      (8)  OJ L 186, 7.7.2006, p. 27.

      (9)  OJ L 79, 19.3.2008, p. 1.

      (10)  OJ L 128, 16.5.2006, p. 3.

      ANNEX I

         Member States referred to in Articles 5 and 6

      The Member States referred to in Articles 5(2), 6(3), 6(5) and 6(8) are the following:

                  —

                  Germany,

                  —

                  Ireland,

                  —

                  France,

                  —

                  Italy,

                  —

                  Luxembourg,

                  —

                  Hungary,

                  —

                  Netherlands,

                  —

                  Austria,

                  —

                  United Kingdom.

      ANNEX II

         ICAO provisions referred to in Articles 4 and 8

                  1.

                  Chapter 2 ‘Aeronautical Mobile Service’, Section 2.1 ‘Air-ground VHF communication system characteristics’ and Section 2.2 ‘System characteristics of the ground installations’ of Annex 10 to the Chicago Convention, Volume III, Part 2 (Second Edition — July 2007 incorporating Amendment No 85).

                  2.

                  Chapter 2 ‘Aeronautical Mobile Service’, Section 2.1 ‘Air-ground VHF communication system characteristics’, Section 2.3.1 ‘Transmitting function’ and Section 2.3.2 ‘Receiving function’ excluding Subsection 2.3.2.8 ‘VDL — Interference Immunity Performance’ of Annex 10 to the Chicago Convention, Volume III, Part 2 (Second Edition — July 2007 incorporating Amendment No 85).

                  3.

                  Section 12.3.1.4 ‘8,33 kHz channel spacing’ of ICAO PANS-ATM Doc. 4444 (15th Edition – 2007 incorporating Amendment No 2).

      ANNEX III

         Requirements referred to in Article 10, to be taken into consideration during the safety assessment

                  1.

                  The interoperability and performance requirements set out in Articles 4(6), 4(7), 4(8), 7(1) and 7(2) shall be taken into consideration during the safety assessment.

                  2.

                  The associated procedures requirements set out in Article 8 shall be taken into consideration during the safety assessment.

                  3.

                  The State aircraft arrangements set out in Article 9(13) and (14) shall be taken into consideration during the safety assessment.

                  4.

                  The requirements supporting compliance set out in Article 13(1), (2), (5) and (6) shall be taken into consideration during the safety assessment.

                  5.

                  Member States shall ensure that when a frequency assignment is to be converted to 8,33 kHz channel spacing, the new frequency assignment is tested for a trial period of an appropriate duration, during which time safe operation is verified, prior to registration in the central register.

                  6.

                  Member States shall ensure that conversions to 8,33 kHz channel spacing are made considering the ICAO guidance material on frequency planning criteria as described in Part II — ‘VHF Air-Ground Communications Frequency Assignment Planning Criteria’ of the EUR Frequency Management Manual — ICAO EUR Doc. 011.

                  7.

                  Air navigation service providers shall ensure that procedures for handling non-8,33 kHz equipped aircraft operating in airspace requiring the carriage of radios with the 8,33 kHz channel spacing capability are published and applied as appropriate.

                  8.

                  Air navigation service providers and/or airport operators shall ensure that procedures for handling non-8,33 kHz equipped vehicles through airport areas using 8,33 kHz channel spacing are published and applied as appropriate.

                  9.

                  Member States which convert frequency assignments to 8,33 kHz channel spacing in any part of their airspace shall:

                              (a)

                              ensure that operators of aircraft operating in such airspace are informed that these aircraft must be equipped with radios having the 8,33 kHz channel spacing capability;

                              (b)

                              ensure that appropriate training is provided to flight crew members that use 25 kHz radios in airspace where the carriage of radios having the 8,33 kHz channel spacing capability is required, as specified in Article 2(5);

                              (c)

                              perform a local safety assessment prior to the conversion that takes into account all the traffic expected to cross that airspace and the potential issues arising from the voice communication system in operation in all surrounding airspace.

      ANNEX IV
      PART A

         Requirements for the assessment of the conformity or suitability for use of constituents referred to in Article 11

                  1.

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

                  2.

                  The application by the manufacturer of the module described in Part B shall be considered as an appropriate conformity assessment procedure to ensure and declare the compliance of constituents. Equivalent or more stringent procedures are also authorised.

            PART B

         Internal production control module

                  1.

                  This module describes the procedure whereby the manufacturer or his authorised representative established within the Union who carries out the obligations laid down in point 2, ensures, and declares that the constituents concerned satisfy the requirements of this Regulation. The manufacturer or his authorised representative established within the Union must draw up a written declaration of conformity or suitability for use in accordance with point 3 of Annex III to Regulation (EC) No 552/2004.

                  2.

                  The manufacturer must establish the technical documentation described in point 4. He or his authorised representative established within the Union must keep the documentation at the disposal of the relevant national supervisory authorities for inspection purposes and at the disposal of the air navigation service providers that integrate these constituents in their systems, for a period ending at least 10 years after the last constituent has been manufactured. The manufacturer or his authorised representative established within the Union shall inform the Member States where and how the above technical documentation is available.

                  3.

                  Where the manufacturer is not established within the Union, he shall designate the person(s) who place(s) the constituents on the Union market. These person(s) shall inform the Member States where and how the technical documentation can be made available.

                  4.

                  Technical documentation must demonstrate the conformity of the constituents with the requirements of this Regulation. It must, as far as relevant for the assessment, cover the design, manufacture and operation of the constituents.

                  5.

                  The manufacturer or his authorised representative must keep a copy of the declaration of conformity or suitability for use with the technical documentation.

            PART C

         Requirements for the verification of systems referred to in Article 12(1)

                  1.

                  The verification of systems identified in Article 2(1) shall demonstrate the conformity of these systems with the interoperability, performance and safety requirements of this Regulation in an assessment environment that reflects the operational context of these systems. In particular:

                              —

                              the verification of communication systems shall demonstrate that 8,33 kHz channel spacing is in use for voice communications in accordance with Article 4 and that the performance of the 8,33 kHz voice communication systems complies with Article 4(7),

                              —

                              the verification of systems for flight data processing shall demonstrate that the functionality described in Article 7(2) is properly implemented.

                  2.

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

                  3.

                  Test tools used for the verification of systems identified in Article 2(1) shall have appropriate functionalities.

                  4.

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

                              —

                              description of the implementation,

                              —

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

                  5.

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

                              —

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

                              —

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

                              —

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

                              —

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

                              —

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

                              —

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

                              —

                              write the report presenting the results of inspections and tests.

                  6.

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

                  7.

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

            PART D

         Requirements for the verification of systems referred to in Article 12(2)

                  1.

                  The verification of systems identified in Article 2(1) shall demonstrate the conformity of these systems with the interoperability, performance and safety requirements of this Regulation in an assessment environment that reflects the operational context of these systems. In particular:

                              —

                              the verification of communication systems shall demonstrate that 8,33 kHz channel spacing is in use for voice communications in accordance with Article 4 and that the performance of the 8,33 kHz voice communication systems complies with Article 4(7),

                              —

                              the verification of systems for flight data processing shall demonstrate that the functionality described in Article 7(2) is properly implemented.

                  2.

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

                  3.

                  Test tools used for the verification of systems identified in Article 2(1) shall have appropriate functionalities.

                  4.

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

                              —

                              description of the implementation,

                              —

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

                  5.

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

                  6.

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

                              —

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

                              —

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

                              —

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

                              —

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

                              —

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

                              —

                              write the report presenting the results of inspections and tests.

                  7.

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

                  8.

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

                  9.

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

      ANNEX V

         Conditions referred to in Article 12

                  1.

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

                  2.

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

                  3.

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

                  4.

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

                  5.

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


title: Commission Implementing Regulation (EU) 2016/2292 of 16 December 2016 setting out the weighted average of maximum mobile termination rates across the Union and repealing Implementing Regulation (EU) 2015/2352 (Text with EEA relevance )

text:
               17.12.2016

               EN

               Official Journal of the European Union

               L 344/77

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/2292
   of 16 December 2016
   setting out the weighted average of maximum mobile termination rates across the Union and repealing Implementing Regulation (EU) 2015/2352
   (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 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (1), and in particular Article 6e(2) thereof,
   Whereas:

               (1)

               In accordance with Regulation (EU) No 531/2012, domestic providers should not levy any surcharge additional to the domestic retail price on roaming customers in any Member State, for any regulated roaming call received, within the limits allowed by fair use policy. This provision applies from 15 June 2017, provided that the legislative act to be adopted further to the proposal on the wholesale roaming market referred to in Article 19(2) of that Regulation has become applicable by that date.

               (2)

               In accordance with Regulation (EU) No 531/2012 domestic providers may apply a surcharge, in addition to the domestic retail price, for the consumption of regulated retail roaming services, during a transitional period from 30 April 2016 until the date when the legislative act envisaged in Article 19(2) of that Regulation becomes applicable.

               (3)

               Regulation (EU) No 531/2012 allows domestic providers to apply, after the transitional period, a surcharge, in addition to the domestic retail price, for the consumption of regulated retail roaming services in excess of any limit set under a fair use policy.

               (4)

               Regulation (EU) No 531/2012 limits any surcharge applied for receiving regulated roaming calls to the weighted average of maximum mobile termination rates across the Union.

               (5)

               Commission Implementing Regulation (EU) 2015/2352 (2) set out the weighted average of maximum mobile termination rates across the Union to be applied from 30 April 2016 on the basis of the values of the data of 1 July 2015.

               (6)

               The Body of European Regulators for Electronic Communications has provided the Commission with updated information gathered from Member States' national regulatory authorities concerning: (i) the maximum level of mobile termination rates they imposed, in accordance with Articles 7 and 16 of Directive 2002/21/EC of the European Parliament and of the Council (3) (the ‘Framework Directive’) and Article 13 of Directive 2002/19/EC of the European Parliament and of the Council (4) (the ‘Access Directive’), in each national market for wholesale voice call termination on individual mobile networks; and (ii) the total number of subscribers in Member States.

               (7)

               Pursuant to Regulation (EU) No 531/2012, the Commission has calculated the weighted average of the maximum mobile termination rates across the Union by: (i) multiplying the maximum mobile termination rate permitted in a given Member State by the total number of subscribers in that Member State; (ii) summing this product over all Member States; and (iii) dividing the total obtained by the total number of subscribers in all Member States, on the basis of the values of the data of 1 July 2016. For non-Euro countries, the relevant exchange rate is the 2nd Quarter 2016 average obtained from the European Central Bank's database.

               (8)

               It is therefore necessary to update the value of the weighted average of maximum mobile termination rates across the Union laid down in the Implementing Regulation (EU) 2015/2352.

               (9)

               Implementing Regulation (EU) 2015/2352 should therefore be repealed.

               (10)

               Pursuant to Regulation (EU) No 531/2012 the Commission is to review the weighted average of maximum mobile termination rates across the Union annually.

               (11)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The weighted average of maximum mobile termination rates across the Union is set out at EUR 0,0108 per minute.
   Article 2
   Implementing Regulation (EU) 2015/2352 is repealed.
   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, 16 December 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 172, 30.6.2012, p 10.

      (2)  Commission Implementing Regulation (EU) 2015/2352 of 16 December 2015 setting out the weighted average of maximum mobile termination rates across the Union (OJ L 331, 17.12.2015, p. 7).

      (3)  Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).

      (4)  Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ L 108, 24.4.2002, p. 7).


title: Commission Implementing Regulation (EU) 2017/441 of 13 March 2017 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

text:
               14.3.2017

               EN

               Official Journal of the European Union

               L 67/78

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/441
   of 13 March 2017
   amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,
   Whereas:

               (1)

               Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation.

               (2)

               On 8 March 2017, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply.

               (3)

               Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the 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, 13 March 2017.

            For the Commission,

            On behalf of the President,

            Acting Head of the Service for Foreign Policy Instruments

      (1)  OJ L 169, 8.7.2003, p. 6.

      ANNEX
      In Annex III to Regulation (EC) No 1210/2003, the following entry is deleted:

                     ‘91.

                     NATIONAL CHEMICAL AND PLASTIC COMPANY. Address: P.O. Box 2302, Alwiya/Baghdad Za'afaraniya, Baghdad, Iraq.’


title: Commission Implementing Regulation (EU) 2015/244 of 16 February 2015 concerning the authorisation of Quinoline Yellow as a feed additive for non food-producing animals  Text with EEA relevance

text:
               17.2.2015

               EN

               Official Journal of the European Union

               L 41/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/244
   of 16 February 2015
   concerning the authorisation of Quinoline Yellow as a feed additive for non food-producing animals
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

               (2)

               Quinoline Yellow was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for non food-producing animals and for food-producing animals as regards certain processed feedingstuffs as part of the group ‘Colourants’. This substance was subsequently entered in the Register of feed additives established in Article 17 of Regulation (EC) No 1831/2003 as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003

               (3)

               In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of Quinoline Yellow as a feed additive for non food-producing animals and, in accordance with Article 7 of that Regulation, the applicant requested that additive to be classified in the additive category ‘sensory additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 10 July 2013 that, under the proposed conditions of use in feed, Quinoline Yellow does not have an adverse effect on animal health, human health or the environment. Considering the evidence provided by the applicant, the Authority also concluded that the efficacy of Quinoline yellow with respect to the dose and the nature of the feedingstuffs and their processing cannot be assessed. However, the Authority also stated that for this additive, which is authorised in food, where the function for feed is the same as that for food, no further demonstration of efficacy might be necessary. As the recommended maximum level proposed by the Authority for this additive is similar to the levels authorised for food in different types of products, the Commission considered that there is sufficient evidence of the efficacy of this substance. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

               The assessment of Quinoline Yellow shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that substance should be authorised as specified in the Annex to this Regulation.

               (6)

               Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

               (7)

               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
   The substance specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘colourants: substances that add or restore colour in feedingstuffs’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
   Article 2
   The substance specified in the Annex and feed containing that substance, and which are produced and labelled before 9 March 2017 in accordance with the rules applicable before 9 March 2015, may continue to be placed on the market and used until the existing stocks are exhausted.
   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, 16 February 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).

      ANNEX

                  Identification number of the additive

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  mg of active substance of kg of complete feedingstuff with a moisture content of 12 %

                     Category of sensory additives. Functional group: Colourants. (i) substances that add or restore colour in feedingstuffs

                  2a104

                  Quinoline Yellow

                     Additive composition

                  Quinoline Yellow
                  Quinoline Yellow is described as the sodium salt as the principal component

                     Characterisation of the active substance

                  Percentage for the components of Quinoline yellow is:

                              —

                              2-(2-quinolyl) indan-1,3-dione-disulfonates: ≥ 80 %,

                              —

                              2-(2-quinolyl) indan-1,3-dione-monosulfonates: ≤ 11 %,

                              —

                              2-(2-quinolyl) indan-1,3-dione-trisulfonates: ≤ 7 %.

                        Chemical formula: C18H9N Na2O8S2 (sodium salt)
                  CAS No: 8004-92-0 (principal component)
                  Quinoline Yellow solid form, produced by chemical synthesis
                  Purity criteria:

                              Colouring matter ≥ 70 % of, calculated as the sodium salt

                              Calcium and potassium salts ≤ 30 %

                     Analytical methods
                      (1)

                  For the quantification of total colouring matters content of Quinoline Yellow in the feed additive and feedingstuffs: spectrophotometry at 411 nm (FAO JECFA monographs No 1, Vol. 4).

                  Non food-producing animals

                  —

                  —

                  25

                              1.

                              In the directions for use of the additive and premixture, indicate the storage and the stability conditions.

                              2.

                              For safety: breathing protection, safety glasses and gloves should be worn during handling.

                  9 March 2025

         (1)  Details of the analytical methods are available at the following address of European Union Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports