title: Commission Implementing Regulation (EU) No 696/2012 of 25 July 2012 concerning the classification of certain goods in the Combined Nomenclature

text:
               31.7.2012

               EN

               Official Journal of the European Union

               L 203/30

         COMMISSION IMPLEMENTING REGULATION (EU) No 696/2012
   of 25 July 2012
   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 which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (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 issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
   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, 25 July 2012.

            For the Commission, On behalf of the President,

         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  OJ L 302, 19.10.1992, p. 1.

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  Insoles consisting of a flexible forked spring section made of steel and an interchangeable cushioned pad made of various materials.
                  The insoles are assembled according to the customer’s footprint and bodyweight.
                  The insoles are designed to reduce the burden on the feet and the whole body. The three-point support system of the insole is designed to support, move and strengthen ligaments, tendons and muscles. It provides shock absorption, distributes body weight evenly along the entire foot and may compensate the adverse effects of existing flat-footedness. The cushioned pad massages the foot.

                      (1) See image.

                  6406 90 50

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6406, 6406 90 and 6406 90 50.
                  The insoles are not designed to correct orthopaedic conditions as they are not specially adapted to any handicaps which they are intended to correct, but they are designed to improve foot and body comfort and to compensate the adverse effects of existing problems (see Note 6 to Chapter 90).
                  Classification under heading 9021 as orthopaedic appliances is therefore excluded.
                  The insoles are therefore to be classified under CN code 6406 90 50 as removable insoles.

         (1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2016/782 of 19 May 2016 fixing the allocation coefficient to be applied to the quantities covered by applications for import licences lodged from 1 to 7 May 2016 under the tariff quotas opened by Regulation (EC) No 891/2009 in the sugar sector and suspending submission of applications for such licences

text:
               20.5.2016

               EN

               Official Journal of the European Union

               L 131/63

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/782
   of 19 May 2016
   fixing the allocation coefficient to be applied to the quantities covered by applications for import licences lodged from 1 to 7 May 2016 under the tariff quotas opened by Regulation (EC) No 891/2009 in the sugar sector and suspending submission of applications for such licences
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(1) and (3) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 891/2009 (2) opened annual tariff quotas for imports of sugar products.

               (2)

               The quantities covered by import licence applications lodged from 1 to 7 May 2016 for the subperiod from 1 to 31 May 2016 exceed the quantities available under order number 09.4321. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3). Submission of further applications for import licences under this order number should be suspended until the end of the quota period.

               (3)

               In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The quantities covered by import licence applications lodged under Regulation (EC) No 891/2009 from 1 to 7 May 2016 shall be multiplied by the allocation coefficient set out in the Annex to this Regulation.
   2.   Submission of further applications for import licences under the order numbers indicated in the Annex shall be suspended until the end of the 2015/2016 quota period.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 May 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (OJ L 254, 26.9.2009, p. 82).

      (3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

      ANNEX

         ‘CXL concessions sugar’

      2015/2016 Quota period
      Applications lodged from 1 to 7 May 2016

                  Order No

                  Country

                  Allocation coefficient (%)

                  Further applications

                  09.4317

                  Australia

                  —

                  Suspended

                  09.4318

                  Brazil

                  —

                  —

                  09.4319

                  Cuba

                  —

                  Suspended

                  09.4320

                  Any third country

                  —

                  —

                  09.4321

                  India

                  50,825046

                  Suspended

         ‘Balkans sugar’

      2015/2016 Quota period
      Applications lodged from 1 to 7 May 2016

                  Order No

                  Country

                  Allocation coefficient (%)

                  Further applications

                  09.4324

                  Albania

                  —

                  —

                  09.4325

                  Bosnia and Herzegovina

                  —

                  —

                  09.4326

                  Serbia

                  —

                  —

                  09.4327

                  Former Yugoslav Republic of Macedonia

                  —

                  —

         ‘Exceptional import sugar’ and ‘industrial sugar’

      2015/2016 Quota period
      Applications lodged from 1 to 7 May 2016

                  Order No

                  Type

                  Allocation coefficient (%)

                  Further applications

                  09.4380

                  Exceptional import

                  —

                  —

                  09.4390

                  Industrial sugar

                  —

                  —


title: Commission Implementing Regulation (EU) 2015/2016 of 11 November 2015 laying down the implementing technical standards with regard to the equity index for the symmetric adjustment of the standard equity capital charge in accordance with Directive 2009/138/EC of the European Parliament and of the Council (Text with EEA relevance)

text:
               12.11.2015

               EN

               Official Journal of the European Union

               L 295/18

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2016
   of 11 November 2015
   laying down the implementing technical standards with regard to the equity index for the symmetric adjustment of the standard equity capital charge in accordance with Directive 2009/138/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2009/138/EC of 25 November 2009 of the European Parliament and of the Council on the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and in particular Article 109a(2)(b) thereof,
   Whereas:

               (1)

               In order to ensure that the equity index measures the market price of a diversified portfolio of equities which is representative of the nature of equities typically held by insurance and reinsurance undertakings, as required by Article 172 of Commission Delegated Regulation (EU) 2015/35 (2), it should be composed of several existing equity indices for relevant markets. In order to make the levels of those equity indices comparable, the level of each index at the beginning of the appropriate period of time referred to in Article 106(2) of Directive 2009/138/EC should be set at 100 percentage points.

               (2)

               The value of an equity index fluctuates during the day. It is therefore necessary to clarify which value shall be used for a given day. As stock exchanges are not open every day for trading it is also necessary to specify for which days the levels of the equity index have to be calculated. For this reason the terms ‘last level’ and ‘working day’ should be defined.

               (3)

               The equity index should comply with the requirements laid down in Article 172 of Delegated Regulation (EU) 2015/35.

               (4)

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

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Definitions
   For the purpose of this Regulation the following definitions shall apply:

               (1)

               ‘last level’ means the last value of the equity index for the day of reference published by the provider of the equity index;

               (2)

               ‘working day’ means every day other than Saturdays and Sundays.

         Article 2
   Calculation of the equity index
   1.   The level of the equity index referred to in Article 106(2) of Directive 2009/138/EC shall be determined for each working day.
   The level of the equity index for a particular working day shall be the sum of the contributions of all equity indices included in the Annex on that working day.
   For each of the equity indices set out in the Annex, its contribution for a particular working day shall be the product of its normalised level for the working day and the respective weight for the equity index as set out in the Annex.
   2.   For each of the equity indices set out in the Annex, its normalised level for a particular working day shall be its last level on that working day divided by its last level on the first day of the 36 month period ending on the working day for which the level of the equity index as defined in Article 172(1) of Delegated Regulation (EU) 2015/35 is being calculated. Where, for a specific day, the last level of an equity index is not available, the most recent last level before that day shall be used.
   Article 3
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

            For the Commission

            The President

         Jean-Claude JUNCKER

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

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

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

      ANNEX

         Equity indices and weights

                  Equity indices (Price indices)

                  Weights

                  AEX

                  0,14

                  CAC 40

                  0,14

                  DAX

                  0,14

                  FTSE All-Share Index

                  0,14

                  FTSE MIB Index

                  0,08

                  IBEX 35

                  0,08

                  Nikkei 225

                  0,02

                  OMX Stockholm 30 Index

                  0,08

                  S&P 500

                  0,08

                  SMI

                  0,02

                  WIG30

                  0,08


title: Council Implementing Regulation (EU) 2016/1996 of 15 November 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

text:
               16.11.2016

               EN

               Official Journal of the European Union

               L 308/3

         COUNCIL IMPLEMENTING REGULATION (EU) 2016/1996
   of 15 November 2016
   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, concerning restrictive measures in view of the situation in Syria.

               (2)

               Two entities should be removed from the list of entities subject to restrictive measures, as set out in Section B of Annex II to Regulation (EU) No 36/2012.

               (3)

               Annex II to 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, 15 November 2016.

            For the Council

            The President

         I. KORČOK

      (1)  OJ L 16, 19.1.2012, p. 1.

      ANNEX

                  I.

                  The following entities and the related entries are deleted from the list set out in Section B of Annex II to Regulation (EU) No 36/2012:

                              55.

                              Tri-Ocean Trading

                              55a.

                              Tri-Ocean Energy


title: Commission Implementing Regulation (EU) No 1000/2014 of 23 September 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               24.9.2014

               EN

               Official Journal of the European Union

               L 280/52

         COMMISSION IMPLEMENTING REGULATION (EU) No 1000/2014
   of 23 September 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 September 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

                  54,3

                  TR

                  83,3

                  XS

                  79,6

                  ZZ

                  72,4

                  0707 00 05

                  MK

                  34,4

                  TR

                  95,4

                  ZZ

                  64,9

                  0709 93 10

                  TR

                  116,6

                  ZZ

                  116,6

                  0805 50 10

                  AR

                  151,6

                  CL

                  165,2

                  IL

                  114,0

                  TR

                  127,3

                  UY

                  119,6

                  ZA

                  133,6

                  ZZ

                  135,2

                  0806 10 10

                  AR

                  128,7

                  BR

                  163,4

                  EG

                  160,1

                  MK

                  103,8

                  TR

                  119,3

                  ZZ

                  135,1

                  0808 10 80

                  AR

                  262,7

                  BA

                  49,3

                  BR

                  65,3

                  CL

                  123,1

                  NZ

                  125,1

                  US

                  160,3

                  ZA

                  134,3

                  ZZ

                  131,4

                  0808 30 90

                  AR

                  218,6

                  CL

                  231,7

                  CN

                  105,0

                  TR

                  121,4

                  ZZ

                  169,2

                  0809 30

                  TR

                  121,6

                  ZZ

                  121,6

                  0809 40 05

                  MK

                  9,0

                  ZZ

                  9,0

         (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) 2017/1094 of 20 June 2017 amending for the 269th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaeda organisations

text:
               21.6.2017

               EN

               Official Journal of the European Union

               L 158/27

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1094
   of 20 June 2017
   amending for the 269th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaeda organisations
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaeda organisations (1), and in particular Article 7(1)(a) and Article 7a(1) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 16 June 2017, the Sanctions Committee of the United Nations Security Council decided to add one natural person to the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly.

               (3)

               In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with 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, 20 June 2017.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      In Annex I to Regulation (EC) No 881/2002, the following entry is added under the heading ‘Natural persons’:

         ‘Fared Saal (alias: (a) Abu Luqmaan Al Almani; (b) Abu Lugmaan. Date of birth: 18.2.1989. Place of birth: Bonn, Germany. Nationality: (a) German; (b) Algerian. National identification No: 5802098444 (German national identity card number, issued in Bonn, Germany on 15.4.2010, expired on 14.4.2016). Other information: Physical description: eye colour: brown; hair colour: black; height: 178 cm; weight: 80 kg. Date of designation referred to in Article 7d(2)(i): 16.6.2017.’


title: Commission Implementing Regulation (EU) No 853/2011 of 24 August 2011 amending for the 156th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network

text:
               25.8.2011

               EN

               Official Journal of the European Union

               L 219/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 853/2011
   of 24 August 2011
   amending for the 156th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(1) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 12 August 2011 the Sanctions Committee of the United Nations Security Council decided to add one natural person to its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

               (3)

               Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly.

               (4)

               In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 24 August 2011.

            For the Commission, On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:
      The following entry shall be added under the heading ‘Natural persons’:

         ‘Muhammad Jibril Abdul Rahmam (alias (a) Mohammad Jibril Abdurrahman, (b) Muhammad Jibriel Abdul Rahman, (c) Mohammad Jibriel Abdurrahman, (d) Muhamad Ricky Ardhan, (e) Muhammad Ricky Ardhan bin Muhammad Iqbal, (f) Muhammad Ricky Ardhan bin Abu Jibril, (g) Muhammad Yunus, (h) Heris Syah). Address: (a) Jalan M. Saidi RT 010 RW 001 Pesanggrahan, South Petukangan, South Jakarta, Indonesia; (b) Jalan Nakula of Witana Harja Complex Block C, Pamulang, Banten, Indonesia. Date of birth: (a) 28.5.1984, (b) 3.12.1979, (c) 3.3.1979, (d) 8.8.1980. Place of birth: East Lombok, West Nusa Tenggara, Indonesia. Nationality: Indonesian. Passport No: S335026 (false Indonesian passport). National Identification No: (a) 3219222002.2181558 (Indonesian national identity card), (b) 2181558 (Identification number). Other information: (a) Senior member of Jemaah Islamiyah directly involved in obtaining funding for terrorist attacks; (b) Father’s name is Mohamad Iqbal Abdurrahman. Date of designation referred to in Article 2a(4)(b): 12.8.2011.’