title: Commission Implementing Regulation (EU) 2018/34 of 28 September 2017 laying down implementing technical standards with regard to the standardised presentation format of the fee information document and its common symbol according to Directive 2014/92/EU of the European Parliament and of the Council (Text with EEA relevance. )

text:
                  11.1.2018

                  EN

                  Official Journal of the European Union

                  L 6/37

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/34
      of 28 September 2017
      laying down implementing technical standards with regard to the standardised presentation format of the fee information document and its common symbol according to Directive 2014/92/EU 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 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (1), and in particular the third subparagraph of Article 4(6) thereof,
      Whereas:

                  (1)

                  Directive 2014/92/EU requires Member States to ensure that payment service providers provide the consumer with a fee information document on paper or another durable medium containing the standardised terms in the final list of the most representative services linked to a payment account and, where such services are offered by a payment service provider, the corresponding fees for each service. The final lists are to be published by Member States, integrating the Union standardised terminology laid down in Commission Delegated Regulation (EU) 2018/32 (2).

                  (2)

                  In order to ensure that the fee information document achieves the aims of Directive 2014/92/EU and, at the same time, provides the consumer with all relevant information in a way that enhances comparison and transparency, payment service providers should use a standardised template for the fee information document along with clear instructions on how to complete the fee information document.

                  (3)

                  Since the fee information document is meant to inform consumers before entering into a contract for a payment account in order to enable them to compare payment account offers, a payment service provider should use the standardised template for producing one fee information document in respect of each of the payment accounts offered to a consumer.

                  (4)

                  In order to allow consumers to choose the most suitable account offer for their needs, while still ensuring a high level of standardisation, it should be possible to present an appropriate combination of packages and therefore the payment service provider should be able to produce more than one fee information document in respect of that payment account, provided that at least one package is included in each document.

                  (5)

                  In order to make it easier for the consumer to understand the content of the different types of packages and their fees, the fee information document should list the packages separately.

                  (6)

                  If services that exceed the quantity covered by a package are not included in the national final list of most representative services and therefore, are not displayed in the fee information document, they should be shown in a separate table and not combined with information on the content of the packages, in order to give consumers a clear overview of the package.

                  (7)

                  As the content of each fee information document provided to consumers depends on the individual payment service provider's offer of services and on each Member State's final list of the most representative services linked to a payment account, in order to ensure comparability of payment account offered in the single market, the template for the fee information document should provide certain headings under which the different services should be grouped.

                  (8)

                  The template for the fee information document should include a separate table, to be used by those payment service providers which are required to supply also a comprehensive cost indicator.

                  (9)

                  This Regulation is based on the draft implementing technical standards submitted by the European Supervisory Authority (European Banking Authority) (‘EBA’) to the Commission.

                  (10)

                  The EBA 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 Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (3),

            HAS ADOPTED THIS REGULATION:
      Article 1
      Template for the fee information document and its common symbol
      1.   Payment service providers shall use the template as laid down in the Annex and complete it as set out in Articles 2 to 13.
      2.   Payment service providers shall not modify the template for the fee information document in completing it other than provided for in this Regulation. In particular, payment service providers shall follow the order of information, headings and sub-headings laid down in the template. The fee information document shall:

                  (a)

                  be presented in A4 portrait format;

                  (b)

                  contain the title ‘Fee Information Document’ at the top of the first page, with the title centred and positioned between the logo of the payment service provider at the top left-hand side of the document and the common symbol at the top right-hand side of the document;

                  (c)

                  contain the common symbol of the size 2,5 cm × 2,5 cm and displayed as shown in the template laid down in the Annex;

                  (d)

                  use font type Arial or another font type similar to Arial and font size 11, with exceptions for the title ‘Fee Information Document’, which uses font size 16 in bold type; font size 14 in bold type for the headings, and font size 12 in bold for the sub-headings, unless an increase in the font size or use of braille font type for visually impaired persons is either required under national law or agreed between the consumer and the payment service provider;

                  (e)

                  be produced in black and white, with exception of the logo of the payment service provider and the common symbol which may be presented in colour, as laid down in Article 2;

                  (f)

                  contain the headings in semi-dark grey using the colour pattern with reference number 166,166,166 of the RGB colour model and the sub-headings in light-grey colour using the colour pattern with reference number 191,191,191 of the RGB colour model;

                  (g)

                  have its pages numbered.

            3.   A payment service provider shall provide a separate fee information document in respect of each of the payment accounts it offers to consumers.
      4.   Notwithstanding the provision of a payment account with basic features referred to in Chapter IV of Directive 2014/92/EU, where a payment service provider offers only one payment account to consumers that can be combined with different packages of services referred to in Article 4(3) of Directive 2014/92/EU, the payment service provider may produce more than one fee information document in respect of that account, provided that each fee information document contains at least one package.
      Article 2
      Common symbol and logo of the payment service provider
      1.   Where the common symbol is displayed in colour it shall follow the colour pattern with reference number 0/51/153 (hexadecimal: 003399) of the RGB colour model for the background and colour pattern 255/204/0 (hexadecimal: FFCC00) of the RGB colour model for the symbol.
      2.   The logo of the payment service provider shall be of an equivalent size to the size of the common symbol.
      3.   The logo may only be displayed in colour if the common symbol is also displayed in colour. Where printed in black and white the common symbol shall be clearly readable.
      Article 3
      Name of the account provider
      The name of the payment services provider that provides the account shall be included in bold type and left aligned.
      Article 4
      Account name
      The name of the account shall be included in bold type, left aligned and below the name of the account provider.
      Article 5
      Date
      The date when the payment service provider last updated the fee information document shall be included, using the font prescribed in Article 1(2)(d), left aligned and included below the account name.
      Article 6
      Introductory statement
      1.   The text of the introductory statement specified in the template shall be reproduced in the fee information document, using line spacing 1,15, 0 pt before and 10 pt after the text.
      2.   Payment service providers shall replace the square brackets with the names of the relevant pre-contractual and contractual documents.
      Article 7
      ‘Services and Fees’ table
      1.   Payment service providers shall list the services that are included in the national final list of most representative services linked to a payment account referred to in Article 3(5) of the Directive 2014/92/EU, where payment service provider offer such services, and their corresponding fees in the table on services and fees as follows:

                  (a)

                  the services shall be inserted in the column ‘Service’, left aligned, in bold type;

                  (b)

                  each service shall be listed only once and shall be displayed under the respective sub-heading shown in the table, such as the provision or the maintenance of the account shall be listed under sub-heading ‘General account services’;

                  (c)

                  the fees corresponding to the services shall be shown in the column ‘Fee’, right aligned;

                  (d)

                  where the fee is charged with regular frequency rather than on a per use basis, the frequency shall be indicated in the column ‘Fee’, left aligned, followed by the corresponding fee for that period, right aligned; the total annual fee shall be disclosed on the line directly underneath the frequency, in bold type, left aligned and using the wording ‘Total annual fee’ with the corresponding fee right aligned;

                  (e)

                  the line spacing shall be single, 0 pt before and 0 pt after each service and fee.

            2.   Where none of the services offered by a payment services provider, which would correspond a sub-heading, are included in the national final list of most representative services linked to a payment account, the entire row related to that sub-heading shall be deleted, including the title of the sub-heading.
      3.   Where payment service providers do not offer one or more services from the national final list of the most representative services referred to in Article 3(5) of the Directive 2014/92/EU, or where the service is not made available with the account, the phrase ‘service not available’ shall be used.
      4.   Where separate fees are charged in one or more of the following ways, payment services providers shall provide, in the column ‘Fee’ of that service and on a separate line, a description of each fee-charging instance, channel or condition (‘types of fees’):

                  (a)

                  for different fee-charging instances of the provision of the same service, such as an initial set-up fee and subsequent execution fees for the same service;

                  (b)

                  for different channels through which the same service is requested, used or provided, such as by phone, branch or online;

                  (c)

                  depending on whether a specific condition for the same service is met, such as adherence to a minimum or maximum threshold amount for credit transfers or cash withdrawals.

            The description shall be left aligned and the fee shall be right aligned.
      5.   Where fees are charged dependent on a combination of several types of fees, such as fees that differ by channel and are then further separated depending on whether a threshold amount is met, payment service providers shall, in addition to applying paragraph 4, right align the description of each additional type of fee.
      Article 8
      Presentation of packages of services charged as part of fees under the sub-heading ‘General account services’
      1.   Where a package of services linked to a payment account is charged as part of the fees under the sub-heading ‘General account services’, all services included in the package, regardless of whether they are included in the final national list of most representative services linked to a payment account referred to in Article 3(5) of the Directive 2014/92/EU, shall be listed in the section of the table on general account service, in the row on package of services.
      2.   Payment service providers shall include information on the additional fee for any service that exceeds the quantity covered by the package of services as set out in Article 10.
      3.   Where the number of all services covered by the package of services is not limited, payment service providers shall delete the statement at the bottom of the row ‘Services beyond these quantities will be charged separately’.
      4.   The entire row on package of services shall be deleted, where a package of services is not offered with the account and when the package of services is charged separately from any fees for general account services.
      Article 9
      Presentation of packages of services charged separately from fees under the sub-heading a ‘General account services’
      1.   Where payment service providers offer a package of services linked to a payment account with the account and the package is charged separately from any fees under the sub-heading ‘General account services’, as referred to in the table of services and fees, payment service providers shall include the following information in the table on package of services:

                  (a)

                  a list of all services included in the package, regardless of whether they are included in the final national list of most representative services linked to a payment account referred to in Article 3(5) of Directive 2014/92/EU;

                  (b)

                  the quantity of each service covered by the package fee, which may be either a number or an indication that the number of services is not limited;

                  (c)

                  the package fee, in the column ‘Fee’, right aligned.

            2.   Where the package is charged with regular frequency, the frequency shall be displayed in the ‘Fee’ column and left aligned, with the total annual fee displayed on the line directly underneath the frequency, in bold type and using the wording ‘Total annual fee’.
      3.   Payment service providers shall include information on the additional fee for any service that exceeds the quantity covered by the package of services as set out in Article 10.
      4.   Where the number of all services in the package is not limited, payment service providers shall delete the statement at the bottom of the table that reads ‘Services beyond these quantities will be charged separately’.
      5.   Where more than one package falling under paragraph 1 is included in the fee information document, payment service providers shall provide the information under this Article for each package in a separate table, indicating the brand name of the package of services, where applicable.
      6.   Payment service providers shall delete the entire table, where the package of services is not offered with the account, or where the package of services is charged as part of the fee for any general account services.
      Article 10
      Table on additional fees for services exceeding the quantity covered by packages of services linked to a payment account
      1.   Payment service providers shall include in this table information on additional fees for any service that exceeds the quantity covered by a package referred to in Articles 8 and 9, if this information is not included in the table of services and fees, or where the corresponding fee for the service is different than shown in the table.
      2.   Where payment services providers offer more than one package and the additional fees referred to in paragraph 1 differ dependent on the package, payment service providers shall list the different fees separately for each package and use the brand name of the package, where applicable.
      3.   In completing this table, payment service providers shall follow the same presentation and structure as set out in this Regulation, where applicable.
      4.   Where a fee information document does not include any information on packages of services, payment service providers shall delete the table referred to in paragraph 1.
      Article 11
      Comprehensive cost indicator
      1.   Payment service providers shall display the comprehensive cost indicator summarising the overall annual cost of the payment account, in a separate table, where required by national provisions.
      2.   Payment service providers shall delete the table on comprehensive cost indicator, if national provisions do not require payment service providers to display the comprehensive cost indicator.
      Article 12
      Brand names
      Where a brand name is used, the brand name shall follow directly after the name of the service, using the font prescribed in Article 1(2)(d) and in square brackets.
      Article 13
      Use of electronic means
      1.   Where the fee information document is provided by electronic means payment service providers may, provided that at the same time the consumer is provided with a copy of the fee information document in line with the template laid down in the Annex and completed as set out in Articles 2 to 12, modify the template in only the following ways:

                  (a)

                  by way of derogation from point (d) of Article 1(2), increase the font sizes, provided that the proportion of sizes as set out in Article 1(2) is retained;

                  (b)

                  where the dimensions of the electronic tools are such that using several tables and columns would make the fee information document difficult to read, use a single column or a single table if the order of information, headings and sub-headings are retained;

                  (c)

                  use electronic tools, such as layering and pop-ups, provided that the title of the fee information document, the common symbol, introductory statements, headings and sub-headings, are displayed prominently and the order of information is retained.

            2.   The use of the electronic tools referred to in point (c) of the paragraph 1 shall not be intrusive that it could distract the consumer from the information in the fee information document. Information provided through layering and pop-ups shall be limited to the information referred to in this Regulation.
      Article 14
      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, 28 September 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 257, 28.8.2014, p. 214.

         (2)  Commission Delegated Regulation (EU) 2018/32 of 28 September 2017 supplementing Directive 2014/92/EU of the European Parliament and of the Council with regard to regulatory technical standards for the Union standardised terminology for the most representative services linked to a payment account (see page 3 of this Official Journal).

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

         ANNEX

            Fee information document template

         Text of image

            Fee Information Document
            Name of the account provider:
            Account name:
            Date:
            ·
            This document informs you about the fees for using the main services linked to the payment account. It will help you to compare these fees with those of other accounts.
            ·
            Fees may also apply for using services linked to the account which are not listed here. Full information is available in [specify names of the relevant pre-contractual and contractual documents].
            ·
            A glossary of the terms used in this document is available free of charge.
            Service
            Fee
            General account services
            [main service] [brand name]
            Includes a package of services consisting of:
            Services beyond these quantities will be charged separately.
            Payments (excluding cards)
            Cards and cash
            Overdrafts and related services
            Other services

         Text of image

            Package of services
            Fee
            [brand name]
            Services beyond these quantities will be charged separately.
            Information on additional services
            Information on fees for services exceeding the quantity of services covered by the package of services (excluding fees listed above)
            Service
            Fee
            [brand name]
            Comprehensive cost indicator


title: Commission Implementing Regulation (EU) 2018/50 of 11 January 2018 amending for the 280th 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-Qaida organisations

text:
               12.1.2018

               EN

               Official Journal of the European Union

               L 7/35

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/50
   of 11 January 2018
   amending for the 280th 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-Qaida 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-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) 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 26 December 2017, the Sanctions Committee of the United Nations Security Council decided to delete one entry and amend one entry in 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,

         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 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 January 2018.

            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:

                  (1)

                  The entry ‘Zayn Al-Abidin Muhammad Hussein (alias (a) Abu Zubaida, (b) Abd Al-Hadi Al-Wahab, (c) Zain Al-Abidin Muhammad Husain, (d) Zayn Al-Abidin Muhammad Husayn, (e) Zeinulabideen Muhammed Husein Abu Zubeidah, (f) Abu Zubaydah, (g) Tariq Hani). Date of birth: 12.3.1971. Place of birth: Riyadh, Saudi Arabia. Nationality: Palestinian. Other information: (a) Close associate of Usama bin Laden and facilitator of terrorist travel; (b) In custody of the United States of America as at July 2007. Date of designation referred to in Article 2a (4) (b): 25.1.2001.’, under the heading ‘Natural persons’, is deleted.

                  (2)

                  The entry ‘Seifallah Ben Hassine (alias (a) Seif Allah ben Hocine; (b) Saifallah ben Hassine; (c) Sayf Allah 'Umar bin Hassayn; (d) Sayf Allah bin Hussayn; (e) Abu Iyyadh al-Tunisi; (f) Abou Iyadh el-Tounsi; (g) Abu Ayyad al-Tunisi; (h) Abou Aayadh; (i) Abou Iyadh). Date of birth: 8.11.1965. Place of birth: Tunis, Tunisia. Nationality: Tunisian. Date of designation referred to in Article 7d(2)(i): 23.9.2014.’, under the heading ‘Natural persons’, is replaced by the following:
                  ‘Seifallah Ben Omar Ben Mohamed Ben Hassine (alias (a) Seif Allah ben Hocine; (b) Saifallah ben Hassine; (c) Sayf Allah 'Umar bin Hassayn; (d) Sayf Allah bin Hussayn; (e) Abu Iyyadh al-Tunisi; (f) Abou Iyadh el-Tounsi; (g) Abu Ayyad al-Tunisi; (h) Abou Aayadh; (i) Abou Iyadh; (j) Seifallah ben Amor ben Hassine). Address: a) 60 Rue de la Libye, Hammam Lif, Ben Arous, Tunisia; b) Libya (possible location as at Jul. 2017). Date of birth: 8.11.1965. Place of birth: Tunis, Tunisia. Nationality: Tunisian. Passport no: Tunisia number G557170, issued on 16 Nov. 1989. National identification no: Tunisia National Identification Card 05054425, issued on 3.5.2011 (issued in Hammam Lif). Date of designation referred to in Article 7d(2)(i): 23.9.2014.’


title: Commission Implementing Regulation (EU) 2018/48 of 11 January 2018 entering a name in the register of traditional specialities guaranteed [Suikerstroop (TSG)]

text:
                  12.1.2018

                  EN

                  Official Journal of the European Union

                  L 7/23

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/48
      of 11 January 2018
      entering a name in the register of traditional specialities guaranteed [Suikerstroop (TSG)]
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(3)(b) thereof,
      Whereas:

                  (1)

                  Pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, the application from the Netherlands to register the name ‘Suikerstroop’ as Traditional Speciality Guaranteed (TSG) was published in the Official Journal of the European Union
                      (2).

                  (2)

                  ‘Suikerstroop’ is the syrupy liquid obtained from the massecuite of the plant from which the product is made after extraction of the sugar crystals. The name means ‘sugar syrup’.

                  (3)

                  The Commission received a notice of opposition from Finland, a second one from Denmark and a third one from Nordic Sugar AB (company established in Denmark) all on 16 September 2014.

                  (4)

                  The notices of opposition from Denmark and Finland were forwarded to the Netherlands.

                  (5)

                  The opposition procedure based on the notice sent directly to the Commission by Nordic Sugar AB was not initiated. According to Article 51(1), second subparagraph, of Regulation (EU) No 1151/2012, natural or legal persons having a legitimate interest, established or resident in a Member State other than that from which the application was submitted, may lodge a notice of opposition with the Member State in which it is established. Therefore, Nordic Sugar AB was not allowed to lodge a notice or a statement of opposition directly to the Commission.

                  (6)

                  On 13 November 2014 the Commission received the reasoned statements of opposition from Finland. The reasoned statement of opposition from Denmark was already contained in the notice of opposition. Both the reasoned statement of opposition from Denmark and the one from Finland were considered admissible within the meaning of Article 21 of Regulation (EU) No 1151/2012.

                  (7)

                  Pursuant to Article 51(3) of the above Regulation, by letters of 19 December 2014 the Commission invited the Netherlands and Finland on one hand, and the Netherlands and Denmark on the other hand, to engage in appropriate consultations for a period of three months from the date of these letters in view of reaching an agreement.

                  (8)

                  Upon request of the Netherlands, in accordance with Article 51(3) of Regulation (EU) No 1151/2012, by letter of 8 April 2015 the Commission granted an extension of the deadline for the consultations among the interested parties in the two opposition procedures concerning the above mentioned application. The final deadline for the amicable procedure was therefore extended until 19 June 2015.

                  (9)

                  No agreement was reached within the designated timeframe. By letter of 22 February 2017 the Netherlands sent the Commission the results of the consultations with Finland and Denmark. Therefore, the Commission should decide on registration in accordance with the procedure referred to in Article 52(3)(b) of Regulation (EU) No 1151/2012, taking into account the results of these consultations.

                  (10)

                  In their reasoned statement of opposition, Finland and Denmark claimed that: 1) the name is not specific (it means just syrup of sugar); 2) identical name is used for several similar products already existing in the Danish, Swedish, Finnish, German and Baltic markets; 3) the product characteristics and its production method are not unique to the product since similar products, marketed in Denmark, Finland and Sweden, have the same specific characteristics and methods. In particular, Finland considers that the product as described in the application cannot be considered to be ‘special’ as a type of syrup since products other than the ‘Suikerstroop’ are also made of 100 % sugar beet or sugar cane.

                  (11)

                  In addition, Denmark claimed that point 3.1 of the product specification, providing that ‘the words “traditional Dutch product” will appear on the label in the language of the country in which the product is marketed’ should be reformulated to comply with Article 18(3) of Regulation (EU) No 1151/2012. On the other side, Finland challenged the use of the definition ‘traditional Dutch product’ as not specific to the product described in the application since similar products marketed in northern Europe can also be qualified as traditional.

                  (12)

                  Finland has subsequently requested, during the consultations with the Netherlands, to delete the last sentence of Section 3.2 ‘There are no other products of the same name or similar products with a similar-sounding name’ because it would be incorrect.

                  (13)

                  The Commission has assessed the arguments provided in the reasoned statements of opposition and in the information provided to the Commission regarding the negotiations between the interested parties and it has concluded that the name ‘Suikerstroop’ should be registered as TSG.

                  (14)

                  The oppositions are based on both points (a) and (b) of Article 21(1) of Regulation (EU) No 1151/2012.

                  (15)

                  As regards the incompatibility with the terms of the Regulation, three points have been raised: 1) the name is not specific; 2) the product characteristics and its production method is not unique 3) point 3.1 of the product specification does not comply with Article 18(3) of Regulation (EU) No 1151/2012 insofar as it refers to a ‘traditional Dutch product’.

                  (16)

                  As regards the circumstance that the name is lawful, renowned and economically significant for similar agricultural products and foodstuffs, one point has been raised: an identical name is used for several similar products already existing in the Danish, Swedish, Finnish, German and Baltic markets.

                  (17)

                  Regulation (EU) No 1151/2012 does not require a TSG name to be specific. This was required under Article 4(2) of Council Regulation (EC) No 509/2006 (3). Although the application was submitted to the Commission when Regulation (EC) No 509/2006 was into force, it was then published under Regulation (EU) No 1151/2012 and, therefore, in the absence of specific transitional provisions, the latter Regulation applies. In accordance with Article 18(2) of Regulation (EU) No 1151/2012 a name is eligible for TSG if it has been traditionally used to refer to the specific product or if it identifies the traditional or specific character of the product. In this case, the name ‘Suikerstroop’ has been used for centuries to define this specific product. It identifies the specific character of the product, being a syrup made with the liquid left behind during the production of sugar from sugar beet or sugar cane. Therefore, the name complies with the requirements of Regulation (EU) No 1151/2012.

                  (18)

                  Regulation (EU) No 1151/2012 does not require a TSG product to be unique or distinctive. It has to be identifiable and distinguishable. According to Article 18(4) of Regulation (EU) No 1151/2012 only names that refer to claims of a general nature used for a set of products or to claims provided for by particular Union legislation are excluded. ‘Suikerstroop’ is clearly identified as regards its characteristics and production method. In addition, the product covered by the product specification of the name ‘Suikerstroop’ complies with the requirements set out in Article 18(1) points (a) and (b) of Regulation (EU) No 1151/2012 since the mode of production corresponds to traditional practice for this product and the ingredients are those traditionally used.

                  (19)

                  The sentence in point 3.1 of the product specification ‘Once the procedure under Article 18(3) of Regulation (EU) No 1151/2012 has been completed, it is intended that the words “traditional Dutch product” will appear on the label in the language of the country in which the product is marketed’ does not comply with Article 18(3) of Regulation (EU) No 1151/2012. It should be replaced by the following sentence: ‘The name shall be accompanied by the claim “made following the tradition of the Netherlands”’. The Dutch authorities have agreed that this amendment is included in the product specification which has to be re-published for information.

                  (20)

                  Although products similar to ‘Suikerstroop’ are marketed in other Member States under a name which is deemed the translation, in the official languages of those Member States, of the term ‘Suikerstroop’, it cannot be concluded that an ‘identical name’ is used in the market of those Member States for similar products. The name used in those Member States has indeed the same meaning as Suikerstroop in Dutch language but it is not identical to ‘Suikerstroop’ since it is expressed in a different language. In addition, the name ‘Suikerstroop’ is not protected as such but only in conjunction with the claim ‘made following the tradition of the Netherlands’.

                  (21)

                  Therefore, those names of products similar to the product referred to in the application of ‘Suikerstroop’, marketed in the Danish, Swedish, Finnish, German and Baltic markets, whose meaning is ‘syrup of sugar’ and represent the translation of the name ‘Suikerstroop’ in their respective languages, may continue to be used. They are not identical to ‘Suikerstroop’ and they should not be considered as imitations or evocations of the name ‘Suikerstroop’ because the name ‘Suikerstroop’, once registered, will have to be accompanied by the claim ‘made following the tradition of the Netherlands’. Therefore the protection of this name is limited to the name as referring to the Dutch tradition.

                  (22)

                  In addition, it is obvious that the registration of the name ‘Suikerstroop’ may not prevent the use of the single terms ‘sugar’ or ‘syrup’ which are common names.

                  (23)

                  The Netherlands and Finland have also agreed to delete the last sentence of Section 3.2 which reads: ‘There are no other products of the same name or similar products with a similar-sounding name’. Such a sentence should be therefore deleted from the product specification, which has to be re-published for information purposes.

                  (24)

                  In the light of the above, the name ‘Suikerstroop’ should be entered in the register of traditional specialities guaranteed. The consolidated version of the single document should be published for information.

                  (25)

                  The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,

            HAS ADOPTED THIS REGULATION:
      Article 1
      The name ‘Suikerstroop’ (TSG) is registered.
      The name in the first paragraph identifies a product from Class 2.3. bread, pastry, cakes, confectionery, biscuits and other baker's wares set out in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (4).
      Article 2
      The name referred in Article 1 shall be accompanied by the claim ‘made following the tradition of the Netherlands’. The consolidated product specification is set out in the Annex to this Regulation.
      Article 3
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 11 January 2018.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 343, 14.12.2012, p. 1.

         (2)  OJ C 187, 19.6.2014, p. 9.

         (3)  Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 93, 31.3.2006, p. 1).

         (4)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

         ANNEX

            APPLICATION FOR REGISTRATION OF A TSG

         Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed (*1)

            ‘SUIKERSTROOP’

            EC No: NL-TSG-0007-01203 – 27.1.2014

         1.   NAME AND ADDRESS OF THE APPLICANT GROUP

                     Name:

                     Kenniscentrum suiker & voeding

                     Address:

                     Amsterdamsestraatweg 39a, 3744 MA BAARN

                     Tel.

                     +31 355433455

                     Fax

                     +31 355426626

                     Email:

                     info@kenniscentrumsuiker.nl

               2.   MEMBER STATE OR THIRD COUNTRY
         The Netherlands
         3.   PRODUCT SPECIFICATION
         3.1.   Name(s) to be registered (Article 2 of Commission Regulation (EC) No 1216/2007
             (1)
            )

         ‘Suikerstroop’
         The name shall be accompanied by the claim ‘made following the tradition of the Netherlands’.
         3.2.   Whether the name

                     ☒

                     is specific in itself

                     ☐

                     expresses the specific character of the agricultural product or foodstuff

               The product has had this name for centuries. ‘Suikerstroop’ [treacle] is obtained during the production of sugar. Article 12 of the 1977 Sugar and Syrup (Commodities Act) Decree provides that: ‘The name “suikerstroop”, preceded where appropriate by the name of the plant from which the product is made, must and may only be used to describe the syrupy liquid obtained from the massecuite of the plant from which the product is made after extraction of the sugar crystals…’.
         3.3.   Whether reservation of the name is sought under Article 13(2) of Regulation (EC) No 509/2006

                     ☒

                     Registration with reservation of the name

                     ☐

                     Registration without reservation of the name

               3.4.   Type of product

         Class 2.3: Confectionery, bread, pastry, cakes, biscuits and other bakers' wares
         3.5.   Description of the agricultural product or foodstuff to which the name under point 3.1. applies (Article 3(1) of Regulation (EC) No 1216/2007)

         ‘Suikerstroop’ is the syrupy liquid obtained from the massecuite of the sugar beet or sugar cane from which the product is made after the extraction of the sugar crystals. This liquid has an extract content of at least 80 %, an ash content of no more than 4,0 % and an apparent purity of at least 73 %. The high dry matter content of the product in combination with its high sugar concentration (more than 60 g per 100 g) means that it has a long shelf life. The sugar ensures that there is a low availability of ‘free water’, which means that no micro-organisms can develop.
         The product has the following specific characteristics:

                     Colour

                     Brix (2)

                     Total sugars

                     ‘Suikerstroop’

                     2 000  - 30 000  IU (3)

                     min. 79°

                     min. 70 %

            Physical characteristics

         ‘Suikerstroop’ is a sticky, thick, viscous, dark brown, syrupy liquid. It contains a large quantity of sugar (at least 70 %).

            Chemical properties

         ‘Suikerstroop’ has an apparent purity of at least 73 %. The extract content should be at least 80 %, and the ash content of ‘suikerstroop’ may not be higher than 4 %.

            Organoleptic characteristics

         ‘Suikerstroop’ has a sweet/salty and slightly bitter taste. The sweetness is produced by the high sugar content and the saltiness by the minerals and other (soluble) components from the sugar beet or sugar cane which are found in the syrup as a result of the production process.
         3.6.   Description of the production method to which the name under point 3.1 applies

         The raw material for ‘suikerstroop’ is the syrupy liquid left behind during the production of sugar from sugar beet or sugar cane after extraction of the sugar crystals.
         In the production of granulated sugar, the extraction process involves dissolving the sugars from the sugar beet or sugar cane in water. Other — water-soluble — components (‘non-sugars’) from the sugar beet or sugar cane also dissolve.
         This extract is purified, reduced and crystallised. After the sugar solution thus obtained has crystallised, the sugar crystals are extracted. The ‘non-sugars’ are left behind in the remaining sugar solution, also known as the mother liquor (or the syrup or run-off syrup). The mother liquor still contains a lot of dissolved sugar (approximately 85 %). In order to allow the still dissolved sugar to crystallise, the mother liquor is reduced a second time until sugar crystals start to form again. Once more, these crystals are extracted. The remaining syrup is known as B-syrup and contains approximately 75 % sugar (based on dry matter) and relatively higher levels of non-sugars. The B-syrup is the raw material used to produce ‘suikerstroop’.
         The B-syrup is fed into a mixing tank to remove impurities. The raw material is treated with activated carbon, absorbing the impurities, which are removed by filtration along with the carbon. The purified B-syrup obtained is the main ingredient of ‘suikerstroop’ To this purified B-syrup sugar solution (solution of sugar in water) and/or invert sugar (syrup) is added in order to comply with the characteristics referred to under 3.5. Invert sugar (syrup) is a syrup obtained by separating sugar (sucrose) into glucose and fructose. The purified (B-)syrup, sugar solution and/or invert sugar (syrup) are mixed to form a homogeneous mass.
         In order to obtain ‘suikerstroop’ with the composition described under 3.5, this homogeneous, syrupy mass is evaporated under vacuum until the desired brix value (at least 79°) is achieved.
         The syrup is stored in storage tanks, from which it is poured into the various types of packaging.
         3.7.   Specific character of the agricultural product or foodstuff

         The specific character of ‘suikerstroop’ is attributable to the fact that its qualities differ significantly from other types of syrup such as apple syrup or pear syrup but also from molasses in terms of the following characteristics:

            Raw material

         ‘Suikerstroop’ is distinguished by the fact that the syrup is 100 % derived from sugar beet/cane.

            Composition of the sugar

         Because the syrup is 100 % derived from sugar beet/cane, it contains hardly any carbohydrates apart from sucrose and invert sugar. The sugar content is at least 70 % (see also characteristics referred to under 3.5). This also distinguishes the syrup from molasses, the sugar content of which is less than 68 %.

            Taste

         The ‘non-sugars’ in the raw material give ‘suikerstroop’ a salty flavour with a slightly bitter accent. This combines with the high sugar content to produce a sweet/salty taste and aroma that are unique when compared with other types of syrup.
         3.8.   Traditional character of the agricultural product or foodstuff

         The application for registration is based on the fact that the product is characterised by a traditional production method and a traditional composition.

            Traditional production method

         Although long ago (from the beginning of the 17th century) ‘suikerstroop’ used to be made by hand, it has been factory-produced since 1908. The factory production method has remained unchanged since then, although the production process has been improved, streamlined and further mechanised. The factories (founded at the beginning of the 20th century, around 1910) are still in operation. They have been internally modernised as technology has advanced.

            The 17th, 18th and 19th centuries

         Historically, ‘suikerstroop’ is a by-product of sugar refining. De Suikerraffinadeur [The Sugar Refiner] by J.H. Reisig, dating from 1783, describes how syrup was caught in drip pots during the production of sugar loaves. During the crystallisation process, the (viscous) purified sugar massecuite was poured into the sugar loaf moulds. The moulds then stood on drip pots for a couple of days. The syrup that collected was called ‘uncovered’ syrup. The loaves were then covered with wet pipe clay (which promoted the crystallisation process and prevented dissolving) and placed back on the pots. Water was slowly poured over the top and slowly trickled through the loaf. The syrup thus produced was known as ‘covered’ syrup. The covering (dried clay) was then removed, and the sugar loaves were left to stand for a few days, after which they were covered with a layer of thinner pipe clay and placed back on the syrup pots before having water poured over them. The syrup thus obtained was known as naloop syrup (final run-off syrup, which is the purest).

            20th century to the present

         As progress made in technology (industrialisation) has resulted in an increase in the quantity of granulated sugar which can be obtained during the production process, the melado/molasses (i.e. the syrup) contains more ‘non-sugars’ and less sugar (total sugar content less than 68 %, apparent purity less than 73 %). The accumulation of impurities (owing to the efficiency of the industrial production process) also makes the syrup taste very different, much more salty than the final run-off syrup of the past (the last syrup obtained in the manual production process). However, because there was still a demand for ‘suikerstroop’, it started to be specially produced. The production process was developed in around 1900 (see description in point 3.6), and in 1908 the product started to be made in the way it is today.
         Overview of the production method in 1908 and today:

                     Production method (as described in point 3.6)

                     1908

                     Now

                     B-syrup obtained from the production of sugar from sugar cane or sugar beet constitutes the raw material

                     X

                     X

                     Purification of the B-syrup using activated carbon

                     X

                     X

                     Sugar solution and/or invert sugar syrup added in line with the recipe

                     X

                     X

                     Mixing to a homogeneous mass

                     X

                     X

                     Heating and evaporation to obtain the desired dry matter

                     X

                     X

            Traditional composition

         ‘Suikerstroop’ is traditionally composed of the carbohydrates sucrose and invert sugar, which are derived from sugar cane or sugar beet.
         The composition of the ‘suikerstroop’ produced today, the requirements for which are described in point 3.9, is the same as that laid down in the Sugar and Syrup (Commodities Act) Decree (1977).
         The 1977 Sugar and Syrup (Commodities Act) Decree described the composition as the syrupy liquid obtained from the massecuite of the plant from which the product is made after extraction of the sugar crystals. Furthermore, the extract content had to be at least 80 % and the apparent purity 73 %. The maximum ash content was 4,0 %. The main characteristics of the composition have not changed and are identical to the requirements for the composition of present-day ‘suikerstroop’, as described in point 3.5.

            Traditional use

         ‘Suikerstroop’ is a much-used ingredient in traditional dishes. The series Streekgerechten en wetenswaardigheden [Local Dishes and Interesting Details], Jo van Lamoen, 1987–88, shows that ‘suikerstroop’ is used in many local dishes, such as Groningse kruidkoek, brown beans with apples, Limburgse zoervleisj, Drentse proemenkreuze and Zeeuwse boterbabbelaars. There are also numerous recipes using ‘suikerstroop’ in Het kookboek van de Amsterdamse huishoudschool [The Cookbook of the Amsterdam Domestic Science School] by C.J. Wannée, 6th edition, dating from 1910. Examples of these are boluskoek and stroopmoppen, and stroopsaus (a sauce made from ‘suikerstroop’) was a recommended accompaniment for many dishes, because the ‘traditional’ Dutch recipes were often not the most flavoursome.
         3.9.   Minimum requirements and procedures to check the specific character

         The specific character of ‘suikerstroop’ can be tested on the basis of the measurable minimum requirements which the syrup's characteristics referred to under 3.5 (colour, brix and total sugars) must meet. The producer checks that the requirements are met in each production batch (during each production run).
         The Dutch Food and Consumer Product Safety Authority (NVWA) verifies this by means of monitoring of controls. The NVWA carries out an administrative spot check on producers at least once a year by checking the data stored with regard to the colour, brix value and total sugar content (measured by the producer for each production batch and digitally stored).
         4.   AUTHORITIES OR BODIES VERIFYING COMPLIANCE WITH THE PRODUCT SPECIFICATION
         4.1.   Name and address

                     Name:

                     Nederlandse Voedsel en Waren Autoriteit

                     Address:

                     Catharijnesingel 59, 3511 GG UTRECHT

                     Tel.

                     +31 0882233333

                     Email:

                     info@vwa.nl

                     ☒

                     Public

                     ☐

                     Private

               4.2.   Specific tasks of the authority or body

         The Dutch Food and Consumer Product Safety Authority is responsible for verifying compliance with the requirements laid down in the product specification for ‘suikerstroop’.

            (*1)  Replaced by Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs.

            (1)  Commission Regulation (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 275, 19.10.2007, p. 3).

            (2)  Measure of the concentration of dissolved solids (in this case sugar) in an aqueous solution determined using a refractometer.

            (3)  ICUMSA (International Commission for Uniform Methods of Sugar Analysis) Units. The higher the IU, the darker the colour.
         It is an indirect measure of purity.


title: Council Implementing Regulation (EU) 2018/53 of 12 January 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

text:
               13.1.2018

               EN

               Official Journal of the European Union

               L 10/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2018/53
   of 12 January 2018
   implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(1) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.

               (2)

               On 28 December 2017, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution (‘UNSCR’) 1718 (2006) designated four vessels pursuant to paragraph 6 of UNSCR 2375 (2017).

               (3)

               Annex XIV to Regulation (EU) 2017/1509 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex XIV to Regulation (EU) 2017/1509 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the date 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, 12 January 2018.

            For the Council

            The President

         E. KRALEVA

      (1)  OJ L 224, 31.8.2017, p. 1.

      ANNEX
      The following vessels are added to the list of vessels subject to restrictive measures set out in Annex XIV to Regulation (EU) 2017/1509:

                  ‘5.

                     Name: BILLIONS NO. 18
                  Additional information
                  IMO: 9191773

                  6.

                     Name: UL JI BONG 6
                  Additional information
                  IMO: 9114555

                  7.

                     Name: RUNG RA 2
                  Additional information
                  IMO: 9020534

                  8.

                     Name: RYE SONG GANG 1
                  Additional information
                  IMO: 7389704’.


title: Commission Implementing Regulation (EU) 2018/55 of 9 January 2018 amending Implementing Regulation (EU) 2015/1998 as regards adding the Republic of Singapore to the third countries recognised as applying security standards equivalent to the common basic standards on civil aviation security (Text with EEA relevance. )

text:
               13.1.2018

               EN

               Official Journal of the European Union

               L 10/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/55
   of 9 January 2018
   amending Implementing Regulation (EU) 2015/1998 as regards adding the Republic of Singapore to the third countries recognised as applying security standards equivalent to the common basic standards on civil aviation security
   (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 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1), and in particular Article 4(3) thereof,
   Whereas:

               (1)

               The Annex to Commission Implementing Regulation (EU) 2015/1998 (2) lists the third countries recognised as applying security standards equivalent to the common basic standards for safeguarding civil aviation against acts of unlawful interference that jeopardise the security of civil aviation.

               (2)

               The Commission has verified that also the Republic of Singapore satisfies the criteria for recognising the equivalence of security standards of third countries set out in Part E of the Annex to Commission Regulation (EC) No 272/2009 (3).

               (3)

               Implementing Regulation (EU) 2015/1998 should therefore be amended accordingly.

               (4)

               An appropriate time before this Regulation applies should be provided for, considering that changes to operations or infrastructure at airports, or both, may be required.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Implementing Regulation (EU) 2015/1998 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 6 February 2018.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 January 2018.

            For the Commission,

            On behalf of the President,

         Violeta BULC

            Member of the Commission

      (1)  OJ L 97, 9.4.2008, p. 72.

      (2)  OJ L 299, 14.11.2015, p. 1.

      (3)  Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council (OJ L 91, 3.4.2009, p. 7).

      ANNEX
      The Annex to Implementing Regulation (EU) 2015/1998 is amended as follows:

                  (1)

                  in Chapter 3, Attachment 3-B is replaced by the following:

                     ‘ATTACHMENT 3-B

                  AIRCRAFT SECURITY

                     THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF PART THREE OF THAT TREATY DOES NOT APPLY, THAT ARE RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS ON CIVIL AVIATION SECURITY

                  As regards aircraft security, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of Part Three of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards on civil aviation security:

                                 Canada

                                 Faroe Islands, in regard to Vagar airport

                                 Greenland, in regard to Kangerlussuaq airport

                                 Guernsey

                                 Isle of Man

                                 Jersey

                                 Montenegro

                                 Republic of Singapore, in regard to Singapore Changi Airport

                                 United States of America

                        The Commission shall immediately notify the appropriate authorities of the Member States if it has information indicating that security standards applied by the third country or other country or territory concerned with a significant impact on overall levels of aviation security in the Union are no longer equivalent to the common basic standards of the Union.
                  The appropriate authorities of the Member States shall be notified without delay when the Commission has information about actions, including compensatory measures, confirming that the equivalency of relevant security standards applied by the third country or other country or territory concerned is re-established.’;

                  (2)

                  in Chapter 4, Attachment 4-B is replaced by the following:

                     ‘ATTACHMENT 4-B

                  PASSENGERS AND CABIN BAGGAGE

                     THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF PART THREE OF THAT TREATY DOES NOT APPLY, THAT ARE RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS ON CIVIL AVIATION SECURITY

                  As regards passengers and cabin baggage, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of Part Three of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards on civil aviation security:

                                 Canada

                                 Faroe Islands, in regard to Vagar airport

                                 Greenland, in regard to Kangerlussuaq airport

                                 Guernsey

                                 Isle of Man

                                 Jersey

                                 Montenegro

                                 Republic of Singapore, in regard to Singapore Changi Airport

                                 United States of America

                        The Commission shall notify without delay the appropriate authorities of the Member States if it has information indicating that security standards applied by the third country or other country or territory concerned with a significant impact on overall levels of aviation security in the Union are no longer equivalent to the common basic standards of the Union.
                  The appropriate authorities of the Member States shall be notified without delay when the Commission has information about actions, including compensatory measures, confirming that the equivalency of relevant security standards applied by the third country or other country or territory concerned is re-established.’;

                  (3)

                  in Chapter 5, Attachment 5-A is replaced by the following:

                     ‘ATTACHMENT 5-A

                  HOLD BAGGAGE

                     THIRD COUNTRIES, AS WELL AS OTHER COUNTRIES AND TERRITORIES TO WHICH, IN ACCORDANCE WITH ARTICLE 355 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, TITLE VI OF PART THREE OF THAT TREATY DOES NOT APPLY, THAT ARE RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS ON CIVIL AVIATION SECURITY

                  As regards hold baggage, the following third countries, as well as other countries and territories to which, in accordance with Article 355 of the Treaty on the Functioning of the European Union, Title VI of Part Three of that Treaty does not apply, have been recognised as applying security standards equivalent to the common basic standards on civil aviation security:

                                 Canada

                                 Faroe Islands, in regard to Vagar airport

                                 Greenland, in regard to Kangerlussuaq airport

                                 Guernsey

                                 Isle of Man

                                 Jersey

                                 Montenegro

                                 Republic of Singapore, in regard to Singapore Changi Airport

                                 United States of America

                        The Commission shall notify without delay the appropriate authorities of the Member States if it has information indicating that security standards applied by the third country or other country or territory concerned with a significant impact on overall levels of aviation security in the Union are no longer equivalent to the common basic standards of the Union.
                  The appropriate authorities of the Member States shall be notified without delay when the Commission has information about actions, including compensatory measures, confirming that the equivalency of relevant security standards applied by the third country or other country or territory concerned is re-established.’.


title: Commission Implementing Regulation (EU) 2018/56 of 12 January 2018 amending Implementing Regulation (EU) No 908/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency

text:
                  13.1.2018

                  EN

                  Official Journal of the European Union

                  L 10/9

            COMMISSION IMPLEMENTING REGULATION (EU) 2018/56
      of 12 January 2018
      amending Implementing Regulation (EU) No 908/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Articles 9(2), 36(6), 53(1) and 57(2) and Articles 104 and 114 thereof,
      Whereas:

                  (1)

                  In accordance with Article 7(3) of Commission Implementing Regulation (EU) No 908/2014 (2), the certification body may use an integrated sampling approach when performing substantive testing of expenditure. Following the experience with the application of that Article in the first two years, it is appropriate to clarify what it is meant by an integrated sampling approach when pursuing the different audit objectives as referred to in Article 9 of Regulation (EU) No 1306/2013.

                  (2)

                  Article 41 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (3) sets the limit for each declaration of expenditure of the paying agencies containing payment requests related to financial instruments at maximum of 25 % of the total amount of programme contributions committed to the financial instrument. Article 22(1)(a) of Implementing Regulation (EU) No 908/2014 provides that the quarterly declaration is to specify the amount of eligible public expenditure actually paid by the paying agency during each quarter in accordance with paragraph 2 of that Article. The amounts paid by the paying agency in the framework of financial instruments should be declared to the Commission respecting the limit of 25 % and provided that the corresponding implementation milestone has been achieved. The first declaration to the Commission within the 25 % limit is to be initiated by the signature of the funding agreement and the subsequent payment to the financial instrument. Subsequent tranches are to be declared to the Commission upon achievement of the corresponding disbursement rate, in accordance with Article 41 of Regulation (EU) No 1303/2013. In the case of the European Agricultural Fund for Rural Development (‘EAFRD’) that means that the paying agency can only declare 25 % of the total planned contribution per quarter. It therefore appears that the rules laid down in Article 22(1) and (2) of Implementing Regulation (EU) No 908/2014 are not suitable for the way the financial instruments are to be managed between the Member States and the Commission in accordance with Regulation (EU) No 1303/2013 and need to be amended accordingly.

                  (3)

                  In order to alleviate the administrative burden of the Member States when pursuing recoveries, experience shows that a threshold for not recovering interest should be established.

                  (4)

                  Article 30(2) of Implementing Regulation (EU) No 908/2014 provides that the documents and accounting information used for the purpose of the clearance of accounts are to be sent to the Commission both in hard copy together with an electronic copy. In order to ease the administrative burden for the Member States and the Commission, to streamline the analysis of the documents and to mitigate the risk of inconsistencies in the data used, Member States should be required to submit electronic documents only, with the use of the electronic signature. That requirement should be also reflected in the text of the management declaration set out in Annex I to that Implementing Regulation. In order to avoid any delays in the transmission of the documents in case of technical difficulties related to the implementation of the electronic signature, it should be possible, for the first year of application of the new requirement, to allow the possibility to submit signed documents transmitted in electronic form.

                  (5)

                  In accordance with Article 31(1) of Implementing Regulation (EU) No 908/2014, the form and content of the accounting information referred to in Article 30(1)(c) of that Implementing Regulation and the way it is to be forwarded to the Commission are to be those provided in accordance with Commission Implementing Regulation (EU) 2017/1758 (4). Experience shows that the form and content of the accounting information need to be amended every year with the related administrative burden and risk of delays. For reasons of simplification and in order to allow for the timely fixing of the related technical specifications, it is therefore appropriate to allow that, as of financial year 2019, the models and related technical specifications for the accounting information should be made available, and updated by the Commission, after having informed the Committee on the Agricultural Funds prior to the beginning of each financial year. It is also appropriate to lay down the general requirements for those technical specifications.

                  (6)

                  Article 34(2) of Implementing Regulation (EU) No 908/2014 provides that, when the Commission considers that expenditure was not effected in accordance with the Union rules, it is to communicate the findings to the Member State concerned and the communication schedules also a bilateral meeting within four months after expiry of the period for reply by the Member State. During this time period certain administrative steps are necessary, such as translation of the reply from the Member State, Commission analysis of the elements put forward by the Member State, preparation of the invitation to the bilateral meeting in the national language of the Member State and preparation of the meeting. Experience of the last two years shows that the four-month period is in most cases insufficient to lead to effective meetings. In order to allow for a better preparation of the bilateral meeting, the time period within which the meeting should be held should be prolonged to five months. Such prolongation will be applicable only to enquiries for which the communication pursuant to that Article 34(2) has not yet been sent at the moment of entry into force of this Regulation to avoid any disruption to on-going enquiries.

                  (7)

                  The third subparagraph of Article 34(3) of Implementing Regulation (EU) No 908/2014 requires the Commission to communicate its conclusions to the Member State within six months after sending the minutes of the bilateral meeting. The deadline is specified only in relation to the minutes of the bilateral meeting meaning that a bilateral meeting has taken place. That Implementing Regulation does not explicitly define a deadline for sending the communication in case a Member State considered that a bilateral meeting is not required. That provision should therefore be clarified in this regard and fix a starting point for the six-month period when no bilateral meeting was required.

                  (8)

                  Article 34(9) of Implementing Regulation (EU) No 908/2014 provides that in duly justified cases the time period referred to in paragraphs 3, 4 and 5 of that Article may be extended. Article 34(2) of that Implementing Regulation provides for a time period for the bilateral meeting to take place and it may happen that in duly justified cases, a need exists to extend that time period. Article 34(9) of that Implementing Regulation should therefore be amended accordingly.

                  (9)

                  Pursuant to Article 111(1) of Regulation (EU) No 1306/2013, Member States are to publish information on the beneficiaries of the European Agricultural Guarantee Fund (‘EAGF’) and EAFRD, including, inter alia, the amount of the payment received for each measure financed by those funds in the financial year concerned and the nature and the description of each measure. Article 57 of Implementing Regulation (EU) No 908/2014 specifies the details that are to be published in relation to those measures and refers to Annex XIII to that Implementing Regulation, which contains a list of the measures concerned.

                  (10)

                  Annex XIII to Implementing Regulation (EU) No 908/2014 should be amended in order to take into consideration that also the exceptional measures necessary to address the market situation on the basis of Articles 220(1) and 221(1) and (2) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (5) should be included among the measures listed in that Annex. Those exceptional measures are considered as measures supporting agricultural markets in accordance with Article 4(1)(a) of Regulation (EU) No 1306/2013. Therefore, it is appropriate to amend point 10 of Annex XIII to Implementing Regulation (EU) No 908/2014. Moreover, the aid to the silkworm sector mentioned in point 3 in the list of that Annex is no longer applicable taking into consideration that Article 111 of Council Regulation (EC) No 1234/2007 (6) has been repealed by Regulation (EU) No 1308/2013 with effect from 1 January 2014 and that all related financial commitments and payments to beneficiaries have now ended. The reference to the aid to the silkworm sector should be therefore deleted from that list.

                  (11)

                  Implementing Regulation (EU) No 908/2014 should therefore be amended accordingly.

                  (12)

                  The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds,

            HAS ADOPTED THIS REGULATION:
      Article 1
      Implementing Regulation (EU) No 908/2014 is amended as follows:

                  (1)

                  in Article 7(3), the fourth sentence is replaced by the following:
                  ‘As regards substantive testing, including the sampling methods, the certification bodies may apply dual-purpose testing between audit objectives.’;

                  (2)

                  in Article 22(2), the following third subparagraph is added:
                  ‘As regards financial instruments set up in accordance with Article 38(1)(b) of Regulation (EU) No 1303/2013, the expenditure shall be declared in respect of the reference periods referred to in the first subparagraph once the conditions for each subsequent application for interim payment as laid down in Article 41(1) of that Regulation are met.’;

                  (3)

                  in Article 27(1), the following sentence is added:
                  ‘Member States may decide not to recover the interest when the amount of interest does not exceed EUR 5.’;

                  (4)

                  in Article 30, paragraph 2 is replaced by the following:
                  ‘2.   The documents and the accounting information referred to in paragraph 1 shall be sent to the Commission by 15 February at the latest of the year following the end of the financial year to which they relate. The documents referred to in points (a), (b) and (d) of that paragraph shall be submitted electronically in accordance with the format and under the conditions established by the Commission pursuant to Article 24.
                  Those documents shall bear a compulsory electronic signature within the meaning of Regulation (EU) No 910/2014 of the European Parliament and of the Council (*1). For the documents related to financial year 2017, the Commission may accept signed documents transmitted in electronic form.

                     (*1)  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’;"

                  (5)

                  in Article 31, paragraph 1 is replaced by the following:
                  ‘1.   The form and content of the accounting information referred to in Article 30(1)(c) shall be made available by the Commission to Member States by way of models through information systems.
                  The models and the related technical specifications for the accounting information shall be made available, and updated by the Commission, after having informed the Committee on the Agricultural Funds, prior to the beginning of each financial year.
                  The technical specifications shall include:

                              (a)

                              the yearly data requirements for the individual accounting information (X Table);

                              (b)

                              the specification for the transfer of the computer files concerning EAGF and EAFRD expenditure;

                              (c)

                              the data field descriptions (aide-memoire);

                              (d)

                              the structure of the EAFRD budget codes.’;

                  (6)

                  Article 34 is amended as follows:

                              (a)

                              In paragraph 2, the first subparagraph is replaced by the following:
                              ‘When, as a result of any inquiry, the Commission considers that expenditure was not effected in compliance with Union rules, it shall communicate its findings to the Member State concerned, specifying the corrective measures needed to ensure future compliance with those rules, and indicating the provisional level of financial correction which at that stage of the procedure it considers corresponds to its findings. That communication shall also schedule a bilateral meeting within five months after expiry of the period for reply by the Member State. The communication shall make reference to this Article.’;

                              (b)

                              in paragraph 3, the following fourth subparagraph is added:
                              ‘If a Member State notifies the Commission that a bilateral meeting is not required, the six-month period starts from the date of receipt by the Commission of the notification.’;

                              (c)

                              paragraph 9 is replaced by the following:
                              ‘9.   In duly justified cases to be notified to the Member State concerned, the Commission may extend the time periods set out in paragraphs 2 to 5.’;

                  (7)

                  Annex I is replaced by the text of the Annex to this Regulation;

                  (8)

                  Annex XIII is amended as follows:

                              (a)

                              point 3 is deleted;

                              (b)

                              point 10 is replaced by the following:

                                          ‘10.

                                          The measures granted under Articles 219(1), 220(1) and 221(1) and (2) of Regulation (EU) No 1308/2013 as measures supporting agricultural markets in accordance with Article 4(1)(a) of Regulation (EU) No 1306/2013.’

            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.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 12 January 2018.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 347, 20.12.2013, p. 549.

         (2)  Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency (OJ L 255, 28.8.2014, p. 59).

         (3)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

         (4)  Commission Implementing Regulation (EU) 2017/1758 of 27 September 2017 laying down form and content of the accounting information to be submitted to the Commission for the purpose of the clearance of the accounts of the EAGF and the EAFRD as well as for monitoring and forecasting purposes (OJ L 250, 28.9.2017, p. 1).

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

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

         ANNEX
         ‘
               ANNEX I

                  MANAGEMENT DECLARATION

               (Article 3)
               I, …, Director of the … Paying Agency, present the accounts for this Paying Agency for the financial year 16.10.xx to 15.10.xx+1.
               I declare, based on my own judgement and on the information at my disposal, including, inter alia, the results of work of the internal audit service, that:

                           —

                           the accounts presented and submitted in electronic format give, to the best of my knowledge, a true, complete and accurate view of the expenditure and receipts for the financial year referred to above. In particular, all debts, advances, guarantees and stocks known to me have been recorded in the accounts, and all receipts collected relating to the EAGF and the EAFRD have been properly credited to the appropriate funds,

                           —

                           I have put in place a system which provides reasonable assurance on the legality and regularity of the underlying transactions, including that the eligibility of demands and, for rural development, the procedure for attributing aid, are managed, controlled and documented in conformity with Union rules.

                     The expenditure entered in the accounts was used for its intended purpose, as defined in Regulation (EU) No 1306/2013.
               Furthermore, I confirm that effective and proportionate anti-fraud measures under Article 58 of Regulation (EU) No 1306/2013 are in place and take account of the risks identified.
               That assurance is, however, subject to the following reservations:
               Finally, I confirm that I am not aware of any undisclosed matter which could be damaging to the financial interest of the Union.
               Signature
            ’