title: Commission Implementing Regulation (EU) No 107/2012 of 8 February 2012 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance octenidine dihydrochloride  Text with EEA relevance

text:
               9.2.2012

               EN

               Official Journal of the European Union

               L 36/25

         COMMISSION IMPLEMENTING REGULATION (EU) No 107/2012
   of 8 February 2012
   amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance octenidine dihydrochloride
   (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 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,
   Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,
   Whereas:

               (1)

               The maximum residue limit for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry should be established in accordance with Regulation (EC) No 470/2009.

               (2)

               Pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin are set out in the Annex to Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (2).

               (3)

               An application for the establishment of maximum residue limits (hereinafter ‧MRL‧) for octenidine dihydrochloride for cutaneous use in all mammalian food-producing species has been submitted to the European Medicines Agency.

               (4)

               The Committee for Medicinal Products for Veterinary Use has recommended that there is no need to establish an MRL for octenidine dihydrochloride in all mammalian food-producing species, for cutaneous use only.

               (5)

               Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended to include the substance octenidine dihydrochloride for cutaneous use in all mammalian food-producing species.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 February 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 152, 16.6.2009, p. 11.

      (2)  OJ L 15, 20.1.2010, p. 1.

      ANNEX
      In Table 1 of the Annex to Regulation (EU) No 37/2010, the following substance is inserted in alphabetical order:

                     Pharmacologically active Substance

                     Marker residue

                     Animal Species

                     MRL

                     Target Tissues

                     Other Provisions (according to Article 14(7) of Regulation (EC) No 470/2009)

                     Therapeutic Classification

                     ‧Octenidine dihydrochloride

                     Not applicable

                     All mammalian food-producing species

                     No MRL required

                     Not applicable

                     For cutaneous use only.

                     Anti-infectious agents/Antiseptics‧


title: Commission Implementing Regulation (EU) No 642/2011 of 30 June 2011 fixing the import duties in the cereals sector applicable from 1 July 2011

text:
               1.7.2011

               EN

               Official Journal of the European Union

               L 173/5

         COMMISSION IMPLEMENTING REGULATION (EU) No 642/2011
   of 30 June 2011
   fixing the import duties in the cereals sector applicable from 1 July 2011
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
   Whereas:

               (1)

               Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

               (2)

               Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

               (3)

               Pursuant to Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

               (4)

               Import duties should be fixed for the period from 1 July 2011 and should apply until new import duties are fixed and enter into force,

         HAS ADOPTED THIS REGULATION:
   Article 1
   From 1 July 2011, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
   Article 2
   This Regulation shall enter into force on 1 July 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 June 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 187, 21.7.2010, p. 5.

      ANNEX I

         Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 July 2011

                  CN code

                  Description

                  Import duties (1)

                  (EUR/t)

                  1001 10 00

                  Durum wheat, high quality

                  0,00

                  medium quality

                  0,00

                  low quality

                  0,00

                  1001 90 91

                  Common wheat seed

                  0,00

                  ex 1001 90 99

                  High quality common wheat, other than for sowing

                  0,00

                  1002 00 00

                  Rye

                  0,00

                  1005 10 90

                  Maize seed, other than hybrid

                  0,00

                  1005 90 00

                  Maize, other than seed (2)

                  0,00

                  1007 00 90

                  Grain sorghum, other than hybrids for sowing

                  0,00

         (1)  For goods arriving in the Union via the Atlantic Ocean or via the Suez Canal the importer may benefit, persuant to Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

                  —

                  3 EUR/t, where the port of unloading is on the Mediterranean Sea, or on the Black Sea,

                  —

                  2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom, or on the Atlantic coast of the Iberian peninsula.

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

      ANNEX II

         Factors for calculating the duties laid down in Annex I

      16.6.2011-29.6.2011

                  1.

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

                              (EUR/t)

                              Common wheat (1)

                              Maize

                              Durum wheat, high quality

                              Durum wheat, medium quality (2)

                              Durum wheat, low quality (3)

                              Barley

                              Exchange

                              Minnéapolis

                              Chicago

                              —

                              —

                              —

                              —

                              Quotation

                              236,80

                              189,82

                              —

                              —

                              —

                              —

                              Fob price USA

                              —

                              —

                              413,89

                              403,89

                              383,89

                              173,72

                              Gulf of Mexico premium

                              —

                              16,29

                              —

                              —

                              —

                              —

                              Great Lakes premium

                              80,11

                              —

                              —

                              —

                              —

                              —

                  2.

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

                              Freight costs: Gulf of Mexico–Rotterdam:

                              18,42 EUR/t

                              Freight costs: Great Lakes–Rotterdam:

                              47,52 EUR/t

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

         (2)  Discount of 10 EUR/t (Article 5(3) of Regulation (EU) No 642/2010).

         (3)  Discount of 30 EUR/t (Article 5(3) of Regulation (EU) No 642/2010).


title: Council Implementing Regulation (EU) 2016/556 of 11 April 2016 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

text:
               12.4.2016

               EN

               Official Journal of the European Union

               L 96/3

         COUNCIL IMPLEMENTING REGULATION (EU) 2016/556
   of 11 April 2016
   implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to Council Regulation (EU) No 359/2011 of 12 April 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (1), and in particular Article 12(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 April 2011, the Council adopted Regulation (EU) No 359/2011.

               (2)

               On the basis of a review of Council Decision 2011/235/CFSP (2), the Council has decided that the restrictive measures set out therein should be renewed until 13 April 2017.

               (3)

               The Council has also concluded that the entries concerning certain persons included in Annex I to Regulation (EU) No 359/2011 should be updated.

               (4)

               Furthermore, there are no longer grounds for keeping two persons on the list of persons and entities subject to restrictive measures set out in Annex I to Regulation (EU) No 359/2011, and therefore the entries concerning them should be deleted.

               (5)

               Annex I to Regulation (EU) No 359/2011 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EU) No 359/2011 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 Luxembourg, 11 April 2016.

            For the Council

            The President

         M.H.P. VAN DAM

      (1)  OJ L 100, 14.4.2011, p. 1.

      (2)  Council Decision 2011/235/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ L 100, 14.4.2011, p. 51).

      ANNEX

                  (1)

                  The entries for the following persons are deleted from the list set out in Annex I to Regulation (EU) No 359/2011:

                              5.

                              HAMEDANI Hossein

                              71.

                              SHARIFI Malek Ajdar

                  (2)

                  The entries for the following persons as set out in Annex I to Regulation (EU) No 359/2011 are replaced by the following entries:

                     Persons

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              1.

                              AHMADI- MOQADDAM Esmail

                              POB: Tehran (Iran) —
                              DOB: 1961

                              Senior Advisor for Security Affairs to the Chief of the Armed Forces General Staff. Former Chief of Iran's National Police until early 2015. Forces under his command led brutal attacks on peaceful protests, and a violent night-time attack on the dormitories of Tehran University on 15 June 2009.

                              2.

                              ALLAHKARAM Hossein

                              POB: Najafabad (Iran) —
                              DOB: 1945

                              Ansar-e Hezbollah Chief and Colonel in the IRGC. He co-founded Ansar-e Hezbollah. Under his leadership, this paramilitary force was responsible for extreme violence during crackdown against students and universities in 1999, 2002 and 2009.

                              4.

                              FAZLI Ali

                              Deputy Commander of the Basij, former Head of the IRGC's Seyyed al-Shohada Corps, Tehran Province (until February 2010). The Seyyed al-Shohada Corps is in charge of security in Tehran province and played a key role under his responsibility in brutal repression of protesters in 2009.

                              8.

                              MOTLAGH Bahram Hosseini

                              Head of the Army Command and General Staff College (DAFOOS). Former Head of the IRGC's Seyyed al-Shohada Corps, Tehran Province. Under his responsibility, the Seyyed al-Shohada Corps played a key role in organising the repression of protests.

                              10.

                              RADAN Ahmad-Reza

                              POB: Isfahan (Iran) —
                              DOB:1963

                              He is in charge of the Centre for Strategic Studies of the Iranian Law Enforcement Force, a body linked to the National Police. Former Head of the Police Strategic Studies Centre, former Deputy Chief of Iran's National Police until June 2014. As Deputy Chief of National Police from 2008, Radan was responsible for beatings, murder, and arbitrary arrests and detentions against protestors that were committed by the police forces.

                              12.4.2011

                              14.

                              SHARIATI Seyeed Hassan

                              Advisor and Member of the 28th Section of the Supreme Court. Former Head of Mashhad Judiciary until September 2014. Trials under his supervision have been conducted summarily and inside closed sessions, without adherence to basic rights of the accused, and with reliance on confessions extracted under pressure and torture. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures.

                              12.4.2011

                              16.

                              HADDAD Hassan (alias Hassan ZAREH DEHNAVI)

                              Deputy Safety Officer of Teheran Revolutionary Court. Former Judge, Tehran Revolutionary Court, branch 26. He was in charge of the detainee cases related to the post election crises and regularly threatened families of detainees in order to silence them. He has been instrumental in issuing detention orders to the Kahrizak Detention Centre. In November 2014, his role in the deaths of detainees was officially recognised by the Iranian authorities.

                              12.4.2011

                              17.

                              SOLTANI Hodjatoleslam Seyed Mohammad

                              Head of the Organisation for Islamic Propaganda in the province of Khorasan-Razavi. Former Judge, Mashhad Revolutionary Court. Trials under his jurisdiction have been conducted summarily and inside closed session, without adherence to basic rights of the accused. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures.

                              23.

                              PIR-ABASSI Abbas

                              Former Judge, Tehran Revolutionary Court, branch 26. Likely to be currently in a process of reassignment to another function. He was in charge of post-election cases, issued long prison sentences during unfair trials against human rights activists and has issued several death sentences for protesters.

                              12.4.2011

                              24.

                              MORTAZAVI Amir

                              Deputy head of the Unit for Social Affairs and Crime Prevention at the judiciary in the province of Khorasan-Razavi. Former Deputy Prosecutor of Mashhad. Trials under his prosecution have been conducted summarily and inside closed session, without adherence to basic rights of the accused. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures.

                              26.

                              SHARIFI Malek Adjar

                              Judge at the Supreme Court. Former Head of East Azerbaidjan Judiciary. He was responsible for Sakineh Mohammadi- Ashtiani's trial.

                              34.

                              AKBARSHAHI Ali-Reza

                              Director-General of Iran's Drug Control Headquarters (a.k.a. Anti-Narcotics Headquarters). Former Commander of Tehran Police. Under his leadership, the police force was responsible for the use of extrajudicial force on suspects during arrest and pre-trial detention. The Tehran police were also implicated in raids on Tehran university dorms in June 2009, when according to an Iranian Majlis commission, more than 100 students were injured by the police and Basij.

                              10.10.2011

                              40.

                              HABIBI Mohammad Reza

                              Former Deputy Prosecutor of Isfahan. Likely to be currently in a process of reassignment to another function. Complicit in proceedings denying defendants a fair trial — such as Abdollah Fathi executed in May 2011 after his right to be heard and mental health issues were ignored by Habibi during his trial in March 2010. He is, therefore, complicit in a grave violation of the right to due process, contributing to the excessive and increasing use of the death penalty and a sharp increase in executions since the beginning of 2011.

                              10.10.2011

                              43.

                              JAVANI Yadollah

                              POB: Isfahan —
                              DOB: 1956

                              Advisor to the Supreme Leader's representative to the IRGC. He regularly speaks out on media as a representative of the hard-line side of the regime. He was one of the first high-ranking officials to demand Moussavi, Karroubi and Khatami's arrest. He has repeatedly supported the use of violence and harsh interrogation tactics against post-election protesters (justifying TV-recorded confessions), including ordering the extrajudicial maltreatment of dissidents through publications circulated to the IRGC and Basij.

                              10.10.2011

                              50.

                              OMIDI Mehrdad

                              Head of the Intelligence Services within the Iranian Police. Former Head of the Computer Crimes Unit of the Iranian Police. He is responsible for thousands of investigations and indictments of reformists and political opponents using the internet. He is thus responsible for grave human rights violations in the repression of persons who speak out in defence of their legitimate rights, including freedom of expression.

                              10.10.2011

                              59.

                              BAKHTIARI Seyyed Morteza

                              POB: Mashad (Iran) —
                              DOB: 1952

                              Official of the Special Clerical Tribunal. Former Minister of Justice from 2009 to 2013.
                              During his time as Minister of Justice, prison conditions within Iran fell well below accepted international standards, and there was widespread mistreatment of prisoners. In addition, he played a key role in threatening and harassing the Iranian diaspora by announcing the establishment of a special court to deal specifically with Iranians who live outside the country. He also oversaw a sharp increase in the number of executions in Iran, including secret executions not announced by the government, and executions for drug-related offences.

                              10.10.2011

                              61.

                              MOSLEHI Heydar
                              (Aka: MOSLEHI Heidar; MOSLEHI Haidar)

                              POB: Isfahan (Iran) —
                              DOB: 1956

                              Advisor of Supreme Jurisprudence in the IRGC. Head of the organization for publications on the role of the clergy at war. Former Minister of Intelligence (2009-2013).
                              Under his leadership, the Ministry of Intelligence continued the practices of widespread arbitrary detention and persecution of protesters and dissidents. The Ministry of Intelligence runs Ward 209 of Evin Prison, where many activists have been held on account of their peaceful activities in opposition to the government in power. Interrogators from the Ministry of Intelligence have subjected prisoners in Ward 209 to beatings and mental and sexual abuse.

                              10.10.2011

                              62.

                              ZARGHAMI Ezzatollah

                              POB: Dezful (Iran) —
                              DOB: 22 July 1959

                              Member of the Supreme Cyberspace Council and Cultural Revolution Council. Former Head of Islamic Republic of Iran Broadcasting (IRIB) until November 2014. Under his tenure at IRIB, He was responsible for all programming decisions. IRIB has broadcast forced confessions of detainees and a series of ‘show trials’ in August 2009 and December 2011. These constitute a clear violation of international provisions on fair trial and the right to due process.

                              23.3.2012

                              63.

                              TAGHIPOUR Reza

                              POB: Maragheh (Iran) —
                              DOB: 1957

                              Member of the Supreme Cyberspace Council. Member of the City Council of Teheran. Former Minister for Information and Communications (2009-2012).
                              As Minister for Information, he was one of the top officials in charge of censorship and control of internet activities and also all types of communications (in particular mobile phones). During interrogations of political detainees, the interrogators make use of the detainees' personal data, mail and communications. On several occasions following the 2009 presidential election and during street demonstrations, mobile lines and text messaging were blocked, satellite TV channels were jammed and the internet locally suspended or at least slowed down.

                              23.3.2012

                              64.

                              KAZEMI Toraj

                              Chief of the EU-designated Center to Investigate Organized Crime (a.k.a.: Cyber Crime Office or Cyber Police). In this capacity, he announced a campaign for the recruitment of government hackers in order to achieve better control of information on the internet and attack ‘dangerous’ sites.

                              23.3.2012

                              69.

                              MORTAZAVI Seyyed Solat

                              POB: Farsan, Tchar Mahal-o-Bakhtiari (South) — (Iran) —
                              DOB: 1967

                              Mayor of the second largest city of Iran, Mashad, where public executions regularly happen. Former Deputy Interior Minister for Political Affairs. He was responsible for directing repression of persons who spoke up in defence of their legitimate rights, including freedom of expression. Later appointed as Head of the Iranian Election Committee for the parliamentarian elections in 2012 and for the presidential elections in 2013.

                              23.3.2012

                              73.

                              FAHRADI Ali

                              Prosecutor of Karaj. Responsible for grave violations of human rights, including prosecuting trials in which the death penalty is passed. There have been a high number of executions in Karaj region during his time as prosecutor for which he bears responsibility.

                              23.3.2012


title: Commission Implementing Regulation (EU) No 207/2014 of 4 March 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               5.3.2014

               EN

               Official Journal of the European Union

               L 65/29

      COMMISSION IMPLEMENTING REGULATION (EU) No 207/2014
   of 4 March 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, 4 March 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

                  MA

                  64,0

                  TN

                  96,6

                  TR

                  87,8

                  ZZ

                  82,8

                  0707 00 05

                  EG

                  182,1

                  JO

                  182,1

                  MA

                  176,8

                  TR

                  159,4

                  ZZ

                  175,1

                  0709 91 00

                  EG

                  51,3

                  ZZ

                  51,3

                  0709 93 10

                  MA

                  42,6

                  TR

                  89,7

                  ZZ

                  66,2

                  0805 10 20

                  EG

                  48,3

                  IL

                  66,7

                  MA

                  47,5

                  TN

                  45,8

                  TR

                  72,1

                  ZZ

                  56,1

                  0805 50 10

                  TR

                  69,0

                  ZZ

                  69,0

                  0808 10 80

                  CN

                  115,7

                  MK

                  25,2

                  US

                  150,2

                  ZZ

                  97,0

                  0808 30 90

                  AR

                  99,8

                  CL

                  200,9

                  CN

                  73,6

                  TR

                  156,2

                  US

                  120,7

                  ZA

                  100,0

                  ZZ

                  125,2

         (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) 2016/100 of 16 October 2015 laying down implementing technical standards specifying the joint decision process with regard to the application for certain prudential permissions pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance)

text:
               28.1.2016

               EN

               Official Journal of the European Union

               L 21/45

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/100
   of 16 October 2015
   laying down implementing technical standards specifying the joint decision process with regard to the application for certain prudential permissions pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (1), and in particular Article 20(8) thereof,
   Whereas:

               (1)

               When assessing the completeness of the application for certain prudential permissions, before deciding on whether or not to grant the permissions referred to in Article 20(1)(a) of Regulation (EU) No 575/2013, the consolidating supervisor and the relevant competent authorities should ensure timely and efficient mutual cooperation and develop a shared understanding on the receipt of a complete application or on the aspects of the application which are considered to be incomplete.

               (2)

               The consolidating supervisor should confirm to the applicant and the relevant competent authorities the date of receipt of the complete application to ensure clarity on the exact starting date of the 6-month period for reaching the joint decision and minimise the risks of possible disputes on this starting point.

               (3)

               The assessment of completeness of the application should be performed on the basis of the matters which the competent authorities are required to assess when deciding whether to grant the permission sought. The link between the assessment to be performed by the competent authorities and the information expected to be contained in the submitted applications is essential to improve the quality of the applications and ensures consistency across supervisory colleges both of the content of applications and of the assessment of completeness.

               (4)

               In order to ensure a consistent application of the process for reaching a joint decision, it is important that each step is well defined. A clearly outlined process facilitates timely information exchange, provides proportionate allocation and efficient management of supervisory resources, promotes mutual understanding, develops relationships of trust between supervisory authorities and promotes effective supervision.

               (5)

               The assessment of completeness of the application should not extend to the assessment of the application that competent authorities perform while developing their opinion on whether to grant the permission. The time allocated to each step of the joint decision process should therefore be proportionate to the complexity and scope of that step, bearing in mind that the time period for reaching a joint decision cannot be extended or suspended.

               (6)

               The consolidating supervisor should be in a position to assess whether and how the model for which permission is sought captures the exposures in jurisdictions outside the Union. In this context, interaction between competent authorities and third country supervisors should be promoted in order to enable competent authorities to develop a complete assessment of the performance of the model.

               (7)

               Timely and realistic planning for the joint decision process is essential. Every competent authority involved should provide the consolidating supervisor with its contribution in the joint decision in a timely and efficient way.

               (8)

               To ensure uniform condition of application, the steps to be followed for the performance of the assessment and the reaching of the joint decision should be established, recognising that some tasks of the process may be performed in parallel and others sequentially.

               (9)

               To facilitate the reaching of joint decisions, it is important that the competent authorities involved in the decision-making process engage in a dialogue with each other, in particular before finalising the joint decisions.

               (10)

               To ensure that an effective process is established, the consolidating supervisor should have ultimate responsibility for determining the steps to be followed for reaching a joint decision on approval of internal models.

               (11)

               Establishing clear provisions for the content of the joint decisions should ensure that joint decisions are fully reasoned and contribute to efficient monitoring of any terms and conditions.

               (12)

               In order to clarify the process to be followed once the joint decision is reached, provide transparency on the treatment of the outcome of the decision and facilitate appropriate follow-up actions where needed, standards regarding the communication of the joint decision should be established.

               (13)

               The timeline of the process for reaching a joint decision on applications for permissions which relate to material model extensions or changes and the division of work between the consolidating supervisor and relevant competent authorities should be proportionate to the scope of those material model extensions or changes.

               (14)

               The joint decision process under Article 20 of Regulation (EU) No 575/2013 includes the process to be followed where no joint decision is reached. To ensure uniform conditions of application of this aspect of the process and in particular to ensure the articulation of fully reasoned decisions and to clarify the treatment of any views and reservations expressed by relevant competent authorities, standards covering the timeline for taking decisions in the absence of a joint decision, and their communication should be established.

               (15)

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

               (16)

               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 (2),

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      SUBJECT MATTER AND DEFINITIONS

   Article 1
   Subject matter
   This Regulation specifies the joint decision process referred to in point (a) of Article 20(1) of Regulation (EU) No 575/2013 with regard to the applications for the permissions referred to in Article 143(1), Article 151(4) and (9), Article 283, Article 312(2), and Article 363 of that Regulation with a view to facilitating joint decisions.
   Article 2
   Definitions
   For the purposes of this Regulation, the following definitions shall apply:

               (1)

               ‘relevant competent authority’ means a competent authority, other than the consolidating supervisor, which is responsible for the supervision of subsidiaries, which participate in the submission of the joint application, of an EU parent institution or an EU parent financial holding company or an EU parent mixed financial holding company in a Member State and which is required to reach a joint decision in accordance with Article 20(2) of Regulation (EU) No 575/2013 on the application referred to in point (a) of Article 20(1) of that Regulation;

               (2)

               ‘applicant’ means an EU parent institution and its subsidiaries or the subsidiaries of an EU parent financial holding company or of an EU parent mixed financial holding company, which submit an application;

               (3)

               ‘assessment report’ means a report containing the assessment of an application in accordance with Article 6.

         CHAPTER II

      JOINT DECISION PROCESS

   Article 3
   Involvement of third country supervisory authorities in the assessment process
   1.   The consolidating supervisor may decide to involve third country supervisory authorities which participate in the supervisory college pursuant to Article 3(3) of Commission Delegated Regulation (EU) 2016/98 (3) in the assessment of applications submitted pursuant to Article 20(1)(a) of Regulation (EU) No 575/2013 where the applicant operates in that third country and intends to apply the methodologies concerned to exposures in that third country. In that case, both the consolidating supervisor and those authorities shall reach an agreement on the scope of involvement of the third country supervisory authorities for the following purposes:

               (a)

               providing the consolidating supervisor with their contribution to the assessment report prepared by the consolidating supervisor;

               (b)

               adding as annexes the contributions referred to in point (a) to the assessment report prepared by the consolidating supervisor.

         2.   Where the consolidating supervisor decides to involve supervisory authorities of third countries, the consolidating supervisor shall not provide the assessment reports prepared by any relevant competent authority to the third country supervisory authorities without the express consent of that relevant competent authority.
   3.   The consolidating supervisor shall keep the relevant competent authorities fully informed on the scope, level and nature of involvement of the third country supervisory authorities in the assessment process and the extent to which the assessment report prepared by the consolidating supervisor has benefited from their contributions.
   Article 4
   Assessment of the completeness of the application
   1.   Upon receipt of an application for a permission referred to in Article 143(1), Article 151(4) and (9), Article 283, Article 312(2) or Article 363 of Regulation (EU) No 575/2013 submitted by the applicant, the consolidating supervisor shall forward the application to the relevant competent authorities without undue delay, and in any case within 10 days.
   2.   The consolidating supervisor and the relevant competent authorities shall assess the completeness of the application within 6 weeks of receipt of the application by the consolidating supervisor.
   3.   An application shall be deemed complete if it contains all information needed by the competent authorities in order to assess the application in accordance with the requirements set out in Regulation (EU) No 575/2013 and in particular in Articles 143, 144, 151, 283, 312 and 363 of that Regulation.
   4.   The relevant competent authorities shall provide their assessment of the completeness of the application to the consolidating supervisor.
   5.   The assessment referred to in paragraph 4 shall indicate any elements of the application that are assessed as incomplete or missing.
   6.   Where a relevant competent authority does not provide its assessment of the completeness of the application to the consolidating supervisor within the period specified in paragraph 2, the relevant competent authority shall be deemed to consider the application complete.
   7.   Where the consolidating supervisor or any of the relevant competent authorities consider that the information provided in the application is incomplete, the consolidating supervisor shall inform the applicant of the aspects of the application which are considered to be incomplete or missing and shall provide to the applicant the opportunity to submit the missing information.
   8.   Where an applicant provides the missing information referred to in paragraph 7, the consolidating supervisor shall forward that information to the relevant competent authorities without undue delay, and in any case within 10 days from the receipt of that information.
   9.   The consolidating supervisor and the relevant competent authorities shall assess the completeness of the application taking into account the additional information within 6 weeks of receipt by the consolidating supervisor of that information in accordance with the procedure set out in paragraphs 3 to 6.
   10.   Where a complete application has previously been assessed as incomplete, the 6-month period referred to in point (a) of Article 20(2) of Regulation (EU) No 575/2013 shall be deemed to start on the date of receipt by the consolidating supervisor of the information that completed the application.
   11.   Upon an application being assessed as complete, the consolidating supervisor shall inform the applicant and the relevant competent authorities of that fact together with the date of receipt of the complete application or the date of receipt of the information that completed the application.
   12.   In any case, the consolidating supervisor or any of the relevant competent authorities may require the applicant to provide additional information for the purposes of evaluating the application and reaching a joint decision on the application.
   Article 5
   Planning of the steps of the joint decision process
   1.   Prior to the start of the joint decision process, the consolidating supervisor and the relevant competent authorities shall agree on a timetable of steps to be followed in the joint decision process and on the division of work. In case of disagreement, the consolidating supervisor shall set the timetable after considering the views and reservations expressed by the relevant competent authorities. The timetable shall be set within 6 weeks of receipt of a complete application. Upon finalisation, the timetable shall be forwarded by the consolidating supervisor to the relevant competent authorities.
   2.   The timetable shall include the date of receipt of the complete application pursuant to Article 4(9) and at least the following steps:

               (a)

               agreement on the timetable and the division of work between the consolidating supervisor and the relevant competent authorities;

               (b)

               agreement on the scope of involvement of third country supervisory authorities pursuant to Article 3;

               (c)

               dialogue between the consolidating supervisor, the relevant competent authorities and the applicant on the details of the application, where this is deemed as necessary by the consolidating supervisor and the relevant competent authorities;

               (d)

               submission of the assessment reports from the relevant competent authorities to the consolidating supervisor pursuant to Article 6(2);

               (e)

               dialogue on the assessment reports between the consolidating supervisor and the relevant competent authorities pursuant to Article 7(2);

               (f)

               preparation and submission of the draft joint decision from the consolidating supervisor to the relevant competent authorities pursuant paragraphs 3 and 4 of Article 7;

               (g)

               consultation on the draft joint decision with the applicant, where required by the legislation of a Member State;

               (h)

               dialogue between the consolidating supervisor and the relevant competent authorities on the draft joint decision pursuant to Article 7(4);

               (i)

               submission of the draft joint decision from the consolidating supervisor to the relevant competent authorities for agreement and reaching of the joint decision pursuant to Article 8;

               (j)

               communication of the joint decision to the applicant pursuant to Article 9.

         3.   The timetable shall fulfil all of the following requirements:

               (a)

               it shall be proportionate to the scope of the application;

               (b)

               it shall reflect the scope and complexity of each task performed by the relevant competent authorities and the consolidating supervisor, as well as the complexity of the institutions of the group to which the joint decision is to apply;

               (c)

               it shall take into account, so far as possible, the other activities being undertaken by the consolidating supervisor and the relevant competent authorities under the college supervisory examination programme referred to in Article 16 of Delegated Regulation (EU) 2016/98.

         4.   The division of work shall reflect the following:

               (a)

               the scope and complexity of the application;

               (b)

               the materiality of the scope of the application for each institution;

               (c)

               the type and location of the exposures or risks to which the application relates;

               (d)

               the extent to which exposures or risks assumed in a particular jurisdiction contribute to the materiality of changes or extensions of the models when assessed at the consolidated level;

               (e)

               the ability of the consolidating supervisor and each relevant competent authority to execute the necessary tasks to perform an assessment and give a fully reasoned opinion.

         For the purposes of point (c) of the first subparagraph, where the geographical location of exposures or risks is different from the location at which the exposures or risks are managed, credited or traded, the division of work shall establish separate responsibilities for the competent authorities of the Member State in which the exposures or risks are located, and for the competent authorities of the Member State in which those exposures or risks are managed, credited or traded.
   5.   The consolidating supervisor shall communicate to the applicant an indicative date for the dialogue referred to in point (c) of paragraph 2 and an estimated date for the communication referred to in point (i) of paragraph 2.
   6.   Where it becomes necessary to update the timetable or the division of work, the consolidating supervisor shall do so in consultation with the relevant competent authorities.
   Article 6
   Preparation of the assessment reports
   1.   The relevant competent authorities and the consolidating supervisor shall assess the application based on the division of work established in accordance with Article 5(1). Those assessments shall take a form of assessment reports.
   2.   Each relevant competent authority shall provide its assessment report to the consolidating supervisor by the date specified in the timetable pursuant to point (d) of Article 5(2).
   3.   Each assessment report shall include at least all of the following:

               (a)

               an opinion on whether or not the permission requested should be granted, based on the requirements set out in Article 143(1), Article 151(4) and (9), Article 283, Article 312(2), or Article 363 of Regulation (EU) No 575/2013, together with the reasoning to support the opinion;

               (b)

               terms and conditions, if any, to which such permission should be subject, including corresponding reasoning and a timetable for their fulfilment;

               (c)

               the assessments relating to the matters which competent authorities are required to assess in accordance with the requirements set out in Regulation (EU) No 575/2013 which relate to the permissions referred to in Articles 143, 144, 151, 283, 312 or 363 of that Regulation;

               (d)

               recommendations, if any, on remedying deficiencies revealed while evaluating the application and reaching a joint decision on the application.

         Article 7
   Preparation of the draft joint decision
   1.   Any assessment report referred to in Article 6 shall be communicated by the consolidating supervisor to a relevant competent authority, where that contribution is relevant to the assessment of that relevant competent authority.
   2.   The consolidating supervisor shall engage in dialogue, as referred to in the timetable pursuant to point (e) of Article 5(2), with the relevant competent authorities, based on the assessment reports prepared by the consolidating supervisor and the relevant competent authorities, with a view to preparing a draft joint decision.
   3.   The consolidating supervisor shall prepare a fully reasoned draft joint decision. The draft joint decision shall set out each of the following items:

               (a)

               the names of the consolidating supervisor and relevant competent authorities involved in the draft joint decision;

               (b)

               the name of the group of institutions and a list of all institutions within the group to which the draft joint decision relates and applies, together with details of the scope of application of the draft joint decision;

               (c)

               the references to the applicable Union and national law relating to the preparation, finalisation and application of the draft joint decision;

               (d)

               the date of the draft joint decision and of any relevant update thereto in case of material extensions or changes as referred to in Article 13;

               (e)

               an opinion on granting the permission requested based on the assessment reports referred to in Article 6;

               (f)

               where the opinion referred to in point (e) is to grant the permission requested, the date from which that permission is granted;

               (g)

               a brief description of the results of the assessments for each institution within the group;

               (h)

               any recommendations on remedying any deficiencies revealed while evaluating the application and reaching a joint decision on the application;

               (i)

               any terms and conditions to be met by the applicant, including corresponding reasoning, before using the permission referred to in Article 143(1), Article 151(4) and (9), Article 283, Article 312(2) or Article 363 of Regulation (EU) No 575/2013, where applicable;

               (j)

               the reference date to which points (g), (h) and (i) relate;

               (k)

               the timeline for fulfilling the terms and conditions referred to in point (i) or for addressing the recommendations referred to in point (h), where applicable;

               (l)

               the timeline for implementing the draft joint decision into respective national permissions, where applicable.

         4.   The consolidating supervisor shall provide the draft joint decision to the relevant competent authorities for the purposes of the dialogue referred to in point h of Article 5(2), where appropriate.
   Article 8
   Reaching of the joint decision
   1.   The consolidating supervisor shall revise the draft joint decision, as necessary, to reflect the conclusions of the dialogue referred to in Article 7(4), and draw up a final draft joint decision.
   2.   The consolidating supervisor shall send the final draft joint decision to the relevant competent authorities without undue delay and by the deadline specified in the timetable pursuant to Article 5(2)(i), setting them a deadline within which they are to provide their written agreement which may be sent by electronic means.
   3.   The relevant competent authorities receiving the final draft joint decision and not disagreeing with it shall provide to the consolidating supervisor their written agreement within the set deadline.
   4.   A joint decision shall be deemed as reached only when all relevant competent authorities have provided their written agreement.
   5.   The joint decision shall consist of the joint decision and the written agreements attached thereto. The joint decision shall be provided to all relevant competent authorities by the consolidating supervisor.
   Article 9
   Communication of the joint decision
   1.   The consolidating supervisor shall communicate the joint decision referred to in Article 8(5) to the applicant in accordance with Article 20(2) of Regulation (EU) No 575/2013, along with information on the implementation of the joint decision into respective national permissions, where appropriate, by the deadline specified in the timetable pursuant to point j of Article 5(2).
   2.   The consolidating supervisor shall confirm to the relevant competent authorities that it has communicated the joint decision to the applicant.
   3.   The consolidating supervisor and the relevant competent authorities shall discuss, where appropriate, the joint decision with the institutions which are established in their jurisdiction and are subject to the joint decision to explain the details of the decision and its application.
   CHAPTER III

      DISAGREEMENTS AND DECISIONS TAKEN IN THE ABSENCE OF A JOINT DECISION

   Article 10
   Decision process in the absence of joint decision
   1.   Where no agreement is reached within the time period referred in point a of Article 20(2) of Regulation (EU) No 575/2013, the consolidating supervisor shall at the request of any of the relevant competent authorities consult the European Banking Authority (EBA). The consolidating supervisor may consult the EBA on its own initiative
   2.   Where no joint decision is reached within the time period referred to in point a of Article 20(2) of Regulation (EU) No 575/2013, the decision of the consolidating supervisor referred to in the first subparagraph of Article 20(4) of that Regulation shall be evidenced in writing and shall be taken by the latest of the following dates:

               (a)

               one month after the expiry of the time period referred to in point (a) of Article 20(2) of Regulation (EU) No 575/2013, where none of the competent authorities concerned has referred the matter to EBA in accordance with the fourth subparagraph of Article 20(4) of that Regulation;

               (b)

               one month after the provision of any advice by the EBA pursuant to paragraph 1 of this Article where the consolidating supervisor has consulted the EBA within the time period referred to in point (a) of Article 20(2) of Regulation (EU) No 575/2013;

               (c)

               one month after any decision taken by the EBA in accordance with the fourth subparagraph of Article 20(4) of Regulation (EU) No 575/2013.

         3.   Where EBA has been consulted pursuant to paragraph 1, the consolidating supervisor's decision referred to in paragraph 2 shall include an explanation of any deviations from the EBA's advice.
   Article 11
   Drafting of the decisions taken in the absence of a joint decision
   The decision taken by the consolidating supervisor in the absence of a joint decision shall include all the items listed in Article 7(3), as appropriate.
   Article 12
   Communication of the decisions taken in the absence of joint decision
   The consolidating supervisor shall communicate its decision to the applicant and to the relevant competent authorities without delay in accordance with the third subparagraph of Article 20(4) of Regulation (EU) No 575/2013.
   CHAPTER IV

      UPDATE OF DECISIONS IN CASE OF MATERIAL MODEL EXTENSIONS OR CHANGES AND ENTRY INTO FORCE

   Article 13
   Material model extensions or changes
   1.   Where an application for permission relates to material model extensions or changes in accordance with Article 143(3), Article 151(4) or (9), Article 283, Article 312(2) or Article 363 of Regulation (EU) No 575/2013, the consolidating supervisor and the competent authorities responsible for the supervision of institutions that are affected by these material model extensions or changes shall work together, in full consultation, to decide whether or not to grant the permission sought in accordance with Article 20 of Regulation (EU) No 575/2013, following the process set out in Articles 3 to 9 of this Regulation.
   2.   The timetable of the joint decision process for granting permission on material extensions and changes shall fulfil all of the following requirements:

               (a)

               it shall be proportionate to the scope of the material model extensions or changes;

               (b)

               it shall be proportionate to the tasks and division of the work between the consolidating supervisor and the relevant competent authorities responsible for the supervision of institutions that are affected by these material model extensions or changes.

         For the purposes of point (b) of the first subparagraph, where an application concerns a material model extension or change which affects institutions established in only one Member State, the timing allocated to the consolidating supervisor in all aspects of the process under Articles 3 to 9 shall be kept to a minimum.
   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, 16 October 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 176, 27.6.2013, p. 1.

      (2)  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).

      (3)  Commission Delegated Regulation (EU) 2016/98 of 16 October 2015 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards for specifying the general conditions for the functioning of colleges of supervisors (see page 2 of this Official Journal).