title: Commission Implementing Regulation (EU) 2019/662 of 25 April 2019 extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for boat seines fishing for transparent goby (Aphia minuta), Ferrer's goby (Pseudaphia ferreri) and Lowbody picarel (Spicara smaris) in certain territorial waters of Spain (Balearic Islands)

text:
                  26.4.2019

                  EN

                  Official Journal of the European Union

                  L 112/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/662
         of 25 April 2019
         extending the derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for boat seines fishing for transparent goby (Aphia minuta), Ferrer's goby (Pseudaphia ferreri) and Lowbody picarel (Spicara smaris) in certain territorial waters of Spain (Balearic Islands)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (1), and in particular Article 13(5) thereof,
         Whereas:

                     (1)

                     Article 13(1) of Regulation (EC) No 1967/2006 prohibits the use of towed gears within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast.

                     (2)

                     At the request of a Member State, the Commission may allow derogation from Article 13(1) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(5) and (9) are fulfilled.

                     (3)

                     A derogation from the first subparagraph of Article 13(1) of that Regulation was granted until 6 December 2016 by Commission Implementing Regulation (EU) No 1233/2013 (2).

                     (4)

                     On 9 August 2016, the Spanish Authorities requested the Commission to extend the derogation beyond the end of the period of application of Regulation (EU) No 1233/2013. Spain provided up-to-date information justifying the extension of the derogation.

                     (5)

                     The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the derogation requested by Spain and the related draft management plan during its 53rd plenary session held in October 2016 (3).

                     (6)

                     STECF noted that the new draft management plan for 2016-2019 was significantly improved in comparison to the previous management plan adopted in 2013. However, STECF indicated certain aspects that required further justification and clarification, notably regarding the increase of flexibility of the fleet census; operation over Posidonia seagrass beds; separation of waters around Mallorca into two management areas; increase of seasonal TAC and extension of fishing season for picarel.

                     (7)

                     In light of the STECF evaluation, the Commission requested additional data and clarifications, which Spain submitted to the Commission on 19 June and 6 November 2017, together with a scientific study (4). Spain withdrew 2 proposals for modification of the management plan: separation of waters around Mallorca into two management areas and extension of the fishing season for picarel.

                     (8)

                     Spain adopted the management plan by Decree (5) in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

                     (9)

                     The extension of derogation requested by Spain complies with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006.

                     (10)

                     There are specific geographical constraints given the limited size of the continental shelf and the spatial distribution of the target species, which is exclusively limited to certain zones in the coastal areas at depths of less than 50 metres.

                     (11)

                     The boat seines fishery cannot be undertaken with other gears and has no significant impact on the marine environment. This fishery is selective, since the seines are hauled in the water column and do not touch the seabed.

                     (12)

                     The request covers vessels registered in the maritime census managed by the Directorate-General for Fisheries and Marine Environment of the Balearic Islands which have a track record in the fishery of more than five years and operate under the management plan regulating boat seines fishing for transparent goby (Aphia minuta), Ferrer's goby (Pseudaphia ferreri) and Lowbody picarel (Spicara smaris). Those vessels are included on the list communicated to the Commission in line with the requirements of Article 13(9) of Regulation (EC) No 1967/2006.

                     (13)

                     The derogation requested by Spain affects a limited number of 55 vessels.

                     (14)

                     The management plan guarantees no future increase in the fishing effort, as fishing authorisations will be issued only to specified 55 vessels and a total maximum ceiling of tonnage and power will be set.

                     (15)

                     The fishing activities concerned take place at a very short distance from the coast and therefore do not interfere with the activities of other vessels.

                     (16)

                     The fishing activities concerned fulfil the requirements of Article 4(1) of Regulation (EC) No 1967/2006 which, by way of derogation, allows fishing above protected habitats if fishing is operated without touching the seagrass bed under certain conditions.

                     (17)

                     Since the fishing activities concerned are selective, have a negligible effect on the environment and are not affected by provisions in Article 4(5) of Regulation (EC) No 1967/2006, they are eligible for the derogation to the minimum mesh size referred to in Article 9(7) of Regulation (EC) No 1967/2006. Therefore, the minimum mesh size rules set by Article 9(3) do not apply.

                     (18)

                     The requirements of Article 8(1)(h) of Regulation (EC) No 1967/2006 are not applicable since they relate to trawlers.

                     (19)

                     The activity of boat seines is regulated in the Spanish management plan to ensure that catches of species mentioned in Annex III to Regulation (EC) No 1967/2006 are minimal and that the fishing activities do not target cephalopods.

                     (20)

                     The Spanish management plan includes measures for the monitoring of fishing activities, in accordance with the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006 and with Articles 14 and 15 of Council Regulation (EC) No 1224/2009 (6)

                     (21)

                     The requested extension of derogation should therefore be granted.

                     (22)

                     Spain should report to the Commission in due time and in accordance with the monitoring plan provided for in the Spanish management plan.

                     (23)

                     The duration of the extension of derogation should be limited in order to allow prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock, while providing scope to improve the scientific basis for an improved management plan.

                     (24)

                     Since the derogation granted by Implementing Regulation (EU) No 1233/2013 expired on 6 December 2016, this Regulation should apply from 6 December 2016.

                     (25)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Derogation
            Article 13(1) of Regulation (EC) No 1967/2006 shall not apply in territorial waters of Spain adjacent to the coast of the Autonomous Community of the Balearic Islands, to fishing for transparent goby (Aphia minuta), Ferrer's goby (Pseudaphia ferreri) and Lowbody picarel (Spicara smaris) by boat seines which are used by vessels:

                        (a)

                        registered in the maritime census managed by the Directorate-General for Fisheries and Marine Environment of the Balearic Islands;

                        (b)

                        having a track record in the fishery of more than five years and not involving any future increase in the fishing effort provided; and

                        (c)

                        holding a fishing authorisation and operating under the management plan adopted by Spain in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

            Article 2
            Monitoring plan and reporting
            Spain shall communicate to the Commission, by June 2019, a report drawn up in accordance with the monitoring plan established in the management plan referred to in Article 1(c).

            Article 3
            Entry into force and period of application
            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 December 2016 until 31 December 2019.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 25 April 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 409, 30.12.2006, p. 11.

            (2)  Commission Implementing Regulation (EU) No 1233/2013 of 29 November 2013 establishing a derogation from Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for boat seines fishing for transparent and Ferrer's gobies (Aphia minuta and Pseudaphia ferreri) and Lowbody picarel (Spicara smaris) in certain territorial waters of Spain (Balearic Islands) (OJ L 322, 3.12.2013, p. 17).

            (3)  STECF 53rd plenary meeting report (PLEN-16-03, JRC103924): https://stecf.jrc.ec.europa.eu/reports/plenary

            (4)  Study on boat seines fishing with ‘gerretera’ gear in the Ibiza Island, 30.5.2017 (Estudio de la pesca de ‘gerret’ con artes de tirada en la Isla de Ibiza, 30.5.2017)

            (5)  Decreto 19/2019, de 15 de marzo, por el que se establece el Plan de Gestión Pluriinsular para la Pesca con Artes de Tiro Tradicionales en aguas de las Illes Balears (BOIB No 035, 16.3.2019, p. 9442).

            (6)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).


title: Commission Implementing Regulation (EU) 2019/663 of 25 April 2019 amending for the 300th 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:
                  26.4.2019

                  EN

                  Official Journal of the European Union

                  L 112/19

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/663
         of 25 April 2019
         amending for the 300th 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 17 April 2019, the Sanctions Committee of the United Nations Security Council decided to amend one entry in the list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

                     (3)

                     On 22 April 2019, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

                     (4)

                     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, 25 April 2019.

                  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 Council Regulation (EC) No 881/2002 is amended as follows:

                        (1)

                        The identifying data for the following entry under the heading ‘Natural persons’ is amended as follows: ‘Zulkarnaen (alias (a) Zulkarnan, (b) Zulkarnain, (c) Zulkarnin, (d) Arif Sunarso, (e) Aris Sumarsono, (f) Aris Sunarso, (g) Ustad Daud Zulkarnaen, (h) Murshid). Date of birth: 1963. Place of birth: Gebang village, Masaran, Sragen, Central Java, Indonesia. Nationality: Indonesian.’ is replaced by the following: ‘Aris Sumarsono (Good quality alias (a) Zulkarnan, (b) Zulkarnain, (c) Zulkarnin, (d) Arif Sunarso, (e) Zulkarnaen, (f) Aris Sunarso, (g) Ustad Daud Zulkarnaen; Low quality alias Murshid). Date of birth: 1963. Place of birth: Gebang village, Masaran, Sragen, Central Java, Indonesia. Nationality: Indonesian. Date of designation referred to in Article 7d(2)(i): 16.5.2005.’;

                        (2)

                        The following entry under the heading ‘Natural persons’ is deleted: ‘Fethi Ben Hassen Ben Salem Al-Haddad (alias (a) Fethi ben Assen Haddad, (b) Fathy Hassan al Haddad). Address: (a) 184 Via Fulvio Testi, Cinisello Balsamo (MI), Italy, (b) 1 Via Porte Giove, Mortara (PV), Italy (domicile). Date of birth: (a) 28.6.1963. (b) 28.3.1963. Place of birth: Tataouene, Tunisia. Nationality Tunisian. Passport No: L183017 (Tunisian passport issued on 14.2.1996, expired on 13.2.2001). Other information: Italian fiscal code: HDDFTH63H28Z352V. Date of designation referred to in Article 2a (4) (b): 17.3.2004’.


title: Commission Implementing Regulation (EU) 2019/705 of 2 May 2019 concerning the classification of certain goods in the Combined Nomenclature

text:
                  8.5.2019

                  EN

                  Official Journal of the European Union

                  L 120/8

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/705
         of 2 May 2019
         concerning the classification of certain goods in the Combined Nomenclature
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                     (2)

                     Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

                     (3)

                     Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 2 May 2019.

                  For the Commission,

                  On behalf of the President,

               Stephen QUEST

                  Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A spinning top made of plastics, with a launcher and a ripcord.
                        The spinning top is set in motion with the launcher and the ripcord. It can be used independently for the amusement of persons. Alternatively, two or more articles can be used by two or more persons (launched into a dedicated bowl-shaped arena (presented separately)) who compete with the aim of knocking out the opponents' spinning top.
                        See image (*1)

                        9503 00 95

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9503 00  and 9503 00 95 .
                        The article is a spinning top which is considered a toy of heading 9503 00  (see also the Harmonized System Explanatory Notes to heading 9503 , (D), (xix)). It has the objective characteristics of a toy for the amusement of persons.
                        Although the article can be used for competition between two or more persons, such use is not inherent to the article's objective characteristics when it is presented separately (without the dedicated arena). Classification under heading 9504  as an article for parlour games is therefore excluded.
                        The article is therefore to be classified under CN code 9503 00 95  as other toys of plastics.

               (*1)  The image is purely for information.


title: Commission Implementing Regulation (EU) 2019/1670 of 1 October 2019 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications Grana Padano (PDO)

text:
                  7.10.2019

                  EN

                  Official Journal of the European Union

                  L 256/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1670
         of 1 October 2019
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Grana Padano’ (PDO)
         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(2) thereof,
         Whereas:

                     (1)

                     Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Grana Padano’, registered under Commission Regulation (EC) No 1107/96 (2), as amended by Commission Implementing Regulation (EU) No 584/2011 (3).

                     (2)

                     Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (4) as required by Article 50(2)(a) of that Regulation.

                     (3)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Grana Padano’ (PDO) are hereby approved.

            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 1 October 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

            (3)  Commission Implementing Regulation (EU) No 584/2011 of 17 June 2011 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Grana Padano (PDO)) (OJ L 160, 18.6.2011, p. 65).

            (4)  OJ C 188, 4.6.2019, p. 3.


title: Commission Implementing Regulation (EU) 2019/1718 of 14 October 2019 protecting the traditional terms Opolo, Vrhunsko vino s kontroliranim zemljopisnim podrijetlom (Vrhunsko vino KZP), Kvalitetno biser vino, Mlado vino, Vrhunsko pjenušavo vino and Kvalitetno vino s kontroliranim zemljopisnim podrijetlom (Kvalitetno vino KZP) identifying wines produced in Croatia

text:
                  15.10.2019

                  EN

                  Official Journal of the European Union

                  L 262/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1718
         of 14 October 2019
         protecting the traditional terms ‘Opolo’, ‘Vrhunsko vino s kontroliranim zemljopisnim podrijetlom (Vrhunsko vino KZP)’, ‘Kvalitetno biser vino’, ‘Mlado vino’, ‘Vrhunsko pjenušavo vino’ and ‘Kvalitetno vino s kontroliranim zemljopisnim podrijetlom (Kvalitetno vino KZP)’ identifying wines produced in Croatia
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (1), and in particular Article 115(2) and (3) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 607/2009 (2) laid down certain detailed rules as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products. Regulation (EC) No 607/2009 was repealed by Delegated Regulation (EU) 2019/33 (3) on 14 January 2019.

                     (2)

                     Pursuant to Article 61(5) of Delegated Regulation (EU) 2019/33, Regulation (EC) No 607/2009 shall continue to apply to applications for protection and to objection procedures concerning traditional terms for which an application for protection was pending at the date of the entry into force of Delegated Regulation (EU) 2019/33.

                     (3)

                     Pursuant to Article 30 of Regulation (EC) No 607/2009, on 17 May 2013, Croatia submitted an application to the Commission for the protection of the names ‘Opolo’, ‘Vrhunsko vino s kontroliranim zemljopisnim podrijetlom (Vrhunsko vino KZP)’, ‘Kvalitetno biser vino’, ‘Mlado vino’, ‘Vrhunsko pjenušavo vino’ and ‘Kvalitetno vino s kontroliranim zemljopisnim podrijetlom (Kvalitetno vino KZP)’ as traditional terms (hereinafter ‘the Croatian traditional terms’ or ‘the traditional terms for which Croatia requested protection’).

                     (4)

                     The application for the protection of the Croatian traditional terms was published in the Official Journal of the European Union (4) on 10 February 2018, and, on 4 April 2018, the Commission received a statement of objection to the application for protection of the traditional terms from Bosnia and Herzegovina, pursuant to Article 37(1) of Regulation (EC) No 607/2009.

                     (5)

                     The Commission examined the reasoned statement of objection and the supporting documents provided by Bosnia and Herzegovina and found the objection to be admissible, in accordance with Article 38 of Regulation (EC) No 607/2009.

                     (6)

                     Bosnia and Herzegovina objected to the application for protection on the grounds that the traditional terms for which Croatia requested protection are regulated by the laws of Bosnia and Herzegovina as terms describing certain wines according to their quality, colour or residual sugar content, and are terms which are traditionally used by its winemakers. Bosnia and Herzegovina also submitted that those traditional terms for which Croatia requested protection are part of the legal heritage of the former Socialist Federal Republic of Yugoslavia (‘SFRY’) and were therefore transferred into the legislation of the countries derived from the breakup of the former SFRY. Finally, Bosnia and Herzegovina emphasised that the Croatian language is one of the official languages of Bosnia and Herzegovina, which explains the existence of certain terms that are homonyms of terms used in Croatia to describe wines. On that basis, Bosnia and Herzegovina requested the safeguard of the right of its producers to continue to use those terms after the entry into force of the legal act conferring protection over the Croatian traditional terms.

                     (7)

                     By letter of 28 August 2018, the Commission transmitted the files related to the objection to Croatia and invited Croatia to file observations within two months from the issuance of the Commission’s letter, pursuant to Article 39(1) of Regulation (EC) No 607/2009.

                     (8)

                     By electronic mails, Croatia and Bosnia and Herzegovina communicated to the Commission their intention to meet with a view to reaching an agreement. Both countries requested to the Commission to be present at the meeting.

                     (9)

                     In the meeting held on 30 January 2019, Croatia acknowledged that the traditional terms at issue have been in use in several regions of the former SFRY for decades and assured Bosnia and Herzegovina that Croatia would not claim their exclusive use. However, Croatia expressed its concerns as regards the use of certain of the traditional terms for which Croatia requested protection in Bosnia and Herzegovina to describe wines without a protected designation of origin or protected geographical indication. Bosnia and Herzegovina provided assurances that the ongoing alignment of Bosnia and Herzegovina legislation with Union law as regards traditional terms would address this concern.

                     (10)

                     Both countries acknowledged that they not only share the legal heritage of the former SFRY but that they also inevitably use the same basic Slavic words as synonyms of terms such as ‘protected designation of origin’, ‘quality wine’, ‘young wine’. Both countries accepted that if those terms were to be protected for use by only one country, it would be impossible for the other country to replace terms, which have been used for several decades with terms that are not identical to the Croatian traditional terms.

                     (11)

                     Therefore, Croatia and Bosnia and Herzegovina agreed that a transitional period should be provided for during which Bosnia and Herzegovina should be permitted to use the protected traditional terms on grapevine products that do not comply with the definition and conditions of use of those terms laid down in this Regulation. This transitional period should enable Bosnia and Herzegovina to complete the progressive alignment of its legislation with Union law, or, alternatively, to adapt the labelling of wines bearing those Croatian traditional terms.

                     (12)

                     The content of the agreement reached between Croatia and Bosnia and Herzegovina is not contrary to Union law.

                     (13)

                     Furthermore, since the relevant legislation of Bosnia and Herzegovina is not yet fully aligned with Union law, including Article 35(1)(c)(ii) of Regulation (EC) No 607/2009, a parallel application for direct protection by Bosnia and Herzegovina under that Regulation could not represent a possible solution.

                     (14)

                     Therefore, taking into account the interest of producers and operators who have been lawfully using those terms to-date, and in order to overcome the temporary difficulties faced by Bosnia and Herzegovina, it is appropriate to grant a transitional period to allow for the progressive harmonisation of the legislation of Bosnia and Herzegovina with Union legislation.

                     (15)

                     However, as this Regulation only applies within the territory of the Union, the transitional period only concerns grapevine products originating in Bosnia and Herzegovina, and which are imported into and marketed in the Union using the protected Croatian traditional terms, despite not complying with the definition and conditions of use.

                     (16)

                     In light of the above and considering that the application submitted by Croatia satisfies the conditions laid down in Article 112 of Regulation (EU) No 1308/2013 and referred to in Article 40(1) of Regulation (EC) No 607/2009, the Croatian traditional terms identifying wines produced in Croatia should be protected and recorded in the electronic register e-Bacchus.

                     (17)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The following traditional terms identifying grapevine products produced in Croatia shall be protected and recorded in the electronic register e-Bacchus:

                        (a)

                        traditional terms within the meaning of point (a) of Article 112 of Regulation (EU) No 1308/2013:

                                    —

                                    ‘Vrhunsko vino s kontroliranim zemljopisnim podrijetlom (Vrhunsko vino KZP)’;

                                    —

                                    ‘Kvalitetno biser vino’;

                                    —

                                    ‘Vrhunsko pjenušavo vino’;

                                    —

                                    ‘Kvalitetno vino s kontroliranim zemljopisnim podrijetlom (Kvalitetno vino KZP)’;

                        (b)

                        traditional terms within the meaning of point (b) of Article 112 of Regulation (EU) No 1308/2013:

                                    —

                                    ‘Opolo’;

                                    —

                                    ‘Mlado vino’.

                  The definitions and conditions of use of the traditional terms are set out in the Annex to this Regulation.

            Article 2
            The terms protected pursuant to Article 1 may be used for a period of five years from the date of entry into force of this Regulation to designate grapevine products which do not comply with the definition and conditions of use of the protected terms referred to in that Article, and which are imported into and marketed within the territory of the Union from Bosnia and Herzegovina if those terms are traditionally used in the territory of that third country.
            At the expiry of the five-year period, only grapevine products referred to in the first paragraph which have been imported into the Union from Bosnia and Herzegovina before the expiry of the five year period may be lawfully marketed until all existing stocks are exhausted.

            Article 3
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 14 October 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60).

            (3)  Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation (OJ L 9, 11.1.2019, p. 2).

            (4)  OJ C 51, 10.2.2018, p. 24.

            ANNEX

               Definitions and conditions of use of the traditional terms referred to in Article 1

               ‘Opolo’

               Denomination: Opolo

               Language: Croatian

               Definition:‘Opolo’ is a traditional term under Article 112(b) of Regulation (EU) No 1308/2013. This traditional term is authorised for still rosé wine, with predominant fruit flavours and produced exclusively from red grapes of recommended varieties Vitis vinifera, in accordance with the Ordinance on the National list of Certified Grape Varieties (Official Gazette No 53/2014). Wines described with the traditional term ‘Opolo’ are produced with the technology used for the production of white wines and have a minimum actual alcohol content of 11 % vol. The maximum yield for those wines is 12 000 kg/ha. Analytical and organoleptic testing is obligatory. The color of ‘Opolo’ wines may vary from light to intense pink.

               List of protected designations of origin or geographical indications concerned: The traditional term ‘Opolo’ can be used to describe wines with the protected designations of origin ‘Primorska Hrvatska’, ‘Hrvatska Istra’, ‘Hrvatsko primorje’, ‘Sjeverna Dalmacija’, ‘Dalmatinska zagora’ and ‘Srednja i Južna Dalmacija’ that meet the requirements for the use of this traditional term.

               Grapevine products categories: Wine as defined under point 1 of Annex VII, Part II, of Regulation (EU) No 1308/2013.

               ‘Vrhunsko vino s kontroliranim zemljopisnim podrijetlom (Vrhunsko vino KZP)’

               Denomination: Vrhunsko vino s kontroliranim zemljopisnim podrijetlom (Vrhunsko vino KZP), whether or not supplemented by:

                        —

                        Arhivsko vino: for wines kept in cellar for five or more years, of which at least three years in the bottle;

                        —

                        Desertno vino: for wines obtained by processing overripe or dried grapes without adding any substances and having a natural alcoholic strength of not less than 16 % vol. and actual alcoholic strength of not less than 9 % vol;

                        —

                        Kasna berba: for wines produced from overripe grapes, which have at least 94° Oechsle;

                        —

                        Izborna berba: for wines produced from specially selected grapes, which contain at least 105° Oechsle;

                        —

                        Izborna berba bobica: for wines produced from selected, overripe and botrytis infected grapes, which contain at least 127° Oechsle;

                        —

                        Izborna berba prosušenih bobica: for wines produced from selected berries of overripe grapes, which contain at least 154° Oechsle;

                        —

                        Ledeno vino: for wines produced from grapes harvested at temperature of at least – 7 °C and processed while frozen, which contain at least 127° Oechsle.

               Language: Croatian

               Definition:‘Vrhunsko vino s kontroliranim zemljopisnim podrijetlom (Vrhunsko vino KZP)’ is a traditional term under Article 112(a) of Regulation (EU) No 1308/2013. This traditional term is a synonym of the term ‘protected designation of origin’, authorised for the description of wines produced from grapes of recommended varieties Vitis vinifera, in accordance with the Ordinance on the National list of Certified Grape Varieties (Official Gazette No 53/2014). The natural alcoholic strength of those wines must be of not less than:

                        —

                        10 % vol. in zone B;

                        —

                        10,5 % vol. in zone CI;

                        —

                        11 % vol. in zone CII.

                  The maximum yield for the production of those wines is:

                        —

                        10 000 kg/ha (6 000 l/ha) in zone B;

                        —

                        11 000 kg (6 600 l/ha) in zones CI and CII.

                  Enrichment, acidification, deacidification, and sweetening are not allowed. Analytical and organoleptic testing is obligatory. Depending on the degree of ripeness of the grapes and the processes of production and maturation of wine the following additional terms can be used:

                        —

                        Arhivsko vino;

                        —

                        Desertno vino;

                        —

                        Kasna berba;

                        —

                        Izborna berba;

                        —

                        Izborna berba bobica;

                        —

                        Izborna berba prosušenih bobica;

                        —

                        Ledeno vino.

               List of protected designations of origin or geographical indications concerned: The traditional term ‘Vrhunsko vino s kontroliranim zemljopisnim podrijetlom (Vrhunsko vino KZP)’ can be used for all Croatian wines with a protected designation of origin that meet the requirements for the use of this traditional term.

               Grapevine products categories: Wine as defined under point 1 of Annex VII, Part II, of Regulation (EU) No 1308/2013.

               ‘Kvalitetno biser vino’

               Denomination: Kvalitetno biser vino

               Language: Croatian

               Definition:‘Kvalitetno biser vino’ is a traditional term under Article 112(a) of Regulation (EU) No 1308/2013. This traditional term is a synonym of the term ‘protected designation of origin’, authorised for the description of semi-sparkling wine obtained from quality wines, new wine still in fermentation, grape must or grape must in fermentation, produced from grapes of recommended varieties Vitis vinifera, in accordance with the Ordinance on the National list of Certified Grape Varieties (Official Gazette No 53/2014). The wines bearing the traditional term ‘Kvalitetno biser vino’ must have a total alcoholic strength of not less than 9 % vol. and an actual alcoholic strength of not less than 7 % vol. The excess pressure due to endogenous carbon dioxide in solution must be not less than 1 bar and not more than 2,5 bar, when kept at a temperature of 20 °C in closed containers.

               List of protected designations of origin or geographical indications concerned: The traditional term ‘Kvalitetno biser vino’ can be used for all Croatian semi-sparkling wines with a protected designation of origin that meet the requirements for the use of this traditional term.

               Grapevine products categories: Semi-sparkling wine, as defined under point 8 of Annex VII, Part II, of Regulation (EU) No 1308/2013.

               ‘Mlado vino’

               Denomination: Mlado vino

               Language: Croatian

               Definition:‘Mlado vino’ is a traditional term under Article 112(b) of Regulation (EU) No 1308/2013. This traditional term is authorised for wines produced from grapes of recommended varieties Vitis vinifera, in accordance with the Ordinance on the National list of Certified Grape Varieties (Official Gazette No 53/2014), the fermentation process of which is either completed or partially completed. The wines bearing the traditional term ‘Mlado vino’ must be placed on the market before 31st of December of the calendar year in which grapes were harvested.

               List of protected designations of origin or geographical indications concerned: The traditional term ‘Mlado vino’ can be used for all Croatian wines with a protected designation of origin that meet the requirements for the use of this traditional term.

               Grapevine products categories: Wine as defined under point 1 of Annex VII, Part II, of Regulation (EU) No 1308/2013.

               ‘Vrhunsko pjenušavo vino’

               Denomination: Vrhunsko pjenušavo vino

               Language: Croatian

               Definition:‘Vrhunsko pjenušavo vino’ is a traditional term under Article 112(a) of Regulation (EU) No 1308/2013. This traditional term is a synonym of the term ‘protected designation of origin’, used to describe sparkling wines obtained by first alcoholic fermentation from fresh grapes or must and second alcoholic fermentation from wine suitable for obtaining quality or top-quality wines produced from grapes of recommended varieties Vitis vinifera, in accordance with the Ordinance on the National list of Certified Grape Varieties (Official Gazette No 53/2014). Sparkling wines bearing the traditional term ‘Vrhunsko pjenušavo vino’ must have an actual alcoholic strength of not less than 10 % vol. and an excess pressure, due to endogenous carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers.

               List of protected designations of origin or geographical indications concerned: The traditional term ‘Vrhunsko pjenušavo vino’ can be used for all Croatian sparkling wines with a protected designation of origin that meet the requirements for the use of this traditional term.

               Grapevine products categories: Sparkling wine as defined under point 4 of Annex VII, Part II, of Regulation (EU) No 1308/2013.

               ‘Kvalitetno vino s kontroliranim zemljopisnim podrijetlom (Kvalitetno vino KZP)’

               Denomination: Kvalitetno vino s kontroliranim zemljopisnim podrijetlom (Kvalitetno vino KZP), whether or not supplemented by:

                        —

                        Mlado vino: if produced from grapes of recommended varieties Vitis vinifera, in accordance with the Ordinance on the National list of Certified Grape Varieties (Official Gazette No 53/2014), the fermentation process of which may be completed or partially completed and which is placed on market before 31st of December of the calendar year in which grapes were harvested;

                        —

                        Arhivsko vino: if kept in cellar for at least five years, the last three of which in the bottle;

                        —

                        Desertno vino: if obtained by processing overripe or dried grapes, with a natural alcoholic strength of not less than 16 % vol. and an actual alcoholic strength of not less than 9 % vol.

               Language: Croatian

               Definition:‘Kvalitetno vino s kontroliranim zemljopisnim podrijetlom (Kvalitetno vino KZP)’ is a traditional term under Article 112(a) of Regulation (EU) No 1308/2013. This traditional term is a synonym of the term ‘protected designation of origin’ used to describe wines produced from grapes of recommended varieties Vitis vinifera, in accordance with the Ordinance on the National list of Certified Grape Varieties (Official Gazette No 53/2014). The wine bearing the traditional term ‘Kvalitetno vino s kontroliranim zemljopisnim podrijetlom (Kvalitetno vino KZP)’ must have a natural alcoholic strength of not less than:

                        —

                        8,5 % vol. in zone B;

                        —

                        9,0 % vol. in zone C1;

                        —

                        9,5 % vol. in zone CII.

                  The maximum yield for those wines is:

                        —

                        11 000 kg/ha (7 700 l/ha) in zone B;

                        —

                        12 000 kg/ha (8 400 l/ha) in zones CI and CII.

                  Analytical and organoleptic testing is obligatory.

               List of protected designations of origin or geographical indications concerned: The traditional term ‘Kvalitetno vino s kontroliranim zemljopisnim (Kvalitetno vino KZP)’ can be used for all Croatian wines with a protected designation of origin that meet the requirements for the use of this traditional term.

               Grapevine products categories: Wine defined under point 1 of Annex VII, Part II, of Regulation (EU) No 1308/2013.


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2015/2378 as regards the form and conditions of communication for the yearly assessment of the effectiveness of the automatic exchange of information and the list of statistical data to be provided by Member States for the purposes of evaluating of Council Directive 2011/16/EU

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 22.1.2018

               amending Implementing Regulation (EU) 2015/2378 as regards the form and conditions of communication for the yearly assessment of the effectiveness of the automatic exchange of information and the list of statistical data to be provided by Member States for the purposes of evaluating of Council Directive 2011/16/EU

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EC
                  1
               , and in particular Article 23(3) and (4) thereof,

               Whereas:

               (1)Article 23(3) of Directive 2011/16/EU provides for a yearly assessment of the effectiveness of the automatic exchange of information to be communicated by the Member States to the Commission.

               (2)Article 23(4) of Directive 2011/16/EU provides for a list of statistical data to be provided by the Member States for the purposes of evaluating that Directive.

               (3)The list does not include statistical data as regards the mandatory exchange of information pursuant to Article 8a of Directive 2011/16/EU as such data will be gathered by the Commission from the central directory established pursuant to article 21(5) of Directive 2011/16/EU.

               (4)Commission Implementing Regulation (EU) 2015/2378
                  2
                should therefore be amended accordingly.

               (5)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Administrative Cooperation for Taxation,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Amendments to Implementing Regulation (EU) 2015/2378

               Implementing Regulation (EU) 2015/2378 is amended as follows:

               (1) the following Articles 2c and 2d are inserted:

               'Article 2c

               Form and conditions for the communication of the yearly assessment

               1. The form for the communication of the yearly assessment of the effectiveness of the automatic exchange of information and the practical results achieved pursuant to Article 23(3) of Directive 2011/16/EU is set out in Annex VIII to this Regulation.

               2. Before 1 April each year, Member States shall communicate to the Commission by electronic means the yearly assessment using the form referred to in paragraph 1. The assessment shall cover the period of the previous calendar year.

               Article 2d

               List of statistical data

               1. The list of statistical data required for all forms of administrative cooperation, other than the mandatory automatic exchange of information, pursuant to Article 23(4) of Directive 2011/16/EU is set out in Annex IX to this Regulation.

               The list of statistical data required for the mandatory automatic exchange of information pursuant to Article 8(1) of Directive 2011/16/EU is set out in Annex X to this Regulation.

               The list of statistical data required for the mandatory automatic exchange of information pursuant to Article 8(3a) of Directive 2011/16/EU is set out in Annex XI to this Regulation.

               The list of statistical data required for the mandatory automatic exchange of information pursuant to Article 8aa of Directive 2011/16/EU is set out in Annex XII to this Regulation.

               2. Before 1 April each year, Member States shall communicate by electronic means, to the Commission the statistical data on all forms of administrative cooperation, other than the mandatory automatic exchange of information, in accordance with the list set out in Annex IX, in respect of the previous calendar year.

               3. Before 1 November each year Member States shall communicate by electronic means to the Commission the statistical data on mandatory automatic exchange of information in accordance with the list set out in Annex X, Annex XI and Annex XII.

               (2) Annexes VIII, IX, X, XI and XII are added as set out in the Annex to this Regulation.

               Article 2

               Entry into force and application

               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, 22.1.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 64, 11.3.2011, p.1.

                     (2)

                        Commission Implementing Regulation (EU) 2015|2378 of 15 December laying down detailed rules for implementing certain provisions of Council Directive 2011|16|EU on administrative cooperation in the field of taxation and repealing Implementing Regulation (EU) No 1156|2012 (OJ L 332, 18.12.2015, p. 19).

    ---documentbreak---

               ANNEX

               to the

               COMMISSION IMPLEMENTING REGULATION (EU) …/…

               amending Implementing Regulation (EU) 2015/2378 as regards the form and conditions of communication for the yearly assessment of the effectiveness of the automatic exchange of information and the list of statistical data to be provided by the Member States for the purposes of evaluating of Council Directive 2011/16/EU

               The following Annexes are added to Regulation (EU) 2015/2378:

               ANNEX VIII

               Form referred to in Article 2c

               The form for the communication pursuant to Article 23(3) of Directive 2011/16/EU covers the following information:

               - Identification of the Member State replying to the questionnaire

               - Availability of information in the Member State

               - Monitoring whether bilateral annual feedbacks as per Article 14(2) were sent

               - Effectiveness of the automatic exchange of information

               - Processing of information received and main overall technical (IT) issues encountered

               - Quality of information received, containing identification of recipients/parties; issues with the content of information received and related suggestions

               - Compliance use and effectiveness, containing usefulness of information in principle; actual and future use of information; use of information by tax area; administrative cooperation encouraged by the use of the information received

               - Practical results achieved, containing total outcome (including special projects); specific outcome from special projects; administrative and other relevant costs for automatic exchange of information (AEOI) development and implementation; administrative costs for recurring AEOI operations; other relevant costs for tax compliance operations; positive and negative experiences; main aspects generating litigation and court proceedings

               - Rate of success as regards the obligation to communicate the country-by-country reports to the Member States concerned (Number of country-by-country reports received from tax authorities of other Member States/ Number of country-by-country reports due to be received from tax authorities of other Member States

               - Rate of compliance of Reporting Entities as regards the obligation to provide the country-by-country reports (Number of country-by-country reports received/ Number of country-by-country reports due to be reported)

               - List of any jurisdictions where Ultimate Parent Entities of Union-based Reporting Entities are resident, but full country-by-country reports have not been filed or exchanged.

               ANNEX IX

               List referred to in Article 2d

               The statistical data required for the forms of administrative cooperation other than the mandatory automatic exchange of information referred to in Article 23(4) of Directive 2011/16/EU covers the following information:

               - Identification of the Member State

               - Year

               - Part A: Statistics per Member State on exchange of information

               - on exchange of information on request (Article 5, 6 7 of Directive 2011/16/EU)

               - Number of requests sent

               - Number of replies received

               - Number of full replies received within six months

               - Number of replies for which (part of or the whole) information was received within two months

               - Number of requests received

               - Number of replies sent

               - Number of refusals on the ground of Article 17 of Directive 2011/16/EU

               - on spontaneous exchange of information (Article 9 and 10 of Directive 2011/16/EU)

               - Number of spontaneous exchanges sent

               - Number of spontaneous exchanges received

               - Number of cross-border rulings sent

               - Number of cross-border rulings received

               - Number of unilateral advance pricing arrangements sent

               - Number of unilateral advance pricing arrangements received

               - Part B: Statistics on other forms of administrative cooperation

               - on presence in administrative offices and participation in administrative enquiries (Article 11 of Directive 2011/16/EU)

               - Number of incoming presences in administrative offices and participation in administrative enquiries

               - on simultaneous controls  (Article 12 of Directive 2011/16/EU)

               - Number of simultaneous controls which the Member State has initiated

               - Number of simultaneous controls in which the Member State has participated

               - on requests for notification  (Article 13 of Directive 2011/16/EU)

               - Number of requests for notification sent

               - Number of requests for notification received

               - on feedback  (Article 14 of Directive 2011/16/EU)

               - Number of requests for feedback sent

               - Number of feedback received

               - Number of requests for feedback received

               - Number of feedback sent

               - Part C: Statistics on estimated additional revenue or increase in assessed tax due to administrative cooperation. The information under this part is optional.

               - From exchange of information on request

               - From spontaneous exchange of information

               - As a result of simultaneous control

               - Overall figure and number of cases.

               ANNEX X

               List referred to in Article 2d

               The statistical data required for the mandatory automatic exchange of information pursuant to Article 23(4) of Directive 2011/16/EU on the categories of income and capital referred to in Article 8(1) of that Directive covers the following information:

               -  For all categories of income and capital referred to in Article 8(1) of Directive 2011/16/EU: statistics on message and taxpayer

               - In the case of income from employment and director's fees: statistics on message and recipient, message and payer, recipient and relationship, payer and relationship, recipient and income

               - In the case of pensions: statistics on message and recipient, message and payer, recipient, payer, scheme, income

               - In the case of life insurance products: statistics on message and policy, policy overall, event

               - In the case of ownership of and income from immovable property: statistics on message and party, party overall, property quantity and value, transaction quantity and value, loan event quantity and value, right income quantity and value

               - In the case of status messages: statistics on status message, status message error

               - In the case of zero data messages: statistics on zero data message.

               ANNEX XI

               List referred to in Article 2d

               The statistical data required for the mandatory automatic exchange of information in accordance with Article 8(3a) of Directive 2011/16/EU, pursuant to Article 23(4) of that Directive covers the following information:

               - Per message, statistics on originating country and destination country, total number of records, total payment amounts

               - Per originating country, statistics on total number of reporting financial institutions, total payment amounts

               - Per unique account, statistics on account holder quantity, payment category, amount per payment category

               - Per account, statistics on account holder type, account holder taxpayer identification number or functional equivalent, account holder residence country, natural person as account holder, closed account, dormant account

               - Per account holder, statistics on controlling person type, controlling person taxpayer identification number or functional equivalent,  controlling person residence country, natural person as controlling person.

               ANNEX XII

               List referred to in Article 2d

               The statistical data required for the mandatory automatic exchange of information in accordance with Article 8aa of Directive 2011/16/EU, pursuant to Article 23(4) of that Directive covers the following information:

               - Number of country-by-country reports received from Reporting Entities

               - Number of country-by-country reports due to be reported by Reporting Entities but not received or only partial report provided, breakdown per jurisdictions of the Ultimate Parent Entities

               - Number of country-by-country reports received from each other Member State.

               - Number of country-by-country reports due but not received from each other Member State.

               - Number of country-by-country reports sent to each other Member State.


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) No 809/2014 as regards the labels requirement pertaining to the aid applications concerning the areas used for the production of hemp

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 14.5.2018

               amending Implementing Regulation (EU) No 809/2014 as regards the labels requirement pertaining to the aid applications concerning the areas used for the production of hemp

               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 Article 78, first subparagraph, point (b) thereof,

               Whereas:

               (1)Pursuant to point (c) of the first subparagraph of Article 17(7) of Commission Implementing Regulation (EU) No 809/2014
                  2
               , the single application has to contain, for areas used for the production of hemp, the official labels used on the packaging of the seeds in accordance with Council Directive 2002/57/EC
                  3
               .

               (2)Article 9(1) of Commission Delegated Regulation (EU) No 639/2014
                  4
                as amended by Commission Delegated Regulation (EU) …./….
                  5
                includes an alternative certification of hemp seed in the case of conservation varieties according to Commission Directive 2008/62/EC
                  6
               .

               (3)It is therefore appropriate to amend point (c) of the first subparagraph of Article 17(7) of Implementing Regulation (EU) No 809/2014 and specify the documents to be admitted as official labels in the case of conservation varieties certified according to Directive 2008/62/EC.

               (4)Implementing Regulation (EU) No 809/2014 should therefore be amended accordingly.

               (5)The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct payments,

               HAS ADOPTED THIS REGULATION:

               Article 1

               In the first subparagraph of Article 17(7) of Implementing Regulation (EU) No 809/2014, point (c) is replaced by the following:

                  "(c) the official labels used on the packaging of the seeds in accordance with Council Directive 2002/57/EC*, and in particular Article 12 thereof, or any other document recognised as equivalent by the Member State; or, in the case of conservation varieties certified in accordance with Commission Directive 2008/62/EC**, the supplier's labels or the printed or stamped notice used on the packaging of the seeds of conservation varieties as referred to in Article 18 of that Directive.

               *
                     Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74).

               **
                     Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (OJ L 162, 21.6.2008, p. 13).''.

               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, 14.5.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 347, 20.12.2013, p. 549.

                     (2)

                        Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).

                     (3)

                        Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74).

                     (4)

                        Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex X to that Regulation (OJ L 181, 20.6.2014, p. 1).

                     (5)

                        OJ […]

                     (6)

                        Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (OJ L 162, 21.6.2008, p. 13).


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) No 808/2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 30.7.2018

               amending Implementing Regulation (EU) No 808/2014
                  laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)

               THE EUROPEAN COMMISSION,

               Having regard to the Treaty on the Functioning of the European Union,

               Having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005
                  1
               , and in particular Article 8(3) thereof,

               Whereas:

               (1)Commission Implementing Regulation (EU) No 808/2014
                  2
                has laid down rules for the application of Regulation (EU) No 1305/2013. Regulation (EU) 2017/2393 of the European Parliament and of the Council
                  3
                has amended Regulation (EU) No 1305/2013 by simplifying the general rules governing the European Agricultural Fund for Rural Development (EAFRD). Therefore, the rules for the implementation of Regulation (EU) No 1305/2013 should be amended accordingly.

               (2)The obligation to select bodies to provide advice through a specific call for tenders procedure was abolished. Therefore, implementing rules referring to the calls for tenders should be deleted.

               (3)Rules for joint setting up of young farmers have been introduced in Article 2(1)(n) of Regulation (EU) No 1305/2013 and a definition of the 'date of setting up' has been added in Article 2(1)(s) of that Regulation. Therefore, provisions referring to the young farmer set out in paragraph 8 of Part 1 of Annex I to Implementing Regulation (EU) No 808/2014 should be aligned. Moreover, following the deletion of Article 57 of Commission Implementing Regulation (EU) No 809/2014
                  4
                containing rules on Farm and business development, the rules for business plan laid down in Implementing Regulation (EU) No 808/2014 should also be simplified.

               (4)The rules on financial instruments have been simplified. Notably, a derogation from the applicability of selection criteria for operations supported through financial instruments has been introduced in Article 49(4) of Regulation (EU) No 1305/2013. Paragraph 8 of Part 1 of Annex I to Implementing Regulation (EU) No 808/2014 should be aligned with this derogation.

               (5)In order to avoid unnecessary administrative burden and in particular frequent modifications of the financing plans, it is necessary to clarify that the capping related to the overrun of the planned EAFRD contributions as presented in the financial plan of each programme is calculated at the level of the total amount of each measure.

               (6)Article 39a of Regulation (EU) No 1305/2013 provides for support to farmers through a sector specific income stabilisation tool and Article 37 of that Regulation allows for support to agricultural insurance schemes covering production losses exceeding 20% of an annual average caused by adverse climatic events, animal or plant diseases, pest infestation, or an environmental incident. In accordance with Article 8(1)(h) of Regulation (EU) No 1305/2013, the financing plan should indicate the planned EAFRD support and the contribution rate.

               (7)Implementing Regulation (EU) No 808/2014 should therefore be amended accordingly.

               (8)The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) No 808/2014 is amended as follows:

               (1)  Article 7 is deleted;

               (2)  in Article 8, paragraph 1 is deleted;

               (3) Part 1 of Annex I is amended as follows:

               (a)paragraph  8 "Description of the measures selected" is amended as follows:

               (i)in point (2), point (c) is replaced by the following:

               '(c)
                     scope, level of support, eligible beneficiaries, and where relevant, methodology for calculation of the amount or support rate broken down by sub-measure and/or type of operation where necessary. For each type of operation specification of eligible costs, eligibility conditions, applicable amounts and support rates and principles with regard to the setting of selection criteria. Where support is provided to a financial instrument implemented under points (a) and (b) of the first subparagraph of Article 38(4) of Regulation (EU) No 1303/2013, description of the type of financial instrument, general categories of final recipients, general categories of eligible costs and maximum level of support.'

               (ii)in point (2)(e), point 5 is replaced by the following:

               ' 5. Farm and business development (Article 19 of Regulation (EU) No 1305/2013)

               — definition of small farm referred to in Article 19(1)(a)(iii) of Regulation (EU) No 1305/2013;

               — definition of the actions referred to in point (s) of Article 2(1) of Regulation (EU) No 1305/2013 (“date of setting up”);

               — definition of upper and lower thresholds as referred to in the fifth subparagraph of Article 19(4) of Regulation (EU) No 1305/2013;

               — specific conditions for support for young farmers where they are not setting up as a sole head of the holding in accordance with Article 2(1) and (2) of Delegated Regulation (EU) No 807/2014;

               — information on the application of the grace period referred to in Article 2(3) of Delegated Regulation (EU) No 807/2014;

               — summary of the requirements of the business plan;

               — use of the possibility to combine different measures through the business plan giving access of the young farmer to those measures;

               — domains of diversification covered.'

               (iii)
                     in point (2)(e), the title of point 16 is replaced by the following:

               '16. Risk management (Articles 36 to 39a of Regulation (EU) No 1305/2013)

               (b)paragraph 10(c) is amended as follows:

               (i)in the first subparagraph, the following point (v) is added:

               '(v)
                     for the operations implemented in accordance with Article 37 of Regulation (EU) No 1305/2013 where the minimum loss threshold is set to 20% and for operations implemented in accordance with 39a of Regulation (EU) No 1305/2013 the indicative total Union contribution and the indicative contribution rate.'

               (ii)the following subparagraph is added:

               'For the purpose of interim payments referred to in Article 36 of Regulation (EU) No 1306/2013, the payment of the balance referred to in Article 37, and the clearance of accounts referred to in Article 51 of that Regulation, the EAFRD contribution to be paid in respect of the eligible public expenditure of the programme concerned shall be respected at the measure level.'

               Article 2

               This Regulation shall enter into force on the third 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, 30.7.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 347, 20.12.2013, p. 487.

                     (2)

                        Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227, 31.7.2014, p. 18).

                     (3)

                        Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (OJ L 350, 29.12.2017, p. 15).

                     (4)

                        Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).