title: COMMISSION IMPLEMENTING REGULATION (EU) …/... laying down technical criteria for electronic tags for marine equipment

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

               of 19.4.2018

               laying down technical criteria for electronic tags for marine equipment

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

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

               Having regard to Directive 2014/90/EU of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC
                  1
               , and in particular Article 11(4) thereof,

               Whereas:

               (1)Directive 2014/90/EU confers implementing powers upon the Commission in order to lay down appropriate technical criteria as regards the design, performance, affixing and use of those electronic tags.

               (2)A cost-benefit analysis
                  2
                was carried out and gave a positive assessment of the use of electronic tags as a supplement to the wheel mark.

               (3)Electronic tagging of marine equipment does not require heavy investment but brings about benefits to manufacturers, ship owners and operators and market surveillance authorities.

               (4)The specifications provided for in this Regulation draw on a comparison of available technologies performed in the framework of the cost-benefit analysis, as well as on its suggestions for the appropriate structure of the codes used for the identification of marine equipment.

               (5)The comparison of existing data carriers and data exchange architectures in the framework of the cost-benefit analysis resulted in the recommendation to use data matrix codes and radio-frequency identification (‘RFID’) as the most appropriate technologies.

               (6)The cost-benefit analysis also indicated that the limited data storage capacity on the electronic tag implies that the information on the electronic tag has to provide a link to databases where more detailed information can be found. The data matrix codes and radio frequency identification ('RFID') specified by this Regulation contain the key information able to provide for such a link.

               (7)Consequently, a unique identification of marine equipment, based on a standardised code structure independent from the electronic tag type should be used. Such an identification should be flexible enough to enable the direct access of users to the most relevant databases for marine equipment.

               (8)The format of encoding the required information on the data carrier should be based on ISO standards. The format should also allow for the possibility to encode additional information for the use of the manufacturers, in particular as manufacturers should be able to embed into the data carrier additional security features in order to better identify counterfeited products.

               (9)In order to be easily retrievable by visual inspection, marine equipment with electronic tags which replace the wheel mark should display an appropriate symbol.

               (10)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships ('COSS'),

               HAS ADOPTED THIS REGULATION:

               Article 1

               For the purposes of this Regulation, the following definitions shall apply:

               (1) 'electronic tag' means a marker with radio frequency identification ('RFID') or with a data matrix code;

               (2) 'application identifier' means a numeric prefix used to define the meaning and format of encoded data elements.

               Article 2

               Manufacturers of marine equipment may use the following electronic tags as specified in the Annex:

               (a) RFID tags affixed permanently on a marine equipment item;

               (b) optically readable tags containing data matrix codes affixed permanently on a marine equipment item; or

               (c) optically readable tags containing data matrix codes permanently marked on a marine equipment item.

               Article 3

               RFID electronic tags which replace the wheel mark shall visibly, legibly and indelibly display the symbol set out in points 3.1 or 3.2 of the Annex, either on the tags themselves or adjacent to them.

               Marine equipment with optically readable tags containing data matrix codes which replace the wheel mark shall visibly, legibly and indelibly display the symbol set out in point 3.3 of the Annex, either on the tags themselves or adjacent to them.

               Article 4

               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, 19.4.2018

                  For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 257, 28.8.2014, p. 146.

                     (2)

                        “The possible introduction of an electronic tag as a supplement or a replacement of the wheel mark in marine equipment”, Call for Tenders No. MOVE/D2/2015-372 V1.0 of the European Commission DG Mobility and Transport.

    ---documentbreak---

               ANNEX

               1.Identification of marine equipment

               1.1.Electronic tags for marine equipment shall comprise an electronically readable identification in radio frequency identification ('RFID') or optically readable data matrix code containing the following information:

               (a) an appropriate application identifier in accordance with ISO/IEC 15434:2006 and ISO/IEC 15418:2016, using either an ASC MH10 Data Identifier or a GS1 Application Identifier;

               (b) the type of conformity assessment module(s) set out in Annex II to Directive 2014/90/EU used for the conformity assessment [one digit alphabetical];

               (c) the notified body identification number assigned by the Commission in accordance with point 3.1 of Annex IV to Directive 2014/90/EU [4 digits];

               (d) the number(s) of the unit verification (Module G) or EC type examination and conformity to type certificates (Module B and D, E or F) [maximum 20 alpha-numeric digits].

               1.2.In addition to the information provided pursuant to point 1.1, electronic tags may also contain information relating to the production site number, a product code, the lot or batch number and/or additional information designed by the manufacturer in accordance with ISO/IEC 15434:2006 [using either ASC MH10 Data Identifiers or GS1 Application Identifiers].

               1.3.Examples:

               Modules B+D: [see point 1.2.]+([appropriate identifier]) B 0575 40123+D 0038 040124

               Modules B+E: [see point 1.2.]+ ([appropriate identifier]) B 0575 40123+E 0038 040125

               Modules B+F: [see point 1.2.]+([appropriate identifier]) B 0575 40123+F 0038 040126

               Module G: [see point 1.2.]+([appropriate identifier]) G 0575 040126.

               2.Electronic tags

               2.1.RFID tags

               RFID transponders shall operate in the frequency range of 860 MHz to 960 MHz in accordance to ISO/IEC 18000-6:2004 Type C.

               The electronic tag shall be firmly affixed to the marine equipment concerned in a durable way and so as to ensure that the electronic tag will be able to be read as intended for the expected lifetime of the marine equipment.

               2.2.Data matrix codes

               Data matrix codes shall be in accordance with ISO/IEC 16022:2006.

               The electronic tag shall be marked on or firmly affixed to the marine equipment concerned in a durable way and so as to ensure that the electronic tag will be able to be read as intended for the expected lifetime of the marine equipment.

               3.Symbols

               3.1.

               3.2.

               3.3.


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... on the fees and charges payable to the European Union Agency for Railways and their conditions of payment

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

               of 2.5.2018

               on the fees and charges payable to the European Union Agency for Railways and their conditions of payment

               (Text with EEA relevance)

               THE EUROPEAN COMMISSION,

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

               Having regard to Regulation (EU) 2016/796
                  1
                of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004, and in particular Article 80 thereof,

               Whereas:

               (1)The revenue of the European Union Agency for Railways ("the Agency") consists of a contribution from the Union and the fees and charges paid by applicants for the processing of applications for certificates, authorisations and decisions for approval, handling of appeals and other services provided by the Agency in accordance with article 64 of Regulation (EU) 2016/796.

               (2)The fees and charges payable to the Agency should be set in a transparent, fair and uniform manner, in particular with the objective of simplification. They should not result in the imposition of unnecessary financial burden on enterprises and should not jeopardise the competitiveness of the European railway sector.

               (3)The calculation of fees and charges should take account of the cost of staff and external experts involved in the processing of applications, where relevant. Account should equally be taken of the costs of supporting services and activities related to the processing of applications, as well as any other operational costs in order to provide those services. These costs should be related and proportionate to the relevant activities and they should be non-discriminatory.

               (4)The fees and charges levied by the Agency should cover the full costs of the services rendered by the Agency.

               (5)The time spent by the Agency to provide those services should be invoiced at an hourly rate, until the maturity of the system allows for a regime of fixed rates. The fees and charges of the Agency should be set at such a level as to avoid a deficit or a significant accumulation of surplus, in accordance with Regulation (EU) 2016/796.

               (6)The amounts payable should not depend on where the applicant is established, or the language used for the application. Therefore, the travel and translation costs incurred in relation to the part of the application processed by the Agency should be aggregated and divided among all applications.

               (7)Fees and charges should be established to meet the specific needs of small and medium-sized enterprises. Undertakings should have the possibility to split payment into several instalments if needed.

               (8)Applicants have been secured the right to appeal within the Regulation 2016/796 and should be able to seek relief and exercise this right against decisions of the Agency. The payment of the fees and charges for an appeal against decisions of the Agency should therefore not be a prerequisite for an appeal to be admissible. Fees and charges should only be levied for the processing of appeals in cases where the appeal is dismissed.

               (9)In line with good project management, the applicant should have the possibility to request an estimate. The applicant should be informed, as far as possible, of the likely amount to be paid and the way in which payment should be made. Time-limits for the payment of fees and charges should be established.

               (10)Information on the fees and charges established in this Regulation should be publicly available. Any future revisions of the fees levied by the Agency should be based on a transparent evaluation of the costs of the Agency and the relevant costs resulting from the tasks carried out by the NSAs.

               (11)The measures provided for in this Regulation are in accordance with the opinion of the Committee in line with Article 81 of Regulation (EU) 2016/796.

               HAS ADOPTED THIS REGULATION:

               Article 1

               Subject matter and scope

               1.This Regulation lays down the fees and charges payable to the European Union Agency for Railways ("the Agency") for the processing of applications pursuant to Articles 14, 20, 21 and 22 of Regulation (EU) 2016/796 as well as for the provision of other services in accordance with the objectives for which the Agency has been established. It also specifies the method to be used for calculating those fees and charges and conditions for payment.

               2.This Regulation also establishes procedures to ensure transparency, non-discrimination and other basic principles of European law in relation to the costs of the national safety authorities ("NSAs") for processing the national part of the applications for which the Agency is responsible pursuant to Articles 14, 20, and 21 of Regulation (EU) 2016/796.

               3.This Regulation shall not apply to the fees and charges levied in relation to the following activities of the NSAs:

               (a)processing of applications for single safety certificates pursuant to Article 10(8) of Directive (EU) 2016/798
                  2
                and the related pre-engagement process provided for in Regulation [the implementing act referred to in Article 10(10) of Directive (EU) 2016/798]
                  3
               ,

               (b)processing of applications for vehicle authorisations for placing on the market or type authorisations of vehicles pursuant to Articles 21(8) and 24(1) of Directive (EU) 2016/797
                  4
                and the related pre-engagement process provided for in Commission Implementing Regulation (EU) 2018/545
                  5
               ;

               (c)issuing an opinion on the request for ERTMS track-side equipment approval in accordance with the last sub paragraph of Article 19 (3) of Directive (EU) 2016/797.

               (d)delivering temporary authorisations for on-site tests pursuant to Article 21(3) and (5) of Directive (EU) 2016/797.

               Article 2

               Types of fees and charges

               1.The Agency shall levy fees for the processing of applications, including for the issuing of estimates and where an application is withdrawn by the applicant, or where the Agency amends a decision. The Agency may also levy fees where it revokes an earlier decision due to non-compliance of the holder of an authorisation or certification.

               2.The applications referred to in paragraph 1 shall cover:

               (a)vehicle authorisations for placing on the market and vehicle type authorisations in accordance with Article 20 and 21 of Regulation (EU) 2016/796;

               (b)single safety certificates in accordance with Article 14 of Regulation (EU) 2016/796;

               (c)decisions for approval of the interoperability compliance of an ERTMS track-side equipment solution with the relevant TSI in accordance with Article 22 of Regulation (EU) 2016/796;

               (d)appeals referred to in Article 58 of Regulation (EU) 2016/796, in accordance with Article 7 of this Regulation;

               3.The Agency shall levy charges for the provision of services other than those referred to in paragraph 1, requested by an applicant or any other person. In particular, it shall levy charges for the pre-engagement process provided for in Regulation (EU) 2018/545 and in Regulation [the implementing act referred to in Article 10(10) of Directive (EU) 2016/798]
                  6

               4.The Agency shall publish a list of services on its website.

               Article 3

               Calculation of fees and charges

               1.The amount of fees and charges shall be the total of the following:

               (a)the number of hours spent by Agency staff and external experts, on the processing of the application multiplied by the hourly rate of the Agency; and

               (b)the relevant costs of the NSAs resulting from the processing of the national part of the application.

               2.The Agency shall apply an hourly rate of 130 euros for the purposes of paragraph 1(a).

               Article 4

               Estimates of fees and charges

               1.The Agency shall, at the request of the applicant, issue a non-binding estimate of the amount of the fees and charges related to the application or request for services and provide information on when the invoices will be issued.

               The NSAs which are involved in the processing of an application shall provide a non-binding estimate of their costs as referred to in Article 3 (1) (b) to the Agency to be included in the estimate issued by the Agency.

               2.During the processing of an application, the Agency and the NSAs shall monitor their costs. At the request of the applicant, when costs risk exceeding the estimate by more than 15 %, the Agency shall inform the applicant thereof.

               3.Where the processing of an application or a service lasts longer than one year, the applicant may request a new estimate.

               4.Where the issuing of estimates and any review thereof is requested, the deadlines set by Article 19(4) and Article 21(6) of Directive (EU) 2016/797 and Article 10(6) of Directive (EU) 2016/798 may be suspended for a maximum of ten working days.

               Article 5

               Conditions of payment

               1.The Agency shall issue an invoice for the fees and charges due, within 30 calendar days of the date

               (a)of the decision of the Agency or Board of Appeal; or

               (b)when the service rendered ended; or

               (c)of withdrawal of an application; or

               (d)of any other event leading to cessation of processing of an application

               2.The invoice shall detail:

               (a)the number of hour spent by the Agency; and

               (b)where relevant, the costs charged per NSA responsible. These shall be specified in relation to task and time spent or in form of fixed rates applied to the processing of the national part of the application.

               3.The NSAs shall provide the Agency with a statement of costs for their contribution to be included in the invoice issued by the Agency, at the latest when the Agency requests it. The statement of costs shall detail how these costs have been calculated.

               4.Payment of the fees and charges shall be denominated and payable in euro.

               5.The Agency shall notify applicants of the decision and issue the invoice via the One Stop Shop referred to in Article 12 of Regulation (EU) 2016/796.

               6.The Agency may invoice interim amounts every 6 months.

               7.Payment of the fees and charges shall be made by means of transfer to the Agency's bank account indicated for that purpose.

               8.Applicants shall ensure that the Agency receives payment of the amounts due, including any bank charges related to that payment, within 60 calendar days from the date of notification of the invoice.

               9.Where the applicant is a small or medium- sized enterprise, the Agency shall take into account requests for a reasonable extension of the time limit for payment and payment by instalments.

               For the purposes of this Regulation, small or medium-sized enterprise means an enterprise which employs fewer than 250 persons and which has an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million.

               10.NSAs shall receive reimbursement of cost incurred for processing the national part of the applications within the deadlines referred to in paragraphs 8 and 9.

               Article 6

               Failure to pay

               1.Where the Agency has not received the payment within the periods laid down in Article 5(8) and (9), it may charge interest for each additional calendar day until the payment is received and shall apply the recovery rules provided for in Article 80 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council
                  7
               .

               2.The interest rate shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by eight percentage points.

               3.Where the Agency has evidence that the applicant’s financial ability is at risk, it may reject an application unless the applicant provides a bank guarantee or secured deposit.

               4.The Agency may reject a new application, where the applicant has not fulfilled its payment obligations arising out of previous authorisation, certification and approval tasks or services performed by the Agency, unless the applicant pays for the outstanding amounts due for those   authorisation, certification and approval tasks or services provided.

               5.The Agency shall take all appropriate legal steps to ensure full payment of invoices issued. To this end, NSAs which have submitted a statement of cost for reimbursement shall support the Agency in this process.

               Article 7

               Appeal and fees for appeal

               1.The Agency shall levy a fee in respect of any appeal which is dismissed or withdrawn.

               2.The appeal fee shall be 10 000 euro or equal to the amount of the fee charged for the decision appealed against, whichever is lower.

               3.The Registrar of the Board of Appeal shall inform the appellant of the conditions of payment. The appellant shall have 30 calendar days for payment from the date of notification of the invoice.

               4.An applicant may appeal against the invoiced fees and charges to the Board of Appeal.

               Article 8

               Publication and revision of the rates

               1.The Agency shall publish its hourly rate referred to in Article 3, on its website.

               2.The NSA shall publish the rates relevant for establishing the costs charged to the Agency referred to in Article 3 (1) (b). Where the NSA applies a fixed rate it shall specify to which authorisation and certification case the fixed rate will apply.

               3.The website of the Agency shall contain a link to that information.

               4.The Agency shall include in the annual report referred to in Article 51(1)(a) of Regulation (EU) 2016/796 information on the elements serving as a basis for the hourly rate, the financial results and the forecasts.

               Article 9

               Procedures of the Agency

               1.In order to distinguish the revenue and expenditure from the activities subject to fees and charges referred to in Article 1(1), the Agency shall:

               (a)receive and keep the fees and charges generated income in a separate bank account;

               (b)annually report on the total revenue and expenditure attributable to the activities subject to fees and charges as well as the cost structure and performance.

               2.If at the end of a financial year the overall revenue from fees and charges exceeds the overall cost of the activities subject to fees and charges, the excess shall be kept in a budgetary reserve and shall be used to deal with surpluses or deficits in accordance with the Agency’s Financial Regulation.

               3.The sustainability of income from activities subject to fees and charges shall be ensured.

               Article 10

               Evaluation and Revision

               1.The regime for fees and charges shall be subject to an assessment once every financial year. This assessment shall be based on the Agency’s previous financial results and its estimate of expenditure and revenue. It shall also be related to the Agency's Single Programming Document.

               2.The Commission shall on the basis of the assessment of financial results and forecasts of the Agency, revise fees and charges, if necessary.

               3.In light of the information provided by the Agency in its annual report referred to in Article 8, this Regulation shall be reviewed at the latest by 16 June 2022 with a view to the progressive introduction of fixed fees.

               Article 11

               Transitional provisions

               In the cases referred to in Article 55(4) of Regulation (EU) 2018/545 and in Article 15(4) of [the implementing act referred to in Article 10(10) of Directive (EU) 2016/798], the work done before the submission of the application to the Agency shall not be covered by fees and charges in this Regulation and shall be subject to national legislation.

               Article 12

               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.

               It shall apply from 16 February 2019.

               This Regulation shall be binding in its entirety and directly applicable in all Member States.

               Done at Brussels, 2.5.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p.1)

                     (2)

                        Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ  L 138, 26.5.2016, p.102)

                     (3)

                        Commission Implementing Regulation XXX

                     (4)

                        Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ  L 138, 26.5.2016, p.44)

                     (5)

                        Commission Implementing Regulation (EU) 2018/545 of 4 April 2018 establishing practical arrangements for the railway vehicle authorisation and railway vehicle type authorisation process pursuant to Directive (EU) 2016/797 of the European Parliament and of the Council (OJ L 90, 6.4.2018, p. 66)

                     (6)

                        Commission Implementing Regulation XX

                     (7)

                        Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1–96)


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... on the establishment of a temporary direct statistical action for the dissemination of selected topics of the 2021 population and housing census geocoded to a 1 km² grid

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

               of 21.11.2018

               on the establishment of a temporary direct statistical action for the dissemination of selected topics of the 2021 population and housing census geocoded to a 1 km² grid

               (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 223/2009 of the European Parliament and of the Council on European statistics
                  1
               , and in particular Article 14(2) thereof,

               Whereas:

               (1)The dissemination of Union-wide harmonised census topics on a constant area grid, in particular on a 1 km² grid, is a key European statistical output for future policy-making and census strategies by the Member States.

               (2)Pursuant to Article 14(1)(b) of Regulation (EC) No 223/2009, the Commission may decide in specific and duly justified cases, in order to meet unexpected needs, on a temporary direct statistical action which shall fulfil conditions laid down in Article14(2) of that Regulation.

               (3)This temporary direct statistical action should provide for data collection covering one reference year. All Member States should be able to produce univariate census data geocoded to a 1 km² grid at the reference date for the 2021 population and housing census; the Union should also make financial contributions to National Statistical Institutes and other national authorities to cover the incremental costs incurred by them. This action is supported by a cost-effectiveness analysis and an estimate of overall incremental production costs provided by the Commission.

               (4)This action is justified by a common need across the Union for reliable, accurate and comparable information on population distribution with sufficient spatial resolution, founded on harmonised output requirements and intended in particular for pan-European regional policy-making.

               (5)Harmonised, spatially resolved demographic information across the Union is available, and the objective is to disseminate one dataset per Member State, containing selected topics of the 2021 population and housing census geocoded to a 1 km² grid. There is no additional burden on respondents as all necessary information will be obtained from the 2021 census data.

               (6)In particular, in order to achieve comparable harmonised outputs across the Union, a Union-wide constant area grid consisting of 1 km² cells needs to be determined. Furthermore, the specific topics and their breakdowns as well as the detailed programme to be disseminated on this 1 km² grid need to be established. Finally, it is necessary to specify the required spatial and statistical metadata for such a dataset.

               (7)Directive 2007/2/EC of the European Parliament and of the Council
                  2
                and related Commission Implementing Regulations lay down the required metadata
                  3
               , data format
                  4
               , and network services
                  5
                for the dissemination of spatial data. In particular, point 1 of Annex III covers possible statistical grid systems for spatial data dissemination and, according to point 10 of Annex III, is applicable to spatial datasets under the theme ‘Population distribution — demography’.

               (8)Regulation (EC) No 763/2008 of the European Parliament and the Council
                  6
                and related Commission Implementing Regulations establish common rules for transmission of the 2021 census data, in particular the reference year and the required metadata
                  7
               , the technical specifications of the census topics and their breakdowns
                  8
               , and the technical format
                  9
               .

               (9)Member States should transmit their validated data and metadata in electronic form, in an appropriate technical format to be provided by the Commission. The Statistical Data and Metadata eXchange (SDMX) initiative on statistical and technical standards for the exchange and sharing of data and metadata, on which the Census Hub is based, was launched by the Bank of International Settlements, the European Central Bank, the Commission (Eurostat), the International Monetary Fund, the Organisation for Economic Cooperation and Development (OECD), the United Nations and the World Bank. For the exchange of official statistics, SDMX and the Census Hub provide statistical, technical and transmission standards. A technical format in accordance with those standards should therefore be introduced.

               (10)The Commission (Eurostat) hosted a project on ‘Harmonised protection of census data in the ESS’, which delivered good practices and implementation guidelines for the harmonised disclosure protection of 1 km² grid data.

               (11)The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Subject matter

               A temporary direct statistical action is hereby established in order to develop, produce and disseminate selected topics of the 2021 population and housing census geocoded to a 1 km² grid (‘1 km² grid data’).

               To this end, a unique harmonised and constant geospatial reference grid for Europe is determined consisting of cells with an area of 1 km². And the specific topics and their breakdowns are established as well as the detailed programme and metadata for the dissemination of 2021 population and housing census data geocoded to the 1 km² reference grid.

               Article 2

               Definitions

               For the purposes of this Regulation, the definitions in Article 2 of Regulation (EC) No 763/2008 shall apply.

               The following definitions shall also apply:

               (1)‘grid’, ‘grid cell’ and ‘grid point’ mean grid, grid cell and grid point as defined in Annex II (2.1) of Regulation (EU) No 1089/2010;

               (2)‘total population’ means all persons of a grid cell whose usual residence is located in that grid cell;

               (3)‘data item’ means a single measurement contained in the table defined in Annex II of this Regulation;

               (4)‘data value’ means the information provided by a data item. A data value can be either a ‘numerical value’ or a ‘special value’;

               (5)‘numerical value’ means an integer number equal to or greater than ‘0’ that provides statistical information on the observation of that data item;

               (6)‘validated data’ means data verified by the Member States according to agreed validation rules;

               (7)‘observed value’ means a numerical value that represents observed or imputed information to the best of knowledge based on all available 2021 census information, in particular before the application of any statistical disclosure control measures;

               (8)‘confidential value’ means a numerical value which, in order to protect the statistical confidentiality of the data, must not be divulged in accordance with the Member States’ protective measures against disclosure of statistical data;

               (9)‘special value’ means a symbol that is transmitted in a data item instead of a numerical value;

               (10)‘flag’ means a code that can accompany a particular data item to describe a specific characteristic of its data value.

               Article 3

               Technical specifications of the 1 km² reference grid

               1.In accordance with Section 1.5 of Annex IV of Regulation (EU) No 1089/2010, the statistical 1 km² reference grid for pan-European usage shall be the Equal Area Grid ‘Grid_ETRS89-LAEA1000’. The spatial extent of the reference grid in the coordinate system specified for this grid in Section 2.2.1 of Annex II of the same Regulation shall be limited to easting values between 900 000 and 7 400 000 metres and northing values between 900 000 and 5 500 000 metres for the purpose of this Regulation.

               2.In accordance with Section 1.4.1.1 of Annex IV of the same Regulation, each individual grid cell of the 1 km² reference grid shall be identified by a unique grid cell code, which is composed of the characters ‘CRS3035RES1000mN’. This is followed by the northing value in metres of the grid point in the lower-left corner of the grid cell, followed by the character ‘E’, followed by the easting value in metres of the grid point in the lower-left corner of the grid cell.

               3.The country code of the transmitting Member State as defined in the Interinstitutional Style Guide published by the Publications Office of the European Union, followed by the character ‘_’, shall be prepended to the cell code of each grid cell transmitted by that Member State.

               Article 4

               Technical specifications of the 1 km² grid data topics and their breakdowns

               The technical specifications of the topics set out in the Annex to Regulation (EU) 2017/543 for the 2021 census data shall apply. The breakdowns of the topics for the purpose of this Regulation are specified in Annex I of this Regulation.

               Article 5

               Programme of the 1 km² grid data

               1.The programme of the 1 km² grid data to be transmitted by each Member State to the Commission (Eurostat) for the reference year 2021 is specified in Annex II.

               2.Member States shall replace any confidential value with the special value ‘not available’.

               Article 6

               Output harmonisation

               1.In order to facilitate Union-wide comparability, the output data values to be disseminated shall be harmonised. To this end, preference shall be given to numerical values over special values as far as possible.

               2.In order to ensure sufficiently accurate and reliable information on the spatial distribution of the total population, Member States shall respect the following requirements:

               (a)data items on total population shall not be reported as confidential;

               (b)data items on total population with an observed value other than ‘0’ shall be marked with the flag ‘populated’; and

               (c)data items on total population with an observed value ‘0’ shall not be marked with the flag ‘populated’.

               Article 7

               Metadata

               Member States shall provide the Commission (Eurostat) with metadata for the 1 km² grid data in accordance with Annex III.

               Article 8

               Reference date

               The reference date of the 1 km² grid data transmitted by each Member State shall be identical to the reference date reported by that Member State in accordance with Article 3 of Regulation (EU) 2017/712.

               Article 9

               Data and metadata transmission date

               1.Member States shall provide the Commission (Eurostat) with validated and aggregated data and with metadata on total population by 31 December 2022.

               2.Without prejudice to paragraph 1, Member States shall provide the Commission (Eurostat) with validated and aggregated data and with metadata by 31 March 2024.

               Article 10

               Technical format for data and metadata transmission

               The technical format to be used for data and metadata transmission shall be the SDMX format as implemented through the Census Hub. Member States shall transmit the required data and metadata in accordance with the data structure definitions and related technical specifications provided by the Commission (Eurostat). They shall store the required data and metadata until 31 December 2034 for any later transmission requested by the Commission (Eurostat).

               Article 11

               Quality requirements

               1.Member States shall ensure the quality of the data transmitted.

               2.For the purposes of this Regulation, the quality criteria referred to in Article 12(1) of Regulation (EC) No 223/2009 shall apply to the data to be transmitted.

               3.At the request of the Commission (Eurostat), Member States shall provide it with additional information necessary to evaluate the quality of the statistical information.

               Article 12

               Dissemination

               1.The Commission (Eurostat) shall disseminate the 1 km² grid datasets referred to in Article 5 as well as the associated metadata referred to in Article 7.

               2.For the purposes of this Regulation, the programme of the 1 km² grid data and metadata to be transmitted by Member States and disseminated by Eurostat corresponds to the data that Member States disseminate at national level in accordance with Directive 2007/2/EC and its implementing Regulations (EC) No 1205/2008, (EC) No 976/2009 and (EU) No 1089/2010.

               Article 13

               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, 21.11.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 87, 31.3.2009, p. 164.

                     (2)

                        Directive 2007/2/EC of the European Parliament and of the Council establishing an infrastructure for spatial information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

                     (3)

                        Commission Regulation (EC) No 1205/2008 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards metadata (OJ L 326, 4.12.2008, p. 12).

                     (4)

                        Commission Regulation (EU) No 1089/2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services (OJ L 323, 8.12.2010, p. 11).

                     (5)

                        Commission Regulation (EC) No 976/2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the Network Services (OJ L 274, 20.10.2009, p. 9).

                     (6)

                        Regulation (EC) No 763/2008 of the European Parliament and of the Council on population and housing censuses (OJ L 218, 13.8.2008, p. 14).

                     (7)

                        Commission Regulation (EU) 2017/712 establishing the reference year and the programme of the statistical data and metadata for population and housing censuses provided for by Regulation (EC) No 763/2008 of the European Parliament and of the Council (OJ L 105, 21.4.2017, p. 1).

                     (8)

                        Commission Implementing Regulation (EU) 2017/543 laying down rules for the application of Regulation (EC) No 763/2008 of the European Parliament and of the Council on population and housing censuses as regards the technical specifications of the topics and of their breakdowns (OJ L 78, 23.3.2017, p. 13).

                     (9)

                        Commission Implementing Regulation (EU) 2017/881 implementing Regulation (EC) No 763/2008 of the European Parliament and of the Council on population and housing censuses, as regards the modalities and structure of the quality reports and the technical format for data transmission, and amending Regulation (EU) No 1151/2010 (OJ L 135, 24.5.2017, p. 6).

    ---documentbreak---

               ANNEX I

               Technical specifications of the census topic breakdowns referred to in Article 4

               The technical specifications of the breakdowns for the purpose of this Regulation of the census topics specified in the Annex of Regulation (EU) 2017/543 shall be presented as follows:

               –Each topic selected for dissemination on the 1 km² reference grid is quoted with its heading from the Annex of Regulation (EU) 2017/543.

               –The technical specifications laid down in the Annex of Regulation (EU) 2017/543 referring to that topic in general shall apply.

               –Thereafter, the breakdown for that topic is specified.

               –All breakdowns are designed to break down any total or subtotal referring to persons.

               Topic: Place of usual residence

               The breakdown categories of this topic on which a Member State shall report are all cells of the 1 km² reference grid specified in Article 3(1) whose area includes a part of the territory of that Member State, complemented by a single virtual grid cell per Member State to account for persons that are not allocated.

                        Geographical area based on the 1 km² reference grid
                           1

                        GEO.G.

                        x.

                        All grid cells belonging partly or entirely to the territory of the Member State

                        x.

                        y.

                        One virtual grid cell per Member State

                        y.

               If the place of usual residence of a person is unknown within the territory of the reporting Member State that is covered by the reference grid, additional scientifically-based, well-documented, and publicly available statistical estimation methods may be used to allocate this person to a specific grid cell. Persons who are not allocated to any cell of the reference grid shall be allocated to the virtual grid cell GEO.G.y. of that Member State.

               Topic: Sex

               The breakdown SEX. specified in the Annex of Regulation (EU) 2017/543 for this topic shall apply for the purpose of this Regulation.

               Topic: Age

               The following breakdown categories shall be reported:

                        Age

                        AGE.G.

                        1.

                        Under 15 years

                        1.

                        2.

                        15 to 64 years

                        2.

                        3.

                        65 years and over

                        3.

               As specified in the Annex of Regulation (EU) 2017/543, the age reached in completed years of age at the reference date shall be reported.

               Topic: Current activity status (number of employed persons)

               The following breakdown category included in the breakdown CAS.L. specified in Regulation (EU) 2017/543 shall be reported:

                        Current activity status

                        CAS.L.

                        1.

                        Employed persons

                        1.1.

               The specification of ‘employed’ persons in the Annex of Regulation (EU) 2017/543 shall apply for this category.

               Topic: Country/place of birth

               The following breakdown categories included in the breakdown POB.L. specified in Regulation (EU) 2017/543 shall be reported:

                        Country/place of birth

                        POB.L.

                        1.

                        Place of birth in reporting country

                        1.

                        2.

                        Place of birth in other EU Member State

                        2.1.

                        3.

                        Place of birth elsewhere

                        2.2.

               Topic: Place of usual residence one year prior to the census

               The following breakdown categories included in the breakdown ROY. specified in Regulation (EU) 2017/543 shall be reported:

                        Place of usual residence one year prior to the census

                        ROY.

                        1.

                        Usual residence unchanged

                        1.

                        2.

                        Move within the reporting country

                        2.1.

                        3.

                        Move from outside the reporting country

                        2.2.

               A move within the same grid cell shall be reported either as a ‘Move within the reporting country’ (ROY.2.1.) or as a ‘Move from outside the reporting country’ (ROY.2.2.) as appropriate.

               ANNEX II

               Programme of the statistical census data geocoded to the 1 km² reference grid referred to in Article 5

               The programme of the 1 km² grid data to be transmitted for the reference year 2021 shall consist of one two-dimensional table that cross-tabulates the set of grid cells GEO.G. defined in Annex I against the following selection of categories from the census topic breakdowns specified in Annex I:

                        Census topic categories to be broken down on the 1 km² reference grid

                        STAT.G.

                        0.

                        SEX.0.: Total population

                        0.

                        1.

                        SEX.1.: Male

                        1.

                        2.

                        SEX.2.: Female

                        2.

                        3.

                        AGE.G.1.: Under 15 years

                        3.

                        4.

                        AGE.G.2.: 15 to 64 years

                        4.

                        5.

                        AGE.G.3.: 65 years and over

                        5.

                        6.

                        CAS.L.1.1.: Employed persons
                           2

                        6.

                        7.

                        POB.L.1.: Place of birth in reporting country

                        7.

                        8.

                        POB.L.2.1.: Place of birth in other EU Member State

                        8.

                        9.

                        POB.L.2.2.: Place of birth elsewhere

                        9.

                        10.

                        ROY.1.: Place of usual residence one year prior to the census unchanged

                        10.

                        11.

                        ROY.2.1.: Place of usual residence one year prior to the census: move within reporting country

                        11.

                        12.

                        ROY.2.2.: Place of usual residence one year prior to the census: move from outside of the reporting country

                        12.

               ANNEX III

               Required metadata for the 1 km² grid data referred to in Article 7

               Metadata on data items

               1.Where applicable, Member States shall add the following flags to a data item:

               (a)‘provisional’;

               (b)‘populated’;

               (c)‘revised’;

               (d)‘see information attached’;

               (e)‘confidential’
                  3
               .

               2.Only data values on ‘total population’ which are reported under Article 9(1) and which are not considered final data by the Member State at the time of reporting shall be accompanied by the flag ‘provisional’.

               3.The flag ‘populated’ shall be applicable only to ‘total population’ data items under the provisions specified in Article 6(2).

               4.For each data value accompanied by at least one of the flags ‘revised’ or ‘see information attached’ an explanatory text shall be provided.

               5.Each data item whose confidential value has been replaced by the special value ‘not available’ shall be marked with the flag ‘confidential’.

               Metadata on the topics

               In addition to the metadata on the topics transmitted to the Commission (Eurostat) under Article 6 of Regulation (EU) 2017/712, Member States shall provide metadata on each topic included in Annex I informing about the data sources and methodology used to obtain the data values for that topic on the 1 km² reference grid. In particular, the metadata shall contain:

               –information on the reliability and accuracy of the reported data values;

               –a description of any methodology used to estimate the data values on the 1 km² reference grid, including reliability and accuracy of the resulting data values;

               –a description of any methodology used to allocate persons to specific grid cells under the topic ‘place of usual residence’, including information on the characteristics of persons under the category GEO.G.y.

               Reference metadata

               The metadata information and structure laid down in the Annex of Regulation (EU) 2017/881 shall be supplemented for the purpose of this Regulation by the following items specifically referring to the 1 km² grid data:

               –Item 3.3. ‘Processing and evaluation’ shall be supplemented by the additional sub-item 3.3.3. ‘Additional information on generic (not topic-related) methodology applied in order to produce the 1 km² grid dataset’.

               –Item 3.4. ‘Dissemination’ shall be supplemented by specific information about statistical disclosure control measures related to the 1 km² grid dataset. Member States shall provide the Commission (Eurostat) with information about the measures related to the harmonised protection of 1 km² grid data, in particular if they used the ESS good practices and implementation guidelines for the harmonised protection of 1 km² grid data.

               –Item 4.2. ‘Timeliness and punctuality’ shall be supplemented by specific calendar date(s) of the transmission and possible revisions of the 1 km² grid data and metadata.

               –Item 4. ‘Assessment of data quality’ shall be supplemented by the additional sub-item 4.7 ‘Geographic information – data quality’ covering geographic quality principles, in particular territorial coverage and comparability, positional accuracy, as well as temporal coherence and completeness of the geographic data used for geocoding.

                     (1)

                        The codes ‘x.’ are grid cell identification codes as specified in Article 3. The code ‘y.’ shall consist of the character string ‘unallocated’ prepended by the country code of the reporting Member State as specified in Article 3(3).

                     (2)

                        Data on the category ‘employed persons’ shall be transmitted as far as possible, subject to availability in the transmitting Member State.

                     (3)

                        This flag is not applicable to data items on total population, as laid down in Article 6(2)(a).


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... laying down specific rules concerning the procedure to be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council

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

               of 18.12.2018

               laying down specific rules concerning the procedure to be followed in order to carry out the risk assessment of high risk plants, plant products and other objects within the meaning of Article 42(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council

               THE EUROPEAN COMMISSION,

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

               Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC
                  1
               , and in particular Article 42(6) thereof

               Whereas:

               (1)Rules should be established to ensure that the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 is conducted within a reasonable period of time and on the basis of a timely processing of technical dossiers.

               (2)In order for that risk assessment to be conducted, an application should be submitted to the Commission only by the National Plant Protection Organisation, within the meaning of the International Plant Protection Convention, of the third country. This is necessary to ensure that all the necessary elements for the assessment of the risk associated with plants, plant products or other objects to be introduced in the Union territory are certified by the responsible public authority of the third country. This would be necessary for the credibility and justification of the risk assessment as a basis of measures taken pursuant to Article 42(4) of Regulation (EU) 2016/2031. Those provisions should apply without prejudice to the right of the Commission to submit requests to the European Food Safety Authority (EFSA) to issue scientific opinions pursuant to Article 29 and provide scientific or technical assistance pursuant to Article 31 of Regulation (EC) No 178/2002
                  2
               .

               (3)The technical dossier should contain data on the commodities to be introduced into the territory of the Union, as well as data on the identification of pests potentially associated with the commodity in the exporting country, data on national phytosanitary mitigation measures, inspections and treatments and processing of the commodity and contact details of the natural person responsible for liaising with the Commission and EFSA. Such data are essential in order to perform the commodity risk assessment and to identify the pest species for which phytosanitary mitigation measures may be required.

               (4)In order to provide EFSA with all the necessary elements to conduct the risk assessment, the technical dossier should contain the information specified in the EFSA document entitled "Information required for dossiers to support demands for import of high risk plants, plant products and other objects as foreseen in Article 42 of Regulation (EU) 2016/2031
                  3
               ".

               (5)It is appropriate that, after acknowledging receipt of the technical dossier, the Commission examine whether it contains the required information and may ask, where necessary, for additional information or clarifications so that it is ensured that the application contains all the required and appropriate elements for the risk assessment.

               (6)Rules should be established concerning the conduct of risk assessment by EFSA, its communication with the applicant and the publication of that assessment, in order to ensure a transparent, efficient and timely risk assessment process.

               (7)In order to avoid that the disclosure of certain information harms the competitive position of certain third parties, the provisions concerning confidentiality of Regulation (EC) No 178/2002 of the European Parliament and of the Council should apply accordingly.

               (8)For reasons of legal certainty, this Regulation should apply from the same date as Regulation (EU) 2016/2031.

               (9)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

               HAS ADOPTED THIS REGULATION:

               Article 1
               Subject matter and scope

               This Regulation lays down procedures for risk assessment foreseen under Article 42(4) of Regulation (EU) 2016/2031 with a view to ensuring that such assessment is conducted within a reasonable period of time and on the basis of a demand for import accompanied by a comprehensive technical dossier and subject to a defined procedure.

               Article 2
               Submission of technical dossiers

               A technical dossier for carrying out the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 may only be submitted to the Commission by a National Plant Protection Organisation of a third country.

               The technical dossier shall be accompanied by elements indicating that demand for import exists within the meaning of article 42(5) of Regulation (EU) 2016/2031.

               Article 3
               Content of the technical dossier

               The technical dossier shall contain for each plant, plant product or other objects all of the following elements:

               (a)information on the commodity, including treatments and processing of the commodity;

               (b)information on the identification of pests potentially associated with the commodity in the exporting country;

               (c)information on phytosanitary mitigation measures and inspections;

               (d)the contact details of the National Plant Protection Organisation contact point of the third country responsible for liaising with the Commission and the European Food Safety Authority (EFSA).

               The technical dossier shall also contain all the elements referred to in the EFSA document entitled "Information required for dossiers to support demands for import of high risk plants, plant products and other objects as foreseen in Article 42 of Regulation (EU) 2016/2031".

               The applicant may indicate the information, the disclosure of which might harm the competitive position of a certain third party and which should therefore be treated as confidential in accordance with Article 6 of this Regulation. Verifiable justification shall be given in such cases.

               The dossier shall be submitted in one of the official languages of the Union.

               Article 4
               Reception and examination of the technical dossier by the Commission

               The Commission shall acknowledge receipt of the technical dossier.

               It shall examine whether the technical dossier contains the information described in points (a) to (d) of the first paragraph of Article 3, and may ask the applicant for additional information or clarifications, as required by the content and the subject of that technical dossier.

               Where the Commission concludes that those requirements are fulfilled, it shall transmit the technical dossier to EFSA and inform Member States accordingly.

               Article 5
               Conduct and completion of the risk assessment

               EFSA shall verify that the technical dossier complies with its document referred to in the second paragraph of Article 3, and may ask the applicant for additional information or clarifications, as required by the content and the subject of the technical dossier.

               Following that verification, EFSA shall proceed with the risk assessment.

               During the conduct of the risk assessment, EFSA may communicate directly with the applicant to ask for additional information or clarifications.

               EFSA shall inform the Commission of every communication with the applicant.

               EFSA shall complete the risk assessment within a reasonable period of time and submit it to the Commission. EFSA shall publish the risk assessment in the EFSA Journal.

               On the basis of that risk assessment, the Commission shall, as necessary, modify the list of high risk plants, plant products or other objects referred to in Article 42(3) of Regulation (EU) 2016/2031 in accordance with Article 42(4) of that Regulation.

               Article 6
               Confidentiality

               For the purpose of this Regulation, the provisions laid down in Article 39 of Regulation (EC) No 178/2002 concerning the confidentiality of information submitted by the applicant shall apply accordingly.

               Article 7
               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

               It shall apply from 14 December 2019.

               This Regulation shall be binding in its entirety and directly applicable in all Member States.

               Done at Brussels, 18.12.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 317, 23.11.2016, p. 4.

                     (2)

                        OJ L 031, 1.2.2002, p. 1.

                     (3)

                        European Food Safety Authority (EFSA), Dehnen-Schmutz K, Jaques Miret JA , Jeger M, Potting R, Corini A, Simone G, Kozelska S, Munoz Guajardo I, Stancanelli G and Gardi C, 2018. Information required for dossiers to support demands for import of high risk plants, plant products and other objects as foreseen in Article 42 of Regulation (EU) 2016/2031. EFSA supporting publication 2018:EN-1492, 22pp. doi:10.2903/sp.efsa.2018.1492