3.12.2015

Official Journal of the European Union

L 317/1

COUNCIL DECISION (EU) 2015/2226

of 26 October 2015

on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)	Regulation (EU) No 509/2014 of the European Parliament and of the Council (1) transferred the reference to the Kingdom of Tonga from Annex I to Annex II to Council Regulation (EC) No 539/2001 (2).

(2)	That reference to the Kingdom of Tonga is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

(3)	On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Kingdom of Tonga for the conclusion of an agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver (the ‘Agreement’).

(4)	Negotiations on the Agreement were opened on 19 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 29 May 2015 by the Kingdom of Tonga and on 10 June 2015 by the Union.

(5)

The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the day following the date of signature thereof, pending the completion of the procedures for its formal conclusion.

(6)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(7)	This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The declarations attached to this Decision shall be approved on behalf of the Union.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 4

The Agreement shall be applied on a provisional basis as from the day following the date of signature thereof (5), pending the completion of the procedures for its conclusion.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 26 October 2015.

For the Council

The President

C. DIESCHBOURG

(1) Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

(2) Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

(3) Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

(4) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

(5) The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

3.12.2015

Official Journal of the European Union

L 317/3

AGREEMENT

between the European Union and the Kingdom of Tonga on the short-stay visa waiver

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’, and

THE KINGDOM OF TONGA, hereinafter referred to as ‘Tonga’,

hereinafter referred to jointly as the ‘Contracting Parties’,

WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,

HAVING REGARD to Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring 19 third countries, including Tonga, to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States,

BEARING IN MIND that Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union,

DESIRING to safeguard the principle of equal treatment of all EU citizens,

TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law and national law of the Member States and the national law of Tonga on the visa obligation or exemption and on the access to employment continue to apply,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Tonga when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

Article 2

Definitions

For the purpose of this Agreement:

(a)	‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

(b)	‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

(c)	‘a citizen of Tonga’ shall mean any person who holds the citizenship of Tonga;

(d)	‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

Article 3

Scope of application

1. Citizens of the Union holding a valid ordinary, diplomatic, service, official or special passport issued by a Member State may enter and stay without a visa in the territory of Tonga for the period of stay as defined in Article 4(1).

Citizens of Tonga holding a valid ordinary, diplomatic, service, official or special passport issued by Tonga may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).

2. Paragraph 1 of this Article does not apply to persons travelling for the purpose of carrying out a paid activity.

For that category of persons, each Member State individually may decide to impose a visa requirement on the citizens of Tonga or to withdraw it in accordance with Article 4(3) of Council Regulation (EC) No 539/2001 (2).

For that category of persons, Tonga may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.

3. The visa waiver provided for by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Tonga reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met.

4. The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.

5. Issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Tonga.

Article 4

Duration of stay

1. Citizens of the Union may stay in the territory of Tonga for a maximum period of 90 days in any 180-day period.

2. Citizens of Tonga may stay in the territory of the Member States fully applying the Schengen acquis for a maximum period of 90 days in any 180-day period. That period shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.

Citizens of Tonga may stay for a maximum period of 90 days in any 180-day period in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the territory of the Member States fully applying the Schengen acquis.

3. This Agreement does not affect the possibility for Tonga and the Member States to extend the period of stay beyond 90 days in accordance with their respective national laws and Union law.

Article 5

Territorial application

1. As regards the French Republic, this Agreement shall apply only to the European territory of the French Republic.

2. As regards the Kingdom of the Netherlands, this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.

Article 6

Joint Committee for the management of the Agreement

1. The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the ‘Committee’), composed of representatives of the Union and representatives of Tonga. The Union shall be represented by the European Commission.

2. The Committee shall have, inter alia, the following tasks:

(a)	monitoring the implementation of this Agreement;

(b)	suggesting amendments or additions to this Agreement;

(c)	settling disputes arising from the interpretation or application of this Agreement.

3. The Committee shall be convened whenever necessary, at the request of one of the Contracting Parties.

4. The Committee shall establish its rules of procedure.

Article 7

Relationship of this Agreement to existing bilateral visa waiver agreements between the Member States and Tonga

This Agreement shall take precedence over any bilateral agreements or arrangements concluded between individual Member States and Tonga, in so far as they cover issues falling within the scope hereof.

Article 8

Final provisions

1. This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date of the later of the two notifications by which the Contracting Parties notify each other that those procedures have been completed.

This Agreement shall be applied on a provisional basis as from the day following the date of signature hereof.

2. This Agreement is concluded for an indefinite period, unless terminated in accordance with paragraph 5.

3. This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.

4. Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, the protection of national security or the protection of public health, illegal immigration or upon the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than two months before its planned entry into force. A Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party should the reasons for that suspension cease to exist and shall lift that suspension.

5. Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days thereafter.

6. Tonga may suspend or terminate this Agreement only in respect of all the Member States.

7. The Union may suspend or terminate this Agreement only in respect of all of its Member States.

Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Съставено в Брюксел на двадесети ноември две хиляди и петнадесета година.

Hecho en Bruselas, el veinte de noviembre de dos mil quince.

V Bruselu dne dvacátého listopadu dva tisíce patnáct.

Udfærdiget i Bruxelles den tyvende november to tusind og femten.

Geschehen zu Brüssel am zwanzigsten November zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta novembrikuu kahekümnendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι Νοεμβρίου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the twentieth day of November in the year two thousand and fifteen.

Fait à Bruxelles, le vingt novembre deux mille quinze.

Sastavljeno u Bruxellesu dvadesetog studenoga dvije tisuće petnaeste.

Fatto a Bruxelles, addì venti novembre duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada divdesmitajā novembrī.

Priimta du tūkstančiai penkioliktų metų lapkričio dvidešimtą dieną Briuselyje.

Kelt Brüsszelben, a kéteze-tizenötödik év november havának huszadik napján.

Magħmul fi Brussell, fl-għoxrin jum ta’ Novembru fis-sena elfejn u ħmistax.

Gedaan te Brussel, de twintigste november tweeduizend vijftien.

Sporządzono w Brukseli dnia dwudziestego listopada roku dwa tysiące piętnastego.

Feito em Bruxelas, em vinte de novembro de dois mil e quinze.

Întocmit la Bruxelles la douăzeci noiembrie două mii cincisprezece.

V Bruseli dvadsiateho novembra dvetisícpätnásť.

V Bruslju, dne dvajsetega novembra leta dva tisoč petnajst.

Tehty Brysselissä kahdentenakymmenentenä päivänä marraskuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den tjugonde november år tjugohundrafemton.

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

За Кралство Тонга

Por el Reino de Tonga

Za Království Tonga

For Kongeriget Tonga

Für das Königreich Tonga

Tonga Kuningriigi nimel

Για το Βασίλειο της Τόνγκα

For the Kingdom of Tonga

Pour le Royaume des Tonga

Za Kraljevinu Tongu

Per il Regno di Tonga

Tongas Karalistes vārdā –

Tongos Karalystės vardu

A Tongai Királyság részéről

Għar-Renju ta' Tonga

Voor het Koninkrijk Tonga

W imieniu Królestwa Tonga

Pelo Reino de Tonga

Pentru Regatul Tonga

Za Tongské kráľovstvo

Za Kraljevino Tongo

Tongan kuningaskunnan puolesta

För Konungariket Tonga

(1) OJ L 149, 20.5.2014, p. 67.

Joint Declaration with regard to Iceland, Norway, Switzerland and Liechtenstein

The Contracting Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of those countries with the implementation, application and development of the Schengen acquis.

In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, and Liechtenstein, on the one hand, and Tonga, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in terms similar to those of this Agreement.

Joint Declaration on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity as provided for in Article 3(2) of this Agreement

Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purposes of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation or remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.

This category should not cover:

—	businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party),

—	sportspersons or artists performing an activity on an ad-hoc basis,

—	journalists sent by the media of their country of residence, and,

—	intra-corporate trainees.

The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.

Joint Declaration on the interpretation of the period of 90 days in any 180-day period as set out in Article 4 of this Agreement

The Contracting Parties understand that the maximum period of 90 days in any 180-day period as provided for by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the total duration of which does not exceed 90 days in any 180-day period.

The notion of ‘any’ implies the application of a moving 180-day reference period, looking backwards at each day of the stay into the last 180-day period, in order to verify if the 90 days in any 180-day period requirement continues to be fulfilled. Inter alia, it means that an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days.

Joint Declaration on informing citizens about the visa waiver Agreement

Recognising the importance of transparency for the citizens of the European Union and the citizens of Tonga, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.

3.12.2015

Official Journal of the European Union

L 317/9

COUNCIL DECISION (Euratom) 2015/2227

of 10 November 2015

approving the conclusion, by the European Commission, of the amendments to Protocols 1 and 2 to the Agreement between the United Kingdom, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the recommendation from the European Commission,

Whereas:

(1)

The Commission has, in accordance with the Council directives adopted by Council Decision of 23 September 2013, negotiated amendments to Protocols 1 and 2 to the Agreement between the United Kingdom, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (‘the amendments to Protocols 1 and 2’).

(2)	The conclusion, by the European Commission, of the amendments to Protocols 1 and 2 should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The conclusion by the European Commission of the amendments to Protocols 1 and 2 to the Agreement between the United Kingdom, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean is hereby approved.

The text of the amendments to Protocols 1 and 2 is attached to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 10 November 2015.

For the Council

The President

P. GRAMEGNA

ANNEX

Paragraph I of Protocol 1 to the Agreement between the United Kingdom, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (‘the Safeguards Agreement’) is replaced by the following:

‘I.

(A)

Until such time as

(1)

United Kingdom Protocol I territories have, in peaceful nuclear activities, nuclear material in quantities exceeding the limits stated, for the type of material in question, in Article 35 of the Agreement between United Kingdom, the Community and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (hereinafter referred to as “the Agreement”), or

(2)

the decision has been taken to construct or authorize construction of a facility, as defined in the Definitions, in United Kingdom Protocol I territories,

the implementation of the provisions in Part II of the Agreement shall be held in abeyance, with the exception of Articles 31-37, 39, 47, 48, 58, 60, 66, 67, 69, 71-75, 81, 83-89, 93 and 94.

(B)

The information to be reported pursuant to paragraphs (a) and (b) of Article 32 of the Agreement may be consolidated and submitted in an annual report; similarly, an annual report shall be submitted, if applicable, with respect to the import and export of nuclear material described in paragraph (c) of Article 32.

(C)

In order to enable the timely conclusion of the Subsidiary Arrangements provided for in Article 37 of the Agreement, the Community shall:

(1)	notify the Agency sufficiently in advance of its having nuclear material in peaceful nuclear activities in United Kingdom Protocol I territories in quantities that exceed the limits referred to in section (A) hereof, or

(2)

notify the Agency as soon as the decision to construct or to authorize construction of a facility in United Kingdom Protocol I territories has been taken,

whichever occurs first. At such time, procedures for cooperation in the application of the safeguards provided for under the Agreement shall be agreed upon, as necessary, between the United Kingdom, the Community and the Agency.’.

II.

Paragraph I of Protocol 2 to the Safeguards Agreement is replaced by the following:

‘I.

At such time as the Community notifies the Agency in accordance with Section 1(C) of Protocol 1 of this Agreement that there is nuclear material in peaceful nuclear activities in United Kingdom Protocol I territories in quantities that exceed the limits referred to in Section 1(A)(1) of Protocol 1 of this Agreement or that the decision has been taken to construct or authorize construction of a facility, as defined in the Definitions, in United Kingdom Protocol I territories, as referred to in Section 1(A)(2) of Protocol 1 of this Agreement, whichever occurs first, a Protocol for procedures for cooperation in the application of the safeguards provided for under the Agreement shall be agreed upon between the United Kingdom, the Community and the Agency. Such procedures will amplify certain provisions of the Agreement and, in particular, specify the conditions and means according to which the cooperation referred to above shall be implemented in such a way as to avoid unnecessary duplication of safeguards activities. The procedures shall be, to the extent practicable, based upon those then in force under Protocols to, and the subsidiary arrangements of, other safeguards agreements between Member States of the Community, the Community and the Agency, including the related special understandings agreed upon by the Community and the Agency.’.

3.12.2015

Official Journal of the European Union

L 317/11

COUNCIL DECISION (Euratom) 2015/2228

of 10 November 2015

approving the conclusion, by the European Commission, of the amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the recommendation from the European Commission,

Whereas:

(1)

The Commission has, in accordance with the Council directives adopted by Council Decision of 22 April 2013, negotiated amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (‘the amendments to Protocols 1 and 2’).

(2)	The conclusion, by the European Commission, of the amendments to Protocols 1 and 2 should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The conclusion by the European Commission of the amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean is hereby approved.

The text of the amendments to Protocols 1 and 2 is attached to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 10 November 2015.

For the Council

The President

P. GRAMEGNA

ANNEX

Paragraph I of Protocol 1 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (‘the Safeguards Agreement’) is replaced by the following:

‘I.

(A)

Until such time as

(1)

French Protocol I territories have, in peaceful nuclear activities, nuclear material in quantities exceeding the limits stated, for the type of material in question, in Article 35 of the Agreement between France, the Community and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (hereinafter referred to as “the Agreement”), or

(2)

the decision has been taken to construct or authorize construction of a facility, as defined in the Definitions, in French Protocol I territories,

the implementation of the provisions in Part II of the Agreement shall be held in abeyance, with the exception of Articles 31-37, 39, 47, 48, 58, 60, 66, 67, 69, 71-75, 81, 83-89, 93 and 94.

(B)

(C)

In order to enable the timely conclusion of the Subsidiary Arrangements provided for in Article 37 of the Agreement, the Community shall:

(1)	notify the Agency sufficiently in advance of its having nuclear material in peaceful nuclear activities in French Protocol I territories in quantities that exceed the limits referred to in section (A) hereof, or

(2)

notify the Agency as soon as the decision to construct or to authorize construction of a facility in French Protocol I territories has been taken,

II.

Paragraph I of Protocol 2 to the Safeguards Agreement is replaced by the following:

‘I.

At such time as the Community notifies the Agency in accordance with Section 1(C) of Protocol 1 of this Agreement that there is nuclear material in peaceful nuclear activities in French Protocol I territories in quantities that exceed the limits referred to in Section 1(A)(1) of Protocol 1 of this Agreement or that the decision has been taken to construct or authorize construction of a facility, as defined in the Definitions, in French Protocol I territories, as referred to in Section 1(A)(2) of Protocol 1 of this Agreement, whichever occurs first, a Protocol for procedures for cooperation in the application of the safeguards provided for under the Agreement shall be agreed upon between France, the Community and the Agency. Such procedures will amplify certain provisions of the Agreement and, in particular, specify the conditions and means according to which the cooperation referred to above shall be implemented in such a way as to avoid unnecessary duplication of safeguards activities. The procedures shall be, to the extent practicable, based upon those then in force under Protocols to, and the subsidiary arrangements of, other safeguards agreements between Member States of the Community, the Community and the Agency, including the related special understandings agreed upon by the Community and the Agency.’.

3.12.2015

Official Journal of the European Union

L 317/13

COMMISSION DELEGATED REGULATION (EU) 2015/2229

of 29 September 2015

amending Annex I to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (1), and in particular Article 23(4) thereof,

Whereas:

(1)	Regulation (EU) No 649/2012 implements the Rotterdam Convention on the Prior Informed Consent Procedure (‘PIC procedure’) for certain hazardous chemicals and pesticides in international trade, signed on 11 September 1998 and approved, on behalf of the Community, by Council Decision 2003/106/EC (2).

(2)

It is appropriate that regulatory action in respect of certain chemicals taken pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3), Regulation (EC) No 1107/2009 of the European Parliament and of the Council (4), and Regulation (EC) No 850/2004 of the European Parliament and of the Council (5) be taken into account.

(3)

The approval of the substance fenbutatin oxide has been withdrawn in accordance with Regulation (EC) No 1107/2009, with the effect that fenbutatin oxide is banned for use as pesticide and thus should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(4)

The substances lead compounds, dibutyltin compounds, dioctyltin compounds, trichlorobenzene, pentachloroethane, 1,1,2,2-tetrachloroethane, 1,1,1,2-tetrachloroethane, 1,1,2-trichloroethane and 1,1-dichloroethene are severely restricted as industrial chemical for public use in accordance with Regulation (EC) No 1907/2006 and thus should be added to Part 1 of Annex I to Regulation (EU) No 649/2012.

(5)

Regulation (EC) No 850/2004 was amended in 2012 by the Commission in order to implement the decision taken under the Stockholm Convention to list endosulfan in Part 1 of Annex A to the Stockholm Convention by adding that chemical to Part A of Annex I to Regulation (EC) No 850/2004. Consequently, that chemical has been added to Part 1 of Annex V to Regulation (EU) No 649/2012 and should be removed from Part 1 of Annex I to Regulation (EU) No 649/2012.

(6)

At its sixth meeting held from 28 April to 10 May 2013, the Conference of the Parties to the Rotterdam Convention decided to include commercial pentabromodiphenyl ether, including tetra- and pentabromodiphenyl ether, as well as commercial octabromodiphenyl ether, including hexa- and heptabromodiphenyl ether, in Annex III to that Convention, with the effect that those chemicals became subject to the PIC procedure under that Convention. Those chemicals should thus be added to the list of chemicals contained in Part 3 of Annex I to Regulation (EU) No 649/2012.

(7)

The combined nomenclature code (CN code) is important for determination of the control measures that apply to traded goods. To ease handling of CN codes and identification of the correct control measures that apply to chemicals listed in Annex I to Regulation (EU) No 649/2012, the CN codes that cover more chemicals than those listed in Annex I should be identified by an ‘ex’ before the CN code.

(8)	Regulation (EU) No 649/2012 should therefore be amended accordingly.

(9)	It is appropriate to grant some time to all interested parties to take the measures necessary to comply with this Regulation and to Member States to take the measures necessary for its implementation,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) No 649/2012 is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 February 2016.

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

Done at Brussels, 29 September 2015.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 201, 27.7.2012, p. 60.

(2) Council Decision 2003/106/EC of 19 December 2002 concerning the approval, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (OJ L 63, 6.3.2003, p. 27).

(3) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

(4) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(5) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158, 30.4.2004, p. 7).

ANNEX

Annex I to Regulation (EU) No 649/2012 is amended as follows:

(1)

Part 1 is amended as follows:

(a)	the entry for endosulfan is deleted;

(b)

the following entries are added:

Chemical	CAS No	Einecs No	CN code (***)	Subcategory (*)	Use limitation (**)	Countries for which no notification is required
‘1,1-Dichloroethene	75-35-4	200-864-0	ex 2903 29 00	i(2)	sr
1,1,2-Trichloroethane	79-00-5	201-166-9	ex 2903 19 80	i(2)	sr
1,1,1,2-Tetrachloroethane	630-20-6	211-135-1	ex 2903 19 80	i(2)	sr
1,1,2,2-Tetrachloroethane	79-34-5	201-197-8	ex 2903 19 80	i(2)	sr
Dibutyltin compounds	683-18-1 77-58-7 1067-33-0 and others	211-670-0 201-039-8 213-928-8 and others	ex 2931 90 80	i(2)	sr
Dioctyltin compounds	3542-36-7 870-08-6 16091-18-2 and others	222-583-2 212-791-1 240-253-6 and others	ex 2931 90 80	i(2)	sr
Fenbutatin oxide	13356-08-6	236-407-7	ex 2931 90 80	p(1)	b
Lead compounds	598-63-0 1319-46-6 7446-14-2 7784-40-9 7758-97-6 1344-37-2 25808-74-6 13424-46-9 301-04-2 7446-27-7 15245-44-0 and others	209-943-4 215-290-6 231-198-9 232-064-2 231-846-0 215-693-7 247-278-1 236-542-1 206-104-4 231-205-5 239-290-0 and others	ex 2836 99 17 ex 3206 49 70 ex 2833 29 60 ex 2842 90 80 ex 2841 50 00 ex 3206 20 00 ex 2826 90 80 ex 2850 00 60 ex 2915 29 00 ex 2835 29 90 ex 2908 99 00	i(2)	sr
Pentachloroethane	76-01-7	200-925-1	ex 2903 19 80	i(2)	sr
Trichlorobenzene	120-82-1	204-428-0	ex 2903 99 90	i(2)	sr’

(c)	the term ‘CN code’ in the column heading is replaced by ‘CN code (***)’;

(d)

the following footnote is added:

‘(***)

An “ex” before a code implies that chemicals other than those referred to in the column “Chemical” may also fall under that subheading.’;

(2)

Part 2 is amended as follows:

(a)

the following entry is added:

Chemical	CAS No	Einecs No	CN code (***)	Category (*)	Use limitation (**)
‘Fenbutatin oxide	13356-08-6	236-407-7	ex 2931 90 80	p	b’

(b)	the term ‘CN code’ in the column heading is replaced by ‘CN code (***)’;

(c)

the following footnote is added:

‘(***)

An “ex” before a code implies that chemicals other than those referred to in the column “Chemical” may also fall under that subheading.’;

(3)

Part 3 is amended as follows:

(a)

the following entries are added:

Chemical

Relevant CAS number(s)

HS code

Pure substance (**)

HS code

Mixtures containing substance (**)

Category

‘Commercial pentabromodiphenyl ether, including

ex ex 3824.90

Industrial

—	tetrabromodiphenyl ether

40088-47-9

—	pentabromodiphenyl ether

32534-81-9

Commercial octabromodiphenyl ether, including

ex ex 3824.90

Industrial’

—	hexabromodiphenyl ether

36483-60-0

—	heptabromodiphenyl ether

68928-80-3

(b)	the term ‘HS code Pure substance’ in the column heading is replaced by ‘HS code Pure substance (**)’;

(c)	the term ‘HS code Mixtures containing substance’ in the column heading is replaced by ‘HS code Mixtures containing substance (**)’;

(d)

the following footnote is added:

‘(**)

An “ex” before a code implies that chemicals other than those referred to in the column “Chemical” may also fall under that subheading.’

3.12.2015

Official Journal of the European Union

L 317/17

COMMISSION REGULATION (EU) 2015/2230

of 30 November 2015

establishing a prohibition of fishing for greater forkbeard in Union and international waters of VIII and IX by vessels flying the flag of Spain

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 36(2) thereof,

Whereas:

(1)	Council Regulation (EU) No 1367/2014 (2) lays down quotas for 2015.

(2)	According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2015.

(3)	It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2015 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

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, 30 November 2015.

For the Commission,

On behalf of the President,

João AGUIAR MACHADO

Director-General for Maritime Affairs and Fisheries

(1) OJ L 343, 22.12.2009, p. 1.

(2) Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).

ANNEX

No	60/DSS
Member State	Spain
Stock	GFB/89-
Species	Greater forkbeard (Phycis blennoides)
Zone	Union and international waters of VIII and IX
Closing date	14.10.2015

3.12.2015

Official Journal of the European Union

L 317/19

COMMISSION REGULATION (EU) 2015/2231

of 2 December 2015

amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standards 16 and 38

(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 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), and in particular Article 3(1) thereof,

Whereas:

(1)	By Commission Regulation (EC) No 1126/2008 (2) certain international standards and interpretations that were in existence at 15 October 2008 were adopted.

(2)

On 12 May 2014, the International Accounting Standards Board (IASB) issued amendments to IAS 16 Property, Plant and Equipment and IAS 38 Intangible Assets entitled Clarification of Acceptable Methods of Depreciation and Amortisation. Due to divergent practices, it is necessary to clarify, whether it is appropriate to use revenue-based methods to calculate the depreciation or amortisation of an asset.

(3)	The consultation with the European Financial Reporting Advisory Group confirms that the amendments to IAS 16 and IAS 38 meet the criteria for adoption set out in Article 3(2) of Regulation (EC) No 1606/2002.

(4)	Regulation (EC) No 1126/2008 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1126/2008 is amended as follows:

(a)	International Accounting Standard (IAS) 16 Property, Plant and Equipment is amended as set out in the Annex to this Regulation;

(b)	IAS 38 Intangible Assets is amended as set out in the Annex to this Regulation.

Article 2

Each company shall apply the amendments referred to in Article 1, at the latest, as from the commencement date of its first financial year starting on or after 1 January 2016.

Article 3

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, 2 December 2015.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 243, 11.9.2002, p. 1.

(2) Commission Regulation (EC) No 1126/2008 of 3 November 2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council (OJ L 320, 29.11.2008, p. 1).

ANNEX

Clarification of Acceptable Methods of Depreciation and Amortisation

(Amendments to IAS 16 and IAS 38)

Amendments to IAS 16 Property, Plant and Equipment

Paragraph 56 is amended and paragraphs 62A and 81I are added. Paragraphs 60–62 are not amended but are included here for ease of reference.

Depreciable amount and depreciation period

…

56.

The future economic benefits embodied in an asset are consumed by an entity principally through its use. However, other factors, such as technical or commercial obsolescence and wear and tear while an asset remains idle, often result in the diminution of the economic benefits that might have been obtained from the asset. Consequently, all the following factors are considered in determining the useful life of an asset:

(a)

…

(c)

technical or commercial obsolescence arising from changes or improvements in production, or from a change in the market demand for the product or service output of the asset. Expected future reductions in the selling price of an item that was produced using an asset could indicate the expectation of technical or commercial obsolescence of the asset, which, in turn, might reflect a reduction of the future economic benefits embodied in the asset.

…

Depreciation method

60.

The depreciation method used shall reflect the pattern in which the asset's future economic benefits are expected to be consumed by the entity.

61.

The depreciation method applied to an asset shall be reviewed at least at each financial year-end and, if there has been a significant change in the expected pattern of consumption of the future economic benefits embodied in the asset, the method shall be changed to reflect the changed pattern. Such a change shall be accounted for as a change in an accounting estimate in accordance with IAS 8.

62.

A variety of depreciation methods can be used to allocate the depreciable amount of an asset on a systematic basis over its useful life. These methods include the straight-line method, the diminishing balance method and the units of production method. Straight-line depreciation results in a constant charge over the useful life if the asset's residual value does not change. The diminishing balance method results in a decreasing charge over the useful life. The units of production method results in a charge based on the expected use or output. The entity selects the method that most closely reflects the expected pattern of consumption of the future economic benefits embodied in the asset. That method is applied consistently from period to period unless there is a change in the expected pattern of consumption of those future economic benefits.

62A

A depreciation method that is based on revenue that is generated by an activity that includes the use of an asset is not appropriate. The revenue generated by an activity that includes the use of an asset generally reflects factors other than the consumption of the economic benefits of the asset. For example, revenue is affected by other inputs and processes, selling activities and changes in sales volumes and prices. The price component of revenue may be affected by inflation, which has no bearing upon the way in which an asset is consumed.

…

EFFECTIVE DATE

…

81I

Clarification of Acceptable Methods of Depreciation and Amortisation (Amendments to IAS 16 and IAS 38), issued in May 2014, amended paragraph 56 and added paragraph 62A. An entity shall apply those amendments prospectively for annual periods beginning on or after 1 January 2016. Earlier application is permitted. If an entity applies those amendments for an earlier period it shall disclose that fact.

Amendments to IAS 38 Intangible Assets

Paragraph 92 is amended. In paragraph 98, the phrase ‘unit of production method’ has been amended to ‘units of production method’. Paragraphs 98A–98C and 130J are added. Paragraph 97 is not amended but is included here for ease of reference.

USEFUL LIFE

…

92.

Given the history of rapid changes in technology, computer software and many other intangible assets are susceptible to technological obsolescence. Therefore, it will often be the case that their useful life is short. Expected future reductions in the selling price of an item that was produced using an intangible asset could indicate the expectation of technological or commercial obsolescence of the asset, which, in turn, might reflect a reduction of the future economic benefits embodied in the asset.

…

Amortisation period and amortisation method

97.

The depreciable amount of an intangible asset with a finite useful life shall be allocated on a systematic basis over its useful life. Amortisation shall begin when the asset is available for use, ie when it is in the location and condition necessary for it to be capable of operating in the manner intended by management. Amortisation shall cease at the earlier of the date that the asset is classified as held for sale (or included in a disposal group that is classified as held for sale) in accordance with IFRS 5 and the date that the asset is derecognised. The amortisation method used shall reflect the pattern in which the asset's future economic benefits are expected to be consumed by the entity. If that pattern cannot be determined reliably, the straight-line method shall be used. The amortisation charge for each period shall be recognised in profit or loss unless this or another Standard permits or requires it to be included in the carrying amount of another asset.

98.

A variety of amortisation methods can be used to allocate the depreciable amount of an asset on a systematic basis over its useful life. These methods include the straight-line method, the diminishing balance method and the units of production method. The method used is selected on the basis of the expected pattern of consumption of the expected future economic benefits embodied in the asset and is applied consistently from period to period, unless there is a change in the expected pattern of consumption of those future economic benefits.

98A

There is a rebuttable presumption that an amortisation method that is based on the revenue generated by an activity that includes the use of an intangible asset is inappropriate. The revenue generated by an activity that includes the use of an intangible asset typically reflects factors that are not directly linked to the consumption of the economic benefits embodied in the intangible asset. For example, revenue is affected by other inputs and processes, selling activities and changes in sales volumes and prices. The price component of revenue may be affected by inflation, which has no bearing upon the way in which an asset is consumed. This presumption can be overcome only in the limited circumstances:

(a)	in which the intangible asset is expressed as a measure of revenue, as described in paragraph 98C; or

(b)	when it can be demonstrated that revenue and the consumption of the economic benefits of the intangible asset are highly correlated.

98B

In choosing an appropriate amortisation method in accordance with paragraph 98, an entity could determine the predominant limiting factor that is inherent in the intangible asset. For example, the contract that sets out the entity's rights over its use of an intangible asset might specify the entity's use of the intangible asset as a predetermined number of years (ie time), as a number of units produced or as a fixed total amount of revenue to be generated. Identification of such a predominant limiting factor could serve as the starting point for the identification of the appropriate basis of amortisation, but another basis may be applied if it more closely reflects the expected pattern of consumption of economic benefits.

98C

In the circumstance in which the predominant limiting factor that is inherent in an intangible asset is the achievement of a revenue threshold, the revenue to be generated can be an appropriate basis for amortisation. For example, an entity could acquire a concession to explore and extract gold from a gold mine. The expiry of the contract might be based on a fixed amount of total revenue to be generated from the extraction (for example, a contract may allow the extraction of gold from the mine until total cumulative revenue from the sale of gold reaches CU2 billion) and not be based on time or on the amount of gold extracted. In another example, the right to operate a toll road could be based on a fixed total amount of revenue to be generated from cumulative tolls charged (for example, a contract could allow operation of the toll road until the cumulative amount of tolls generated from operating the road reaches CU100 million). In the case in which revenue has been established as the predominant limiting factor in the contract for the use of the intangible asset, the revenue that is to be generated might be an appropriate basis for amortising the intangible asset, provided that the contract specifies a fixed total amount of revenue to be generated on which amortisation is to be determined.

…

TRANSITIONAL PROVISIONS AND EFFECTIVE DATE

…

130J

Clarification of Acceptable Methods of Depreciation and Amortisation (Amendments to IAS 16 and IAS 38), issued in May 2014, amended paragraphs 92 and 98 and added paragraphs 98A–98C. An entity shall apply those amendments prospectively for annual periods beginning on or after 1 January 2016. Earlier application is permitted. If an entity applies those amendments for an earlier period it shall disclose that fact.

3.12.2015

Official Journal of the European Union

L 317/26

COMMISSION IMPLEMENTING REGULATION (EU) 2015/2233

of 2 December 2015

amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance haloxyfop-P

(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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the second alternative of Article 21(3) and Article 78(2) thereof,

Whereas:

(1)

Commission Directive 2010/86/EU (2) included haloxyfop-P as active substance in Annex I to Council Directive 91/414/EEC (3) under the condition that the Member States concerned ensure that the notifier at whose request haloxyfop-P was included in that Annex provides further confirmatory information on the risk for groundwater contamination by its soil metabolites.

(2)	Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

(3)	The notifier submitted additional information taking the form of studies with a view to confirm the risk assessment for groundwater to the rapporteur Member State Austria within the time period provided for its submission.

(4)	Austria assessed the additional information submitted by the notifier. It submitted its assessment, in the form of an addendum to the draft assessment report, to the other Member States, the Commission and the European Food Safety Authority, hereinafter ‘the Authority’, on 15 October 2013.

(5)	The Commission consulted the Authority which presented its opinion on the risk assessment of haloxyfop-P on 28 November 2014 (5).

(6)	The Commission considered that the additional information provided by the notifier demonstrated that metabolite DE-535 pyridinone must be considered to be toxicologically relevant and, as a consequence, should not occur in concentrations above the regulatory limit for groundwater of 0,1 μg/l.

(7)	The Commission invited the notifier to submit its comments on the review report for haloxyfop-P.

(8)	The Commission has concluded that the further confirmatory information required has not fully been provided and that an unacceptable risk for groundwater cannot be excluded except by imposing further restrictions.

(9)

It is confirmed that the active substance haloxyfop-P is to be deemed to have been approved under Regulation (EC) No 1107/2009. In order to preclude the occurrence of that metabolite in groundwater in excess of the above limit referred to in recital 6, it is, however, appropriate to amend the conditions of use of this active substance, in particular by setting limits to the rates and frequency of its application.

(10)	The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(11)	Member States should be provided with time to amend or withdraw authorisations for plant protection products containing haloxyfop-P.

(12)	For plant protection products containing haloxyfop-P, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, this period should expire at the latest 18 months after the entry into force of this Regulation.

(13)	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

Amendment to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

Article 2

Transitional measures

Member States shall, in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing haloxyfop-P as active substance by 23 June 2016.

Article 3

Grace period

Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 23 June 2017 at the latest.

Article 4

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, 2 December 2015.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 309, 24.11.2009, p. 1.

(2) Commission Directive 2010/86/EU of 2 December 2010 amending Council Directive 91/414/EEC to include haloxyfop-P as an active substance (OJ L 317, 3.12.2010, p. 36).

(3) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

(4) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

(5) European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of confirmatory data submitted for the active substance haloxyfop-p. EFSA Journal 2014;12(12):3931, 33 pp. doi:10.2903/j.efsa.2014.3931. Available online: www.efsa.europa.eu/efsajournal.htm

ANNEX

The column ‘Specific provisions’ of row 309, haloxyfop-P, of Part A of the Annex to Implementing Regulation (EU) No 540/2011 is replaced by the following:

‘PART A

Only uses as herbicide may be authorised at rates not exceeding 0,052 kg active substance per hectare per application, and only one application may be authorised every 3 years.

PART B

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on haloxyfop-P, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 28 October 2010 shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

—	the protection of groundwater from the relevant soil metabolite DE-535 pyridinone when the active substance is applied in regions with vulnerable soil and/or climatic conditions,

—	the safety of operators and ensure that conditions of use prescribe the use of adequate personal protective equipment,

—	the protection of aquatic organisms. Conditions of authorisation shall include risk mitigation measures, where appropriate, such as adequate buffer zones,

—	the consumer safety as regards the occurrence in groundwater of metabolite DE-535 pyridinol.’

3.12.2015

Official Journal of the European Union

L 317/29

COMMISSION IMPLEMENTING REGULATION (EU) 2015/2234

of 2 December 2015

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

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

Done at Brussels, 2 December 2015.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

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

(2) OJ L 157, 15.6.2011, p. 1.

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	AL	53,3
	MA	73,3
	ZZ	63,3
0707 00 05	AL	57,9
	MA	93,3
	TR	152,1
	ZZ	101,1
0709 93 10	AL	80,9
	MA	72,5
	TR	153,6
	ZZ	102,3
0805 10 20	MA	77,5
	TR	50,5
	UY	52,1
	ZA	53,6
	ZZ	58,4
0805 20 10	MA	76,9
	PE	78,3
	ZZ	77,6
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90	TR	87,0
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90	ZZ	87,0
0805 50 10	TR	103,6
0805 50 10	ZZ	103,6
0808 10 80	CA	159,0
	CL	85,4
	MK	28,7
	US	119,9
	ZA	155,9
	ZZ	109,8
0808 30 90	BA	91,6
	CN	97,5
	TR	144,0
	ZZ	111,0

(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.

3.12.2015

Official Journal of the European Union

L 317/31

COMMISSION IMPLEMENTING REGULATION (EU) 2015/2235

of 2 December 2015

fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009

THE EUROPEAN COMMISSION,

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

Whereas:

(1)	Section 3 of Chapter III of Commission Regulation (EC) No 1187/2009 (2) determines the procedure for allocating export licences for certain milk products to be exported to the Dominican Republic under a quota opened for that country.

(2)

Article 29 of Regulation (EC) No 1187/2009 provides for the possibility for operators to lodge export licence applications from 1 to 10 November if, after the period of submission of licence applications as referred to in the first paragraph of that Article, any quantity under the quota remains available.

(3)	Article 1 of Commission Implementing Regulation (EU) 2015/987 (3) specifies that the total remaining quantity for the quota year 2015/2016 is 3 843 tonnes.

(4)

The applications lodged between 1 and 10 November 2015 for the remaining period of the running quota year 2015/2016 cover quantities less than those available. As a result, it is appropriate, pursuant to the fourth subparagraph of Article 31(3) of Regulation (EC) No 1187/2009, to provide for the allocation of the remaining quantity. The issue of export licences for that remaining quantity should be conditional upon the competent authority being notified of the supplementary quantity accepted by the operator concerned and upon the interested operators lodging a security,

HAS ADOPTED THIS REGULATION:

Article 1

The applications for export licences lodged from 1 to 10 November 2015 for the remaining period of the running quota year 2015/2016 shall be accepted.

The quantities covered by export licence applications referred to in the first paragraph for the products referred to in Article 27(2) of Regulation (EC) No 1187/2009 shall be multiplied by an allocation coefficient of 1,175948.

Export licences for the quantities exceeding the quantities applied for and which are allocated in accordance with the coefficient set out in the second paragraph, shall be issued after acceptance by the operator within one week from the date of publication of this Regulation and subject to the lodging of the corresponding security.

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, 2 December 2015.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

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

(2) Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (OJ L 318, 4.12.2009, p. 1).

(3) Commission Implementing Regulation (EU) 2015/987 of 24 June 2015 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009 (OJ L 159, 25.6.2015, p. 51).

3.12.2015

Official Journal of the European Union

L 317/37

COMMISSION IMPLEMENTING DECISION (EU) 2015/2239

of 2 December 2015

concerning certain protective measures in relation to highly pathogenic avian influenza of subtypes H5N1 and H5N2 in France

(notified under document C(2015) 8755)

(Only the French text is authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Whereas:

(1)

Avian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry cause two main forms of that disease that are distinguished by their virulence. The low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most poultry species. That disease may have a severe impact on the profitability of poultry farming.

(2)	Avian influenza is mainly found in birds, but under certain circumstances infections can also occur in humans even though the risk is generally very low.

(3)

In the event of an outbreak of avian influenza, there is a risk that the disease agent might spread to other holdings where poultry or other captive birds are kept. As a result it may spread from one Member State to other Member States or to third countries through trade in live birds or their products.

(4)

Council Directive 2005/94/EC (3) sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds. That Directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza.

(5)	France notified the Commission of outbreaks of highly pathogenic avian influenza (HPAI) of the subtype H5 namely H5N1 and H5N2 in holdings on its territory where poultry or other captive birds are kept.

(6)

Ongoing laboratory investigations including sequencing in order to further characterise the causative virus of the first outbreak suggest that the genetics of the HPAI H5N1 virus strain are different from the HPAI virus of the H5N1 subtype that first appeared in Europe in 2005. Rather it appears that the HPAI virus strain of the H5N1 subtype detected in France recently mutated from a low pathogenic form previously detected in the Union to a virus of high pathogenicity. It appears therefore not necessary to apply the same additional protection measures as those laid down in Commission Decision 2006/415/EC (4) which were specifically adopted for the highly pathogenic avian influenza virus of H5N1 subtype that first appeared in Europe in 2005.

(7)	France took therefore immediately control measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones.

(8)

The Commission has examined those measures in collaboration with France, and it is satisfied that the borders of the protection and surveillance zones, established by the competent authority in that Member State, are at a sufficient distance to the actual holdings where the outbreaks were confirmed.

(9)

In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly define the protection and surveillance zones established in France at Union level in collaboration with that Member State.

(10)	Accordingly, the protection and surveillance zones in France, where the animal health control measures as laid down in Directive 2005/94/EC are applied, should be defined in the Annex to this Decision and the duration of that regionalisation fixed.

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

HAS ADOPTED THIS DECISION:

Article 1

France shall ensure that the protection and surveillance zones established in accordance with Article 16(1) of Directive 2005/94/EC comprise at least the areas listed as protection and surveillance zones in Parts A and B of the Annex to this Decision.

Article 2

This Decision shall apply until 31 March 2016.

Article 3

This Decision is addressed to the French Republic.

Done at Brussels,2 December 2015.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13.

(2) OJ L 224, 18.8.1990, p. 29.

(3) Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

(4) Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (OJ L 164, 16.6.2006, p. 51).

ANNEX

Part A

Protection zone as referred to in Article 1:

ISO Country Code	Member State	Postal code	Name	Date until applicable in accordance with Article 29 of Directive 2005/94/EC
FR	France		Area comprising the communes of:
		24042 24055 24069 24115 24520 24561	Biras Bourdeilles Bussac Château-L'Evêque Sencenac-Puy-De-Fourches Valeul	13.12.2015
		24095 24481	Chaleix Saint-Paul-la-Roche	23.12.2015
		24082 24152 24207 24587	Carsac-Aillac Domme Groléjac Vitrac	24.12.2015

Part B

Surveillance zone as referred to in Article 1:

ISO Country Code	Member State	Postal code	Name	Date until applicable in accordance with Article 31 of Directive 2005/94/EC
FR	France		Area comprising the communes of:
H5N1		24002 24010 24064 24098 24102 24108 24129 24135 24144 24170 24198 24200 24243 24266 24286 24319 24430 24553	Agonac Annesse-et-Beaulieu Brantome Champcevinel Chancelade La Chapelle-Gonaguet Condat-Sur Trincou Cornille Creyssac Eyvirat La Gonterie-Boulouneix Grand-Brassac Lisle Mensignac Montagrier Paussac-Et-Saint-Vivien Saint-Julien-De-Bourdeilles Tocane-Saint-Apre	22.12.2015
		24042 24055 24069 24115 24520 24561	Biras Bourdeilles Bussac Château-L'Evêque Sencenac-Puy-De-Fourches Valeul	14.12.-.12.2015
		24133 24180 24218 24269 24304 24305 24428 24486 24489 24498 24519 24522 24551	La Coquille Firbeix Jumilhac-le-Grand Mialet Nantheuil Nanthiat Saint-Jory-de-Chalais Saint-Pierre-de-Frugie Saint-Priest-les-Fougères Saint-Saud-Lacoussière Sarlande Sarrazac Thiviers	1.1.2016
		24095 24481	Chaleix Saint-Paul-la-Roche	24.12.2015- 1.1.2016
		24086 24091 24150 24040 24063 24074 24081 24082 24300 24336 24341 24355 24366 24395 24432 24450 24470 24471 24510 46006 46098 24512 24520 24574 24577 46186 46194 46216 46257	Castelnaud-la-Chapelle Cénac-et-Saint-Julien Daglan Beynac-et-Cazenac Bouzic Calviac-en-Périgord Carlux Carsac-Aillac Nabirat Prats-de-Carlux Proissans La Roque-Gageac Saint-André-d'Allas Saint-Cybranet Saint-Julien-de-Lampon Saint-Martial-de-Nabirat Sainte-Mondane Sainte-Nathalène Saint-Vincent-de-Cosse Anglars-Nozac Fajoles Saint-Vincent-le-Paluel Sarlat-la-Canéda Veyrignac Vézac Masclat Milhac Payrignac Saint-Cirq-Madelon	2.1.2016
		24040 24063 24074 24081 24082 24152 24207 24587	Beynac-et-Cazenac Bouzic Calviac-en-Périgord Carlux Carsac-Aillac Domme Groléjac Vitrac	25.12-.2.1.2016

		ISSN 1977-0677
Official Journal of the European Union		L 317

English edition	Legislation	Volume 58 3 December 2015

Contents		II Non-legislative acts	page
		INTERNATIONAL AGREEMENTS
	*	Council Decision (EU) 2015/2226 of 26 October 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver	1
		Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver	3
	*	Council Decision (Euratom) 2015/2227 of 10 November 2015 approving the conclusion, by the European Commission, of the amendments to Protocols 1 and 2 to the Agreement between the United Kingdom, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean	9
	*	Council Decision (Euratom) 2015/2228 of 10 November 2015 approving the conclusion, by the European Commission, of the amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean	11
		REGULATIONS
	*	Commission Delegated Regulation (EU) 2015/2229 of 29 September 2015 amending Annex I to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals ( 1 )	13
	*	Commission Regulation (EU) 2015/2230 of 30 November 2015 establishing a prohibition of fishing for greater forkbeard in Union and international waters of VIII and IX by vessels flying the flag of Spain	17
	*	Commission Regulation (EU) 2015/2231 of 2 December 2015 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standards 16 and 38 ( 1 )	19
	*	Commission Implementing Regulation (EU) 2015/2232 of 2 December 2015 authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2015 in all wine-growing regions of Denmark, the Netherlands, Sweden and the United Kingdom	24
	*	Commission Implementing Regulation (EU) 2015/2233 of 2 December 2015 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance haloxyfop-P ( 1 )	26
		Commission Implementing Regulation (EU) 2015/2234 of 2 December 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables	29
		Commission Implementing Regulation (EU) 2015/2235 of 2 December 2015 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009	31
		DECISIONS
	*	Council Decision (EU) 2015/2236 of 27 November 2015 establishing the position to be taken on behalf of the European Union within the Ministerial Conference of the World Trade Organisation as regards an extension of the moratorium on customs duties on electronic transmissions and the moratorium on non-violation and situation complaints	33
	*	Council Decision (EU) 2015/2237 of 30 November 2015 appointing a Danish alternate member of the Committee of the Regions	35
	*	Council Decision (EU) 2015/2238 of 30 November 2015 appointing a Dutch alternate member of the Committee of the Regions	36
	*	Commission Implementing Decision (EU) 2015/2239 of 2 December 2015 concerning certain protective measures in relation to highly pathogenic avian influenza of subtypes H5N1 and H5N2 in France (notified under document C(2015) 8755) ( 1 )	37

		Corrigenda
	*	Corrigendum to Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising ( OJ L 290, 23.10.1997 )	42