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Document L:2018:296:FULL

Official Journal of the European Union, L 296, 22 November 2018


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 296

European flag  

English edition

Legislation

Volume 61
22 November 2018


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Amendments to the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975)

1

 

 

REGULATIONS

 

*

Commission Regulation (EU) 2018/1798 of 21 November 2018 implementing Regulation (EC) No 808/2004 of the European Parliament and of the Council concerning Community statistics on the information society for the reference year 2019 ( 1 )

2

 

*

Commission Implementing Regulation (EU) 2018/1799 of 21 November 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 ( 1 )

19

 

*

Commission Implementing Regulation (EU) 2018/1800 of 21 November 2018 fixing the trigger volumes for the years 2019 and 2020 for the purposes of possible application of additional import duties on certain fruit and vegetables

28

 

 

DECISIONS

 

*

Council Implementing Decision (EU) 2018/1801 of 19 November 2018 on the launch of automated data exchange with regard to DNA data in Ireland

31

 

*

Council Implementing Decision (EU) 2018/1802 of 19 November 2018 on the launch of automated data exchange with regard to dactyloscopic data in Croatia

33

 

*

Commission Implementing Decision (EU) 2018/1803 of 20 November 2018 on authorising France to conclude an agreement with Saint-Barthélemy, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, and Wallis and Futuna respectively for transfers of funds between France and each of these territories to be treated as transfers of funds within France, pursuant to Regulation (EU) 2015/847 of the European Parliament and the Council (notified under document C(2018) 7434)

35

 

 

III   Other acts

 

 

EUROPEAN ECONOMIC AREA

 

*

Decision of the EEA Joint Committee No 244/2016 of 2 December 2016 amending Annex XIII (Transport) to the EEA Agreement [2018/1804]

37

 

 

Corrigenda

 

*

Corrigendum to Council Decision (CFSP) 2018/1787 of 19 November 2018 amending and extending Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces ( OJ L 293, 20.11.2018 )

40

 

*

Corrigendum to the Amendments to the Practice Rules for the implementation of the Rules of Procedure of the General Court ( OJ L 294, 21.11.2018 )

40

 


 

(1)   Text with EEA relevance.

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

INTERNATIONAL AGREEMENTS

22.11.2018   

EN

Official Journal of the European Union

L 296/1


Amendments to the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975)

According to UN Depositary Notification C.N.557.2018.TREATIES — XI.A.16 the following amendments to the TIR Convention enter into force on 3 February 2019 for all Contracting Parties

 

Article 1, paragraph (q)

After ‘customs authorities’ add ‘or other competent authorities’.

 

Article 3, paragraph (b)

For ‘approved’ read ‘authorized’.

 

Article 6, paragraph 2

For ‘approved’ read ‘authorized’.

 

Article 11, paragraph 3

For ‘three months’ read ‘one month’.

 

Article 38, paragraph 1

For the existing text read:

‘1.   Each of the Contracting Parties shall have the right to exclude temporarily or permanently from the operation of this Convention any person guilty of a serious or repeated offence against the customs laws or regulations applicable to the international transport of goods. The conditions in which the offence against the customs laws or regulations is considered to be serious shall be decided by the Contracting Party.’


REGULATIONS

22.11.2018   

EN

Official Journal of the European Union

L 296/2


COMMISSION REGULATION (EU) 2018/1798

of 21 November 2018

implementing Regulation (EC) No 808/2004 of the European Parliament and of the Council concerning Community statistics on the information society for the reference year 2019

(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 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society (1), and in particular Article 8(2) thereof,

Whereas:

(1)

Regulation (EC) No 808/2004 establishes a common framework for the systematic production of European statistics on the information society.

(2)

Implementing measures are needed to determine the data to be supplied in order to prepare the statistics in Module 1: ‘Enterprises and the information society’ and Module 2: ‘Individuals, households and the information society’, and to set the deadlines for their transmission.

(3)

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

The data to be transmitted in order to produce European statistics on the information society, as referred to in Article 3(2) and Article 4 of Regulation (EC) No 808/2004 in Module 1, ‘Enterprises and the information society’ and Module 2, ‘Individuals, households and the information society’, shall be as specified in Annexes I and II 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.

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

Done at Brussels, 21 November 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 143, 30.4.2004, p. 49.


ANNEX I

Module 1: Enterprises and the information society

A.   Subjects and their characteristics

(1)

The subjects to be covered for the reference year 2019, drawn from the list in Annex I to Regulation (EC) No 808/2004, shall be as follows:

(a)

ICT systems and their usage in enterprises;

(b)

use of the internet and other electronic networks by enterprises;

(c)

e-commerce;

(d)

e-business processes and organisational aspects;

(e)

ICT competence in the enterprise unit and the need for ICT skills;

(f)

barriers to the use of ICT, the internet and other electronic networks, e-commerce and e-business processes;

(g)

ICT security.

(2)

The following enterprise characteristics shall be collected:

(a)   ICT systems and their usage in enterprises

(i)

for all enterprises:

computer usage;

(ii)

for enterprises using computers:

(optional) persons employed or percentage of the total number of persons employed who use computers for business purposes.

(b)   Use of the internet and other electronic networks by enterprises

(i)

for enterprises using computers:

internet access;

(ii)

for enterprises with internet access:

persons employed or percentage of the total number of persons employed who use computers with access to the internet for business purposes;

(optional) use of voice or video call applications over the internet for business purposes;

internet connection: any type of fixed connection;

internet connection: provision of portable devices that allow a mobile connection using mobile telephone networks, for business purposes;

(optional) having a website;

use of social networks, not solely used for paid adverts;

use of the enterprise's blogs or microblogs, not solely used for paid adverts;

use of multimedia content sharing websites, not solely used for paid adverts;

use of wiki based knowledge sharing tools, not solely used for paid adverts;

(iii)

for enterprises having any type of fixed connection to the internet:

maximum contracted download speed of the fastest fixed internet connection in Mbit/s in the ranges: [0,< 2], [2,< 10], [10,< 30], [30,< 100], [> = 100];

(iv)

for enterprises that provide their persons employed with portable devices that allow a mobile internet connection using mobile telephone networks, for business purposes:

persons employed or percentage of the total number of persons employed using a portable device provided by the enterprise which allows internet connection via mobile telephone networks, for business purposes;

(v)

for enterprises having a website, information about the provision of the following facilities:

(optional) description of goods or services, price lists;

(optional) online ordering, reservation or booking;

(optional) possibility for visitors to customise or design online goods or services;

(optional) tracking or status of placed orders;

(optional) personalised content on the website for regular/recurrent visitors;

(optional) links or references to the enterprise's social media profiles;

(optional) use of information about visitors' behaviour on enterprise's website such as clicks, items viewed, for example for advertising or improving customer satisfaction;

(vi)

for enterprises using social media (not solely for paid adverts) referring specifically to social networks, the enterprise's blogs or microblogs, multimedia content-sharing websites or wiki-based knowledge-sharing tools:

use of social media to develop the enterprise's image or market products such as advertising or launching products;

use of social media to obtain or respond to customer opinions, reviews or questions;

use of social media to involve customers in development or innovation of goods or services;

use of social media to collaborate with business partners (such as suppliers) or other organisations (such as public authorities or non-governmental organisations);

use of social media to recruit employees;

use of social media to exchange views, opinions or knowledge within the enterprise.

(c)   E-commerce

(i)

for enterprises using computers:

receipt of orders for goods or services placed via a website or apps (web sales), in the previous calendar year;

receipt of orders for goods or services via EDI-type messages (EDI-type sales), in the previous calendar year;

(ii)

for enterprises having received orders for goods or services placed via a website or apps in the previous calendar year:

value of the turnover, expressed in absolute figures or as a percentage of total turnover, of e-commerce sales resulting from orders received via a website or apps, in the previous calendar year;

percentage of turnover from orders received via a website or apps, broken down by sales to private consumers (Business to Consumers: B2C), and sales to other enterprises (Business to Business: B2B) and to public authorities (Business to Government: B2G), in the previous calendar year;

receipt of orders for goods or services via the enterprise's own website or apps (including those of parent or affiliate enterprises, extranets), in the previous calendar year;

receipt of orders for goods or services via an e-commerce marketplace website or apps used by several enterprises for trading products, in the previous calendar year;

percentage of turnover from orders received via a website or apps broken down by orders received via the enterprise's own website or apps (including those of parent or affiliate enterprises, extranets) and by orders received via an e-commerce marketplace website or apps used by several enterprises for trading products, in the previous calendar year;

receipt of orders that were placed by customers via a website or apps by origin: own country, in the previous calendar year;

receipt of orders that were placed by customers via a website or apps by origin: other Member States, in the previous calendar year;

receipt of orders that were placed by customers via a website or apps by origin: rest of the world, in the previous calendar year;

(optional) the percentage of turnover from orders received via a website or apps in the previous calendar year broken down by origin: own country, other Member States and rest of the world;

(iii)

for enterprises having received orders for goods or services via EDI-type messages, in the previous calendar year:

value of the turnover, expressed in absolute figures or as a percentage of the total turnover, of e-commerce sales resulting from orders received via EDI-type messages, in the previous calendar year;

receipt of orders that were placed by customers via EDI-type messages, by origin: own country, in the previous calendar year;

receipt of orders that were placed by customers via EDI-type messages, by origin: other Member States, in the previous calendar year;

receipt of orders that were placed by customers via EDI-type messages, by origin: rest of the world, in the previous calendar year.

(d)   E-business processes and organisational aspects

(i)

for enterprises using computers:

use of an ERP (Enterprise Resource Planning) software package to share information among different functional areas;

use of any software application for managing information on customers (Customer Relationship Management — CRM software) that makes it possible to collect, store and make available to other business functions information about the enterprise's customers;

use of any software application for managing information on customers (Customer Relationship Management — CRM software) that enables information about customers to be analysed for marketing purposes.

(e)   ICT competence in the enterprise unit and the need for ICT skills

(i)

for enterprises using computers:

(optional) employment of ICT specialists;

(optional) provision of any type of training to develop ICT-related skills for ICT specialists, in the previous calendar year;

(optional) provision of any type of training to develop ICT-related skills for other persons employed, in the previous calendar year;

(optional) recruitment of or the attempt to recruit ICT specialists in the previous calendar year;

(optional) performance of ICT functions (such as maintenance of ICT infrastructure, support for office software, development or support of business management software/systems and/or web solutions, security and data protection) by own employees (including those employed in parent or affiliated enterprises) in the previous calendar year;

(optional) performance of ICT functions (such as maintenance of ICT infrastructure, support for office software, development or support of business management software/systems and/or web solutions, security and data protection) by external suppliers in the previous calendar year;

(ii)

for enterprises using computers and which have recruited or tried to recruit ICT specialists in the previous calendar year:

(optional) vacancies for ICT specialists that were difficult to fill.

(f)   Barriers to the use of ICT, the internet and other electronic networks, e-commerce and e-business processes

(i)

for enterprises that received orders placed by customers in other Member States, via a website or apps, during the previous calendar year: information about the following difficulties when selling to other Member States:

high costs of delivering or returning products;

difficulties related to resolving complaints and disputes;

adapting product labelling for sales to other Member States;

lack of knowledge of foreign languages to communicate with customers in other Member States;

restrictions imposed by the enterprise's business partners on sales to certain Member States.

(g)   ICT security

(i)

for enterprises with computers:

use as an ICT security measure: strong password authentication;

use as an ICT security measure: keeping the software (including operating systems) up-to-date;

use as an ICT security measure: user identification and authentication via biometric methods implemented by the enterprise;

use as an ICT security measure: encryption techniques for data, documents or e-mails;

use as an ICT security measure: data backup to a separate location (including backup to the cloud);

use as an ICT security measure: network access control (management of access by devices and users to the enterprise's network);

use as an ICT security measure: VPN (Virtual Private Network, which extends the private network across a public network to enable secure exchange of data over public network);

use as an ICT security measure: maintaining log files for analysis after security incidents;

use as an ICT security measure: ICT risk assessment, i.e. periodically assessment of probability and consequences of ICT security incidents;

use as an ICT security measure: ICT security tests such as performing penetration tests, testing security alert systems, reviewing security measures, testing backup systems;

making persons employed aware of their obligations in ICT security related issues through voluntary training or internally available information (such as information on the intranet);

making persons employed aware of their obligations in ICT security related issues through compulsory training courses or viewing compulsory material;

making persons employed aware of their obligations in ICT security related issues through a contract (such as a contract of employment);

ICT security related activities such as security testing, ICT training on security, resolving ICT security incidents (excluding upgrades of pre-packaged software) carried out by enterprise's own employees (including those employed in parent or affiliate enterprises);

ICT security related activities such as security testing, ICT training on security, resolving ICT security incidents (excluding upgrades of pre-packaged software) carried out by external suppliers;

availability of document(s) on measures, practices or procedures on ICT security;

problems experienced at least once in the previous calendar year due to ICT related incidents: unavailability of ICT services, for example denial of service attacks, ransomware attacks, hardware or software failures excluding mechanical failure, theft;

problems experienced at least once in the previous calendar year due to ICT related incidents: destruction or corruption of data, for example due to infection of malicious software or unauthorised intrusion, hardware or software failures;

problems experienced at least once in the previous calendar year due to ICT related incidents: disclosure of confidential data, for example due to intrusion, pharming, phishing attack, actions by enterprise's own employees (intentionally or unintentionally);

availability of an insurance against ICT security incidents;

(ii)

for enterprises having document(s) on measures, practices or procedures on ICT security:

(optional) document(s) on measures, practices or procedures on ICT security in the enterprise addressing: management of access rights for the usage of ICT, such as computers, network;

(optional) document(s) on measures, practices or procedures on ICT security in the enterprise addressing: storage, protection, access or processing of data;

(optional) document(s) on measures, practices or procedures on ICT security in the enterprise addressing: procedures or rules to prevent or respond to security incidents, such as pharming, phishing attacks, ransomware;

(optional) document(s) on measures, practices or procedures on ICT security in the enterprise addressing: responsibility, rights and duties of persons employed in the field of ICT, such as use of e-mails, mobile devices, social media;

(optional) document(s) on measures, practices or procedures on ICT security in the enterprise addressing: training of persons employed in the safe usage of ICT;

most recent definition or review of enterprise's document(s) on measures, practices or procedures on ICT security (such as risk assessment, evaluation of ICT security incidents): within the last 12 months; more than 12 months and up to twenty-four months ago; more than twenty-four months ago.

(3)

The following background information shall be collected from all enterprises, or obtained from alternative sources:

the enterprise's main economic activity in the previous calendar year;

the average number of persons employed in the previous calendar year;

the total value of turnover, excluding VAT, in the previous calendar year.

B.   Coverage

The characteristics specified in headings A (2) and (3) shall be collected for the following categories of enterprises:

(1)

Economic activity: enterprises classified by the following NACE Rev. 2 categories:

NACE Rev. 2 category

Description

Section C

Manufacturing

Section D, E

Electricity, gas and steam and air conditioning supply, water supply, sewerage, waste management and remediation activities

Section F

Construction

Section G

Wholesale and retail trade; repair of motor vehicles and motorcycles

Section H

Transportation and storage

Section I

Accommodation and food service activities

Section J

Information and communication

Section L

Real estate activities

Divisions 69-74

Professional, scientific and technical activities

Section N

Administrative and support service activities

Group 95.1

Repair of computers and communication equipment;

(2)

Enterprise size: enterprises with 10 or more persons employed. Enterprises with less than 10 persons employed may be covered optionally;

(3)

Geographical scope: enterprises located in any part of the territory of the Member State.

C.   Reference periods

The reference period is 2018 for the characteristics referring to the previous calendar year. The reference period is 2019 for the other characteristics.

D.   Breakdown of data

The following background characteristics shall be provided in respect of the subjects and their characteristics listed in heading (2) of Part A:

(1)

Economic activity breakdown: according to the following NACE Rev. 2 aggregates:

NACE Rev. 2 aggregation

for possible calculation of national aggregates

10 + 11 + 12 + 13 + 14 + 15 + 16 + 17 + 18

19 + 20 + 21 + 22 + 23

24 + 25

26 + 27 + 28 + 29 + 30 + 31 + 32 + 33

35 + 36 + 37 + 38 + 39

41 + 42 + 43

45 + 46 + 47

47

49 + 50 + 51 + 52 + 53

55

58 + 59 + 60 + 61 + 62 + 63

68

69 + 70 + 71 + 72 + 73 + 74

77 + 78 + 79 + 80 + 81 + 82

26.1 + 26.2 + 26.3 + 26.4 + 26.8 + 46.5 + 58.2 + 61 + 62 + 63.1 + 95.1

NACE Rev. 2 aggregation

for possible calculation of European aggregates

10 + 11 + 12

13 + 14 + 15

16 + 17 + 18

26

27 + 28

29 + 30

31 + 32 + 33

45

46

55 + 56

58 + 59 + 60

61

62 + 63

77 + 78 + 80 + 81 + 82

79

95.1

(2)

size class breakdown: data shall be broken down according to the following size classes by number of persons employed:

Size class

10 or more persons employed

10 to 49 persons employed

50 to 249 persons employed

250 or more persons employed

Where covered, a breakdown of the data shall be provided in accordance with the following table:

Size class

0 to 9 persons employed (optional)

2 to 9 persons employed (optional)

0 to 1 persons employed (optional)

E.   Periodicity

The data stipulated in this Annex shall be provided once for 2019.

F.   Deadlines for transmission of results

(1)

The aggregate data referred to in Article 6 and Annex I (6) of Regulation (EC) No 808/2004, where necessary flagged for confidentiality or unreliability, shall be transmitted to Eurostat by 5 October 2019. By that date, the dataset shall be finalised, validated and accepted.

(2)

The metadata referred to in Article 6 of Regulation (EC) No 808/2004 shall be sent to Eurostat by 31 May 2019.

(3)

The quality report referred to in Article 7(3) of Regulation (EC) No 808/2004 shall be sent to Eurostat by 5 November 2019.

(4)

The data and metadata shall be supplied to Eurostat, using the Single Entry Point services, in accordance with the exchange standard specified by Eurostat. The metadata and the quality report shall be provided in the standard metadata structure defined by Eurostat.

ANNEX II

Module 2: Individuals, households and the information society

A.   Subjects and their characteristics

(1)

The subjects to be covered for the reference year 2019, drawn from the list in Annex II to Regulation (EC) No 808/2004, shall be as follows:

(a)

access to and use of ICTs by individuals and/or in households;

(b)

use of the internet and other electronic networks for different purposes by individuals and/or in households;

(c)

ICT security and trust;

(d)

ICT competence and skills;

(e)

barriers to the use of ICT and the internet;

(f)

use of ICT by individuals to exchange information and services with governments and public administrations (e-government);

(g)

access to and use of technologies enabling connection to the internet or other networks from anywhere at any time (ubiquitous connectivity).

(2)

The following characteristics shall be collected:

(a)   Access to and use of ICT by individuals and/or in households

(i)

for all households:

access to the internet at home (by any device);

(ii)

for households with internet access:

internet connection: fixed broadband connection;

internet connection: mobile broadband connection (via mobile phone network of at least 3G);

(optional) internet connection: dial-up access over normal telephone line or ISDN;

(optional) internet connection: mobile narrowband connection (via mobile phone network below 3G).

(b)   Use of the internet for different purposes by individuals and/or in households

(i)

for all individuals:

most recent internet use, at any location, with any enabling device: in the last three months, between three months and a year ago, more than one year ago, never used the internet;

(ii)

for individuals who have used the internet in the last three months:

average frequency of internet use in the last three months: every day or almost every day, at least once a week (but not every day), less than once a week;

internet use in the last three months for private purposes for sending, receiving e-mails;

internet use in the last three months for private purposes for making calls (including video calls) over the internet;

internet use in the last three months for private purposes for participating in social networks (creating user profile, posting messages or other contributions);

internet use in the last three months for private purposes for using instant messaging (exchanging messages);

internet use in the last three months for private purposes for reading online news sites, newspapers or news magazines;

internet use in the last three months for private purposes for seeking health-related information (about matters such as injuries, diseases, nutrition, improving health);

internet use in the last three months for private purposes for finding information about goods or services;

internet use in the last three months for private purposes for posting opinions on civic or political issues via websites (such as blogs, social networks);

internet use in the last three months for private purposes, for taking part in online consultations or vote on civic or political issues (about matters such as urban planning, signing a petition);

internet use in the last three months for private purposes for looking for a job or sending a job application;

internet use in the last three months for private purposes for uploading self-created content (such as text, photos, music, videos, software) to share it on a website;

(optional) internet use in the last three months for private purposes for listening to music (such as web radio, music streaming);

internet use in the last three months for private purposes for selling goods or services (for example via auctions);

internet use in the last three months for private purposes for internet banking;

(optional) interacting in the last three months via the internet with household equipment or appliances (such as thermostat, light bulb, robot vacuum or security system);

use of internet storage space (cloud computing) in the last three months for private purposes for saving documents, pictures, music, video or other files;

internet use in the last three months for conducting learning activities for educational, professional or private purposes, by doing an online course;

internet use in the last three months for conducting learning activities for educational, professional or private purposes, by using online learning material other than a complete online course;

internet use in the last three months for conducting learning activities for educational, professional or private purposes, by communicating with instructors or students using educational websites or portals;

(optional) internet use in the last three months for conducting other learning activities for educational, professional or private purposes;

use of any website or app in the last 12 months to arrange an accommodation (such as a room, apartment, house, holiday cottage) from another private individual: from dedicated intermediary websites or apps, from other websites or apps (including social networks), not used;

use of any website or app in the last 12 months to arrange a transport services (such as cars) from another private individual: from dedicated intermediary websites or apps, from other websites or apps (including social networks), not used;

use of intermediary website or apps dedicated to obtain paid work (excluding websites of employment agencies) in the last 12 months: as main source of income, as additional source of income, not used;

internet use (excluding e-mails) in the last three months for buying or renewing existing insurance policies, including those offered as a package together with another service for private purposes in the last 12 months;

internet use (excluding e-mails) in the last three months for taking a loan or mortgage or arranging credit from banks or other financial providers for private purposes in the last 12 months;

internet use (excluding e-mails) in the last three months for buying or selling shares, bonds, funds or other investment services for private purposes in the last 12 months;

(iii)

for individuals who have used the internet every day or almost every day in the last three months:

use of the internet several times during the day;

(iv)

for individuals who have used the internet in the last 12 months:

last purchase or order of goods or services over the internet (using websites or apps; excluding orders via manually typed e-mails, short message service or multimedia messaging services) for private use via any device: in the last three months, between three months and a year ago, more than one year ago, never bought or ordered anything over the internet;

(v)

for individuals who have used the internet for internet commerce (buying or ordering goods or services) in the last three months:

the number of times goods or services were bought or ordered over the internet in the last three months for private use: number of times or in classes: 1 to 2 times, between 3 and 5 times, between 6 and 10 times, more than 10 times;

the total value of goods or services (excluding shares or other financial services) bought or ordered over the internet in the last three months for private use: amount in euro or in classes: less than EUR 50, EUR 50 to less than EUR 100, EUR 100 to less than EUR 500, EUR 500 to less than EUR 1 000, EUR 1 000 or more, unknown;

(vi)

for individuals who have used the internet for internet commerce (buying or ordering goods or services) in the last 12 months:

internet use for buying or ordering food or groceries for private use in the last 12 months;

internet use for buying or ordering household goods (such as furniture, toys, but excluding consumer electronics) for private use in the last 12 months;

internet use for buying or ordering medicine for private use in the last 12 months;

internet use for buying or ordering clothes or sports goods for private use in the last 12 months;

internet use for buying or ordering computer hardware for private use in the last 12 months;

internet use for buying or ordering electronic equipment (including cameras) for private use in the last 12 months;

internet use for buying or ordering telecommunication services (such as TV, broadband subscriptions, fixed line or mobile phone subscriptions, uploading money on prepaid phone cards) for private use in the last 12 months;

internet use for buying or ordering holiday accommodation (such as hotels) for private use in the last 12 months;

internet use for buying or ordering other travel arrangements (such as transport tickets, car hire) for private use in the last 12 months;

internet use for buying or ordering tickets for events for private use in the last 12 months;

internet use for buying or ordering films or music for private use in the last 12 months;

internet use for buying or ordering books, magazines or newspapers for private use in the last 12 months;

internet use for buying or ordering e-learning material for private use in the last 12 months;

internet use for buying or ordering video games software, other computer software and software upgrades for private use in the last 12 months;

internet use for buying or ordering other goods or services for private use in the last 12 months;

internet use for buying or ordering goods or services for private use in the last 12 months, by origin: national sellers;

internet use for buying or ordering goods or services for private use in the last 12 months, by origin: sellers from other Member States;

internet use for buying or ordering goods or services for private use in the last 12 months, by origin: sellers from the rest of the world;

internet use for buying or ordering goods or services for private use in the last 12 months, by origin: country of origin of the sellers is unknown;

(vii)

for individuals who have used the internet for internet commerce (buying or ordering goods or services) in the last 12 months, for buying or ordering films, music, books, magazines, newspapers video games software, other computer software and software updates:

films or music downloaded or accessed from websites or apps in the last 12 months, for private use;

e-books downloaded or accessed from websites or apps in the last 12 months, for private use;

e-magazines or e-newspapers downloaded or accessed from websites or apps in the last 12 months, for private use;

computer software (including computer and video games and software upgrades) downloaded or accessed from websites or apps in the last 12 months, for private use;

(optional) films, music, e-books, e-magazines, e-newspapers or computer software not downloaded or accessed online in the last 12 months, for private use.

(c)   ICT security and trust

(i)

for households without access to the internet at home, reason for not having such access:

privacy or security concerns;

(ii)

for individuals who have used the internet in the last 12 months:

security related problems experienced through using the internet for private purposes in the last 12 months: fraudulent credit or debit card use;

security related problems experienced through using the internet for private purposes in the last 12 months: loss of documents, pictures or other data due to a virus or other infection (such as worm or Trojan horse);

security related problems experienced through using the internet for private purposes in the last 12 months: misuse of personal information available on the internet resulting in, for example, discrimination, harassment, bullying;

security related problems experienced through using the internet for private purposes in the last 12 months: own social network or email account being hacked and content being posted or sent without ones knowledge;

security related problems experienced through using the internet for private purposes in the last 12 months: online identity theft (somebody stealing respondent's personal data and impersonating him/her, such as shopping under respondent's name);

security related problems experienced through using the internet for private purposes in the last 12 months: receiving fraudulent messages (‘phishing’);

security related problems experienced through using the internet for private purposes in the last 12 months: getting redirected to fake websites asking for personal information (‘pharming’);

(optional) security related problems experienced through using the internet for private purposes in the last 12 months: children accessing inappropriate websites;

security concerns as a limitation or barrier to ordering or buying goods or services for private purposes via the internet in the last 12 months;

security concerns as a limitation or barrier to internet banking for private purposes via the internet in the last 12 months;

security concerns as a limitation or barrier to providing personal information to social or professional networking services for private purposes via the internet in the last 12 months;

security concerns as a limitation or barrier to communicating with public services or administrations for private purposes via the internet in the last 12 months;

security concerns as a limitation or barrier to downloading software or apps, music, video files, games or other data files for private purposes via the internet in the last 12 months;

security concerns as a limitation or barrier to using the internet via public WiFi for private purposes via the internet in the last 12 months;

(optional) security concerns as a limitation or barrier to other activities for private purposes via the internet in the last 12 months;

creation of backup copies of the own files (such as documents, pictures) on any external storage device or to internet storage space (cloud services) for private purposes: backup files created automatically or manually; backup files not created; respondent does not know;

(iii)

for individuals who have used the internet, but not for internet commerce activities (buying or ordering goods or services), in the last 12 months, barriers to internet commerce:

payment security or privacy concerns (such as giving credit card details or personal details over the internet);

(iv)

for individuals who have used the internet in the last 12 months and experienced online identity theft, receiving fraudulent messages or getting redirected to fake websites asking for personal information through using the internet for private purposes in the last 12 months:

financial loss experienced in the last 12 months resulting from identity theft, receiving fraudulent messages or being redirected to fake websites;

(v)

for individuals who have not submitted completed forms online to public authorities' websites or apps for private purposes in the last 12 months although there was a need to submit official forms, reasons for not submitting:

concerns about protection and security of personal data in the last 12 months.

(d)   ICT competence and skills

(i)

for individuals who have used the internet in the last 12 months, skills in:

transferring files between computers and other devices;

installing software or applications (apps);

changing the settings of any software, including the operating system or security programs;

copying or moving files or folders;

using word processing software;

creating presentations or documents integrating text, pictures, tables or charts;

using spreadsheet software;

software to edit photos, video or audio files;

writing code in a programming language;

(ii)

for individuals who have used the internet and spreadsheet software in the last 12 months, skills in:

using advanced functions of spreadsheet software designed to organise and analyse data, such as sorting, filtering, using formulas, creating charts.

(e)   Barriers to the use of ICT and the internet

(i)

for households without access to the internet at home, reason for not having such access:

they have access to internet elsewhere;

they do not need internet, for example because it is not useful or not interesting;

the cost of the equipment is too high;

the cost of access is too high (for example a telephone or DSL subscription);

lack of skills;

broadband internet is not available in the area;

other reason or reasons;

(ii)

for individuals who have used the internet for internet commerce (buying or ordering goods or services) in the last 12 months, problems encountered with internet commerce:

technical failure of website during ordering or payment;

difficulties in finding information on guarantees and other legal rights;

a slower speed of delivery than that indicated;

final costs higher than indicated (such as higher delivery costs, unexpected transaction fees);

wrong or damaged goods delivered;

problems with fraud encountered (such as no goods or services received at all, misuse of credit card details);

complaints and redress difficult or no satisfactory response after complaint;

a foreign retailer who does not sell to the respondent's own country;

other problems encountered;

no problems encountered;

(iii)

for individuals who have used the internet, but not for internet commerce activities (buying or ordering goods or services for own private use), in the last 12 months, barriers to internet commerce:

a preference for shopping in person and/or for seeing a product, loyalty to shops, force of habit;

lack of skills or knowledge (such as no knowledge on how to use a website, use was too complicated);

problems with the delivery of goods ordered over the internet (for example it takes too long, it is logistically difficult);

concerns about receiving or returning goods, concerns about complaints or redress;

lack of a payment card that can be used to pay over the internet;

(optional) a foreign retailer who does not sell to the respondent's country;

(optional) someone else bought or ordered goods or services on the respondent's behalf;

other barriers to internet commerce.

(f)   Use of ICT by individuals to exchange information and services with governments and public administrations (e-government)

(i)

for individuals who have used the internet in the last 12 months:

internet use in the last 12 months for private purposes, for obtaining information from the websites or apps of public authorities or public services (manually typed e-mails should be excluded);

internet use in the last 12 months for private purposes, for downloading/printing official forms from the websites of public authorities or public services (manually typed e-mails should be excluded);

internet use in the last 12 months for private purposes, for submitting completed forms online to public authorities or public services (manually typed e-mails should be excluded);

(ii)

for individuals who have not submitted completed forms online to public authorities' websites or apps for private purposes in the last 12 months:

did not submit completed forms because there was no need to submit any official forms for private purposes in the last 12 months;

(iii)

for individuals who have not submitted completed forms online to public authorities' websites or apps for private purposes in the last 12 months, although there was a need to submit official forms, reasons for not submitting:

no such online service was available;

lack of skills or knowledge (for example they did not know how to use the website or it was too complicated to use);

another person submitted completed forms online on the respondent's behalf (such as a consultant, a tax adviser, a relative or family member);

other reason for not submitting completed forms online to public authorities.

(g)   Access to and use of technologies enabling connection to the internet or other networks from anywhere at any time (ubiquitous connectivity)

(i)

for individuals who have used the internet in the last three months:

use of a mobile phone or smartphone to access the internet away from home or work in the last three months;

use of a laptop to access the internet away from home or work in the last three months;

use of a tablet to access the internet away from home or work in the last three months;

use of other mobile devices (such as media or games player, e-book reader, smart watch) to access the internet away from home or work in the last three months;

no use of mobile devices to access the internet away from home or work in the last three months.

B.   Coverage

(1)

The statistical units for the characteristics listed in heading A(2) of this Annex that concern households are households with at least one member in the 16 to 74 age group.

(2)

The statistical units for the characteristics listed in heading A(2) of this Annex that concern individuals are individuals aged 16 to 74.

(3)

The geographical scope comprises households or individuals, or both, living in any part of the territory of the Member State concerned.

C.   Reference period

The main reference period for collecting statistics is the first quarter of 2019.

D.   Socioeconomic background characteristics

(1)

For the subjects and their characteristics, listed in heading A(2) of this Annex, which concern households, the following background characteristics are to be collected:

(a)

region of residence, specified according to the NUTS1 classification of regions;

(b)

(optional) region of residence specified according to the NUTS2 classification;

(c)

geographical location, i.e. whether living in a less developed region, a transition region or a more developed region;

(d)

degree of urbanisation, i.e. whether living in a densely populated area, in an intermediate density area or in a thinly populated area;

(e)

type of household, specifying the number of members in the household: (optional) the number of persons aged from 16 to 24, (optional) the number of students aged from 16 to 24 years, (optional) the number of persons aged 25 to 64 years, (optional) the number of persons aged 65 years or over and, to be collected separately, the number of children under 16, (optional) the number of children aged between 14 and 15, (optional) the number of children aged from 5 to 13 years, (optional) number of children aged 4 years or less;

(f)

(optional) household's net monthly income, which is to be collected as a value or in size bands compatible with income quartiles;

(g)

(optional) equivalised household total net monthly income transmitted in quintiles.

(2)

For the subjects and their characteristics, listed in heading A(2) of this Annex, which relate to individuals, the following background characteristics are to be collected:

(a)

the gender;

(b)

the country of birth, specifying whether the person is native-born or foreign-born; if the latter, also specifying whether the person was born in another Member State or in a country outside the Union;

(c)

country of citizenship, specifying whether the person is a national or a non-national; if the latter, also specifying whether the person is a national of another Member State or of a third country;

(d)

age in completed years; (optional) under 16 or over 74, or both;

(e)

educational attainment level, specifying the highest level of education successfully completed according to the International Standard Classification of Education (ISCED 2011) whether it is at most lower secondary education (ISCED 0, 1 or 2) or upper secondary and post-secondary non-tertiary education (ISCED 3 or 4), or tertiary education (ISCED 5, 6, 7 or 8), or less than primary education (ISCED 0) or primary education (ISCED 1) or lower secondary education (ISCED 2) or upper secondary education (ISCED 3) or post-secondary non-tertiary education (ISCED 4) or short-cycle tertiary education (ISCED 5) or bachelor or equivalent (ISCED 6) or master or equivalent (ISCED 7) or doctoral or equivalent (ISCED 8);

(f)

employment situation specifying whether person is an employee or self-employed, including family workers (optional: full-time employee or self-employed, part-time employee or self-employed, employee, employee with a permanent job or job of unlimited duration, employee with a temporary job or contract of limited duration, self-employed including family workers);

(g)

(optional) specify economic sector of employment:

NACE Rev. 2 sections

Description

A

Agriculture, forestry and fishing

B, C, D and E

Manufacturing, mining and quarrying and other industry

F

Construction

G, H and I

Wholesale and retail trade, transport, accommodation and food service activities

J

Information and communication

K

Financial and insurance activities

L

Real estate activities

M and N

Business services

O, P, and Q

Public administration, defence, education, human health and social work activities

R, S, T and U

Other service activities

(h)

employment situation, specifying whether person is unemployed or is a student not in the labour force or in any other way not in the labour force specifying optionally whether person is in retirement or early retirement or given up business, permanently disabled, in compulsory military or community service, fulfilling domestic tasks or is inactive for any other reason;

(i)

occupation according to the International Standard Classification of Occupations (ISCO-08) specifying whether person is classified as a manual worker, non-manual worker, ICT worker, non-ICT worker and, optionally, all occupations according to ISCO-08 coded at 2-digit level.

E.   Periodicity

The data stipulated in this Annex shall be provided once for 2019.

F.   Deadlines for transmission of results

(1)

The individual data records, not allowing direct identification of statistical units concerned referred to in Article 6 and Annex II (6) of Regulation (EC) No 808/2004 shall be transmitted to Eurostat by 5 October 2019. By that date, the dataset shall be finalised, validated and accepted.

(2)

The metadata referred to in Article 6 of Regulation (EC) No 808/2004 shall be sent to Eurostat by 31 May 2019.

(3)

The quality report referred to in Article 7(3) of Regulation (EC) No 808/2004 shall be sent to Eurostat by 5 November 2019.

(4)

The data and metadata shall be supplied to Eurostat, using the Single Entry Point services, in accordance with the exchange standard specified by Eurostat. The metadata and the quality report shall be provided in the standard metadata structure defined by Eurostat.

22.11.2018   

EN

Official Journal of the European Union

L 296/19


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1799

of 21 November 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 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (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 Article 14(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 November 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 of 14 March 2007 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 of 3 December 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 of 23 November 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 of 19 October 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 of 9 July 2008 on population and housing censuses (OJ L 218, 13.8.2008, p. 14).

(7)  Commission Regulation (EU) 2017/712 of 20 April 2017 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 of 22 March 2017 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 of 23 May 2017 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).


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.


(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).


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 (1)

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.


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


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’ (1).

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


22.11.2018   

EN

Official Journal of the European Union

L 296/28


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1800

of 21 November 2018

fixing the trigger volumes for the years 2019 and 2020 for the purposes of possible application of additional import duties on 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), and in particular point (b) of the first paragraph of Article 183 thereof,

Whereas:

(1)

Article 39 of Commission Implementing Regulation (EU) 2017/892 (2) provides that an additional import duty as referred to in Article 182(1) of Regulation (EU) No 1308/2013 may be applied to the products and during the periods listed in Annex VII to Implementing Regulation (EU) 2017/892. That additional import duty has to apply if the quantity of any of the products put into free circulation for any of the periods of application set out in that Annex exceeds the trigger volume of imports in a year for that product. Additional import duties shall not be imposed where the imports are unlikely to disturb the Union market, or where the effects would be disproportionate to the intended objective.

(2)

In accordance with the second subparagraph of Article 182(1) of Regulation (EU) No 1308/2013 the trigger volumes of imports for the possible application of additional import duties on certain fruit and vegetables are based on import data and domestic consumption data for the previous three years. On the basis of the data notified by the Member States for the years 2015, 2016 and 2017, the trigger volumes for certain fruit and vegetables should be fixed for the years 2019 and 2020.

(3)

Taking into account that the period of application of possible additional import duties as set out in Annex VII to Implementing Regulation (EU) 2017/892 starts for a number of products on 1 January, this Regulation should apply from 1 January 2019 and therefore it should enter into force as soon as possible,

HAS ADOPTED THIS REGULATION:

Article 1

For the years 2019 and 2020, the trigger volumes referred to in point (b) of the first subparagraph of Article 182(1) of Regulation (EU) No 1308/2013 for the products listed in Annex VII to Implementing Regulation (EU) 2017/892 are set out 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.

It shall apply from 1 January 2019.

It shall expire on 30 June 2020.

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

Done at Brussels, 21 November 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 347, 20.12.2013, p. 671.

(2)  Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors (OJ L 138, 25.5.2017, p. 57).


ANNEX

Trigger volumes for the products and periods set out in Annex VII to Implementing Regulation (EU) 2017/892, for the possible application of additional import duties

Without prejudice to the rules on the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. For the purposes of this Annex, the scope of the additional import duties is determined by the scope of the CN codes as they stand at the time of adoption of this Regulation.

Order number

CN code

Description of products

Period of application

Trigger volume (tonnes)

2019

2020

78.0020

0702 00 00

Tomatoes

From 1 June to 30 September

 

326 943

78.0015

From 1 October

to 31 May

811 333

78.0065

0707 00 05

Cucumbers

From 1 May to 31 October

 

76 688

78.0075

From 1 November

to 30 April

46 494

78.0085

0709 91 00

Artichokes

From 1 November

to 30 June

55 581

78.0100

0709 93 10

Courgettes

From 1 January to 31 December

 

60 635

78.0110

0805 10 22

0805 10 24

0805 10 28

Oranges

From 1 December

to 31 May

678 007

78.0120

0805 22 00

Clementines

From 1 November

to end of February

100 326

78.0130

0805 21

0805 29 00

Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids

From 1 November

to end of February

164 563

78.0160

0805 50 10

Lemons

From 1 January to 31 May

 

36 456

78.0155

From 1 June to 31 December

 

340 396

78.0170

0806 10 10

Table grapes

From 16 July to 16 November

 

83 264

78.0175

0808 10 80

Apples

From 1 January to 31 August

 

399 660

78.0180

From 1 September to 31 December

 

48 524

78.0220

0808 30 90

Pears

From 1 January to 30 April

 

144 570

78.0235

From 1 July to 31 December

 

28 470

78.0250

0809 10 00

Apricots

From 1 June to 31 July

 

114 722

78.0265

0809 29 00

Cherries other than sour

From 16 May to 15 August

 

36 289

78.0270

0809 30

Peaches, including nectarines

From 16 June to 30 September

 

303 691

78.0280

0809 40 05

Plums

From 16 June to 30 September

 

28 092


DECISIONS

22.11.2018   

EN

Official Journal of the European Union

L 296/31


COUNCIL IMPLEMENTING DECISION (EU) 2018/1801

of 19 November 2018

on the launch of automated data exchange with regard to DNA data in Ireland

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof,

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

In accordance with Article 25(2) of Decision 2008/615/JHA, the supply of personal data provided for under that Decision may not take place until the general provisions on data protection set out in Chapter 6 of that Decision have been implemented in the national law of the territories of the Member States involved in such supply.

(2)

Article 20 of Council Decision 2008/616/JHA (3) provides that the verification that the condition referred to in recital 1 has been met with respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA is to be done on the basis of an evaluation report based on a questionnaire, an evaluation visit and a pilot run.

(3)

Ireland has informed the General Secretariat of the Council on the national DNA analysis files to which Articles 2 to 6 of Decision 2008/615/JHA apply and the conditions for the automated searching as referred to in Article 3(1) of that Decision in accordance with Article 36(2) of that Decision.

(4)

In accordance with Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

(5)

Ireland has completed the questionnaire on data protection and the questionnaire on DNA data exchange.

(6)

A successful pilot run has been carried out by Ireland with Austria.

(7)

An evaluation visit has taken place in Ireland and a report on the evaluation visit has been produced by the Austrian evaluation team and forwarded to the relevant Council Working Group.

(8)

An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning DNA data exchange has been presented to the Council.

(9)

On 16 July 2018, the Council, having noted the agreement of all Member States bound by Decision 2008/615/JHA, concluded that Ireland has fully implemented the general provisions on data protection set out in Chapter 6 of Decision 2008/615/JHA.

(10)

Therefore, for the purposes of automated searching of DNA data, Ireland should be entitled to receive and supply personal data pursuant to Articles 3 and 4 of Decision 2008/615/JHA.

(11)

Article 33 of Decision 2008/615/JHA confers implementing powers upon the Council with a view to adopting measures necessary to implement that Decision, in particular as regards the receiving and supply of personal data provided for under that Decision.

(12)

As the conditions for triggering the exercise of such implementing powers have been met and the procedure in this regard has been followed, an Implementing Decision on the launch of automated data exchange with regard to DNA data in Ireland should be adopted in order to allow that Member State to receive and supply personal data pursuant to Articles 3 and 4 of Decision 2008/615/JHA.

(13)

Denmark, Ireland and the United Kingdom are bound by Decision 2008/615/JHA and are therefore taking part in the adoption and application of this Decision which implements Decision 2008/615/JHA,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of automated searching and comparison of DNA data, Ireland is entitled to receive and supply personal data pursuant to Articles 3 and 4 of Decision 2008/615/JHA as from 23 November 2018.

Article 2

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

This Decision shall apply in accordance with the Treaties.

Done at Brussels, 19 November 2018.

For the Council

The President

E. KÖSTINGER


(1)  OJ L 210, 6.8.2008, p. 1.

(2)  Opinion of 24 October 2018 (not yet published in the Official Journal).

(3)  Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).


22.11.2018   

EN

Official Journal of the European Union

L 296/33


COUNCIL IMPLEMENTING DECISION (EU) 2018/1802

of 19 November 2018

on the launch of automated data exchange with regard to dactyloscopic data in Croatia

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof,

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

In accordance with Article 25(2) of Decision 2008/615/JHA, the supply of personal data provided for under that Decision may not take place until the general provisions on data protection set out in Chapter 6 of that Decision have been implemented in the national law of the territories of the Member States involved in such supply.

(2)

Article 20 of Council Decision 2008/616/JHA (3) provides that the verification that the condition referred to in recital 1 has been met with respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA is to be done on the basis of an evaluation report based on a questionnaire, an evaluation visit and a pilot run.

(3)

In accordance with point 1.1 of Chapter 4 of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and is to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

(4)

Croatia has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

(5)

A successful pilot run has been carried out by Croatia with Lithuania and Slovakia.

(6)

An evaluation visit has taken place in Croatia and a report on the evaluation visit has been produced by the Lithuanian/Slovak evaluation team and forwarded to the relevant Council Working Group.

(7)

An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council.

(8)

On 16 July 2018, the Council, having noted the agreement of all Member States bound by Decision 2008/615/JHA, concluded that Croatia has fully implemented the general provisions on data protection set out in Chapter 6 of Decision 2008/615/JHA.

(9)

Therefore, for the purposes of automated searching of dactyloscopic data, Croatia should be entitled to receive and supply personal data pursuant to Article 9 of Decision 2008/615/JHA.

(10)

Article 33 of Decision 2008/615/JHA confers implementing powers upon the Council with a view to adopting measures necessary to implement that Decision, in particular as regards the receiving and supply of personal data provided for under that Decision.

(11)

As the conditions for triggering the exercise of such implementing powers have been met and the procedure in this regard has been followed, an implementing Decision on the launch of automated data exchange with regard to dactyloscopic data in Croatia should be adopted in order to allow that Member State to receive and supply personal data pursuant to Article 9 of Decision 2008/615/JHA.

(12)

Denmark, Ireland and the United Kingdom are bound by Decision 2008/615/JHA and are therefore taking part in the adoption and application of this Decision which implements Decision 2008/615/JHA,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of automated searching of dactyloscopic data, Croatia is entitled to receive and supply personal data pursuant to Article 9 of Decision 2008/615/JHA as from 23 November 2018.

Article 2

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

This Decision shall apply in accordance with the Treaties.

Done at Brussels, 19 November 2018.

For the Council

The President

E. KÖSTINGER


(1)  OJ L 210, 6.8.2008, p. 1.

(2)  Opinion of 24 October 2018 (not yet published in the Official Journal).

(3)  Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).


22.11.2018   

EN

Official Journal of the European Union

L 296/35


COMMISSION IMPLEMENTING DECISION (EU) 2018/1803

of 20 November 2018

on authorising France to conclude an agreement with Saint-Barthélemy, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, and Wallis and Futuna respectively for transfers of funds between France and each of these territories to be treated as transfers of funds within France, pursuant to Regulation (EU) 2015/847 of the European Parliament and the Council

(notified under document C(2018) 7434)

(Only the French text is authentic.)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (1), in particular Article 24 thereof,

Having regard to France's request pursuant to Article 24 of Regulation (EU) 2015/847,

Whereas:

(1)

Under Commission Decision 2009/853/EC (2), France was granted a derogation in respect of transfers of funds between Saint Pierre and Miquelon, Mayotte, New Caledonia, French Polynesia, and Wallis and Futuna respectively and France.

(2)

On 24 March 2017, France requested renewal of the derogation in application of Article 24 of Regulation (EU) 2015/847 for transfers of funds between Saint Barthélemy, Saint Pierre and Miquelon, New Caledonia, French Polynesia, and Wallis and Futuna respectively and France.

(3)

The French overseas territories covered by Decision 2009/853/EC differ from those for which renewal of the derogation is requested. Consequently, France's request falls within the scope of Article 24(1) of Regulation (EU) 2015/847.

(4)

In accordance with Article 24(3) of Regulation (EU) 2015/847, transfers of funds between Saint Barthélemy, Saint Pierre and Miquelon, New Caledonia, French Polynesia, and Wallis and Futuna respectively and France have been provisionally treated as transfers of funds within France since 24 March 2017.

(5)

Member States were informed by written procedure of the Committee on the Prevention of Money Laundering and Terrorist Financing on 25 May 2018 that the Commission considered that it had received the information necessary for appraising France's request.

(6)

The status of Saint Barthélemy vis-à-vis the Union has changed — it became an overseas country and territory in association with the Union by Council Decision No 528/2012/EU (3). By virtue of the Monetary Agreement of 12 July 2011 between the European Union and the French Republic (4), Saint Barthélemy forms part of the currency area of France and the euro has legal tender status in that territory.

(7)

The status of Mayotte vis-à-vis the Union has also changed — it became a French overseas department and one of the Union's outermost regions by Council Decision 2014/162/EU (5). Mayotte should therefore not be covered by this Decision.

(8)

Saint Pierre and Miquelon, New Caledonia, French Polynesia, and Wallis and Futuna do not form part of the territory of the Union as determined in accordance with Article 349 of the Treaty. However, Saint Pierre and Miquelon, in accordance with Council Decision 1999/95/EC (6) and New Caledonia, French Polynesia, and Wallis and Futuna, in accordance with by virtue of Protocol 18 on France annexed to the Treaty on the Functioning of the European Union, all form part of the currency area of France and the euro has legal tender status in all those territories.

(9)

Saint Barthélemy, Saint Pierre and Miquelon, New Caledonia, French Polynesia, and Wallis and Futuna therefore comply with the criterion set out in point (a) of the second subparagraph of Article 24(1) of Regulation (EU) 2015/847.

(10)

Payment service providers in Saint Barthélemy, Saint Pierre and Miquelon, New Caledonia, French Polynesia, and Wallis and Futuna participate directly in payment and settlement systems in France, namely CORE or Target2-Banque de France. They therefore comply with the criterion set out in point (b) of the second subparagraph of Article 24(1) of Regulation (EU) 2015/847.

(11)

For Union regulations to be applicable to Saint Barthélemy, Saint Pierre and Miquelon, New Caledonia, French Polynesia, and Wallis and Futuna, France must adopt specific legislation to that effect. France's adoption of Order No 2016-1635 of 1 December 2016, in particular Articles 18 and 19 thereof, ensures that those territories have incorporated into their legal order provisions corresponding to those of Regulation (EU) 2015/847.

(12)

Therefore, Saint Barthélemy, Saint Pierre and Miquelon, New Caledonia, French Polynesia, and Wallis and Futuna have adopted the same rules as those established under Regulation (EU) 2015/847 and require their respective payment service providers to apply them, thus fulfilling the criterion set out in point (c) of the second subparagraph of Article 24(1) of that Regulation.

(13)

It is therefore appropriate to grant to France the requested derogation.

(14)

The measures provided for in this Decision are in accordance with the opinion of the Committee on the Prevention of Money Laundering and Terrorist Financing,

HAS ADOPTED THIS DECISION:

Article 1

France shall be authorised to conclude an agreement with Saint Barthélemy, Saint Pierre and Miquelon, New Caledonia, French Polynesia, and Wallis and Futuna respectively, to the effect that transfers of funds between any of those territories and France are treated as transfers of funds within France for the purposes of Regulation (EU) 2015/847.

Article 2

Decision 2009/853/EC is repealed.

Article 3

This Decision is addressed to the French Republic.

Done at Brussels, 20 November 2018.

For the Commission

Věra JOUROVÁ

Member of the Commission


(1)  OJ L 141, 5.6.2015, p. 1.

(2)  Commission Decision 2009/853/EC of 26 November 2009 authorising France to conclude an agreement with Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia and Wallis and Futuna respectively for transfers of funds between France and each of these territories to be treated as transfers of funds within France, pursuant to Regulation (EC) No 1781/2006 of the European Parliament and of the Council (OJ L 312, 27.11.2009, p. 71).

(3)  Council Decision No 528/2012/EU of 24 September 2012 amending Decision 2001/822/EC on the association of the overseas countries and territories with the European Community (‘the Overseas Association Decision’) (OJ L 264, 29.9.2012, p. 1).

(4)  Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union (OJ L 189, 20.7.2011, p. 3).

(5)  Council Decision 2014/162/EU of 11 March 2014 amending Decision 2004/162/EC with regard to its implementation in Mayotte from 1 January 2014 (OJ L 89, 25.3.2014, p. 3).

(6)  Council Decision 1999/95/EC of 31 December 1998 concerning the monetary arrangements in the French territorial communities of Saint-Pierre-et-Miquelon and Mayotte (OJ L 30, 4.2.1999, p. 29).


III Other acts

EUROPEAN ECONOMIC AREA

22.11.2018   

EN

Official Journal of the European Union

L 296/37


DECISION OF THE EEA JOINT COMMITTEE No 244/2016

of 2 December 2016

amending Annex XIII (Transport) to the EEA Agreement [2018/1804]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

(1)

Directive 2011/76/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (1) is to be incorporated into the EEA Agreement.

(2)

Annex XIII to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Point 18a (Directive 1999/62/EC of the European Parliament and of the Council) of Annex XIII to the EEA Agreement shall be amended as follows:

(1)

the following indent is added:

‘—

32011 L 0076: Directive 2011/76/EU of the European Parliament and of the Council of 27 September 2011 (OJ L 269, 14.10.2011, p. 1).’;

(2)

points (d) and (e) are replaced by the following:

‘(e)

The following subparagraphs shall be added in Article 7i(2):

“For tolling arrangements on trans-European road network in other parts of Norway than in south-eastern Norway, the current level of discounts or reductions in tolls for frequent users may be applied to tolling arrangements already in place on the date of the entry into force of Decision of the EEA Joint Committee No 129/2012 of 13 July 2012 (2) provided that the share of international heavy goods traffic on the infrastructure network concerned is below 30 %.

For tolling arrangements put in place after the date of the entry into force of Decision of the EEA Joint Committee No 129/2012, discounts or reductions in tolls for frequent users may exceed the level set out in Article 7i(2)(c) of this Directive provided that:

the share of international heavy goods traffic on the infrastructure network concerned is not higher than 5 %,

the level of such discounts or reductions is justified by specific circumstances, notably when the infrastructure network concerned consists of bridges or tunnels to replace a ferry.

(2)  OJ L 309, 8.11.2012, p. 8.”’;"

(2)  OJ L 309, 8.11.2012, p. 8.”’;"

(3)

point (f) is renumbered as point (d), and the word ‘7(9)’ therein is replaced by the word ‘7(1)’.

Article 2

The text of Directive 2011/76/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 3 December 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 2 December 2016.

For the EEA Joint Committee

The President

Bergdís ELLERTSDÓTTIR


(1)  OJ L 269, 14.10.2011, p. 1.

(*1)  No constitutional requirements indicated.


Declaration by the EFTA States

to Decision of the EEA Joint Committee No 244/2016 incorporating Directive 2011/76/EU into the EEA Agreement

The incorporation of Articles 2(b), 7c, 7f(4) and (5), 7g(1)(iv), 7h(3) and (4), 7i(1), 7j(3) and (4), 11(1)(a) and (d) and Annexes IIIa and IIIb of Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (1), as amended by Directive 2011/76/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (2), into the EEA Agreement is without prejudice to the scope of the EEA Agreement.


(1)  OJ L 187, 20.7.1999, p. 42.

(2)  OJ L 269, 14.10.2011, p. 1.


Corrigenda

22.11.2018   

EN

Official Journal of the European Union

L 296/40


Corrigendum to Council Decision (CFSP) 2018/1787 of 19 November 2018 amending and extending Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces

( Official Journal of the European Union L 293 of 20 November 2018 )

On page 10, in the concluding formula:

for:

‘Done at Luxembourg, 19 November 2018.’,

read:

‘Done at Brussels, 19 November 2018.’.


22.11.2018   

EN

Official Journal of the European Union

L 296/40


Corrigendum to the Amendments to the Practice Rules for the implementation of the Rules of Procedure of the General Court

( Official Journal of the European Union L 294 of 21 November 2018 )

On page 28, Article 1(8), point 80:

for:

‘80.

The following information must appear on the first page of each procedural document:

(a)

the case number (T-…/0000), where it has already been notified by the Registry;’,

read:

‘80.

The following information must appear on the first page of each procedural document:

(a)

the case number (T-…/…), where it has already been notified by the Registry;’.


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