ISSN 1725-2555
doi:10.3000/17252555.L_2011.187.eng
Official Journal
of the European Union
L 187
English edition
Legislation
Volume 54
16 July 2011
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ISSN 1725-2555 doi:10.3000/17252555.L_2011.187.eng |
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Official Journal of the European Union |
L 187 |
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English edition |
Legislation |
Volume 54 |
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Contents |
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II Non-legislative acts |
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REGULATIONS |
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DECISIONS |
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2011/417/EU |
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2011/418/EU |
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ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
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2011/419/EU |
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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
REGULATIONS
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16.7.2011 |
EN |
Official Journal of the European Union |
L 187/1 |
COUNCIL REGULATION (EU) No 683/2011
of 17 June 2011
amending Regulation (EU) No 57/2011 as regards fishing opportunities for certain fish stocks
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
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(1) |
Council Regulation (EU) No 57/2011 (1) fixes for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters. |
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(2) |
Consultations on fishing opportunities between the Union and the Faroe Islands failed to result in an agreement for 2011. After a further round of consultations with Norway in March 2011, the fishing opportunities reserved for the consultations with the Faroe Islands can now be allocated to Member States. Therefore, Article 1 of Regulation (EU) No 57/2011 and the relevant TACs in Annexes IA and IB thereto should be amended in order to distribute the non-allocated quota and to reflect the traditional allocation of mackerel in the North-East Atlantic. |
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(3) |
It is desirable to implement flexible arrangements regarding the use of blue whiting quotas across the two main management areas provided for in Annex IA to Regulation (EU) No 57/2011 for that fishery (namely the area consisting of EU and international waters of ICES zones I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV and the area consisting of ICES zones VIIIc, IX and X and EU waters of CECAF 34.1.1), since those two areas are subject to the same scientific advice and considered part of the same biological stock. |
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(4) |
Annex IA to Regulation (EU) No 57/2011 establishes general quotas for Norway lobster in ICES zone VII and specific quotas for Norway lobster in the area of the Porcupine Bank located within that zone. It is necessary to fix those specific quotas anew for the year 2011 on the basis of updated data on historic catches. |
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(5) |
Further to the consultations concluded on 17 March 2011 between coastal states (Faroe Islands, Greenland and Iceland) and other North East Atlantic Fisheries Convention (NEAFC) parties (Union and Norway) on the management of redfish in the Irminger Sea and adjacent waters, it is necessary to establish TACs for redfish in those areas while respecting the agreed time and area restrictions. Annex IB to Regulation (EU) No 57/2011 should be amended accordingly. |
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(6) |
At its Annual Meeting in 2010, the Western and Central Pacific Fisheries Commission decided to maintain the limits imposed for that year on swordfish catches and on the number of vessels authorised to fish for swordfish, with effect from 1 January 2011. It is necessary to implement those measures in Union law. |
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(7) |
During the Third International Meeting, held in May 2007, for the creation of a Regional Fisheries Management Organisation (RFMO) in the high seas of the South Pacific (SPRFMO), the participants accepted interim measures, including fishing opportunities, in order to regulate pelagic fishing activities as well as bottom fisheries in that area until the establishment of such RFMO. New interim measures have been accepted at the Second Preparatory Conference for the SPRFMO Commission, held in January 2011. Those interim measures are voluntary and not legally binding under international law. It is however appropriate, in accordance with the cooperation and conservation obligations enshrined in the International Law of the Sea, to implement those measures in Union law by establishing an overall quota for the Union. For the purpose of allocating the Union quota among the Member States, it is appropriate to establish a new and final allocation key on the basis of sound, fair and objective criteria of the past fishing performance of the Member States in 2009 and 2010 which is a recent and sufficiently representative period during which all Member States concerned were present on the fishing grounds. |
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(8) |
Annex IIB to Regulation (EU) No 57/2011 sets fishing effort limitations for the recovery of certain southern hake and Norway lobster stocks in ICES divisions VIIIc and IXa, excluding the Gulf of Cadiz. It is appropriate to clarify the wording of a special condition set out in the framework of those fishing effort limitations and the consequences of receiving an unlimited number of days for landings in the 2011 management period. |
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(9) |
Annex IIC to Regulation (EU) No 57/2011 sets fishing effort limitations for the purposes of Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel (2). It is necessary to align the wording of that Annex with the wording of Article 5(2) of Regulation (EC) No 509/2007. |
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(10) |
Regulation (EU) No 57/2011 applies, in general, from 1 January 2011. However, the fishing effort limits are laid down for a 1-year period starting from 1 February 2011. In order to follow the year-to-year regime of reporting on fishing opportunities, the provisions of this Regulation concerning catch limits and allocations should apply from 1 January 2011 and the provisions concerning fishing effort limits should apply from 1 February 2011, except where indicated otherwise. Such retroactive application is without prejudice to the principle of legal certainty as the fishing opportunities concerned have not yet been exhausted. For reasons of urgency, this Regulation should enter into force immediately after its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) No 57/2011
Regulation (EU) No 57/2011 is amended as follows:
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(1) |
Article 1 is replaced by the following: ‘Article 1 Subject matter This Regulation fixes the following fishing opportunities:
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(2) |
Annex IA is amended as follows:
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(3) |
Annex IB is amended as follows:
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(4) |
in Annex IC, the entry for northern prawn in zone NAFO 3L is replaced by the following:
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(5) |
In Annex ID, the entry for bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean (BFT/AE045W) is replaced by the following:
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(6) |
Annex IH is replaced by the following: ‘ANNEX IH WCPFC Convention Area
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(7) |
Annex IJ is replaced by the following: ‘ANNEX IJ SPRFMO Convention Area
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(8) |
Annex IIB is amended as follows:
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(9) |
Annex IIC is amended as follows:
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(10) |
Annex VII is replaced by the following: ‘ANNEX VII WCPFC CONVENTION AREA Maximum number of EU vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC Convention Area
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Article 2
Entry into force and applicability
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
Points 1 to 7 and point 10 of Article 1 shall apply from 1 January 2011.
Points 8 and 9 of Article 1 shall apply from 1 February 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 17 June 2011.
For the Council
The President
MATOLCSY Gy.
(2) OJ L 122, 11.5.2007, p. 7.
(3) Excluding waters within six miles of UK baselines at Shetland, Fair Isle and Foula.
(4) At least 98 % of landings counted against the TAC must be of sandeel. By-catches of dab, mackerel and whiting are to be counted against the remaining 2 % of the TAC
(5) Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.
(6) Up to 50 % of this amount may be fished in EU waters of IV.’;
(7) Reference is to the herring stock in VIa, north of 56° 00’ N and in that part of VIa which is situated east of 07° 00’ W and north of 55° 00’ N, excluding the Clyde.’;
(8) Of which up to 68 % may be fished in the Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1).
(9) Transfers of this quota may be effected to VIIIc, IX and X; EU waters of CECAF 34.1.1. Such transfers must be notified in advance to the Commission.’;
(10) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(11) To be fished in EU waters of IIa, IV, Vb, VI and VII.
(12) Special rules apply in accordance with Article 1 of Regulation (EC) No 1288/2009 (*1) and point 7 of Annex III to Regulation (EC) No 43/2009 (*2).
(*1) Council Regulation (EC) No 1288/2009 of 27 November 2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011 (OJ L 347, 24.12.2009, p. 6).
(*2) Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ L 22, 26.1.2009, p. 1).’;
(13) Of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in VI and VII shall not exceed 3 000 tonnes.
(14) Including tusk. The quotas for Norway are ling 6 140 tonnes and tusk 2 923 tonnes and are interchangeable of up to 2 000 tonnes and may only be fished with long-lines in Vb, VI and VII.’;
(15) Of which no more than the following quotas may be taken in VII (Porcupine Bank – Unit 16) (NEP/*07U16):
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Spain |
377 |
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France |
241 |
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Ireland |
454 |
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United Kingdom |
188 |
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EU |
1 260 ’; |
(16) Including 242 tonnes to be taken in Norwegian waters south of 62°N (MAC/*04N-).
(17) When fishing in Norwegian waters, by-catches of cod, haddock, pollack and whiting and saithe are to be counted against the quotas for these species.
(18) May also be taken in Norwegian waters of IVa.
(19) To be deducted from Norway’s share of the TAC (access quota). This amount includes Norway’s share in the North Sea TAC of the amount of 47 197 tonnes. This quota may be fished in IVa only, except for 3 000 tonnes that may be fished in IIIa.
(20) Includes 323 tonnes of quota transferred from unused 2010 fishing opportunities.
(21) Includes 183 tonnes of quota transferred from unused 2010 fishing opportunities.’;
(22) May be fished in IIa, VIa north of 56° 30’ N, IVa, VIId, VIIe, VIIf and VIIh.
(23) An additional 33 804 tonnes of access quota may be fished by Norway north of 56° 30’ N and counted against its catch limit.
(24) Includes 674 tonnes of quota omitted from the 2010 fishing opportunities.
(25) Quantities subject to exchanges with other Member States may be taken in VIIIa, VIIIb and VIIId (MAC/*8ABD.). However, the quantities provided by Spain, Portugal or France for exchange purposes and to be taken in VIIIa, VIIIb and VIIId shall not exceed 25 % of the quotas of the donor Member State.
(26) Catches taken in IVa (MAC/*4A.) and in IIa (MAC/*02A.) to be reported separately.
(27) Includes 272 tonnes of quota transferred from unused 2010 fishing opportunities.’;
(28) Including sandeel.
(29) May only be fished in EU waters of IV.
(30) Preliminary TAC. The final TAC will be established in the light of new scientific advice during the first half of 2011.
(31) At least 98 % of landings counted against the TAC must be of sprat. By-catches of dab and whiting are to be counted against the remaining 2 % of the TAC.’;
(32) Up to 5 % of this quota fished in EU waters of IIa or IVa before 30 June 2011 may be accounted for as fished under the quota concerning EU waters of IVb, IVc and VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*4BC7D).
(33) Up to 5 % of this quota may be fished in VIId. However, the use of this special condition must be notified in advance to the Commission (JAX/*07D).
(34) At least 95 % of landings counted against the TAC must be of horse mackerel. By-catches of boarfish, haddock, whiting and mackerel are to be counted against the remaining 5 % of the TAC.’;
(35) TAC agreed by the Union, Faroe Islands, Norway and Iceland.’;
(36) Of which 3 100 tonnes are allocated to Norway.’;
(37) Of which 800 tonnes are allocated to Norway to be fished in NAFO 1 only.’;
(38) Of which 824 tonnes are allocated to Norway.’;
(39) May not be fished from 1 January to 9 May 2011.
(40) May only be taken within the area bounded by the lines joining the following coordinates:
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Point No |
Latitude N |
Longitude W |
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1 |
64° 45’ |
28° 30’ |
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2 |
62° 50’ |
25° 45’ |
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3 |
61° 55’ |
26° 45’ |
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4 |
61° 00’ |
26° 30’ |
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5 |
59° 00’ |
30° 00’ |
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6 |
59° 00’ |
34° 00’ |
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7 |
61° 30’ |
34° 00’ |
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8 |
62° 50’ |
36° 00’ |
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9 |
64° 45’ |
28° 30’ |
(41) May not be fished from 1 January to 9 May 2011.’;
(42) May only be fished by pelagic trawl. May be fished East or West.
(43) The quota may be fished in the NEAFC Regulatory Area on the condition that reporting conditions established by Greenland are fulfilled (RED/*51214). When fished in the NEAFC Regulatory Area, redfish may only be taken as of 10 May 2011 as deep pelagic redfish, and only within the area bounded by the lines joining the following coordinates (RED/*5-14).
|
Point No |
Latitude N |
Longitude W |
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1 |
64° 45’ |
28° 30’ |
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2 |
62° 50’ |
25° 45’ |
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3 |
61° 55’ |
26° 45’ |
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4 |
61° 00’ |
26° 30’ |
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5 |
59° 00’ |
30° 00’ |
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6 |
59° 00’ |
34° 00’ |
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7 |
61° 30’ |
34° 00’ |
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8 |
62° 50’ |
36° 00’ |
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9 |
64° 45’ |
28° 30’ ’; |
(44) Excluding fish species of no commercial value.’;
(45) Not including the box bounded by the following coordinates:
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Point No |
Latitude N |
Longitude W |
|
1 |
47° 20’ 0 |
46° 40’ 0 |
|
2 |
47° 20’ 0 |
46° 30’ 0 |
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3 |
46° 00’ 0 |
46° 30’ 0 |
|
4 |
46° 00’ 0 |
46° 40’ 0 |
(46) Except Estonia, Latvia, Lithuania and Poland.’;
(47) Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.
(48) Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna between 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 1 of Annex IV (BFT/*8301):
|
Spain |
350,51 |
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France |
158,14 |
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EU |
508,65 |
(49) Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna weighing no less than 6,4 kg or measuring no less than 70 cm by the vessels referred to in point 1 of Annex IV (BFT/*641):
|
France |
45 (*3) |
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EU |
45 |
(*3) This quantity may be revised by the Commission upon request from France, up to an amount of 100 tonnes as indicated by ICCAT Recommendation 08-05.
(50) Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna between and 8 kg and 30 kg by the vessels referred to in point 2 of Annex IV (BFT/*8302):
|
Spain |
48,22 |
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France |
47,57 |
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Italy |
37,55 |
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Cyprus |
1,34 |
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Malta |
3,08 |
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EU |
137,77 |
(51) Within this TAC, the following catch limit and allocation between Member States shall apply to catches of bluefin tuna between and 8 kg and 30 kg by the vessels referred to in point 3 of Annex IV (BFT/*643):
|
Italy |
37,55 |
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EU |
37,55 ’; |
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16.7.2011 |
EN |
Official Journal of the European Union |
L 187/20 |
COMMISSION IMPLEMENTING REGULATION (EU) No 684/2011
of 15 July 2011
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 16 July 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 July 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
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(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
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0702 00 00 |
AL |
49,0 |
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AR |
19,4 |
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EC |
19,4 |
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MK |
45,6 |
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ZZ |
33,4 |
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|
0707 00 05 |
AR |
22,0 |
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TR |
105,8 |
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ZZ |
63,9 |
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0709 90 70 |
AR |
24,9 |
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TR |
110,8 |
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ZZ |
67,9 |
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0805 50 10 |
AR |
62,1 |
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TR |
64,0 |
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UY |
68,5 |
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ZA |
71,8 |
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ZZ |
66,6 |
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|
0808 10 80 |
AR |
91,7 |
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BR |
78,2 |
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CA |
106,0 |
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CL |
91,2 |
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CN |
75,6 |
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EC |
60,7 |
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NZ |
119,1 |
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US |
181,5 |
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ZA |
96,6 |
|
|
ZZ |
100,1 |
|
|
0808 20 50 |
AR |
140,6 |
|
CL |
107,9 |
|
|
CN |
46,2 |
|
|
NZ |
118,4 |
|
|
ZA |
103,6 |
|
|
ZZ |
103,3 |
|
|
0809 10 00 |
AR |
75,0 |
|
TR |
222,9 |
|
|
XS |
138,6 |
|
|
ZZ |
145,5 |
|
|
0809 20 95 |
TR |
309,1 |
|
ZZ |
309,1 |
|
|
0809 40 05 |
BA |
56,1 |
|
EC |
75,9 |
|
|
ZZ |
66,0 |
|
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
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16.7.2011 |
EN |
Official Journal of the European Union |
L 187/22 |
COMMISSION IMPLEMENTING REGULATION (EU) No 685/2011
of 15 July 2011
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
|
(1) |
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 676/2011 (4). |
|
(2) |
The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year, are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 16 July 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 July 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 178, 1.7.2006, p. 24.
ANNEX
Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 16 July 2011
|
(EUR) |
||
|
CN code |
Representative price per 100 kg net of the product concerned |
Additional duty per 100 kg net of the product concerned |
|
1701 11 10 (1) |
48,41 |
0,00 |
|
1701 11 90 (1) |
48,41 |
0,38 |
|
1701 12 10 (1) |
48,41 |
0,00 |
|
1701 12 90 (1) |
48,41 |
0,08 |
|
1701 91 00 (2) |
59,96 |
0,00 |
|
1701 99 10 (2) |
59,96 |
0,00 |
|
1701 99 90 (2) |
59,96 |
0,00 |
|
1702 90 95 (3) |
0,60 |
0,17 |
(1) For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.
(2) For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.
(3) Per 1 % sucrose content.
|
16.7.2011 |
EN |
Official Journal of the European Union |
L 187/24 |
COMMISSION IMPLEMENTING REGULATION (EU) No 686/2011
of 15 July 2011
fixing the import duties in the cereals sector applicable from 16 July 2011
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
|
(1) |
Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
|
(2) |
Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
|
(3) |
Pursuant to Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 5 of that Regulation. |
|
(4) |
Import duties should be fixed for the period from 16 July 2011 and should apply until new import duties are fixed and enter into force, |
HAS ADOPTED THIS REGULATION:
Article 1
From 16 July 2011, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
Article 2
This Regulation shall enter into force on 16 July 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 July 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
ANNEX I
Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 16 July 2011
|
CN code |
Description |
Import duties (1) (EUR/t) |
|
1001 10 00 |
Durum wheat, high quality |
0,00 |
|
medium quality |
0,00 |
|
|
low quality |
0,00 |
|
|
1001 90 91 |
Common wheat seed |
0,00 |
|
ex 1001 90 99 |
High quality common wheat, other than for sowing |
0,00 |
|
1002 00 00 |
Rye |
0,00 |
|
1005 10 90 |
Maize seed, other than hybrid |
0,00 |
|
1005 90 00 |
Maize, other than seed (2) |
0,00 |
|
1007 00 90 |
Grain sorghum, other than hybrids for sowing |
0,00 |
(1) For goods arriving in the Union via the Atlantic Ocean or via the Suez Canal the importer may benefit, persuant to Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:
|
— |
3 EUR/t, where the port of unloading is on the Mediterranean Sea, or on the Black Sea, |
|
— |
2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom, or on the Atlantic coast of the Iberian peninsula. |
(2) The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.
ANNEX II
Factors for calculating the duties laid down in Annex I
30.6.2011-14.7.2011
|
1. |
Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:
|
|||||||||||||||||||||||||||||||||||||||||||
|
2. |
Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:
|
(1) Premium of 14 EUR/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).
(2) Discount of 10 EUR/t (Article 5(3) of Regulation (EU) No 642/2010).
(3) Discount of 30 EUR/t (Article 5(3) of Regulation (EU) No 642/2010).
DECISIONS
|
16.7.2011 |
EN |
Official Journal of the European Union |
L 187/27 |
COUNCIL DECISION
of 12 July 2011
abrogating Decision 2010/408/EU on the existence of an excessive deficit in Finland
(2011/417/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(12) thereof,
Having regard to the recommendation from the European Commission,
Whereas:
|
(1) |
By Decision 2010/408/EU (1), following a proposal from the Commission in accordance with Article 126(6) of the Treaty, the Council decided that an excessive deficit existed in Finland. In Decision 2010/408/EU, the Council noted that the general government deficit planned for 2010 was 4,1 % of GDP, above the 3 % of GDP Treaty reference value, while general government gross debt was planned to reach 49,9 % of GDP, below the 60 % of GDP Treaty reference value. |
|
(2) |
On 13 July 2010, in accordance with Article 126(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (2), the Council adopted, on a recommendation from the Commission, a recommendation addressed to Finland with a view to bringing the excessive deficit situation to an end by 2011 at the latest. The recommendation was made public. |
|
(3) |
In accordance with Article 126(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected. |
|
(4) |
In accordance with Article 4 of the Protocol (No 12) on the excessive deficit procedure annexed to the Treaties, the Commission provides the data for the implementation of this procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (3). |
|
(5) |
Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009 following the notification by Finland before 1 April 2011 and on the Commission services’ spring 2011 forecast, the following conclusions are warranted:
|
|
(6) |
It follows from these conclusions that the excessive deficit in Finland has been corrected and Decision 2010/408/EU should therefore be abrogated, |
HAS ADOPTED THIS DECISION:
Article 1
From an overall assessment it follows that the excessive deficit situation in Finland has been corrected.
Article 2
Decision 2010/408/EU is hereby abrogated.
Article 3
This Decision is addressed to the Republic of Finland.
Done at Brussels, 12 July 2011.
For the Council
The President
J. VINCENT-ROSTOWSKI
|
16.7.2011 |
EN |
Official Journal of the European Union |
L 187/29 |
COMMISSION IMPLEMENTING DECISION
of 14 July 2011
amending Decision 2005/7/EC authorising a method for grading pig carcasses in Cyprus
(notified under document C(2011) 4996)
(Only the Greek text is authentic)
(2011/418/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43(m), in conjunction with Article 4, thereof,
Whereas:
|
(1) |
By Commission Decision 2005/7/EC (2), the use of one method for grading pig carcasses in Cyprus was authorised. |
|
(2) |
Due to the fact that there is a need for updating the formula of the method after nearly 5 years of use since its approval, Cyprus has decided to run a new trial with two instruments, the HGP 4 and the Ultra FOM 300. |
|
(3) |
Cyprus has requested the Commission to authorise the replacement of the formula used in the ‘Hennessy Grading Probe (HGP 4)’, method of grading pig carcasses as well as to authorise one new non-invasive up-to-date method (Ultra FOM 300) for grading pig carcasses on its territory and has presented a detailed description of the dissection trial, indicating the principles on which that method is based, the results of its dissection trial and the equations used for assessing the percentage of lean meat in the protocol provided for in Article 23(4) of Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcasses and the reporting of prices thereof (3). |
|
(4) |
Examination of that request has revealed that the conditions for authorising those grading methods are fulfilled. Those grading methods should therefore be authorised in Cyprus. |
|
(5) |
Decision 2005/7/EC should therefore be amended accordingly. |
|
(6) |
Modifications of the apparatus or grading methods should not be allowed, unless they are explicitly authorised by Commission Decision. |
|
(7) |
The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of the Agricultural Markets, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2005/7/EC is amended as follows:
|
1. |
Article 1 is replaced by the following: ‘Article 1 The use of the following methods is authorised for grading pig carcasses pursuant to point 1 of Section B.IV of Annex V to Council Regulation (EC) No 1234/2007 (*1) in Cyprus:
As regards the apparatus “Ultra FOM 300”, referred to in the second indent of the first subparagraph, after the end of the measurement procedure it must be possible to verify on the carcass that the apparatus measured the values of measurements X1 and X2 on the site provided for in the Annex, Part II, point 3. The corresponding marking of the measurement site must be made at the same time as the measurement procedure. |
|
2. |
the Annex is replaced by the text in the Annex to this Decision. |
Article 2
This Decision shall apply from 5 September 2011.
Article 3
This Decision is addressed to the Republic of Cyprus.
Done at Brussels, 14 July 2011.
For the Commission
Dacian CIOLOŞ
Member of the Commission
ANNEX
‘ANNEX
METHODS FOR GRADING PIG CARCASSES IN CYPRUS
PART I
Hennessy Grading Probe (HGP 4)
|
1. |
The rules provided for in this Part shall apply when the grading of pig carcasses is carried out by means of the apparatus known as “Hennessy Grading Probe (HGP 4)”. |
|
2. |
The apparatus shall be equipped with a probe of 5,95 millimetres diameter (and of 6,3 millimetres at the blade of the top of the probe) containing a photodiode (Siemens LED of the type LYU 260-EO) and photodetector of the type 58 MR and having an operating distance of between 0 and 120 millimetres. The results of the measurements shall be converted into estimated lean meat content by means of the HGP 4 itself or a computer linked to it. |
|
3. |
The lean meat content of the carcass shall be calculated according to the following formula:
where:
This formula shall be valid for carcasses weighing between 55 and 120 kilograms. |
PART II
Ultra FOM 300
|
1. |
The rules provided for in this Part shall apply when the grading of pig carcasses is carried out by means of the apparatus known as “Ultra FOM 300”. |
|
2. |
The apparatus shall be equipped with a 3,5 MHz ultrasound probe, 5 centimetres in length, featuring 64 ultrasound transducers. The ultrasound signal shall be digitalised; stored and processed by a microprocessor (type SHARC ADSP-21060L).
The results of the measurements shall be converted into estimated lean meat content by the Ultra FOM 300 apparatus itself. |
|
3. |
The lean meat content of carcasses shall be calculated according to the following formula:
where:
This formula shall be valid for carcasses weighing between 55 and 120 kilograms.’ |
ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS
|
16.7.2011 |
EN |
Official Journal of the European Union |
L 187/32 |
DECISION No 1/2011 OF THE JOINT COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON AIR TRANSPORT
of 4 July 2011
replacing the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport
(2011/419/EU)
THE COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE,
Having regard to the Agreement between the European Community and the Swiss Confederation on Air Transport, hereinafter referred to as ‘the Agreement’, and in particular Article 23(4) thereof,
HAS DECIDED AS FOLLOWS:
Sole Article
The Annex to this Decision replaces the Annex to the Agreement, as from 1 August 2011.
Done at Brussels, 4 July 2011.
For the Joint Committee
The Head of the European Union Delegation
Matthew BALDWIN
The Head of the Swiss Delegation
Peter MÜLLER
ANNEX
For the purposes of this Agreement:
|
— |
by virtue of the Treaty of Lisbon, entered into force on 1 December 2009, the European Union shall replace and succeed the European Community, |
|
— |
wherever acts specified in this Annex contain references to Member States of the European Community, as replaced by the European Union, or a requirement for a link with the latter, the references shall, for the purpose of the Agreement, be understood to apply equally to Switzerland or to the requirement of a link with Switzerland, |
|
— |
the references to Council Regulations (EEC) No 2407/92 and (EEC) No 2408/92 made in the Articles 4, 15, 18, 27 and 35 of the Agreement, shall be understood as references to Regulation (EC) No 1008/2008 of the European Parliament and of the Council, |
|
— |
without prejudice to Article 15 of this Agreement, the term ‘Community air carrier’ referred to in the following Community directives and regulations shall include an air carrier which is licensed and has its principal place of business and, if any, its registered office in Switzerland in accordance with the provisions of Regulation (EC) No 1008/2008. Any reference to Regulation (EEC) No 2407/92 shall be understood as reference to Regulation (EC) No 1008/2008, |
|
— |
Any reference in the following texts to Articles 81 and 82 of the Treaty or to Articles 101 and 102 of the Treaty on the Functioning of the European Union shall be understood to mean Articles 8 and 9 of this Agreement. |
1. Aviation liberalisation and other civil aviation rules
No 1008/2008
Regulation of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community
No 2000/79
Council Directive of 27 November 2000 concerning the implementation of the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers’ Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA)
No 93/104
Council Directive of 23 November 1993 concerning certain aspects of the organisation of working time, as amended by:
|
— |
Directive 2000/34/EC |
No 437/2003
Regulation of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air
No 1358/2003
Commission Regulation of 31 July 2003 implementing Regulation (EC) No 437/2003 of the European Parliament and of the Council on statistical returns in respect of the carriage of passengers, freight and mail by air and amending Annexes I and II thereto
No 785/2004
Regulation of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators, as amended by:
|
— |
Commission Regulation (EU) No 285/2010 |
No 95/93
Council Regulation of 18 January 1993 on common rules for the allocation of slots at Community airports (Articles 1–12), as amended by:
|
— |
Regulation (EC) No 793/2004 |
No 2009/12
Directive of the European Parliament and of the Council of 11 March 2009 on airport charges (to be applied by Switzerland as from 1 July 2011)
No 96/67
Council Directive of 15 October 1996 on access to the groundhandling market at Community airports
(Articles 1–9, 11–23, and 25)
No 80/2009
Regulation of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89
2. Competition rules
No 3975/87
Council Regulation of 14 December 1987 laying down the procedures for the application of the rules on competition to undertakings in the air transport sector (Article 6(3)), as last amended by:
|
— |
Council Regulation (EC) No 1/2003 (Articles 1–13, 15–45) |
No 1/2003
Council Regulation of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (Articles 1–13, 15–45)
(To the extent that this Regulation is relevant for the application of this agreement. The insertion of this Regulation does not affect the division of tasks according to this Agreement)
Regulation (EEC) No 17/62 has been repealed by Regulation (EC) No 1/2003 with the exception of Article 8(3) which continues to apply to decisions adopted pursuant to Article 81(3) of the Treaty prior to the date of application of this Regulation until the date of expiration of those decisions.
No 773/2004
Commission Regulation of 7 April 2004 relating to proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty, as amended by:
|
— |
Commission Regulation (EC) No 1792/2006 |
No 139/2004
Council Regulation of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)
(Article 1–18, 19(1)–(2), and 20–23)
With respect to Article 4(5) of the Merger Regulation the following shall apply between the European Community and Switzerland:
|
(1) |
with regard to a concentration as defined in Article 3 of Regulation (EC) No 139/2004 which does not have a Community dimension within the meaning of Article 1 of that Regulation and which is capable of being reviewed under the national competition laws of at least three EC Member States and the Swiss Confederation, the persons or undertakings referred to in Article 4(2) of that Regulation may, before any notification to the competent authorities, inform the EC Commission by means of a reasoned submission that the concentration should be examined by the Commission; |
|
(2) |
the European Commission shall transmit all submissions pursuant to Article 4(5) of Regulation (EC) No 139/2004 and the previous paragraph to the Swiss Confederation without delay; |
|
(3) |
where the Swiss Confederation has expressed its disagreement as regards the request to refer the case, the competent Swiss competition authority shall retain its competence, and the case shall not be referred from the Swiss Confederation pursuant to this paragraph. |
With respect to time limits referred to in Article 4(4) and (5), Article 9(2) and (6), and Article 22(2) of the Merger Regulation:
|
(1) |
the European Commission shall transmit all the relevant documents pursuant to Article 4(4) and (5), Article 9(2) and (6) and Article 22(2) to the competent Swiss competition authority without delay; |
|
(2) |
the calculation of the time limits referred to in Article 4(4) and (5), Article 9(2) and (6), and Article 22(2) of Regulation (EC) No 139/2004 shall start, for the Swiss Confederation, upon receipt of the relevant documents by the competent Swiss competition authority. |
No 802/2004
Commission Regulation of 7 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (Articles 1–24), as amended by:
|
— |
Commission Regulation (EC) No 1792/2006 |
No 2006/111
Commission Directive of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings
No 487/2009
Council Regulation (EC) No 487/2009 of 25 May 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector
3. Aviation safety
No 216/2008
Regulation of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, as amended by:
|
— |
Commission Regulation (EC) No 690/2009, |
|
— |
Regulation (EC) No 1108/2009 |
The Agency shall enjoy also in Switzerland the powers granted to it under the provisions of the Regulation.
The Commission shall enjoy also in Switzerland the powers granted to it for decisions pursuant to Article 11(2), Article 14(5) and (7), Article 24(5), Article 25(1), Article 38(3)(i), Article 39(1), Article 40(3), Article 41(3) and (5), Article 42(4), Article 54(1) and Article 61(3).
Notwithstanding the horizontal adaptation provided for in the second indent of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport, the references to the ‘Member States’ made in Article 65 of the Regulation or in the provisions of Decision 1999/468/EC mentioned in that provision shall not be understood to apply to Switzerland.
Nothing in this Regulation shall be construed so as to transfer to the EASA authority to act on behalf of Switzerland under international agreements for other purposes than to assist in the performance of its obligations pursuant to such agreements.
The text of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations:
|
(a) |
Article 12 is amended as follows:
|
|
(b) |
in Article 29, the following paragraph shall be added: ‘4. By way of derogation from Article 12(2)(a) of the Conditions of Employment of Other Servants of the European Communities, Swiss nationals enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.’; |
|
(c) |
in Article 30, the following paragraph is added: ‘Switzerland shall apply to the Agency the Protocol on the Privileges and Immunities of the European Union, which is set out as Annex A to the present Annex, in accordance with the Appendix to Annex A.’; |
|
(d) |
in Article 37, the following paragraph is added: ‘Switzerland shall participate fully in the Management Board and shall within it have the same rights and obligations as European Union Member States, except for the right to vote.’; |
|
(e) |
In Article 59, the following paragraph shall be added: ‘12. Switzerland shall participate in the financial contribution referred to in paragraph 1(b), according to the following formula: S (0,2/100) + S [1 – (a + b) 0,2/100] c/C where:
|
|
(f) |
in Article 61, the following paragraph is added: ‘The provisions relating to financial control by the Community in Switzerland concerning the participants in the activities of the Agency are set out in Annex B to the present Annex.’; |
|
(g) |
Annex II to the Regulation shall be extended to include the following aircraft as products covered by Article 2(3)(a)(ii) of Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (1):
|
No 1108/2009
Regulation of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Directive 2006/23/EC
No 91/670
Council Directive of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation
(Articles 1–8)
No 3922/91
Council Regulation of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (Articles 1–3, 4(2), (5–11, and 13), as amended by:
|
— |
Regulation (EC) No 1899/2006, |
|
— |
Regulation (EC) No 1900/2006, |
|
— |
Commission Regulation (EC) No 8/2008, |
|
— |
Commission Regulation (EC) No 859/2008 |
No 94/56
Council Directive of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents
(Articles 1–13)
No 2004/36
Directive of the Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports (Articles 1–9, and 11–14), as last amended by:
|
— |
Commission Directive 2008/49/EC |
No 351/2008
Commission Regulation of 16 April 2008 implementing Directive 2004/36/EC of the European Parliament and of the Council as regards the prioritisation of ramp inspections on aircraft using Community airports
No 768/2006
Commission Regulation of 19 May 2006 implementing Directive 2004/36/EC of the European Parliament and of the Council as regards the collection and exchange of information on the safety of aircraft using Community airports and the management of the information system
No 2003/42
Directive of the European Parliament and the Council of 13 June 2003 on occurrence reporting in civil aviation (Articles 1–12)
No 1321/2007
Commission Regulation of 12 November 2007 laying down implementing rules for the integration into a central repository of information on civil aviation occurrences exchanged in accordance with Directive 2003/42/EC of the European Parliament and of the Council
No 1330/2007
Commission Regulation of 24 September 2007 laying down implementing rules for the dissemination to interested parties of information on civil aviation occurrences referred to in Article 7(2) of Directive 2003/42/EC of the European Parliament and of the Council
No 736/2006
Commission Regulation of 16 May 2006 on working methods of the European Aviation Safety Agency for conducting standardisation inspections
No 1702/2003
Regulation of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations, as amended by:
|
— |
Commission Regulation (EC) No 335/2007, |
|
— |
Commission Regulation (EC) No 381/2005, |
|
— |
Commission Regulation (EC) No 375/2007, |
|
— |
Commission Regulation (EC) No 706/2006, |
|
— |
Commission Regulation (EC) No 287/2008, |
|
— |
Commission Regulation (EC) No 1057/2008, |
|
— |
Commission Regulation (EC) No 1194/2009 |
For the purposes of the Agreement, the provisions of the Regulation shall be read subject to the following adjustment:
Article 2 is amended as follows:
In paragraphs 3, 4, 6, 8, 10, 11, 13 and 14, the date ‘ 28 September 2003 ’ shall be replaced by ‘the date of entry into force of the Decision of the Community/Switzerland Air Transport Committee which incorporates Regulation (EC) No 216/2008 into the Annex to the Regulation.’
No 2042/2003
Commission Regulation of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, as amended by:
|
— |
Commission Regulation (EC) No 707/2006, |
|
— |
Commission Regulation (EC) No 376/2007, |
|
— |
Commission Regulation (EC) No 1056/2008, |
|
— |
Commission Regulation (EU) No 127/2010, |
|
— |
Commission Regulation (EU) No 962/2010 |
No 104/2004
Commission Regulation of 22 January 2004 laying down rules on the organisation and composition of the Board of Appeal of the European Aviation Safety Agency
No 593/2007
Commission Regulation of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency, as last amended by:
|
— |
Commission Regulation (EC) No 1356/2008 |
No 2111/2005
Regulation of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC
No 473/2006
Commission Regulation of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council
No 474/2006
Commission Regulation of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council, as last amended by:
|
— |
Commission Implementing Regulation (EU) No 390/2011 (2) |
4. Aviation Security
No 300/2008
Regulation of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002
No 272/2009
Commission Regulation of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council, as last amended by:
|
— |
Commission Regulation (EU) No 297/2010 |
No 1254/2009
Commission Regulation (EU) of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures
No 18/2010
Commission Regulation (EU) of 8 January 2010 amending Regulation (EC) No 300/2008 of the European Parliament and of the Council as far as specifications for national quality control programmes in the field of civil aviation security are concerned
No 72/2010
Commission Regulation (EU) of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security
No 185/2010
Commission Regulation (EU) of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security, as amended by:
|
— |
Commission Regulation (EU) No 357/2010, |
|
— |
Commission Regulation (EU) No 358/2010, |
|
— |
Commission Regulation (EU) No 573/2010, |
|
— |
Commission Regulation (EU) No 983/2010, |
|
— |
Commission Regulation (EU) No 334/2011 |
No 2010/774
Commission Decision (EU) of 13 April 2010 laying down detailed measures for the implementation of the common basic standards on aviation security containing information as referred to in Point (a) of Article 18 of Regulation (EC) No 300/2008, as amended by:
|
— |
Commission Decision 2010/2604/EU, |
|
— |
Commission Decision 2010/3572/EU, |
|
— |
Commission Decision 2010/9139/EU. |
5. Air traffic management
No 549/2004
Regulation of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the Single European Sky (the Framework Regulation), as amended by:
|
— |
Regulation (EC) No 1070/2009 |
The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 6, 8, 10, 11 and 12.
Article 10 shall be amended as follows:
|
|
In paragraph 2, the words ‘at Community level’ should be replaced by words ‘at Community level, involving Switzerland’. |
|
|
Notwithstanding the horizontal adjustment referred to in the second indent of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport, the references to the ‘Member States’ made in Article 5 of Regulation (EC) No 549/2004 or in the provisions of Decision 1999/468/EC mentioned in that provision shall not be understood to apply to Switzerland. |
No 550/2004
Regulation of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky (the Service Provision Regulation), as amended by:
|
— |
Regulation (EC) No 1070/2009 |
The Commission shall enjoy towards Switzerland the powers granted to it pursuant to Articles 9a, 9b, 15a, 16 and 17.
The provisions of the Regulation shall, for the purposes of the Agreement, be amended as follows:
|
(a) |
Article 3 shall be amended as follows: in paragraph 2, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’; |
|
(b) |
Article 7 is amended as follows: in paragraph 1 and paragraph 6, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’; |
|
(c) |
Article 8 is amended as follows: in paragraph 1, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’; |
|
(d) |
Article 10 is amended as follows: in paragraph 1, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’; |
|
(e) |
Article 16(3) is replaced by the following: ‘3. The Commission shall address its decision to the Member States and inform the service provider thereof, in so far as it is legally concerned.’. |
No 551/2004
Regulation of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the Single European Sky (the Airspace Regulation), as amended by:
|
— |
Regulation (EC) No 1070/2009 |
The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 3a, 6 and 10.
No 552/2004
Regulation of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the Interoperability Regulation), as amended by:
|
— |
Regulation (EC) No 1070/2009 |
The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 4, 7 and 10(3).
The provisions of the Regulation shall, for the purposes of the Agreement, be amended as follows:
|
(a) |
Article 5 is amended as follows: in paragraph 2, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’; |
|
(b) |
Article 7 is amended as follows: in paragraph 4, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’; |
|
(c) |
Annex III shall be amended as follows: in Section 3, second and last indents, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’. |
No 2096/2005
Commission Regulation of 20 December 2005 laying down common requirements for the provision of air navigation services, as amended by:
|
— |
Commission Regulation (EC) No 1315/2007, |
|
— |
Commission Regulation (EC) No 482/2008, |
|
— |
Commission Regulation (EC) No 668/2008, |
|
— |
Commission Regulation (EU) No 691/2010. |
The Commission shall enjoy in Switzerland the powers granted to it pursuant to Article 9.
No 2150/2005
Commission Regulation of 23 December 2005 laying down common rules for the flexible use of airspace
No 1033/2006
Commission Regulation of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the Single European Sky, as last amended by:
|
— |
Commission Regulation (EU) No 929/2010 |
No 1032/2006
Commission Regulation of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units, as last amended by:
|
— |
Commission Regulation (EC) No 30/2009 |
No 1794/2006
Commission Regulation of 6 December 2006 laying down a common charging scheme for air navigation services (to be applied by Switzerland as from the entry into force of the relevant Swiss legislation but at the latest as from 1 January 2012), as last amended by:
|
— |
Commission Regulation (EU) No 1191/2010 |
No 2006/23
Directive of the European Parliament and of the Council of 5 April 2006 on a Community air traffic controller licence
No 730/2006
Commission Regulation of 11 May 2006 on airspace classification and access of flights operated under visual flight rules above flight level 195
No 219/2007
Council Regulation of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR), as last amended by:
|
— |
Council Regulation (EC) No 1361/2008 |
No 633/2007
Commission Regulation of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units
No 1265/2007
Commission Regulation of 26 October 2007 laying down requirements on air-ground voice channel spacing for the Single European Sky
No 29/2009
Commission Regulation of 16 January 2009 laying down requirements on data link services for the Single European Sky
No 262/2009
Commission Regulation of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the Single European Sky
No 73/2010
Commission Regulation of 26 January 2010 laying down requirements on the quality of aeronautical data and aeronautical information for the Single European Sky
No 255/2010
Commission Regulation of 25 March 2010 laying down common rules on air traffic flow management
No 691/2010
Commission Regulation of 29 July 2010 laying down a performance scheme for air navigation services and network functions and amending Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services
Corrective measures adopted by the Commission under Article 14 paragraph 3 of the Regulation are mandatory for Switzerland after having been adopted by a decision of the Joint Committee
No 2010/5134
Commission Decision of 29 July 2010 on the designation of the Performance Review Body of the Single European Sky
No 2010/5110
Commission Decision of 12 August 2010 on the designation of a functional airspace blocks system coordinator in the context of the Single European Sky
No 2011/121
Commission Decision 2011/121/EU of 21 February 2011 setting the European Union-wide performance targets and alert thresholds for the provision of air navigation services for the years 2012 to 2014
6. Environment and noise
No 2002/30
Directive of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (Articles 1–12, and 14–18)
(The amendments to Annex I, arising from Annex II, Chapter 8 (Transport policy), Section G (Air transport), point 2 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, shall apply).
No 89/629
Council Directive of 4 December 1989 on the limitation of noise emissions from civil subsonic jet aeroplanes
(Articles 1–8)
No 2006/93/EC
Directive of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)
7. Consumer protection
No 90/314
Council Directive of 13 June 1990 on package travel, package holidays and package tours
(Articles 1–10)
No 93/13
Council Directive of 5 April 1993 on unfair terms in consumer contracts
(Articles 1–11)
No 2027/97
Council Regulation of 9 October 1997 on air carrier liability in the event of accidents (Articles 1–8), as amended by:
|
— |
Regulation (EC) No 889/2002 |
No 261/2004
Regulation of the Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
(Articles 1–18)
No 1107/2006
Regulation of the European Parliament and of the Council of 5 July 2006 concerning the right of disabled persons and persons with reduced mobility when travelling by air
8. Miscellaneous
No 2003/96
Council Directive of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity
(Article 14(1)(b), and Article 14(2))
9. Annexes
|
A |
: |
Protocol on the Privileges and Immunities of the European Union |
|
B |
: |
Provisions on financial control by the European Union as regards Swiss participants in activities of the EASA |
(1) OJ L 243, 27.9.2003, p. 6.
(2) This Regulation shall apply in Switzerland as long as it is in force in the EU.
ANNEX A
PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN UNION
THE HIGH CONTRACTING PARTIES,
CONSIDERING that, in accordance with Article 343 of the Treaty on the Functioning of the European Union and Article 191 of the Treaty establishing the European Atomic Energy Community (EAEC), the European Union and the EAEC shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of their tasks,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community:
CHAPTER I
PROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE EUROPEAN UNION
Article 1
The premises and buildings of the Union shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation. The property and assets of the Union shall not be the subject of any administrative or legal measure of constraint without the authorisation of the Court of Justice.
Article 2
The archives of the Union shall be inviolable.
Article 3
The Union, its assets, revenues and other property shall be exempt from all direct taxes.
The governments of the Member States shall, wherever possible, take the appropriate measures to remit or refund the amount of indirect taxes or sales taxes included in the price of movable or immovable property, where the Union makes, for its official use, substantial purchases the price of which includes taxes of this kind. These provisions shall not be applied, however, so as to have the effect of distorting competition within the Union.
No exemption shall be granted in respect of taxes and dues which amount merely to charges for public utility services.
Article 4
The Union shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for its official use: articles so imported shall not be disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the government of that country.
The Union shall also be exempt from any customs duties and any prohibitions and restrictions on import and exports in respect of its publications.
CHAPTER II
COMMUNICATIONS AND LAISSEZ-PASSER
Article 5
For their official communications and the transmission of all their documents, the institutions of the Union shall enjoy in the territory of each Member State the treatment accorded by that State to diplomatic missions.
Official correspondence and other official communications of the institutions of the Union shall not be subject to censorship.
Article 6
Laissez-passer in a form to be prescribed by the Council, acting by a simple majority, which shall be recognised as valid travel documents by the authorities of the Member States, may be issued to members and servants of the institutions of the Union by the Presidents of these institutions. These laissez-passer shall be issued to officials and other servants under conditions laid down in the Staff Regulations of officials and the Conditions of Employment of other servants of the Union.
The Commission may conclude agreements for these laissez-passer to be recognised as valid travel documents within the territory of third countries.
CHAPTER III
MEMBERS OF THE EUROPEAN PARLIAMENT
Article 7
No administrative or other restriction shall be imposed on the free movement of Members of the European Parliament travelling to or from the place of meeting of the European Parliament.
Members of the European Parliament shall, in respect of customs and exchange control, be accorded:
|
(a) |
by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary official missions; |
|
(b) |
by the government of other Member States, the same facilities as those accorded to representatives of foreign governments on temporary official missions. |
Article 8
Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties.
Article 9
During the sessions of the European Parliament, its Members shall enjoy:
|
(a) |
in the territory of their own State, the immunities accorded to members of their parliament; |
|
(b) |
in the territory of any other Member State, immunity from any measure of detention and from legal proceedings. |
Immunity shall likewise apply to Members while they are travelling to and from the place of meeting of the European Parliament.
Immunity cannot be claimed when a Member is found in the act of committing an offence and shall not prevent the European Parliament from exercising its right to waive the immunity of one of its Members.
CHAPTER IV
REPRESENTATIVES OF MEMBER STATES TAKING PART IN THE WORK OF THE INSTITUTIONS OF THE EUROPEAN UNION
Article 10
Representatives of Member States taking part in the work of the institutions of the Union, their advisers and technical experts shall, in the performance of their duties and during their travel to and from the place of meeting, enjoy the customary privileges, immunities and facilities.
This Article shall also apply to members of the advisory bodies of the Union.
CHAPTER V
OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN UNION
Article 11
In the territory of each Member State and whatever their nationality, officials and other servants of the Union shall:
|
(a) |
subject to the provisions of the Treaties relating, on the one hand, to the rules on the liability of officials and other servants towards the Union and, on the other hand, to the jurisdiction of the Court of Justice of the European Union in disputes between the Union and its officials and other servants, be immune from legal proceedings in respect of acts performed by them in their official capacity, including their words spoken or written. They shall continue to enjoy this immunity after they have ceased to hold office; |
|
(b) |
together with their spouses and dependent members of their families, not be subject to immigration restrictions or to formalities for the registration of aliens; |
|
(c) |
in respect of currency or exchange regulations, be accorded the same facilities as are customarily accorded to officials of international organisations; |
|
(d) |
enjoy the right to import free of duty their furniture and effects at the time of first taking up their post in the country concerned, and the right to re-export free of duty their furniture and effects, on termination of their duties in that country, subject in either case to the conditions considered to be necessary by the government of the country in which this right is exercised; |
|
(e) |
have the right to import free of duty a motor car for their personal use, acquired either in the country of their last residence or in the country of which they are nationals on the terms ruling in the home market in that country, and to re-export it free of duty, subject in either case to the conditions considered to be necessary by the government of the country concerned. |
Article 12
Officials and other servants of the Union shall be liable to a tax for the benefit of the Union on salaries, wages and emoluments paid to them by the Union, in accordance with the conditions and procedure laid down by the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consultation of the institutions concerned.
They shall be exempt from national taxes on salaries, wages and emoluments paid by the Union.
Article 13
In the application of income tax, wealth tax and death duties and in the application of conventions on the avoidance of double taxation concluded between Member States of the Union, officials and other servants of the Union who, solely by reason of the performance of their duties in the service of the Union, establish their residence in the territory of a Member State other than their country of domicile for tax purposes at the time of entering the service of the Union, shall be considered, both in the country of their actual residence and in the country of domicile for tax purposes, as having maintained their domicile in the latter country provided that it is a member of the Union. This provision shall also apply to a spouse, to the extent that the latter is not separately engaged in a gainful occupation, and to children dependent on and in the care of the persons referred to in this Article.
Movable property belonging to persons referred to in the preceding paragraph and situated in the territory of the country where they are staying shall be exempt from death duties in that country; such property shall, for the assessment of such duty, be considered as being in the country of domicile for tax purposes, subject to the rights of third countries and to the possible application of provisions of international conventions on double taxation.
Any domicile acquired solely by reason of the performance of duties in the service of other international organisations shall not be taken into consideration in applying the provisions of this Article.
Article 14
The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure and after consultation of the institutions concerned, shall lay down the scheme of social security benefits for officials and other servants of the Union.
Article 15
The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, and after consulting the other institutions concerned, shall determine the categories of officials and other servants of the Union to whom the provisions of Article 11, the second paragraph of Article 12, and Article 13 shall apply, in whole or in part.
The names, grades and addresses of officials and other servants included in such categories shall be communicated periodically to the governments of the Member States.
CHAPTER VI
PRIVILEGES AND IMMUNITIES OF MISSIONS OF THIRD COUNTRIES ACCREDITED TO THE EUROPEAN UNION
Article 16
The Member State in whose territory the Union has its seat shall accord the customary diplomatic immunities and privileges to missions of third countries accredited to the Union.
CHAPTER VII
GENERAL PROVISIONS
Article 17
Privileges, immunities and facilities shall be accorded to officials and other servants of the Union solely in the interests of the Union.
Each institution of the Union shall be required to waive the immunity accorded to an official or other servant wherever that institution considers that the waiver of such immunity is not contrary to the interests of the Union.
Article 18
The institutions of the Union shall, for the purpose of applying this Protocol, cooperate with the responsible authorities of the Member States concerned.
Article 19
Articles 11 to 14 and Article 17 shall apply to Members of the Commission.
Article 20
Articles 11 to 14 and Article 17 shall apply to the Judges, the Advocates-General, the Registrars and the Assistant Rapporteurs of the Court of Justice of the European Union, without prejudice to the provisions of Article 3 of the Protocol on the Statute of the Court of Justice of the European Union relating to immunity from legal proceedings of Judges and Advocates-General.
Article 21
This Protocol shall also apply to the European Investment Bank, to the members of its organs, to its staff and to the representatives of the Member States taking part in its activities, without prejudice to the provisions of the Protocol on the Statute of the Bank.
The European Investment Bank shall in addition be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the Bank has its seat. Similarly, its dissolution or liquidation shall not give rise to any imposition. Finally, the activities of the Bank and of its organs carried on in accordance with its Statute shall not be subject to any turnover tax.
Article 22
This Protocol shall also apply to the European Central Bank, to the members of its organs and to its staff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and the European Central Bank.
The European Central Bank shall, in addition, be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the Bank has its seat. The activities of the Bank and of its organs carried on in accordance with the Statute of the European System of Central Banks and of the European Central Bank shall not be subject to any turnover tax.
Appendix to Annex A
PROCEDURES FOR THE APPLICATION IN SWITZERLAND OF THE PROTOCOL ON PRIVILEGES AND IMMUNITIES OF THE EUROPEAN UNION
1. Extension of application to Switzerland
Wherever the Protocol on the privileges and immunities of the European Union (hereinafter called ‘the Protocol’) contains references to Member States, the references are to be understood to apply equally to Switzerland, unless the following provisions determine otherwise.
2. Exemption of the Agency from indirect taxation (including VAT)
Goods and services exported from Switzerland are not to be subject to Swiss value added tax (VAT). In the case of goods and services provided to the Agency in Switzerland for its official use, in accordance with the second paragraph of Article 3 of the Protocol, exemption from VAT is by way of refund. Exemption from VAT shall be granted if the actual purchase price of the goods and services mentioned in the invoice or equivalent document totals at least 100 Swiss francs (inclusive of tax).
The VAT refund is to be granted on presentation to the Federal Tax Administration's VAT Main Division of the Swiss forms provided for the purpose. As a rule, refund applications must be processed within the 3 months following the date on which they were lodged together with the necessary supporting documents.
3. Procedures for the application of the rules relating to the Agency's staff
As regards the second paragraph of Article 12 of the Protocol, Switzerland shall exempt, according to the principles of its national law, officials and other servants of the Agency within the meaning of Article 2 of Regulation (Euratom, ECSC, EEC) No 549/69 (1) from federal, cantonal and communal taxes on salaries, wages and emoluments paid to them by the European Union and subject to an internal tax for its own benefit.
Switzerland shall not be considered as a Member State within the meaning of point 1 above for the application of Article 13 of the Protocol.
Officials and other servants of the Agency and members of their families who are members of the social insurance system applicable to officials and other servants of the European Union are not obliged to be members of the Swiss social security system.
The Court of Justice of the European Union shall have exclusive jurisdiction in any matters concerning relations between the Agency or the Commission and its staff with regard to the application of Council Regulation (EEC, Euratom, ECSC) No 259/68 (2) and the other provisions of the European Union law laying down working conditions.
(1) Regulation (Euratom, ECSC, EEC) No 549/69 of the Council of 25 March 1969 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply (OJ L 74, 27.3.1969, p. 1). Regulation last amended by Commission Regulation (EC) No 1749/2002 (OJ L 264, 2.10.2002, p. 13).
(2) Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (Conditions of Employment of Other Servants) (OJ L 56, 4.3.1968, p. 1). Regulation last amended by Commission Regulation (EC) No 2104/2005 (OJ L 337, 22.12.2005, p. 7).
ANNEX B
FINANCIAL CONTROL AS REGARDS SWISS PARTICIPANTS IN ACTIVITIES OF THE EUROPEAN AVIATION AGREEMENT
Article 1
Direct communication
The Agency and the Commission shall communicate directly with all persons or entities established in Switzerland and participating in activities of the Agency, as contractors, participants in Agency programmes, recipients of payments from the Agency or the Community budget, or subcontractors. Such persons may send directly to the Commission and to the Agency all relevant information and documentation which they are required to submit on the basis of the instruments referred to in this Decision and of contracts or agreements concluded and any decisions taken pursuant to them.
Article 2
Checks
1. In accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and the Financial Regulation adopted by the Management Board of the Agency on 26 March 2003, with Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and with the other instruments referred to in this Decision, contracts or agreements concluded and decisions taken with beneficiaries established in Switzerland may provide for scientific, financial, technological or other audits to be conducted at any time on the premises of the beneficiaries and of their subcontractors by Agency and Commission officials or by other persons mandated by the Agency and the Commission.
2. Agency and Commission officials and other persons mandated by the Agency and the Commission shall have appropriate access to sites, works and documents and to all the information required in order to carry out such audits, including in electronic form. This right of access shall be stated explicitly in the contracts or agreements concluded to implement the instruments referred to in this Decision.
3. The European Court of Auditors is to have the same rights as the Commission.
4. The audits may take place until 5 years after the expiry of this Decision or under the terms of the contracts or agreements concluded and the decisions taken.
5. The Swiss Federal Audit Office is to be informed in advance of audits conducted on Swiss territory. This information will not be a legal condition for carrying out such audits.
Article 3
On-the-spot checks
1. Under this Agreement, the Commission (OLAF) is authorised to carry out on-the-spot checks and inspections on Swiss territory, under the terms and conditions set out in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (3).
2. On-the-spot checks and inspections shall be prepared and conducted by the Commission in close cooperation with the Swiss Federal Audit Office or with other competent Swiss authorities appointed by the Swiss Federal Audit Office, which shall be notified in good time of the object, purpose and legal basis of the checks and inspections, so that they can provide all the requisite help. To that end, the officials of the competent Swiss authorities may participate in the on-the-spot checks and inspections.
3. If the Swiss competent authorities concerned so wish, the on-the-spot checks and inspections may be carried out jointly by the Commission and the Swiss competent authorities.
4. Where the participants in the programme resist an on-the-spot check or inspection, the Swiss authorities, acting in accordance with national rules, shall give the Commission inspectors such assistance as they need to allow them to discharge their duty in carrying out an on-the-spot check or inspection.
5. The Commission shall report as soon as possible to the Swiss Federal Audit Office any fact or suspicion relating to an irregularity which has come to its notice in the course of the on-the-spot check or inspection. In any event the Commission is required to inform the aforementioned authority of the result of such checks and inspections.
Article 4
Information and consultation
1. For the purposes of proper implementation of this Annex, the competent Swiss and Community authorities shall exchange information regularly and, at the request of one of the Parties, shall conduct consultations.
2. The competent Swiss authorities shall inform the Agency and the Commission without delay of any fact or suspicion which has come to their notice relating to an irregularity in connection with the conclusion and implementation of the contracts or agreements concluded in application of the instruments referred to in this Decision.
Article 5
Confidentiality
Information communicated or acquired in any form whatsoever pursuant to this Annex will be covered by professional confidentiality and protected in the same way as similar information is protected by the national legislation of Switzerland and by the corresponding provisions applicable to the Community institutions. Such information shall not be communicated to persons other than those within the Community institutions, in the Member States, or in Switzerland whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the financial interests of the Contracting Parties.
Article 6
Administrative measures and penalties
Without prejudice to application of Swiss criminal law, administrative measures and penalties may be imposed by the Agency or the Commission in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 and with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests (4).
Article 7
Recovery and enforcement
Decisions taken by the Agency or the Commission within the scope of this Decision which impose a pecuniary obligation on persons other than States shall be enforceable in Switzerland.
The enforcement order must be issued, without any further control than verification of the authenticity of the act, by the authority designated by the Swiss government, which must inform the Agency or the Commission thereof. Enforcement must take place in accordance with the Swiss rules of procedure. The legality of the enforcement decision is subject to control by the Court of Justice of the European Union.
Judgments given by the Court of Justice of the European Union pursuant to an arbitration clause are enforceable on the same terms.
(1) OJ L 248, 16.9.2002, p. 1.
(2) OJ L 357, 31.12.2002, p. 72.
