29.7.2014

Official Journal of the European Union

L 223/7

COMMISSION IMPLEMENTING REGULATION (EU) No 821/2014

of 28 July 2014

laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information and communication measures for operations and the system to record and store data

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (1), and in particular Articles 38(10), 46(3), 115(4) and the second subparagraph of Article 125(8) thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) No 215/2014 (2) lays down provisions necessary for the preparation of programmes. In order to ensure implementation of the programmes financed by the European Structural and Investment Funds (the ‘ESI Funds’), it is necessary to lay down further provisions for the application of Regulation (EU) No 1303/2013. To facilitate a comprehensive view and the access to those provisions, those provisions should be set out in one implementing act.

(2)

To increase flexibility in mobilising support for financial instruments from different sources managed by the managing authority in one of the ways set out in the first subparagraph of Article 38(4) of Regulation (EU) No 1303/2013, it is necessary to clarify how the programme contributions are transferred and managed. In particular it is necessary to clarify the circumstances under which a financial instrument may receive contributions from more than one programme or from more than one priority axis or measure of the same programme, and the conditions under which national public or private contributions to financial instruments made at the level of final recipients can be taken into consideration as national co-financing resources.

(3)

It is necessary to establish a model for reporting on financial instruments to the Commission in order to ensure that the managing authorities provide the information required by Article 46(2) of Regulation (EU) No 1303/2013 in a consistent and comparable way. The model for reporting on financial instruments is also necessary to enable the Commission to provide summaries of the data on progress made in financing and implementing the financial instruments.

(4)

In order to ensure a harmonised visual identity for information and communication measures for operations in the area of Union cohesion policy, the instructions for creating the Union emblem and a definition of the standard colours should be established, as well as technical characteristics for displaying the Union emblem and the reference to the Fund or Funds supporting the operation.

(5)

In order to ensure a harmonised visual identity for information and communication measures for infrastructure and construction operations in the area of Union cohesion policy, it is necessary to establish the technical characteristics of billboards and permanent plaques for infrastructure and construction operations where the total public support for each operation exceeds EUR 500 000.

(6)	For the purposes of Article 125(2)(d) of Regulation (EU) No 1303/2013, it is necessary to lay down technical specifications of the system to record and store in computerised form data on each operation necessary for the monitoring, evaluation, financial management, verification and audit.

(7)

For the purposes of effective implementation of the second subparagraph of Article 122(3) of Regulation (EU) No 1303/2013, it is necessary to ensure that the technical specifications of the system to record and store data guarantee full interoperability with the system referred to in Article 122(3) of that Regulation, at architectural, technical and semantic level.

(8)	The detailed technical specifications of the system to record and store data should be sufficiently documented to ensure audit trail of the compliance with the legal requirements.

(9)	The system to record and store data should also include appropriate search tools and reporting functions in order to be able to easily retrieve and aggregate information stored in it for monitoring, evaluation, financial management, verification and audit purposes.

(10)	The measures provided for in this Regulation are in accordance with the opinion of the Coordination Committee for the European Structural and Investment Funds,

HAS ADOPTED THIS REGULATION:

CHAPTER I

DETAILED ARRANGEMENTS FOR THE TRANSFER AND MANAGEMENT OF PROGRAMME CONTRIBUTIONS AND REPORTING ON FINANCIAL INSTRUMENTS

Article 1

Transfer and management of programme contributions

(Article 38(10) of Regulation (EU) No 1303/2013)

1. Where contributions from more than one programme or from more than one priority axis or measure of the same programme are made to a financial instrument, the body implementing that financial instrument shall keep a separate account or maintain an adequate accounting code for the contribution from each programme, from each priority axis or measure for reporting and audit purposes.

2. Where national public and private contributions to financial instruments are made at the level of final recipients, in accordance with the Fund-specific rules, the bodies implementing those financial instruments shall manage national public or private contributions constituting national co-financing and made at the level of final recipients in accordance with paragraphs 3 to 6.

3. The bodies implementing financial instruments shall keep documentary evidence of the following:

(a)	legal agreements concluded with the private or public entities concerning national public or private contributions constituting national co-financing to be provided by these entities at the level of final recipients;

(b)	effective transfer of resources constituting national co-financing by private or public entities to final recipients;

(c)	national public or private contributions constituting national co-financing and made by private or public entities, reported to the body implementing financial instrument.

4. The bodies implementing financial instruments shall retain overall responsibility for the investment in final recipients including subsequent monitoring of the contributions from programmes in accordance with funding agreements.

5. The bodies implementing financial instruments shall ensure that expenditure covered by the national public or private contributions constituting national co-financing is eligible before declaring it to the managing authority.

6. The bodies implementing financial instruments shall maintain the audit trail for the national public or private contributions constituting national co-financing down to the level of the final recipient.

Article 2

Model for reporting on financial instruments

(Article 46(3) of Regulation (EU) No 1303/2013)

For the specific report referred to in Article 46(1) of Regulation (EU) No 1303/2013, the managing authorities shall use the model set out in Annex I to this Regulation.

CHAPTER II

TECHNICAL CHARACTERISTICS OF INFORMATION AND COMMUNICATION MEASURES FOR OPERATIONS AND INSTRUCTIONS FOR CREATING THE UNION EMBLEM AND A DEFINITION OF THE STANDARD COLOURS

(Article 115(4) of Regulation (EU) No 1303/2013)

Article 3

Instructions for creating the emblem and a definition of the standard colours

The Union emblem shall be created in accordance with the graphic standards set out in Annex II.

Article 4

Technical characteristics for displaying the Union emblem and the reference to the Fund or Funds supporting the operation

1. The Union emblem referred to in point 1(a) of Section 2.2 of Annex XII to Regulation (EU) No 1303/2013 shall be displayed in colour on websites. In all other media, colour shall be used whenever possible and a monochrome version may only be used in justified cases.

2. The Union emblem shall always be clearly visible and placed in a prominent position. Its position and size shall be appropriate to the scale of the material or document being used. For small promotional objects the obligation to make reference to the Fund shall not apply.

3. When the Union emblem, the reference to the Union and the relevant Fund are displayed on a website:

(a)	the Union emblem and the reference to the Union shall be visible, when landing on the website, inside the viewing area of a digital device, without requiring a user to scroll down the page;

(b)	the reference to the relevant Fund shall be made visible on the same website.

4. The name ‘European Union’ shall always be spelled out in full. The name of a financial instrument shall include a reference to the fact that it is supported by the ESI Funds. The typeface to be used in conjunction with the Union emblem may be any of the following fonts: Arial, Auto, Calibri, Garamond, Trebuchet, Tahoma, Verdana, Ubuntu. Italic, underlined variations or font effects shall not be used. The positioning of the text in relation to the Union emblem shall not interfere with the Union emblem in any way. The font size used shall be proportionate to the size of the emblem. The colour of the font shall be reflex blue, black or white depending on the background.

5. If other logos are displayed in addition to the Union emblem, the Union emblem shall have at least the same size, measured in height or width, as the biggest of the other logos.

Article 5

Technical characteristics of permanent plaques and temporary or permanent billboards

1. The name of the operation, the main objective of the operation, the Union emblem together with the reference to the Union and the reference to the Fund or Funds to be displayed on the temporary billboard referred to in point 4 of Section 2.2 of Annex XII to Regulation (EU) No 1303/2013 shall take up at least 25 % of that billboard.

2. The name of the operation and the main objective of the activity supported by the operation, the Union emblem together with the reference to the Union and the reference to the Fund or Funds to be displayed on the permanent plaque or permanent billboard referred to in point 5 of Section 2.2 of Annex XII to Regulation (EU) No 1303/2013 shall take up at least 25 % of that plaque or billboard.

CHAPTER III

SYSTEM TO RECORD AND STORE DATA

(Article 125(8) of Regulation (EU) No 1303/2013)

Article 6

General provisions

The system to record and store data on operations referred to in point (d) of Article 125(2) of Regulation (EU) No 1303/2013 shall comply with the technical specifications set out in Articles 7 to 11.

Article 7

Protection and preservation of data and documents and their integrity

1. Access to the system shall be based on predefined rights for different types of users and shall be suppressed where it is no longer needed.

2. The system shall keep the logs of any recording, modification and deletion of documents and data.

3. The system shall not allow modification of the content of documents bearing an electronic signature. A time stamp certifying the deposit of the document bearing an electronic signature, shall be generated and associated with the document and shall not be alterable. Deletion of such documents shall be logged in accordance with paragraph 2.

4. The data shall be subject to regular back-ups. The back-up with replica of the entire content of the electronic file repository shall be ready for use in case of emergency.

5. The electronic storage facility shall be protected against any danger of loss or alteration of its integrity. Such protection shall include physical protection against inappropriate temperature and levels of humidity, fire and theft detection systems, adequate protection systems against virus attacks, hackers and any other non-authorised access.

6. The system shall provide for the migration of data, format and computer environment at intervals sufficient to guarantee legibility and accessibility of documents and data until the end of the relevant period referred to in Article 140(1) of Regulation (EU) No 1303/2013.

Article 8

Interoperability

1. The system shall be interoperable with the systems for electronic data exchange with beneficiaries referred to in Article 122(3) of Regulation (EU) No 1303/2013.

Where appropriate, the system shall facilitate the verification of the veracity and, completeness of the data provided by the beneficiaries before it is stored in a secured manner.

2. The system shall be interoperable with other relevant computerised systems under the National Interoperability Framework and the European Interoperability Framework (EIF) established under Decision No 922/2009/EC of the European Parliament and of the Council (3).

3. The system shall be interoperable at technical and semantic level. The specifications shall support standard formats for data exchange and shall ensure that those formats can be recognised and exchanged between heterogeneous systems.

Article 9

Search and reporting functions

The system shall include:

(a)	appropriate search tools enabling easy retrieval of documents, data and their metadata;

(b)	a reporting function enabling the generation of reports on the basis of predefined criteria, in particular for the data set out in Commission Delegated Regulation (EU) No 480/2014 (4);

(c)	a possibility of saving, exporting or printing reports referred to in point (b), or a link to an external application providing for such possibility.

Article 10

Documentation of the system

The managing authority shall provide detailed and updated functional and technical documentation on the operation and characteristics of the system, accessible on request by relevant entities responsible for the management of the programme, by the Commission and the European Court of Auditors.

The documentation referred to in the first paragraph shall provide evidence of the implementation of Regulation (EU) No 1303/2013 in the Member State concerned.

Article 11

Security of information exchange

The system used shall be protected by adequate security measures concerning document classification, protection of information systems and personal data protection. These measures shall comply with international standards and national legal requirements.

The security measures referred to in the first paragraph shall protect networks and transmission facilities where the system interacts with other modules and systems.

Article 12

Entry into force

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

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

Done at Brussels, 28 July2014.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 347, 20.12.2013, p. 320.

(2) Commission Implementing Regulation (EU) No 215/2014 of 7 March 2014 laying down rules for implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund with regard to methodologies for climate change support, the determination of milestones and targets in the performance framework and the nomenclature of categories of intervention for the European Structural and Investment Funds (OJ L 69, 8.3.2014, p. 65).

(3) Decision No 922/2009/EC of the European Parliament and of the Council of 16 September 2009 on interoperability solutions for European public administrations (ISA) (OJ L 260, 3.10.2009, p. 20).

(4) Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (OJ L 138, 13.5.2014, p. 5).

ANNEX I

Model for reporting on financial instruments

No.	Information required for each financial instrument
I. Identification of the programme and priority or measure from which support from the ESI Funds is provided (Article 46(2)(a) of Regulation (EU) No 1303/2013)
1	Priority axes or measures supporting the financial instrument, including fund of funds, under the ESI Fund programme
1.1	Reference (number and title) of each priority axis or measure supporting the financial instrument under the ESI Fund programme
2	Name of ESI Fund(s) supporting the financial instrument under the priority axis or measure
3	Thematic objective(s) referred to in the first paragraph of Article 9 of Regulation (EU) No 1303/2013 supported by the financial instrument
4	Other ESI Fund programmes providing contributions to the financial instrument
4.1	CCI number of each other ESI Fund programme providing contributions to the financial instrument
II. Description of the financial instrument and implementation arrangements (Article 46(2)(b) of Regulation (EU) No 1303/2013)
5	Name of the financial instrument
6	Official address/place of business of the financial instrument (name of the country and city)
7	Implementation arrangements
7.1	Financial instrument set up at Union level, managed directly or indirectly by the Commission referred to in Article 38(1)(a) of Regulation (EU) No 1303/2013, supported from ESI Fund programme contributions
7.1.1	Name of the Union-level financial instrument
7.2	Financial instrument set up at national, regional, transnational or cross-border level, managed by or under the responsibility of the managing authority referred to in Article 38(1)(b), supported from ESI Fund programme contributions under points (a), (b) and (c) of Article 38(4) of Regulation (EU) No 1303/2013
8	Type of the financial instrument
8.1	Tailor-made or financial instruments complying with standard terms and conditions
8.2	Financial instrument organised through fund of funds or without a fund of funds
8.2.1	Name of the fund of funds set up to implement financial instruments
9	Type of products provided by financial instrument: loans, micro-loans, guarantees, equity or quasi-equity investments, other financial product or other support combined within the financial instrument pursuant to Article 37(7) of Regulation (EU) No 1303/2013
9.1	Description of the other financial product
9.2	Other support combined within the financial instrument: grant, interest rate subsidy, guarantee fee subsidy pursuant to Article 37(7) of Regulation (EU) No 1303/2013
10	Legal status of the financial instrument, pursuant to Article 38(6) of Regulation (EU) No 1303/2013 (for financial instruments referred to in Article 38(1)(b) only): fiduciary account opened in the name of the implementing body and on behalf of the managing authority or separate block of finance within a financial institution
III. Identification of the body implementing the financial instrument as referred to in Articles 38(1)(a), 38(4)(a), (b) and (c) of Regulation (EU) No 1303/2013, and the financial intermediaries referred to in Article 38(5) of Regulation (EU) No 1303/2013 (Article 46(2)(c) of Regulation (EU) No 1303/2013)
11	Body implementing the financial instrument
11.1	Type of implementing body pursuant to Article 38(4) of Regulation (EU) No 1303/2013: existing or newly created legal entity dedicated to implementing financial instruments; the European Investment Bank; the European Investment Fund; international financial institution in which a Member State is a shareholder; financial institution established in a Member State aiming at the achievement of public interest under the control of a public authority; a body governed by public or private law; managing authority undertaking implementation tasks directly (for loans or guarantees only)
11.1.1	Name of the body implementing the financial instrument
11.1.2	Official address/place of business (country and town name) of the body implementing the financial instrument
12	Procedure of selecting the body implementing the financial instrument: award of a public contract; other procedure
12.1	Description of the other procedure of selecting the body implementing the financial instrument
13	Date of signature of the funding agreement with the body implementing the financial instrument
IV. Total amount of programme contributions, by priority or measure, paid to the financial instrument and management costs incurred or management fees paid (Article 46(2)(d) and (e) of Regulation (EU) No 1303/2013)
14	Total amount of programme contributions committed in the funding agreement (in EUR)
14.1	out of which ESI Funds contributions (in EUR)
15	Total amount of programme contributions paid to the financial instrument (in EUR)
15.1	out of which amounts of ESI Funds contributions (in EUR)
15.1.1	out of which ERDF (in EUR)
15.1.2	out of which Cohesion Fund (in EUR)
15.1.3	out of which ESF (in EUR)
15.1.4	out of which EAFRD (in EUR)
15.1.5	out of which EMFF (in EUR)
15.2	out of which total amount of national co-financing (in EUR)
15.2.1	out of which total amount of national public funding (in EUR)
15.2.2	out of which total amount of national private funding (in EUR)
16	Total amount of programme contributions paid to the financial instrument under Youth Employment Initiative (YEI) (1) (in EUR)
17	Total amount of management costs and fees paid out of programme contributions (in EUR)
17.1	out of which base remuneration (in EUR)
17.2	out of which performance-based remuneration (in EUR)
18	Capitalised management costs or fees pursuant to Article 42(2) of Regulation (EU) No 1303/2013 (relevant only for final report) (in EUR)
19	Capitalised interest rate subsidies or guarantee fee subsidies pursuant to Article 42(1)(c) of Regulation (EU) No 1303/2013 (relevant for final report only) (in EUR)
20	Amount of programme contributions for follow-on investments in final recipients pursuant to Article 42(3) of Regulation (EU) No 1303/2013 (relevant for final report only) (in EUR)
21	Contributions of land and/or real estate in the financial instrument pursuant to Article 37(10) of Regulation (EU) No 1303/2013 (relevant for final report only) (in EUR)
V. Total amount of support paid to final recipients, or to the benefit of final recipients, or committed in guarantee contracts by the financial instrument for investments in final recipients, by ESI Funds programme and priority or measure (Article 46(2)(e) of Regulation (EU) No 1303/2013)
22	Name of each financial product offered by the financial instrument
23	Date of signature of the funding agreement for the financial product
24	Total amount of programme contributions committed in loans, guarantee equity, quasi-equity or other financial product contracts with final recipients (in EUR)
24.1	out of which total amount of ESI Funds contributions (in EUR)
25	Total amount of programme contributions paid to final recipients through loans, micro-loans, equity or other products, or, in the case of guarantees, committed for loans paid to final recipients, by product (in EUR)
25.1	out of which total amount of ESI Funds contributions (in EUR)
25.1.1	out of which ERDF (in EUR)
25.1.2	out of which Cohesion Fund (in EUR)
25.1.3	out of which ESF (in EUR)
25.1.4	out of which EAFRD (in EUR)
25.1.5	out of which EMFF (in EUR)
25.2	out of which total amount of national public co-financing (in EUR)
25.3	out of which total amount of national private co-financing (in EUR)
26	Total value of loans actually paid to final recipients in relation to the guarantee contracts signed (EUR)
27	Number of loan/guarantee/equity or quasi-equity/other financial product contracts signed with final recipients, by product
28	Number of loan/guarantee/equity or quasi equity/other financial product investments made in final recipients, by product
29	Number of final recipients supported by the financial product
29.1	out of which large enterprises
29.2	out of which SMEs
29.2.1	out of which microenterprises
29.3	out of which individuals
29.4	out of which other type of final recipients supported
29.4.1	description of other type of final recipients supported
VI. The performance of the financial instrument, including progress in its set-up and in selection of bodies implementing the financial instrument (including the body implementing a fund of funds) (Article 46(2)(f) of Regulation (EU) No 1303/2013)
30	Date of completion of the ex ante assessment
31	Selection of bodies implementing financial instrument
31.1	number of selection procedures already launched
31.2	number of funding agreements already signed
32	Information whether the financial instrument was still operational at the end of the reporting year
32.1	If the financial instrument was not operational at the end of the reporting year, date of the winding-up
33	Total number of disbursed loans defaulted or total number of guarantees provided and called due to the loan default
34	Total amount of disbursed loans defaulted (in EUR) or total amount committed for guarantees provided and called due to loan default (in EUR)
VII. Interest and other gains generated by support from the ESI Funds to the financial instrument, programme resources paid back to financial instrument from investments as referred to in Articles 43 and 44, and the value of equity investments with respect to previous years (Article 46(2)(g) and (i) of Regulation (EU) No 1303/2013)
35	Interest and other gains generated by payments from ESI Funds to the financial instrument (in EUR)
36	Amounts repaid to the financial instrument attributable to support from ESI Funds by the end of the reporting year (in EUR)
36.1	out of which capital repayments (in EUR)
36.2	out which gains, other earnings and yields (in EUR)
37	Amount of resources reused, which were paid back to the financial instrument and are attributable to ESI Funds
37.1	out of which amounts paid for preferential remuneration of private investors or public investors operating under the market economy principle who provide counterpart resources to the support from the ESI Funds to the financial instrument or who co-invest at the level of final recipient (in EUR)
37.2	out of which amounts paid for the reimbursement of management costs incurred and payment of management fees of the financial instrument (in EUR)
VIII. Progress in achieving the expected leverage effect of investments made by the financial instrument and value of investments and participations (Article 46(2)(h) of Regulation (EU) No 1303/2013)
38	Total amount of other contributions, outside ESI Funds, raised by the financial instrument (EUR)
38.1	Total amount of other contributions, outside ESI Funds committed in the funding agreement with the body implementing the financial instrument (in EUR)
38.2	Total amount of other contributions, outside ESI Funds paid to the financial instrument (in EUR)
38.2.1	out of which public contributions (EUR)
38.2.2	out of which private contributions (EUR)
38.3	Total amount of other contributions, outside ESI Funds mobilised at the level of final recipients (in EUR)
38.3.1	out of which public contributions (EUR)
38.3.2	out of which private contributions (EUR)
39	Expected and achieved leverage effect, by reference to the funding agreement
39.1	Expected leverage effect for loan/guarantee/equity or quasi-equity investment/other financial product, by reference to the funding agreement, by product
39.2	Achieved leverage effect at the end of the reporting year for loan/guarantee/equity or quasi-equity investment/other financial product, by product
40	Value of investments and participations, with respect to previous years (in EUR)
IX. Contribution of the financial instrument to the achievement of the indicators of the priority or measure concerned (Article 46(2)(j) of Regulation (EU) No 1303/2013)
41	Output indicator (code number and name) to which the financial instrument contributes
41.1	Target value of the output indicator
41.2	Value achieved by the financial instrument in relation to the target value of the output indicator

(1) This includes the YEI specific allocation and the matching ESF support.

ANNEX II

Graphic standards for creating the Union emblem and the definition of the standard colours

SYMBOLIC DESCRIPTION

Against a background of blue sky, twelve golden stars form a circle representing the union of the peoples of Europe. The number of stars is fixed, twelve being the symbol of perfection and unity.

HERALDIC DESCRIPTION

On an azure field a circle of twelve golden mullets, their points not touching.

GEOMETRIC DESCRIPTION

The emblem has the form of a blue rectangular flag of which the fly is one and a half times the length of the hoist. Twelve gold stars situated at equal intervals form an invisible circle whose center is the point of intersection of the diagonals of the rectangle. The radius of the circle is equal to one third of the height of the hoist. Each of the stars has five points which are situated on the circumference of an invisible circle whose radius is equal to one eighteenth of the height of the hoist. All the stars are upright, i.e. with one point vertical and two points in a straight line at right angles to the mast. The circle is arranged so that the stars appear in the position of the hours on the face of a clock. Their number is invariable.

REGULATION COLOURS

The emblem is in the following colours:

—	PANTONE REFLEX BLUE for the surface of the rectangle;

—	PANTONE YELLOW for the stars.

FOUR-COLOUR PROCESS

If the four-colour process is used, recreate the two standard colours by using the four colours of the four-colour process.

PANTONE YELLOW is obtained by using 100 % ‘Process Yellow’.

PANTONE REFLEX BLUE is obtained by mixing 100 % ‘Process Cyan’ and 80 % ‘Process Magenta’.

INTERNET

PANTONE REFLEX BLUE corresponds in the web-palette colour RGB:0/51/153 (hexadecimal: 003399) and PANTONE YELLOW corresponds in the web-palette colour RGB: 255/204/0 (hexadecimal: FFCC00).

MONOCHROME REPRODUCTION PROCESS

Using black, outline the rectangle in black and print the stars in black on white.

Using blue (Reflex Blue), use 100 % with the stars reproduced in negative white.

REPRODUCTION ON A COLOURED BACKGROUND

If there is no alternative to a coloured background, put a white border around the rectangle, the width of the border being 1/25th of the height of the rectangle.

29.7.2014

Official Journal of the European Union

L 223/19

COMMISSION IMPLEMENTING REGULATION (EU) No 822/2014

of 28 July 2014

on a derogation from Regulation (EEC) No 2454/93 as regards the rules of origin under the scheme of generalised tariff preferences in respect of bicycles produced in Cambodia regarding the use under cumulation of bicycle parts originating in Malaysia

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,

Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), and in particular Article 89(1)(b) thereof,

Whereas:

(1)	By Regulation (EU) No 978/2012 of the European Parliament and of the Council (3) applying a scheme of generalised tariff preferences from 1 January 2014, the Union granted generalised tariff preferences to Cambodia.

(2)

Commission Regulation (EEC) No 2454/93 (4) establishes the definition of the concept of originating products to be used for the purpose of the scheme of generalised tariff preferences (‘GSP’). That Regulation provides for the possibility to grant, in certain precisely defined circumstances, derogations from that definition in favour of GSP beneficiary countries. The regional cumulation provisions under Regulation (EEC) No 2454/93 were amended by Implementing Regulation (EU) No 530/2013, which clarified that regional cumulation can only apply in the same regional group to countries which, at the time of exportation to the Union, are beneficiaries of the GSP. These amendments by Implementing Regulation (EU) No 530/2013 apply from 1 January 2014.

(3)

On 15 May 2013, Cambodia submitted a request for a transition period according to which the Cambodian bicycle industry would continue to be entitled, for the purpose of determining the origin of bicycles of HS heading 8712 Cambodia exports to the Union, to consider parts originating in Malaysia and Singapore as materials originating in Cambodia by virtue of regional cumulation under the GSP scheme as of 1 January 2014, the date the amended regional cumulation provisions apply.

(4)	Cambodia has a growing bicycle industry, but the industry remains weak and has been relying heavily on the supply of parts originating in neighbouring countries that used to be GSP beneficiary countries and belonged to the same regional cumulation group, in particular Singapore and Malaysia.

(5)	By letter of 9 August 2013 the Commission requested Cambodia to submit further information. On 26 September 2013 Cambodia transmitted its answer to that request, as a result of which its application was considered as complete.

(6)

As of 1 January 2014, Singapore is no longer a GSP eligible nor GSP beneficiary country and thus the possibility of cumulation with the other countries of the regional cumulation Group I ceases to exist. As of 1 January 2014, Malaysia is no longer a GSP beneficiary country but remains on the list of GSP eligible countries.

(7)

As a consequence, from 1 January 2014, bicycle parts originating in Singapore and Malaysia cannot be considered as originating in Cambodia under regional cumulation, which prevents Cambodia from meeting the rule of origin applicable to least-developed countries for this product (HS heading 8712). Indeed, even though that rule allows for the use of up to 70 % of non-originating materials, the share of non-originating materials in certain bicycles assembled in Cambodia would exceed that limit.

(8)

Cambodia has presented in its submission to the Commission plans for encouraging bicycle part manufacturers to invest in the country over the next three years with a view to adapting its industry towards a greater independence in its supplies and the building-up of a local industry supplying originating materials for the manufacture of bicycles. Meanwhile, according to Cambodia, in order for the industry to remain viable in the short term, Cambodian manufacturers still need to rely on using bicycle parts under the rules on regional cumulation, for the purposes of exports to the Union under the GSP scheme.

(9)	Therefore, Cambodia requests a three-year derogation to give it sufficient time to prepare itself to comply with the rules for the acquisition of origin.

(10)

In the light of the explanations given by Cambodia, to allow it to genuinely consolidate a bicycle parts industry it is considered that an unlimited derogation is not necessary for Cambodia. A limitation of the quantities of bicycles originating in and exported from Cambodia under this derogation should thus be provided for, in the form of a quota whose quantities should decrease over the three years during which that derogation will be applicable. The quantities have been established on the basis of the models of bicycles for which the country needs the derogation for meeting the abovementioned 70 % threshold and should be managed in accordance with Regulation (EEC) No 2454/93.

(11)

In order to allow efficient monitoring of the operation of the derogation, it is necessary to lay down the obligation for the authorities of Cambodia to communicate regularly to the Commission details of the certificates of origin Form A which have been issued within the framework of the derogation.

(12)	The derogation should concern products of HS heading 8714 originating in Malaysia.

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

HAS ADOPTED THIS REGULATION:

Article 1

1. By way of derogation from point (i) of Article 86(2)(a) of Regulation (EEC) No 2454/93, Cambodia shall be entitled to use parts of bicycles of HS heading 8714 originating in Malaysia in accordance with the rules of origin in Part I, title IV, Chapter 2, Section 1 of Regulation (EEC) No 2454/93, under cumulation of origin for the production of bicycles of HS heading 8712.

2. The proofs of origin for these parts shall be drawn up in the same way as provided for in Part I, title IV, Chapter 2, Section 1A of Regulation (EEC) No 2454/93.

Article 2

The derogation provided for in Article 1 shall apply to bicycles of HS heading 8712 exported from Cambodia and declared for release for free circulation in the Union during the period from 29 July 2014 until 31 December 2016, up to the quantities listed in the Annex.

Article 3

The quantities set out in the Annex to this Regulation shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 4

Box 4 of certificates of origin Form A issued by the competent authorities of Cambodia pursuant to this Regulation shall bear the following endorsements:

‘Derogation — Commission Implementing Regulation (EU) No 822/2014’

The competent authorities of Cambodia shall forward to the Commission, by the end of the month following each civil quarter, a quarterly statement of the quantities in respect of which certificates of origin Form A have been issued pursuant to this Regulation and the serial numbers of those certificates.

Article 5

The competent authorities of Cambodia shall undertake to take all the necessary measures to ensure compliance with Articles 1 and 4 of this Regulation and to put in place and maintain any administrative structures and systems to ensure the correct implementation of this derogation and administrative cooperation, both with Malaysian authorities and Member States, as specified in Part I, title IV, Chapter 2, Section 1A of Regulation (EEC) No 2454/93.

Article 6

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

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

Done at Brussels, 28 July 2014.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 302, 19.10.1992, p. 1.

(2) OJ L 253, 11.10.1993, p. 1.

(3) OJ L 303, 31.10.2012, p. 1.

(4) As amended by Implementing Regulation (EU) No 530/2013 (OJ L 159, 11.6.2013, p. 1).

ANNEX

Order No

CN Code

Description of goods

Year

Quantities (in units)

09.8094

8712

Bicycles and other cycles (including delivery tricycles), not motorised

2014 (1)

2015

2016

400 000

300 000

150 000

(1) As of 29 July 2014.

29.7.2014

Official Journal of the European Union

L 223/25

COMMISSION IMPLEMENTING DECISION

of 25 July 2014

implementing Decision No 1082/2013/EU of the European Parliament and of the Council with regard to the template for providing the information on preparedness and response planning in relation to serious cross-border threats to health

(notified under document C(2014) 5180)

(Text with EEA relevance)

(2014/504/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross border threats to health and repealing Decision No 2119/98/EC (1), and in particular Article 4(6) thereof,

Whereas:

(1)	Decision No 1082/2013/EU lays down mechanisms and structures for coordinating responses to serious cross-border threats to health, including preparedness and response planning related to such responses.

(2)

Pursuant to Article 4(1) of Decision No 1082/2013/EU, Member States and the Commission are to consult each other within the Health Security Committee (HSC) in relation to preparedness and response planning with a view to sharing best practice and experience, promoting interoperability of national preparedness planning, addressing the intersectoral dimension at Union level, and supporting the implementation of core capacity requirements for surveillance and response as referred to by the International Health Regulations (2005) (IHR).

(3)	Article 4(2) of Decision No 1082/2013/EU lays down the information on preparedness and response planning at national level and stipulates that Member States are to provide this information to the Commission by 7 November 2014 and then every three years thereafter.

(4)	Pursuant to Article 4(3) of Decision No 1082/2013/EU, Member States are to inform the Commission on substantial revisions of their national preparedness and response planning.

(5)

Pursuant to Article 4(5) of Decision No 1082/2013/EU, the Commission is to analyse the information received from the Member States in accordance with Article 4(2) and (3) and to prepare a synthesis or thematic progress report. For the purpose of Article 4(1), the Commission is to initiate discussion in the HSC, in a timely manner, and, where appropriate, on the basis of this report.

(6)

Pursuant to Article 4(6) of Decision No 1082/2013/EU, the Commission is to adopt by means of implementing acts templates to be used by Member States when providing the information on their preparedness and response planning, as referred to in Article 4(2) and (3) in order to ensure its relevance to the objectives identified in Article 4(1) and its comparability.

(7)

In order to avoid duplicate reporting, the information already provided by Member States to the World Health Organisation (WHO) in relation to implementation of the core capacities for preparedness and response planning should be used for the purpose of reporting in accordance with Article 4(2)(a) of Decision No 1082/2013/EU.

(8)	The measures provided for in this Decision are in accordance with the opinion of the Committee on serious cross-border threats to health,

HAS ADOPTED THIS DECISION:

Article 1

Annex to this Decision sets out the template to be used by the Member States when providing the information on their preparedness and response planning in relation to serious cross border threats to health according to Article 4(2) and (3) of Decision No 1082/2013/EU.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 25 July 2014.

For the Commission

Tonio BORG

Member of the Commission

(1) OJ L 293, 5.11.2013, p. 1.

ANNEX

Template to be used by the Member States for providing the information on preparedness and response planning in relation to serious cross border threats to health

Country:

Name and address of contact point:

Date:

It is at the discretion of the Member States to select the appropriate contact point to reply to the questions raised below. It would, however, be useful if the answers could be provided in collaboration with the national contact point for the implementation of the International Health Regulations (IHR). All questions should be completed. For each question please mark only one appropriate value (yes, no, not applicable or not known) if such a choice is given, or provide brief explanatory text if the question requires an open response. If a question is not applicable for your country context, please indicate this in the comment box provided at the end of each section along with the reason why it is not applicable. In line with Article 4(2)(b) and (c) of Decision No 1082/2013/EU the obligation to provide information requested in Chapters II (Interoperability) and III (Business continuity) shall only apply if such measures or arrangements are in place or are provided for as part of national preparedness and response planning.

I. Implementation of IHR core capacities as referred to in Article 4(2)(a) of Decision No 1082/2013/EU

1	Please provide a copy of your latest reply to the WHO Questionnaire for Monitoring Progress in the Implementation of the IHR Core Capacities in States Parties, and if possible the country profile report compiled by the WHO. In addition, please provide the following information:
2.1	Have you now completed your implementation of the IHR core capacities?	yes	no

2.2	If no what was the reason?

3	Please present — where you consider appropriate — your ideas what action the Commission, the EU agencies or Member States should take to ensure that the WHO core capacities are maintained and strengthened in the future.

4	Please list — where you consider appropriate — any comments or clarifications to the questions above and if considered necessary list any relevant activities that your country has conducted which are not reflected in this questionnaire (additional pages may be attached if necessary).

II. Interoperability between the health sector and other sectors as referred to in Article 4(2)(b) of Decision No 1082/2013/EU

In line with Article 4(2) of Decision No 1082/2013/EU the obligation to provide information shall only apply if such measures or arrangements are in place or are provided for as part of national preparedness and response planning.

National coordination structures for cross-sectoral incidents as referred to in Article 4(2)(b)(i) of Decision No 1082/2013/EU are understood as structures empowered with strategic administrative and policy making functions, in particular with regard to chain of command. This could be a body, committee or a task force. National emergency operational centres as referred to in Article 4(2)(b)(ii) of Decision No 1082/2013/EU are understood as operational structures and/or arrangements aiming at providing logistical functions and tools, in particular with regard to communication, in the event of emerging serious cross-border threats to health.

5.1

Are other sectors involved in the preparedness and response planning activities of the health sector?

yes

not applicable

not known

5.2

If yes, for which types of threats falling under the scope of Decision 1082/2013/EU?

5.2.1

threats of biological origin, consisting of:

5.2.1.1

communicable diseases, please specify further if possible, for example

—	foodborne diseases

—	oonotic diseases

—	waterborne diseases

—	other communicable diseases, please specify

5.2.1.2

antimicrobial resistance and healthcare-associated infections related to communicable diseases

5.2.1.3

biotoxins or other harmful biological agents not related to communicable diseases

5.2.2

threats of chemical origin

5.2.3

threats of environmental origin

5.2.4

threats of unknown origin

5.2.5

events which may constitute or have been declared public health emergencies of international concern under the IHR, provided they fall under the categories above

	6	Which of the following sectors does your country identify as critical in case of an emergency associated with a serious cross-border threat to health?				7	Are Standard Operating Procedures (SOP) available for coordination of the health sector with any of the following sectors?
		yes	no	not applicable	not known		yes	no	not known
energy	6.1					7.1
information communication technology	6.2					7.2
transport	6.3					7.3
water for healthcare facilities, pharmaceutical operations, sanitation services	6.4					7.4
agriculture including the veterinary sector	6.5					7.5
food safety	6.6					7.6
food supply	6.7					7.7
chemical industry	6.8					7.8
industry providing pharmaceuticals and other consumables for the healthcare sector	6.9					7.9
security and emergencies police, fire services and ambulance services	6.10					7.10
local environmental services	6.11					7.11
funeral services	6.12					7.12
military	6.13					7.13
civil protection	6.14					7.14
administration and government units	6.15					7.15
scientific facilities	6.16					7.16
cultural and media facilities	6.17					7.17
voluntary sector	6.18					7.18
other sectors, please specify
	6.19					7.19

8.1	Which are the critical sectors for which the health sector in your country has no coordination arrangements in place? (reply optional)

8.2	Which are the priority sectors for which coordination with the health sector should be improved? Please list in the order of priority. (reply optional)

9.1	Please describe the arrangements for strategic coordination structures (national law or SOPs) in place now aimed at ensuring interoperability between the health sector and other sectors including the veterinary sector that are identified as being critical in the case of an emergency. Please list the sectors covered by these coordination structures.

9.2	How is the national representation in the Health Security Committee linked to the structure(s)?

10	Please describe the arrangements for operational centres (crisis centres) (national law or SOPs)in place aimed at ensuring interoperability between the health sector and other sectors including the veterinary sector that are identified as being critical in the case of an emergency. Please list the sectors covered by these coordination structures.

11	Has the interoperability between the health sector and other sectors been tested at national level?	yes	no	not known

12	Please list — where you consider appropriate — any comments or clarifications to the questions above and list any relevant activities that your country has conducted (for example either through exercises or triggered by real events) (additional pages may be attached if necessary):

III. Business continuity planning as referred to in Article 4(2)(c) of Decision No 1082/2013/EU

Business continuity planning refers to the management processes and integrated plans that maintain the continuity of an organisation's critical processes — those processes which enable a business to deliver critical services or products — in the case of a disruptive event. Business continuity encompasses all aspects of an organisation that play a role in sustaining critical processes, namely: people, premises, suppliers, technologies, data, etc. A business impact analysis (BIA) predicts the consequences of disruption of a business function and process and gathers information needed to develop recovery strategies.

13.1	Are there national business continuity plans in place aimed at ensuring the continuous delivery of critical services and products in the event of an emergency associated with serious cross-border threats to health as defined by Decision 1082/2013/EU?			yes	no	not known
13.1
13.2	Are these national business continuity plans generic (see question 14) or specific (see question 15)?

14.1	Which health services do the generic plans address? Please indicate below.			yes	no	not known
14.1.1	primary health service
14.1.2	hospitals
14.1.3	other services, please specify

14.2	If yes, which non-health sectors considered critical do these plans address?
14.2.1	energy
14.2.2	information communication technology
14.2.3	transport
14.2.4	water for healthcare facilities, pharmaceutical operations, sanitation services
14.2.5	agriculture including the veterinary sector
14.2.6	food safety
14.2.7	food supply
14.2.8	chemical industry
14.2.9	industry providing pharmaceuticals and other consumables for the healthcare sector
14.2.10	security and emergencies police, fire services and ambulance services
14.2.11	local environmental services
14.2.12	funeral services
14.2.13	military
14.2.14	civil protection
14.2.15	administration and government units
14.2.16	scientific facilities
14.2.17	cultural and media facilities
14.2.18	voluntary sector
14.2.19	other sectors, please specify

14.3	If yes, which of the following elements are included?	yes	If yes, please describe		no	not known
14.3.1	business impact analysis
14.3.2	prioritisation of critical services and functions through risk assessment to benefit from medical interventions
14.3.3	training, exercising, evaluating, updating, validating
14.3.4	identification of the personnel vital to maintain critical functions,dealing with staff absenteeism to minimise its impact on critical functions
14.3.5	providing clear command structures, delegations of authority and orders of succession
14.3.6	assessing the need to stockpile strategic reserves of supplies, material and equipment
14.3.7	identification of units, departments or services that could be downsized or closed
14.3.8	assigning and training alternative staff for critical posts
14.3.9	considering and testing ways of reducing societal disruption (e.g. telecommuting or working from home and reducing the number of physical meetings and travel)
14.3.10	planning for the need for social services support for essential workers
14.3.11	planning for the need for psychosocial support services to help workers remain effective
14.3.12	planning for the recovery phase
14.3.13	other element(s), please specify

15.1	Which specific serious cross-border threats to health do the specific plans address? Please indicate below in accordance with Article 2 of Decision 1082/2013/EU.

15.2	Which health services do these plans address? Please indicate below			yes	no	not known
15.2.1	primary health service
15.2.2	hospitals
15.2.3	other services, please specify

15.3	If yes, which non-health sectors considered critical do these plans address?
15.3.1	energy
15.3.2	information communication technology
15.3.3	transport
15.3.4	water for healthcare facilities, pharmaceutical operations, sanitation services
15.3.5	agriculture including the veterinary sector
15.3.6	food safety
15.3.7	food supply
15.3.8	chemical industry
15.3.9	industry providing pharmaceuticals and other consumables for the healthcare sector
15.3.10	security and emergencies police, fire services and ambulance services
15.3.11	local environmental services
15.3.12	funeral services
15.3.13	military
15.3.14	civil protection
15.3.15	administration and government units
15.3.16	scientific facilities
15.3.17	cultural and media facilities
15.3.18	voluntary sector
15.3.19	other sectors, please specify

15.4	If yes, which of the following elements are included?	yes	If yes, please describe		no	not known
15.4.1	business impact analysis
15.4.2	prioritisation of critical services and functions through risk assessment to benefit from medical interventions
15.4.3	training, exercising, evaluating, updating, validating
15.4.4	identification of the personnel vital to maintain critical functions,dealing with staff absenteeism to minimise its impact on critical functions
15.4.5	providing clear command structures, delegations of authority and orders of succession
15.4.6	assessing the need to stockpile strategic reserves of supplies, material and equipment
15.4.7	identification of units, departments or services that could be downsized or closed
15.4.8	assigning and training alternative staff for critical posts
15.4.9	considering and testing ways of reducing societal disruption (e.g. telecommuting or working from home and reducing the number of physical meetings and travel)
15.4.10	planning for the need for social services support for essential workers
15.4.11	planning for the need for psychosocial support services to help workers remain effective
15.4.12	planning for the recovery phase
15.4.13	other element(s), please specify

16	Are there business continuity plans for Points of Entry as referred to in the IHR?			yes	no	not known
16
17	Please list — where you consider appropriate — any comments or clarifications to the questions above and list any relevant activities that your country has conducted (additional pages may be attached if necessary):

IV. Revisions of national preparedness planning as referred to in Article 4(3) of Decision No 1082/2013/EU

The main purpose of this chapter is to obtain information on the state of play in the Member States. In accordance with Article 4(3) Member States are, however, to provide information by use of this template whenever substantially revising national preparedness planning at their own initiative and independently of any request by the Commission.

18.1	When have you made substantial revisions to your national preparedness planning?
	Please submit details of substantial changes in the format provided under Chapters I, II and III of this Annex.

		ISSN 1977-0677
Official Journal of the European Union		L 223

English edition	Legislation	Volume 57 29 July 2014

Contents		II Non-legislative acts	page
		REGULATIONS
	*	Commission Regulation (EU) No 818/2014 of 24 July 2014 establishing a prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of a Member State of the European Union	1
	*	Commission Regulation (EU) No 819/2014 of 24 July 2014 establishing a prohibition of fishing for ling in Union and international waters of I and II by vessels flying the flag of France	3
	*	Commission Regulation (EU) No 820/2014 of 24 July 2014 establishing a prohibition of fishing for ling in Union and international waters of V by vessels flying the flag of France	5
	*	Commission Implementing Regulation (EU) No 821/2014 of 28 July 2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information and communication measures for operations and the system to record and store data	7
	*	Commission Implementing Regulation (EU) No 822/2014 of 28 July 2014 on a derogation from Regulation (EEC) No 2454/93 as regards the rules of origin under the scheme of generalised tariff preferences in respect of bicycles produced in Cambodia regarding the use under cumulation of bicycle parts originating in Malaysia	19
		Commission Implementing Regulation (EU) No 823/2014 of 28 July 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables	22
		DECISIONS
		2014/504/EU
	*	Commission Implementing Decision of 25 July 2014 implementing Decision No 1082/2013/EU of the European Parliament and of the Council with regard to the template for providing the information on preparedness and response planning in relation to serious cross-border threats to health (notified under document C(2014) 5180) ( 1 )	25

No	18/TQ43
Member State	European Union (All Member States)
Stock	RED/N3M
Species	Redfish (Sebastes spp)
Zone	NAFO 3M
Closing date	10.7.2014

No	16/TQ43
Member State	France
Stock	LIN/1/2.
Species	Ling (Molva molva)
Zone	Union and international waters of I and II
Closing date	7.7.2014

No	17/TQ43
Member State	France
Stock	LIN/05EI.
Species	Ling (Molva molva)
Zone	Union and international waters of V
Closing date	7.7.2014

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	TR	44,1
	XS	56,8
	ZZ	50,5
0707 00 05	MK	65,0
	TR	81,4
	ZZ	73,2
0709 93 10	TR	94,7
0709 93 10	ZZ	94,7
0805 50 10	AR	123,5
	BO	98,4
	CL	153,3
	NZ	145,2
	TR	74,0
	UY	114,6
	ZA	133,9
	ZZ	120,4
0806 10 10	BR	154,3
	CL	81,7
	EG	159,6
	MA	154,4
	TR	152,4
	ZZ	140,5
0808 10 80	AR	93,9
	BR	111,9
	CL	115,4
	NZ	130,3
	US	159,4
	ZA	116,6
	ZZ	121,3
0808 30 90	AR	71,8
	CL	81,4
	NZ	177,1
	ZA	90,3
	ZZ	105,2
0809 10 00	MK	106,1
	TR	240,9
	XS	111,2
	ZZ	152,7
0809 29 00	CA	664,5
	TR	290,5
	US	344,6
	ZZ	433,2
0809 30	MK	72,6
	TR	139,3
	ZZ	106,0
0809 40 05	BA	55,3
	MK	53,5
	TR	141,2
	ZZ	83,3