ISSN 1977-0677 |
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Official Journal of the European Union |
L 70 |
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English edition |
Legislation |
Volume 58 |
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II Non-legislative acts |
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Commission Implementing Regulation (EU) 2015/429 of 13 March 2015 setting out the modalities to be followed for the application of the charging for the cost of noise effects ( 1 ) |
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DECISIONS |
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Corrigenda |
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(1) Text with EEA relevance |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
14.3.2015 |
EN |
Official Journal of the European Union |
L 70/1 |
COUNCIL IMPLEMENTING REGULATION (EU) 2015/427
of 13 March 2015
implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 14(1) and (3) thereof.
Whereas:
(1) |
On 17 March 2014, the Council adopted Regulation (EU) No 269/2014. |
(2) |
On the basis of a review by the Council, the entries in the Annex for fifty persons should be amended, and the entry for one deceased person should be deleted. |
(3) |
Annex I to Regulation (EU) No 269/2014 should be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EU) No 269/2014 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 March 2015.
For the Council
The President
A. MATĪSS
ANNEX
1. |
The entry set out in Annex I to Regulation (EU) No 269/2014 concerning the person listed below is deleted:
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2. |
The entries set out in Annex I to Regulation (EU) No 269/2014 concerning the persons listed below are replaced by the following entries:
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14.3.2015 |
EN |
Official Journal of the European Union |
L 70/12 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/428
of 10 March 2015
amending Regulation (EEC) No 2454/93 and Regulation (EU) No 1063/2010 as regards the rules of origin relating to the scheme of generalised tariff preferences and preferential tariff measures for certain countries or territories
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the 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,
Whereas:
(1) |
Commission Regulation (EEC) No 2454/93 (2), as amended by Regulation (EU) No 1063/2010 (3) and Implementing Regulation (EU) No 530/2013 (4), provided for a reform of the way in which the origin of goods is certified for the purposes of the Union's scheme of generalised tariff preferences (‘GSP’). The reform introduced a system of self-certification of origin of goods by exporters registered for that purpose by the beneficiary countries or by the Member States, the implementation of which was deferred until 1 January 2017. The underlying principle behind the reform is that, since exporters are in the best position to know the origin of their products, it is appropriate to require that they directly provide their customers with statements on origin. In order to allow beneficiary countries and Member States to register exporters, the Commission is to establish an electronic system of registered exporters (‘the REX system’). |
(2) |
Further requirements of the REX system have been clarified. Those requirements make it necessary to modify a number of provisions relating to GSP rules of origin. |
(3) |
Norway and Switzerland also grant unilateral tariff preferences to imports from beneficiary countries. In the course of the discussions held by the Commission with Norway and Switzerland in accordance with the authorisation the Commission received from the Council to re-negotiate with those two countries the existing agreements (5) regarding the mutual acceptance of replacement proofs of origin and the extension of bilateral cumulation to materials originating in Norway and Switzerland, it has been agreed that Norway and Switzerland are also to apply the registered exporter system and to use the REX system. The same possibility should be offered to Turkey once that country fulfils certain conditions laid down in Regulation (EEC) No 2454/93. The necessary adjustments should therefore be introduced in order to ensure the proper functioning of the cooperation between the Union, Norway, Switzerland and Turkey. |
(4) |
An importer using a statement on origin should be able to verify the validity of the registered exporter number of the registered exporter who made it out. Therefore, the data of the REX system should be published on a public website. |
(5) |
The existing rules concerning the registered exporters system are to become applicable on 1 January 2017. In order to avoid that those rules are affected at the stage of their implementation, the modifications introduced by this Regulation should become applicable before that date. |
(6) |
Under the existing rules, only exporters in beneficiary countries and in the Union are eligible for registration. As Norway and Switzerland as well as Turkey, once that country fulfils certain conditions, are to apply the registered exporters system, their exporters should also have the possibility to be registered in order to be entitled to make out statements on origin in the context of bilateral cumulation or to make out replacement statements on origin in the context of the re-consignment of goods. |
(7) |
The current rules concerning the time limits for the setting-up of the REX system do not sufficiently take into account the capacity of beneficiary countries to manage the registration procedure and to implement the system as of 2017. Therefore, transitional measures and a phasing-in approach until 31 December 2019 with a possible extension period of six months should be provided for. From 30 June 2020, to be entitled to the GSP preferential tariff treatment, all consignments containing originating products the total value of which exceeds EUR 6 000 will have to be accompanied by a statement on origin made out by a registered exporter. |
(8) |
The Commission, the competent authorities of beneficiary countries and the customs authorities of the Member States as well as of Norway, Switzerland and Turkey, once that country fulfils certain conditions, need to have access to the data registered in the system. In order to ensure proper protection of personal data, detailed rules concerning in particular the scope of access to and the purpose of processing of those data, as well as the right of exporters to obtain modification, erasure or blocking of those data, should be set out. |
(9) |
This Regulation should in no way affect the level of protection of individuals with regard to the processing of data under the provisions of Directive 95/46/EC of the European Parliament and of the Council (6) and national law implementing that Directive and, in particular, does not alter either the obligations of Member States relating to their processing of data under Directive 95/46/EC or the obligations of the Union institutions and bodies relating to their processing of data under Regulation (EC) No 45/2001 of the European Parliament and of the Council (7) when fulfilling their responsibilities. |
(10) |
The data retention period for data relating to a registered exporter whose registration is revoked should be determined, taking account of the actual need for retaining such data and the retention period already set out in the laws of the Member States. |
(11) |
The rules concerning the splitting of consignments should be adjusted so as to clarify that the splitting of consignments may only take place where carried out by exporters or under their responsibility. |
(12) |
The conditions for the retrospective issuing of certificates of origin Form A should provide for the additional case where the final destination of the products is determined during the transportation or storage of the products and after possible splitting. |
(13) |
As the status of some countries under the GSP Scheme changed on 1 January 2015 from that of beneficiary country to that of eligible country, the competent authorities of those countries will no longer be able to issue Form A certificates for goods originating in another country of the same regional group which is still a beneficiary country, as they used to in accordance with second and third subparagraphs of Article 86(4). In order to allow exporters of goods from beneficiary countries to continue to transport their goods via their regular trade routes through the countries having changed their status without interruption during the period from 1 January 2015 until the entry into force of this Regulation, the amendments to the rules concerning retrospective issuing of certificates Form A should apply with retroactive effect from 1 January 2015. |
(14) |
The current rules, procedures and methods of administrative cooperation applicable until the registered exporter system is applied stipulate that exporting beneficiary countries shall, on their own initiative or at the request of the customs authorities of Member States, carry out appropriate inquiries if the verification procedure or any other available information appears to indicate that the rules of origin are being contravened. The same obligation should continue to be applicable after the registered exporter system is applied. |
(15) |
In order to ensure legal certainty, the transitional rules concerning the application of the system of self-certification of origin by registered exporters currently set out in the amending Regulation (EU) No 1063/2010 should be incorporated directly into Regulation (EEC) No 2454/93. |
(16) |
A new heading of the Harmonised Commodity Description and Coding System with its rules should be introduced into Part II of Annex 13a so as to take account of apparels not knitted or crocheted (heading 62) but having knitted or crocheted parts. |
(17) |
Following the addition of Spanish to the languages in which a statement on origin may be made out, Annex 13d referred to in Article 95(3) of Regulation (EEC) No 2454/93 should be amended by adding a Spanish version of the statement on origin. |
(18) |
Annex 17 should be amended in order to introduce a tolerance in width up to which certificates of origin Form A may not comply with measurement requirements. At the same time, the list of countries which accept certificates of origin Form A for the purpose of the Union's scheme of generalised tariff preferences should be amended by adding Croatia. |
(19) |
Article 109 should be supplemented by a provision concerning the endorsement of Box 7 of movement certificate EUR.1 and invoice declarations, which should contain additional indications clarifying the legal framework under which such proofs are issued or made out. |
(20) |
Regulation (EEC) No 2454/93 should therefore be amended accordingly. |
(21) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2454/93 is amended as follows:
(1) |
Article 66a is added as follows: ‘Article 66a 1. Articles 68 to 71, 90 to 97j shall apply from the date of application of the system of self-certification of origin by registered exporters (“the registered exporter system”) by beneficiary countries and Member States. 2. Articles 97k to 97w shall apply as long as beneficiary countries and Member States issue certificates of origin Form A and movement certificates EUR.1, respectively, or their exporters make out invoice declarations, in accordance with Articles 91 and 91a.’ |
(2) |
Article 67 is amended as follows:
|
(3) |
In Article 68, paragraph 3 is replaced by the following: ‘3. The beneficiary countries shall submit the undertaking referred to in paragraph 1 to the Commission at least three months before the date on which they intend to start the registration of exporters.’ |
(4) |
Article 69 is replaced by the following: ‘Article 69 1. Beneficiary countries shall notify the Commission of the authorities situated in their territory which are:
They shall notify the Commission of the names and addresses and contact details of those authorities. The notification shall be sent to the Commission at the latest three months before the date on which the beneficiary countries intend to start the registration of exporters. Beneficiary countries shall inform the Commission immediately of any changes to the information notified under the first subparagraph. 2. Member States shall notify the Commission of the names, addresses and contact details of their customs authorities which are:
The notification shall be sent to the Commission by 30 September 2016. Member States shall inform the Commission immediately of any changes to the information notified under the first subparagraph.’ |
(5) |
The following Articles 69a, 69b and 69c are inserted: ‘Article 69a 1. The Commission shall set up the REX system and make it available by 1 January 2017. 2. The competent authorities of beneficiary countries and the customs authorities of Member States shall upon receipt of the complete application form referred to in Annex 13c assign without delay the number of registered exporter to the exporter or, where appropriate, the re-consignor of goods and enter into the REX system the number of registered exporter, the registration data and the date from which the registration is valid in accordance with Article 92(5). Where the competent authorities consider that the information provided in the application is incomplete, they shall inform the exporter thereof without delay. The competent authorities of beneficiary countries and the customs authorities of Member States shall keep the data registered by them up-to-date. They shall modify those data immediately after having been informed by the registered exporter in accordance with Article 93. Article 69b 1. The Commission shall ensure that access to the REX system is given in accordance with this Article. 2. The Commission shall have access to consult all the data. 3. The competent authorities of a beneficiary country shall have access to consult the data concerning exporters registered by them. 4. The customs authorities of the Member States shall have access to consult the data registered by them, by the customs authorities of other Member States and by the competent authorities of beneficiary countries as well as by Norway, Switzerland and Turkey. This access to the data shall take place for the purpose of carrying out verifications of declarations under Article 68 of the Code or examinations of declarations under Article 78(2) of the Code. 5. The Commission shall provide secure access to the REX system to the competent authorities of beneficiary countries. To the extent that by the agreement referred to in Article 97g Norway and Switzerland have agreed with the Union to share the REX system, the Commission shall provide secure access to the REX system to the customs authorities of these countries. A secure access to the REX system shall also be provided to Turkey once that country fulfils certain conditions. 6. Where a country or territory has been removed from Annex II to Regulation (EU) No 978/2012, the competent authorities of the beneficiary country shall keep the access to the REX system as long as required in order to enable them to comply with their obligations under Article 71. 7. The Commission shall make the following data available to the public with the consent given by the exporter by signing box 6 of the form set out in Annex 13c:
The refusal to sign box 6 shall not constitute a ground for refusing to register the exporter. 8. The Commission shall always make the following data available to the public:
Article 69c 1. The data registered in the REX system shall be processed solely for the purpose of the application of the scheme as set out in this section. 2. Registered exporters shall be provided with the information laid down in Article 11(1)(a) to (e) of Regulation (EC) No 45/2001 or Article 10 of Directive 95/46/EC. In addition, they shall also be provided with the following information:
Registered exporters shall be provided with that information via a notice attached to the application to become a registered exporter as set out in Annex 13c. 3. Each competent authority in a beneficiary country referred to in Article 69(1)(a) and each customs authority in a Member State referred to in Article 69(2)(a) that has introduced data into the REX system shall be considered the controller with respect to the processing of those data. The Commission shall be considered as a joint controller with respect to the processing of all data to guarantee that the registered exporter will obtain his rights. 4. The rights of registered exporters with regard to the processing of data which is stored in the REX system listed in Annex 13c and processed in national systems shall be exercised in accordance with the data protection legislation implementing Directive 95/46/EC of the Member State which is storing their data. 5. Member States who replicate in their national systems the data of the REX system they have access to shall keep the replicated data up-to-date. 6. The rights of registered exporters with regard to the processing of their registration data by the Commission shall be exercised in accordance with Regulation (EC) No 45/2001. 7. Any request by a registered exporter to exercise the right of access, rectification, erasure or blocking of data in accordance with Regulation (EC) No 45/2001 shall be submitted to and processed by the controller of data. Where a registered exporter has submitted such a request to the Commission without having tried to obtain his rights from the controller of data, the Commission shall forward that request to the controller of data of the registered exporter. If the registered exporter fails to obtain his rights from the controller of data, the registered exporter shall submit such request to the Commission acting as controller. The Commission shall have the right to rectify, erase or block the data. 8. The national supervisory data protection authorities and the European Data Protection Supervisor, each acting within the scope of their respective competence, shall cooperate and ensure coordinated supervision of the registration data. They shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems with the exercise of independent supervision or in the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.’ |
(6) |
Articles 70 and 71 are replaced by the following: ‘Article 70 The Commission will publish on its website the dates on which beneficiary countries start applying the registered exporter system. The Commission will keep the information up-to-date. Article 71 Where a country or territory has been removed from Annex II to Regulation (EU) No 978/2012, the obligation to provide administrative cooperation laid down in Articles 69, 69a, 86(10) and 97g shall continue to apply to that country or territory for a period of three years from the date of its removal from that annex.’ |
(7) |
Article 74 is replaced by the following: ‘Article 74 1. The products declared for release for free circulation in the European Union shall be the same products as exported from the beneficiary country in which they are considered to originate. They shall not have been altered, transformed in any way or subjected to operations other than operations to preserve them in good condition or the adding or affixing of marks, labels, seals or any other documentation to ensure compliance with specific domestic requirements applicable in the Union, prior to being declared for release for free circulation. 2. The products imported into a beneficiary country for the purpose of cumulation under Articles 84, 85 or 86 shall be the same products as exported from the country in which they are considered to originate. They shall not have been altered, transformed in any way or subjected to operations other than operations to preserve them in good condition, prior to being declared for the relevant customs procedure in the country of imports. 3. Storage of products may take place provided they remain under customs supervision in the country or countries of transit. 4. The splitting of consignments may take place where carried out by the exporter or under his responsibility, provided the goods concerned remain under customs supervision in the country or countries of transit. 5. Compliance with paragraphs 1 to 4 shall be considered as satisfied unless the customs authorities have reason to believe the contrary; in such cases, the customs authorities may request the declarant to provide evidence of compliance, which may be given by any means, including contractual transport documents such as bills of lading or factual or concrete evidence based on marking or numbering of packages or any evidence related to the goods themselves.’ |
(8) |
In Article 84, the following is added as a second subparagraph: ‘Subsections 2 and 7 shall apply mutatis mutandis to exports from the Union to a beneficiary country for the purposes of bilateral cumulation.’ |
(9) |
Article 86 is amended as follows:
|
(10) |
In Article 88, paragraph 1 is deleted. |
(11) |
In Part I, Title IV, Chapter 2, Section 1, the title of Subsection 5 is replaced by the following:
Procedures at export in the beneficiary country and in the European Union applicable from the date of the application of the registered exporter system’ |
(12) |
Articles 90 to 95 are replaced by the following: ‘Article 90 1. The scheme shall apply in the following cases:
2. The value of originating products in a consignment is the value of all originating products within one consignment covered by a statement on origin made out in the country of exportation. Article 91 1. Beneficiary countries shall start the registration of exporters on 1 January 2017. However, where the beneficiary country is not in a position to start registration on that date, it shall notify the Commission in writing by 1 July 2016 that it postpones the registration of exporters until 1 January 2018 or 1 January 2019. 2. During a period of 12 months following the date on which the beneficiary country starts the registration of exporters, the competent authorities of that beneficiary country shall continue to issue certificates of origin Form A at the request of exporters who are not yet registered at the time of requesting the certificate. Without prejudice to Article 97k(5), certificates of origin Form A issued in accordance with the first subparagraph of this paragraph shall be admissible in the Union as proof of origin if they are issued before the date of registration of the exporter concerned. The competent authorities of a beneficiary country experiencing difficulties in completing the registration process within the above 12-month period may request its extension to the Commission. Such extensions shall not exceed six months. 3. Exporters in a beneficiary country, registered or not, shall make out statements on origin for originating products consigned, where the total value thereof does not exceed EUR 6 000, as of the date from which the beneficiary country intends to start the registration of exporters. Exporters, once registered, shall make out statements on origin for originating products consigned, where the total value thereof exceeds EUR 6 000, as of the date from which their registration is valid in accordance with Article 92(5). 4. All beneficiary countries shall apply the registered exporter system as of 30 June 2020 at the latest. Article 91a 1. On 1 January 2017, the customs authorities of Member States shall start the registration of exporters and re-consignors of goods established in their territories. 2. As of 1 January 2018, the customs authorities in all Member States shall cease to issue movement certificates EUR.1 for the purpose of cumulation under Article 84. 3. Until 31 December 2017, the customs authorities of Member States shall issue movement certificates EUR.1 or replacement certificates of origin Form A at the request of exporters or re-consignors of goods who are not yet registered. This shall also apply if the originating products sent to the Union are accompanied by statements on origin made out by a registered exporter in a beneficiary country. 4. Exporters in the Union, registered or not, shall make out statements on origin for originating products consigned, where the total value thereof does not exceed EUR 6 000, as from 1 January 2017. Exporters, once registered, shall make out statements on origin for originating products consigned, where the total value thereof exceeds EUR 6 000, as of the date on which their registration is valid in accordance with Article 92(5). 5. Re-consignors of goods who are registered may make out replacement statements on origin from the date from which their registration is valid in accordance with Article 92(5). This shall apply regardless of whether the goods are accompanied by a certificate of origin Form A issued in the beneficiary country or an invoice declaration or a statement on origin made out by the exporter. Article 92 1. To become a registered exporter, an exporter shall lodge an application with the competent authority of the beneficiary country from which the goods are intended to be exported and where the goods are considered to originate or have undertaken a processing considered as not fulfilling the conditions of Article 86(4) first subparagraph or Article 86(6)(a). The application shall be submitted using the form set out in Annex 13c and shall contain all the information requested therein. 2. To become a registered exporter, an exporter or a re-consignor of goods established in a Member State shall lodge an application with the customs authorities of that Member State, using the form set out in Annex 13c. 3. Exporters shall be communally registered for the purposes of exports under the generalised scheme of preferences of the Union, Norway and Switzerland as well as Turkey, once that country fulfils certain conditions. A registered exporter number shall be assigned to the exporter by the competent authorities of the beneficiary country with a view to exporting under GSP schemes of the Union, Norway and Switzerland as well as Turkey, once that country fulfils certain conditions, to the extent that those countries have recognised the country where the registration has taken place as a beneficiary country. 4. The application to become a registered exporter shall contain all the data referred to in Annex 13c. 5. The registration shall be valid as of the date on which the competent authorities of a beneficiary country or the customs authorities of a Member State receive a complete application for registration, in accordance with paragraph 4. 6. The competent authorities of a beneficiary country or the customs authorities of a Member State shall inform the exporter or, where appropriate, the re-consignor of goods of the number of registered exporter assigned to that exporter or re-consignor of goods and of the date from which the registration is valid. Article 92a Where a country is added to the list of beneficiary countries in Annex II to Regulation (EU) No 978/2012, the Commission shall automatically activate for its scheme the registrations of all exporters registered in that country provided that the registration data of the exporters are available in the REX system and are valid for at least the GSP scheme of Norway, Switzerland or Turkey, once that country fulfils certain conditions. In this case, an exporter who is already registered for at least the GSP scheme of either, Norway, Switzerland or Turkey, once that country fulfils certain conditions, need not lodge an application with his competent authorities to be registered for the scheme of the Union. Article 93 1. Registered exporters shall immediately inform the competent authorities of the beneficiary country or the customs authorities of the Member State of changes to the information which they have provided for the purposes of their registration. 2. Registered exporters who no longer meet the conditions for exporting goods under the scheme or no longer intend to export goods under the scheme shall inform the competent authorities in the beneficiary country or the customs authorities in the Member State accordingly. 3. The competent authorities in a beneficiary country or the customs authorities in a Member State shall revoke the registration if the registered exporter:
4. The competent authority of a beneficiary country or the customs authorities of a Member State may revoke the registration if the registered exporter fails to keep the data concerning his registration up-to-date. 5. Revocation of registrations shall only take effect for the future, i.e. in respect of statements on origin made out after the date of revocation. Revocation of registration shall have no effect on the validity of statements on origin made out before the registered exporter is informed of the revocation. 6. The competent authority of a beneficiary country or the customs authorities of a Member State shall inform the registered exporter about the revocation of his registration and of the date from which the revocation will take effect. 7. Judicial remedy shall be available to the exporter or the re-consignor of goods in the event of revocation of his registration. 8. The revocation of a registered exporter shall be cancelled in case of an incorrect revocation. The exporter or the re-consignor of goods shall be entitled to use the registered exporter number assigned to him at the time of the registration. 9. Exporters or re-consignors of goods whose registration has been revoked may make a new application to become a registered exporter in accordance with Article 92. Exporters or re-consignors of goods whose registration has been revoked in accordance with paragraphs 3(d) and 4 may only be registered again if they prove to the competent authority of the beneficiary country or to the customs authorities of the Member State which had registered them that they have remedied the situation which led to the revocation of their registration. 10. The data relating to a revoked registration shall be kept in the REX system by the competent authority of the beneficiary country or by the customs authorities of the Member State which introduced them into that system, for a maximum of 10 calendar years after the calendar year in which the revocation took place. After those 10 calendar years, the competent authority of a beneficiary country or the customs authorities of the Member State shall delete the data. Article 93a 1. The Commission shall revoke all registrations of exporters registered in a beneficiary country if the beneficiary country is removed from the list of beneficiary countries in Annex II to Regulation (EU) No 978/2012 or if the tariff preferences granted to the beneficiary country have been temporarily withdrawn in accordance with Regulation (EU) No 978/2012. 2. Where that country is reintroduced in that list or where the temporary withdrawal of the tariff preferences granted to the beneficiary country is terminated, the Commission shall re-activate the registrations of all exporters registered in that country provided that the registration data of the exporters are available in the system and have remained valid for at least the GSP scheme of Norway or Switzerland, or Turkey once that country fulfils certain conditions. Otherwise, exporters shall be registered again in accordance with Article 92. 3. In the event of revocation of the registrations of all registered exporters in a beneficiary country in accordance with the first paragraph, the data of the revoked registrations will be kept in the REX system for at least ten calendar years after the calendar year in which the revocation took place. After that ten-year period, and when the beneficiary country has not been a beneficiary country of the GSP scheme of Norway, Switzerland, nor Turkey, once that country fulfils certain conditions, for more than 10 years, the Commission will delete the data of the revoked registrations from the REX system. Article 94 1. Exporters, registered or not, shall comply with the following obligations:
Those records and those statements on origin may be kept in an electronic format but shall allow the materials used in the manufacture of the exported products to be traced and their originating status to be confirmed. 2. The obligations provided for in paragraph 1 shall also apply to suppliers who provide exporters with suppliers' declarations certifying the originating status of the goods they supply. 3. The re-consignors of goods, whether registered or not, who make out replacement statements on origin as referred to in Article 97d shall keep the initial statements on origin they replaced for at least three years from the end of the calendar year in which the replacement statement on origin was made out, or longer if required by national law. Article 95 1. A statement on origin shall be made out by the exporter when the products to which it relates are exported, if the products concerned can be considered as originating in the beneficiary country concerned or another beneficiary country in accordance with the second subparagraph of Article 86(4) or with point (b) of the first subparagraph of Article 86(6). 2. A statement on origin may also be made out after exportation (“retrospective statement”) of the products concerned. Such a retrospective statement shall be admissible if presented to the customs authorities in the Member State of lodging of the customs declaration for release for free circulation at the latest two years after the importation. Where the splitting of a consignment takes place in accordance with Article 74 and provided that the two-year deadline referred to in the first subparagraph is respected, the statement on origin may be made out retrospectively by the exporter of the country of exportation of the products. This applies mutatis mutandis if the splitting of a consignment takes place in another beneficiary country or in Norway, Switzerland or, where applicable, Turkey. 3. The statement on origin shall be provided by the exporter to its customer in the Union and shall contain the particulars specified in Annex 13d. It shall be made out in English, French, or Spanish. It may be made out on any commercial document allowing identification of the exporter concerned and the goods involved. 4. Paragraphs 1 to 3 shall apply mutatis mutandis to statements on origin made out in the Union for the purpose of bilateral cumulation. Article 95a 1. For the purpose of establishing the origin of materials used under bilateral or regional cumulation, the exporter of a product manufactured using materials originating in a country with which cumulation is permitted shall rely on the statement on origin provided by the supplier of those materials. In these cases, the statement on origin made out by the exporter shall, as the case may be, contain the indication “EU cumulation”, “regional cumulation”, “Cumul UE”, “cumul regional” or “Acumulación UE”, “Acumulación regional”. 2. For the purpose of establishing the origin of materials used within the framework of cumulation under Article 85, the exporter of a product manufactured using materials originating in a party with which cumulation is permitted shall rely on the proof of origin provided by the supplier of those materials on condition that that proof has been issued in accordance with the provisions of the GSP rules of origin of Norway, Switzerland or where applicable Turkey, as the case may be. In this case, the statement on origin made out by the exporter shall contain the indication “Norway cumulation”, “Switzerland cumulation”, “Turkey cumulation”, “Cumul Norvège”, “Cumul Suisse”, “Cumul Turquie” or “Acumulación Noruega”, “Acumulación Suiza”, “Acumulación Turquía”. 3. For the purpose of establishing the origin of materials used within the framework of extended cumulation under Article 86(7) and (8), the exporter of a product manufactured using materials originating in a party with which extended cumulation is permitted shall rely on the proof of origin provided by the supplier of those materials on condition that that proof has been issued in accordance with the provisions of the relevant free-trade agreement between the Union and the party concerned. In this case, the statement on origin made out by the exporter shall contain the indication “extended cumulation with country x”, “cumul étendu avec le pays x” or “Acumulación ampliada con el país x”.’ |
(13) |
In Article 96, paragraph 2 is replaced by the following: ‘2. A statement on origin shall be valid for 12 months from the date on which it is made out.’ |
(14) |
The following Article 96a is added in Subsection 6, before Article 97: ‘Article 96a In order for importers to be entitled to claim benefit from the scheme upon presentation of a statement on origin, the goods shall have been exported on or after the date on which the beneficiary country from which the goods are exported started the registration of exporters in accordance with Article 91.’ |
(15) |
In Part I, Title IV, Chapter 2, Section 1, the title of Subsection 6 is replaced by the following:
Procedures at release for free circulation in the European Union applicable from the date of application of the registered exporter system’ |
(16) |
In Part I, Title IV, Chapter 2, Section 1, the title of Subsection 7 is replaced by the following:
Control of origin applicable from the date of application of the registered exporter system’ |
(17) |
In Part I, Title IV, Chapter 2, Section 1, the title of Subsection 8 is replaced by the following:
Other provisions applicable from the date of application of the registered exporter system’ |
(18) |
Article 97 is replaced by the following: ‘Article 97 1. Where a declarant requests preferential treatment under the scheme, he shall make reference to the statement on origin in the customs declaration for release for free circulation. The reference to the statement on origin will be its date of issue with the format yyyymmdd, where yyyy is the year, mm is the month and dd is the day. Where the total value of the originating products consigned exceeds EUR 6 000, the declarant shall also indicate the number of the registered exporter. 2. Where the declarant has requested application of the scheme in accordance with paragraph 1, without being in possession of a statement on origin at the time of acceptance of the customs declaration for release for free circulation, that declaration shall be considered as being incomplete within the meaning of Article 253(1) and treated accordingly. 3. Before declaring goods for release for free circulation, the declarant shall take due care to ensure that the goods comply with the rules in this section, in particular, by checking:
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(19) |
Article 97d is replaced by the following: ‘Article 97d 1. Where products have not yet been released for free circulation, a statement on origin may be replaced by one or more replacement statements on origin, made out by the re-consignor of the goods, for the purpose of sending all or some of the products elsewhere within the customs territory of the Union or, where applicable, to Norway, Switzerland or Turkey, once that country fulfils certain conditions. Replacement statements on origin may only be made out if the initial statement on origin was made out in accordance with Articles 95 and 96 and Annex 13d. 2. Re-consignors shall be registered for the purpose of making out replacement statements on origin as regards originating products to be sent elsewhere within the Union where the total value of originating products of the initial consignment to be split exceeds EUR 6 000. However, re-consignors who are not registered shall be permitted to make out replacement statements on origin where the total value of originating products of the initial consignment to be split exceeds EUR 6 000 if they attach a copy of the initial statement on origin made out in the beneficiary country. 3. Only re-consignors registered in the REX system may make out replacement statements on origin as regards originating products to be sent to Norway, Switzerland or Turkey, once that country fulfils certain conditions. This applies irrespective of the value of originating products contained in the initial consignment and regardless of whether the country of origin is listed in Annex II to Regulation (EU) No 978/2012. 4. A replacement statement on origin shall be valid for 12 months from the date of making out the initial statement on origin. 5. Where a statement on origin is replaced, the re-consignor shall indicate the following on the initial statement on origin:
The initial statement on origin shall be marked with the word “Replaced”, “Remplacée” or “Sustituida”. 6. The re-consignor shall indicate the following on the replacement statement on origin:
The replacement statement on origin shall be marked “Replacement statement”, “Attestation de remplacement” or “Comunicación de sustitución”. 7. Paragraphs 1 to 6 shall apply to statements replacing replacement statements on origin. 8. Subsection 7 of this Section shall apply mutatis mutandis to replacement statements on origin. 9. Where products benefit from tariff preferences under a derogation granted in accordance with Article 89 the replacement provided for in this Article may only be made when such products are intended for the Union.’ |
(20) |
In Article 97h, the following paragraph 3 is added: ‘3. Where the verification provided for in paragraph 1 or any other available information appears to indicate that the rules of origin are being contravened, the exporting beneficiary country shall on its own initiative or at the request of the customs authorities of the Member States or the Commission carry out appropriate inquiries or arrange for such inquiries to be carried out with due urgency to identify and prevent such contraventions. For this purpose, the Commission or the customs authorities of the Member States may participate in those inquiries.’ |
(21) |
Article 97i is deleted. |
(22) |
In Part I, Title IV, Chapter 2, the title of Section 1A is replaced by the following:
Procedures and methods of administrative cooperation applicable with regard to exports using certificates of origin Form A, invoice declarations and movement certificates EUR.1’ |
(23) |
In Article 97l:
|
(24) |
In Article 97p, paragraph 6 is replaced by the following: ‘6. In the case of products which benefit from tariff preferences under a derogation granted in accordance with Article 89, the procedure laid down in this Article shall apply only when such products are intended for the Union.’ |
(25) |
In Article 109, the following is added as the second paragraph: ‘Box 7 of movement certificates EUR.1 or invoice declarations shall contain the indication “Autonomous trade measures” or “Mesures commerciales autonomes”.’ |
(26) |
Annex 13a is amended in accordance with Annex I to this Regulation. |
(27) |
Annexes 13c and 13d are replaced by the text set out in Annex II to this Regulation. |
(28) |
Annex 17 is amended in accordance with Annex III to this Regulation. |
Article 2
Regulation (EU) No 1063/2010 is amended as follows:
(1) |
Article 2 is deleted. |
(2) |
In Article 3, paragraphs 3, 4 and 5 are deleted. |
Article 3
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
Article 1(7) and Article 1(23) shall apply from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 March 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 302, 19.10.1992, p. 1.
(2) 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 (OJ L 253, 11.10.1993, p. 1).
(3) Commission Regulation (EU) No 1063/2010 of 18 November 2010 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 307, 23.11.2010, p. 1).
(4) Commission Implementing Regulation (EU) No 530/2013 of 10 June 2013 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 159, 11.6.2013, p. 1).
(5) Council Decision 2001/101/EC of 5 December 2000 concerning the approval of an Agreement in the form of an Exchange of Letters between the Community and each of the EFTA countries that grants tariff preferences under the Generalised System of Preferences (Norway and Switzerland), providing that goods with content of Norwegian or Swiss origin shall be treated on their arrival on the customs territory of the Community as goods with content of Community origin (reciprocal agreement) (OJ L 38, 8.2.2001, p. 24).
(6) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
(7) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
ANNEX I
In Part II of Annex 13a of Regulation (EEC) No 2454/93, the following text is inserted between the items ‘ex 6202, ex 6204, ex 6206, ex 6209 and ex 6211 — Women's, girls' and babies' clothing and clothing accessories for babies, embroidered’ and ‘ex 6210 and 6216 — Fire-resistant equipment of fabric covered with foil of aluminised polyester’:
‘ex 6212 |
Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, knitted or crocheted |
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Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting (knitted to shape products) or Dyeing of yarn of natural fibres accompanied by knitting (knitted to shape products) (1)’ |
(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
(2) See Introductory Note 7.
ANNEX II
ANNEX 13c
(referred to in Article 92)
ANNEX 13d
(Referred to in Article 95(3))
STATEMENT ON ORIGIN
To be made out on any commercial documents showing the name and full address of the exporter and consignee as well as a description of the products and the date of issue (1)
French version
L'exportateur … (Numéro d'exportateur enregistré (2) (3) (4)) des produits couverts par le présent document déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle … (5) au sens des règles d'origine du Système des préférences tarifaires généralisées de l'Union européenne et que le critère d'origine satisfait est … … (6).
English version
The exporter … (Number of Registered Exporter (2) (3) (4)) of the products covered by this document declares that, except where otherwise clearly indicated, these products are of … preferential origin (5) according to rules of origin of the Generalised System of Preferences of the European Union and that the origin criterion met is … … (6).
Spanish version
El exportador … (Número de exportador registrado (2) (3) (4)) de los productos incluidos en el presente documento declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial … (5) en el sentido de las normas de origen del Sistema de preferencias generalizado de la Unión Europea y que el criterio de origen satisfecho es … … (6)
(1) Where the statement on origin replaces another statement in accordance with Article 97d(2) and (3), the replacement statement on origin shall bear the mention “Replacement statement” or “Attestation de remplacement” or “Comunicación de sustitución”. The replacement shall also indicate the date of issue of the initial statement and all other necessary data according to Article 97d(6).
(2) Where the statement on origin replaces another statement in accordance with subparagraph 1 of Article 97d(2) and paragraph (3) of Article 97d, the re-consignor of the goods making out such a statement shall indicate his name and full address followed by his number of registered exporter.
(3) Where the statement on origin replaces another statement in accordance with subparagraph 2 of Article 97d(2), the re-consignor of the goods making out such a statement shall indicate his name and full address followed by the mention (French version)“agissant sur la base de l'attestation d'origine établie par [nom et adresse complète de l'exportateur dans le pays bénéficiaire] enregistré sous le numéro suivant [Numéro d'exportateur enregistré dans le pays bénéficiaire]”(English version)“acting on the basis of the statement on origin made out by [name and complete address of the exporter in the beneficiary country] registered under the following number [Number of Registered Exporter of the exporter in the beneficiary country]”(Spanish version)“actuando sobre la base de la comunicación extendida por [nombre y dirección completa del exportador en el país beneficiario], registrado con el número siguiente [Número de exportador registrado del exportador en el país beneficiario].”
(4) Where the statement on origin replaces another statement in accordance with Article 97d(2), the re-consignor of the goods shall indicate the number of registered exporter only if the value of originating products in the initial consignment exceeds EUR 6 000.
(5) Country of origin of products to be indicated. When the statement on origin relates, in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 97j, the exporter must clearly indicate them in the document on which the statement is made out by means of the symbol “XC/XL”.
(6) Products wholly obtained: enter the letter “P”; Products sufficiently worked or processed: enter the letter 'W' followed by a heading of the Harmonised System (example “W”9618).
Where appropriate, the above mention shall be replaced with one of the following indications:
(a) |
In the case of bilateral cumulation: “EU cumulation”, “Cumul UE” or “Acumulación UE”. |
(b) |
In the case of cumulation with Norway, Switzerland or Turkey: “Norway cumulation”, “Switzerland cumulation”, “Turkey cumulation”, “Cumul Norvège”, “Cumul Suisse”, “Cumul Turquie” or “Acumulación Noruega”, “Acumulación Suiza”, or “Acumulación Turquía”. |
(c) |
In the case of regional cumulation: “regional cumulation”, “cumul regional” or “Acumulación regional”. |
(d) |
In the case of extended cumulation: “extended cumulation with country x”, “cumul étendu avec le pays x” or “Acumulación ampliada con el país x”. |
ANNEX III
Annex 17 is amended as follows:
(a) |
Point 2 of the introductory notes is replaced by the following text:
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(b) |
Point 4 of the introductory notes is replaced by the following text:
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(c) |
The notes relating to the specimens of the form in two languages and which follow those specimens are replaced respectively by the following: ‘NOTES (2013) I. Countries which accept Form A for the purposes of the Generalised System of Preferences (GSP)
Full details of the conditions covering admission to the GSP in these countries are obtainable from the designated authorities in the exporting preference-receiving countries or from the customs authorities of the preference-giving countries listed above. An information note is also obtainable from the UNCTAD secretariat. II. General conditions To qualify for preference, products must:
III. Entries to be made in Box 8 Preference products must either be wholly obtained in accordance with the rules of the country of destination or sufficiently worked or processed to fulfil the requirements of that country's origin rules.
NOTES (2013) I. Pays acceptant la formule A aux fins du système des préférences généralisées (SPG):
Des détails complets sur les conditions régissant l'admission au bénéfice du SGP dans ce pays peuvent être obtenus des autorités désignées par les pays exportateurs bénéficiaires ou de l'administration des douanes des pays donneurs qui figurent dans la liste ci-dessus. Une note d'information peut également être obtenue du secrétariat de la CNUCED. II. Conditions générales Pour être admis au bénéfice des préférences, les produits doivent:
III. Indications à porter dans la case 8 Pour bénéficier des préférences, les produits doivent avoir été, soit entièrement obtenus, soit suffisamment ouvrés ou transformés conformément aux règles d'origine des pays de destination.
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(1) For Australia, the main requirement is the exporter's declaration on the normal commercial invoice. Form A, accompanied by the normal commercial invoice, is an acceptable alternative, but official certification is not required
(2) Official certification is not required.
(3) The Principality of Liechtenstein forms, pursuant to the Treaty of 29 March 1923, a customs union with Switzerland.
(4) The United States does not require GSP Form A. A declaration setting forth all pertinent detailed information concerning the production or manufacture of the merchandise is considered sufficient only if requested by the district collector of Customs.
(5) Pour l'Australie, l'exigence de base est une attestation de l'exportateur sur la facture habituelle. La formule A, accompagnée de la facture habituelle, peut être acceptée en remplacement, mais une certification officielle n'est pas exigée.
(6) Un visa officiel n'est pas exigé.
(7) Les Etats-Unis n'exigent pas de certificat SGP Formule A. Une déclaration reprenant toute information appropriée et détaillée concernant la production ou la fabrication de la marchandise est considérée comme suffisante, et doit être présentée uniquement à la demande du receveur des douanes du district (District collector of Customs).
(8) D'après l'Accord du 29 mars 1923, la Principauté du Liechtenstein forme une union douanière avec la Suisse.
14.3.2015 |
EN |
Official Journal of the European Union |
L 70/36 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/429
of 13 March 2015
setting out the modalities to be followed for the application of the charging for the cost of noise effects
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (1), in particular Article 31(5) thereof,
Whereas:
(1) |
The White Paper ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’ (2) indicated that 10 % of the European population is exposed to significant noise pollution from rail transport, in particular freight. Noise is a localised externality, affecting people living close to railway lines. Its reduction is the most cost-effective at the source, where the noise is produced. The replacement of cast iron brake blocks with composite brake blocks can bring noise reductions of up to 10 dB. Therefore the support of the retrofitting of wagons with the most economically viable low-noise braking technology available should be encouraged and pursued. |
(2) |
This Regulation aims at incentivising the retrofitting by allowing the reimbursement of relevant costs linked with installation of composite brake blocks. |
(3) |
Article 31(5) of Directive 2012/34/EU empowered the Commission to adopt implementing measures setting out the modalities to be followed for the application of the charging for the cost of noise effects including its duration of application and enabling the differentiation of infrastructure charges to take into account, where appropriate, the sensitivity of the area affected, in particular in terms of the size of population affected and the train composition with an impact on the level of noise emissions (‘noise-differentiated track access charges’ or ‘NDTAC’). |
(4) |
This Regulation sets out such modalities and provides an appropriate legal framework on the basis of which a scheme establishing NDTAC (‘the scheme’) should be introduced and applied by the infrastructure managers. This legal framework should guarantee to the railway undertakings, wagon keepers and other stakeholders a legal security and incentives to retrofit their wagons. Therefore the modalities set out by this Regulation cover the duration of the scheme, the level of incentives and the related arrangements. |
(5) |
For the purpose of providing the necessary expertise and assistance, the Commission established in 2011 a NDTAC expert working group. The group consisted of representatives of interested Member States, infrastructure managers, railway undertakings, wagon keepers and civil society, and provided valuable input. |
(6) |
Member States should be free to decide whether the infrastructure manager should modify the infrastructure charges, in accordance with this Regulation, in order to take into account the cost of noise effects. |
(7) |
Wagons which comply with Commission Regulation (EU) No 1304/2014 (3) on the technical specifications of interoperability relating to the subsystem ‘rolling stock — noise’ and its subsequent modifications (‘TSI Noise’), should be considered ‘silent’. Wagons which do not comply with TSI Noise should be considered ‘noisy’. If, during a renewal or upgrading of a wagon, the latter is equipped with certified composite brake blocks and no noise sources are added to the wagon under assessment, then it should be assumed that the requirements of TSI Noise are met. |
(8) |
There are wagons that cannot be retrofitted with composite brake blocks due to their technical characteristics. These wagons should not fall within the scope of this Regulation. |
(9) |
In order to preserve the competitiveness of the railway sector, the scheme should take the form of a minimum mandatory discount or a bonus for railway undertakings using retrofitted wagons. For the same purpose administrative procedures should be kept to the necessary minimum. |
(10) |
In order to take into account the sensitivity of the area affected by the noise, in particular in terms of the size of population affected, infrastructure managers should have a possibility to introduce a surcharge (constituting a malus) for railway undertakings using noisy trains. Malus can only be introduced where bonus is also introduced. The level of malus can vary on different railway lines and sections for duly justified reasons, depending in particular on the noise exposure of the affected population. In order not to affect the overall competitiveness of the railway sector, the malus should be of a limited value and in any case not higher than the bonus. However, if charging of cost of noise is applied to road freight transport in accordance with Union law, such limitation should not apply. |
(11) |
The result of effective noise reduction due to retrofitting can be only noticeable when almost all wagons in a train are silent. Moreover, a better noise performance beyond the required minimum and innovation in noise reduction should be promoted. Therefore additional bonuses for ‘silent’ trains and ‘very quiet’ rolling stock should be allowed. |
(12) |
As one of the main objectives of this Regulation is to provide incentives for a fast retrofitting, the duration of the scheme in relation to bonus should be limited in time and at the same time last long enough to provide sufficient financial support. Therefore the scheme should start to apply as soon as possible and finish to apply in 2021. However, Member States should have the possibility to decide whether the infrastructure managers should apply the scheme after the proposed starting date. The effects of schemes existing at the date of the entry into force of this Regulation should be recognised and taken into account by providing for appropriate transitional provisions. The application of such schemes should in no case result in discrimination between railway undertakings. |
(13) |
If the progress with retrofitting is not satisfactory, Member States should be allowed to apply malus after the end of the duration of the scheme under the condition that a similar measure is applied to the road freight transport sector. The design of this malus should be consistent with the principles of internalisation of external costs of noise for all freight transport modes, in particular road transport. |
(14) |
As wagon keepers are usually in the position to retrofit the wagons while railway undertakings would benefit from the bonus, the incentives should be passed on to those who bear the costs of retrofitting. |
(15) |
Various studies have assessed the retrofitting costs and necessary incentive that would enable pursuing the retrofitting in connection with other funding possibilities. Based on the impact assessment support study of the Commission, the minimum harmonised level of bonus should be set at EUR 0,0035 per axle-km. Such an amount of bonus should incentivise retrofitting a wagon running 45 000 km per year during the period of 6 years by covering 50 % of relevant costs. As it is considered that running a wagon with composite brake blocks leads to higher operating costs and given that a wagon may run in practice less than 45 000 km per year, the amount of bonus could be increased to take this into account. |
(16) |
In order to increase the speed of retrofitting and minimise the risk of possible negative consequences for the competitiveness of the rail sector, wagon keepers and railway undertakings should be encouraged to take advantage of the European public funding possibilities for retrofitting provided by Regulation (EU) No 1316/2013 of the European Parliament and of the Council (4) establishing the Connecting Europe Facility. For the same purpose the Member States which decide that the infrastructure managers apply the scheme should be encouraged to make relevant national funds available. |
(17) |
In order to ensure non-discriminatory conditions for all railway undertakings and prevent payment of bonuses for the use of wagons which are not entitled to benefit from them, infrastructure managers should receive data regarding the relevant noise characteristics of wagons. In order to reduce administrative burden, existing registers and other tools, where available, should be used for that purpose. |
(18) |
Infrastructure managers applying the scheme should cooperate in order to simplify and harmonise procedures relating to the operation of the scheme with a view to reducing administrative and financial burdens for railway undertakings. |
(19) |
This Regulation should be without prejudice to the provisions of Directive 2012/34/EU regarding the financing of infrastructure, the equilibrium of income and expenditure of the infrastructure manager and equitable, non-discriminatory and transparent access to infrastructure. |
(20) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 62(3) of Directive 2012/34/EU, |
HAS ADOPTED THIS REGULATION:
Article 1
Scope
1. This Regulation sets out the modalities to be followed by the infrastructure manager for the application of the charging for the cost of noise effects caused by the freight rolling stock.
It shall apply when a Member State, within the charging framework as provided for in Article 29(1) of Directive 2012/34/EU, has decided to introduce modification of infrastructure charges in accordance with Article 31(5), first subparagraph of that Directive.
2. This Regulation shall not apply to wagons which fulfil one of the following conditions:
(a) |
wagons that hold a derogation from TSI Noise under Article 9 of Directive 2008/57/EC of the European Parliament and of the Council (5); |
(b) |
wagons for which there are no available TSI Wagon compliant composite brake blocks which can be directly fitted in the wagon without further modification of the braking system or dedicated tests; |
(c) |
wagons coming from third countries and running on 1 520 or 1 524 mm railway gauge network and which are granted a specific case in TSI Noise or excluded from its scope. |
3. The bonus and the malus resulting from the differentiation of the track access charges shall ensure non-discriminatory and transparent access to infrastructure.
4. The differentiation of the track access charges according to this Regulation shall be without prejudice to the application of State aid rules.
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
(1) |
‘Scheme’ means provisions establishing noise-differentiated track access charges to be adopted and applied by infrastructure managers; |
(2) |
‘Retrofitted wagons’ means existing wagons retrofitted with composite brake blocks in accordance with the requirements set out in TSI Noise; |
(3) |
‘Silent wagons’ means new or existing wagons respecting relevant noise limit values set out in TSI Noise; |
(4) |
‘Noisy wagons’ means wagons not respecting relevant noise limit values set out in TSI Noise; |
(5) |
‘Noisy train’ means a train composed of more than 10 % of noisy wagons; |
(6) |
‘Silent train’ means a train which is composed of at least 90 % of silent wagons; |
(7) |
‘Very quiet wagons and locomotives’ means wagons and locomotives with noise emissions at least 3 dB below the relevant values set out in TSI Noise; |
(8) |
‘Bonus for retrofitted wagons’ means a mandatory discount from the infrastructure access charges for railway undertakings using retrofitted wagons; |
(9) |
‘Train bonus’ means an optional discount for railway undertakings for each ‘silent train’; |
(10) |
‘Bonus for very quiet wagons or locomotives’ means an optional discount for railway undertakings for each very quiet wagon and locomotive; |
(11) |
‘Malus’ means an optional surcharge to the infrastructure access charges to be paid by railway undertakings for each noisy train. |
Article 3
Scheme
1. On the basis of the modalities set out in this Regulation, the infrastructure manager shall adopt a scheme which differentiates the infrastructure charges depending on the level of noise produced and which applies to all railway undertakings concerned. The application of this scheme shall not result in the undue distortion of competition between railway undertakings or negatively affect the overall competitiveness of the rail freight sector.
2. The scheme shall apply until 31 December 2021.
Article 4
Bonus for retrofitted wagons
1. Infrastructure managers shall introduce a bonus for railway undertakings using retrofitted wagons. The level of bonus shall be the same on the entire network of the infrastructure manager and it shall be applicable to each retrofitted wagon.
2. The basis for calculation of the level of bonus shall be the number of axles of a wagon and amount of kilometres run in a period determined by the infrastructure manager.
3. The minimum level of a bonus shall be set at EUR 0,0035 per axle-km.
4. When setting the level of the bonus, the infrastructure manager may take into account the inflation, mileage run by wagons and operating costs linked with the use of retrofitted wagons.
5. The level of bonus calculated in accordance with paragraph 3 and, where relevant, paragraph 4 shall be set for at least 1 year.
6. Infrastructure managers may decide to cancel or reduce the level of bonus by the value of retrofitting costs for those wagons that had already received bonus payments which allow them to reimburse the retrofitting costs.
Article 5
Train bonus
1. Infrastructure managers may introduce a bonus for railway undertakings running silent trains.
2. Train bonus shall be applicable to each silent train.
3. The amount of the bonus for silent train shall be maximum 50 % of the total value of bonuses applicable to retrofitted wagons composing that train and calculated in accordance with Article 4.
4. The bonus for silent train shall be cumulative with the bonuses referred to in Articles 4 and 6.
Article 6
Bonus for very quiet wagons and locomotives
1. Infrastructure managers may introduce a bonus for railway undertakings running very quiet wagons and locomotives.
2. Bonus referred to in paragraph 1 shall be applicable to each very quiet wagon and locomotive.
3. The amount of the bonus for each very quiet wagon and locomotive shall proportionally correspond to the reduction of noise levels below these limit values and shall be maximum 50 % of the value of bonus applicable to the retrofitted wagon as calculated in accordance with Article 4.
4. The bonus for very quiet wagons and locomotives shall be cumulative with the bonuses referred to in Articles 4 and 5.
Article 7
Malus
1. Infrastructure managers may introduce a malus for railway undertakings running noisy trains.
2. Malus shall be applicable to each noisy train.
3. The total sum of malus paid over the duration of the scheme shall not be higher than the sum of bonuses referred to in Articles 4, 5 and 6.
4. Infrastructure managers shall be allowed not to apply paragraph 3 if similar charging of cost of noise is applied to road freight transport in accordance with Union law in the Member State concerned.
5. By derogation from Article 3 Member States may decide to continue to apply or introduce a malus after the end of the duration of the scheme under condition that a similar measure is applied to road freight transport sector in accordance with Union law.
6. When deciding to introduce the malus and setting its level, the infrastructure manager may, as appropriate and after consulting the relevant stakeholders, take into account the sensitivity of the area affected by rail freight traffic, in particular the size of population affected and its exposure to rail noise along the railway line.
Article 8
Administrative arrangements
1. Infrastructure managers shall be responsible for managing the scheme, including keeping the accounts for financial flows with railway undertakings. They shall make available the data concerning these financial flows upon request of the competent national authorities during the period of application of the scheme and in the following 10 years after the expiry of the scheme.
2. Infrastructure manager shall use existing registers and other available tools in order to gather evidence demonstrating the status of the wagons or locomotives (accordingly retrofitted, silent or noisy, very quiet).
3. If the data referred to in paragraph 2 cannot be gathered from registers or tools, the infrastructure manager shall request the railway undertakings to demonstrate the status of the wagons and locomotives they intend to use.
In case of retrofitted wagon, the railway undertaking shall deliver relevant technical or financial evidence that the retrofitting took place.
In case of silent wagons, the railway undertaking shall deliver an authorisation to place in service or any equivalent evidence.
In case of very quiet wagons and locomotives, the railway undertaking shall deliver evidence proving the lower level of noise, including, if appropriate, details of additional noise reduction modifications undertaken.
4. Administrative measures developed at national level for the management of the existing schemes may continue to apply as long as they comply with this Regulation.
5. Administrative costs of the scheme shall not be taken into account in the determination of the level of bonus and malus.
6. Infrastructure managers of Member States applying the scheme shall cooperate, in particular regarding the simplification and harmonisation of administrative procedures for the application of the charging for the cost of noise effects caused by the freight rolling stock as provided for by this Regulation, including on the format of the evidence referred to in paragraph 3.
Article 9
Notification
1. The schemes shall be notified to the Commission before they become applicable.
2. By 1 May 2016, and by 1 May of each following year the Member States shall report to the Commission for the previous calendar year at least the following data:
(a) |
number of wagons that were subject to bonus referred to in Article 4; |
(b) |
where applicable, number of wagons and locomotives subject to bonus referred to in Article 6; |
(c) |
where applicable, number of trains subject to bonus referred to in Article 5; |
(d) |
where applicable, number of trains that were subject to malus; |
(e) |
mileage run by retrofitted wagons in the Member State concerned; |
(f) |
estimated mileage run by silent and noisy trains in the Member State concerned. |
3. Upon request of the Commission additional data shall be provided where available. This data may include:
(a) |
total amount of bonuses granted for retrofitted wagons, silent trains and very quiet wagons and locomotives; |
(b) |
total amount of maluses collected; |
(c) |
average amount of bonus and malus per axle-km. |
Article 10
Review
1. By 31 December 2018, the Commission shall evaluate the implementation of the schemes, in particular regarding the progress of retrofitting of wagons and the balance between bonus deducted and malus already paid. In addition, the Commission shall evaluate the impact of the schemes put in place according to this Regulation on the overall competitiveness of the freight railway sector and the passing on of the incentives induced through the scheme from railway undertakings to wagon keepers.
2. Taking into account the results of the evaluation, the Commission may if necessary, amend this Regulation in particular in relation to the minimum level of bonus.
Article 11
Existing schemes
1. Existing schemes at the date of the entry into force of this Regulation, including contracts based on such schemes, may continue to apply until 10 December 2016 at the latest. The scheme provided for by this Regulation may only be applied after the existing schemes have been terminated. Termination of existing schemes shall not be required if the infrastructure manager has made the existing scheme and contracts based on it compliant with this Regulation by 11 December 2016.
2. Infrastructure managers from Member States that had in place schemes referred to in paragraph 1 may decide not to apply Article 3(2) as long as the total duration of their schemes is at least of 6 years.
Article 12
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 16 June 2015.
This Regulation shall be binding in its entirety and directly applicable in the Member States.
Done at Brussels, 13 March 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 343, 14.12.2012, p. 32.
(2) COM(2011) 144.
(3) Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for interoperability relating to the subsystem ‘rolling stock — noise’ amending Decision 2008/232/EC and repealing Decision 2011/229/EU (OJ L 356, 12.12.2014, p. 421).
(4) Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).
(5) Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1).
14.3.2015 |
EN |
Official Journal of the European Union |
L 70/43 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/430
of 13 March 2015
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1) |
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 March 2015.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
||
CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
EG |
65,8 |
MA |
85,1 |
|
TR |
84,9 |
|
ZZ |
78,6 |
|
0707 00 05 |
JO |
229,9 |
MA |
176,1 |
|
TR |
186,3 |
|
ZZ |
197,4 |
|
0709 93 10 |
MA |
117,1 |
TR |
188,5 |
|
ZZ |
152,8 |
|
0805 10 20 |
EG |
47,5 |
IL |
71,4 |
|
MA |
45,4 |
|
TN |
59,1 |
|
TR |
65,4 |
|
ZZ |
57,8 |
|
0805 50 10 |
TR |
49,2 |
ZZ |
49,2 |
|
0808 10 80 |
BR |
68,9 |
CA |
81,0 |
|
CL |
103,0 |
|
CN |
91,1 |
|
MK |
28,7 |
|
US |
167,6 |
|
ZZ |
90,1 |
|
0808 30 90 |
AR |
108,8 |
CL |
99,5 |
|
CN |
90,9 |
|
US |
124,8 |
|
ZA |
109,7 |
|
ZZ |
106,7 |
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.
DECISIONS
14.3.2015 |
EN |
Official Journal of the European Union |
L 70/45 |
COUNCIL DECISION (EU) 2015/431
of 10 March 2015
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Lietuvos bankas
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular to Article 27.1 thereof,
Having regard to Recommendation ECB/2014/58 of the European Central Bank of 16 December 2014 to the Council of the European Union on the external auditors of Lietuvos bankas (1),
Whereas:
(1) |
The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union. |
(2) |
Pursuant to Article 1 of Council Decision 2014/509/EU (2) Lithuania fulfils the necessary conditions for the adoption of the euro, and the derogation in favour of Lithuania referred to in Article 4 of the 2003 Act of Accession (3) is abrogated with effect from 1 January 2015. |
(3) |
The Governing Council of the ECB recommended that UAB PricewaterhouseCoopers be appointed as the external auditors of the Lietuvos bankas for the financial years 2015 to 2017. |
(4) |
It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (4) accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
The following paragraph is added to Article 1 of Decision 1999/70/EC:
‘19. UAB PricewaterhouseCoopers are hereby approved as the external auditors of the Lietuvos bankas for the financial years 2015 to 2017’
Article 2
This Decision shall take effect on the day of its notification.
Article 3
This Decision is addressed to the European Central Bank.
Done at Brussels, 10 March 2015.
For the Council
The President
J. REIRS
(1) OJ C 465, 24.12.2014, p. 1.
(2) Council Decision 2014/509/EU of 23 July 2014 on the adoption by Lithuania of the euro on 1 January 2015 (OJ L 228, 31.7.2014, p. 29).
(3) OJ L 236, 23.9.2003, p. 33.
(4) Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (OJ L 22, 29.1.1999, p. 69).
14.3.2015 |
EN |
Official Journal of the European Union |
L 70/47 |
COUNCIL DECISION (CFSP) 2015/432
of 13 March 2015
amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1) |
On 17 March 2014, the Council adopted Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1). |
(2) |
On 8 September 2014, the Council adopted Decision 2014/658/CFSP (2), thereby renewing those measures for a further six months. |
(3) |
On 29 January 2015, the Foreign Affairs Council agreed that the measures should be renewed. The Council reviewed the individual designations. The entries for fifty persons should be amended and the entry for one deceased person should be deleted. |
(4) |
Decision 2014/145/CFSP should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2014/145/CFSP is amended as follows:
(1) |
in Article 6, the second paragraph is replaced by the following: ‘This Decision shall apply until 15 September 2015.’ ; |
(2) |
the Annex is amended as set out in the Annex to this Decision. |
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 13 March 2015.
For the Council
The President
A. MATĪSS
(1) Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 16).
(2) OJ L 271, 12.9.2014, p. 47.
ANNEX
1. |
The entry set out in the Annex to Decision 2014/145/CFSP concerning the person listed below is deleted:
|
2. |
The entries set out in the Annex to Decision 2014/145/CFSP concerning the persons listed below are replaced by the following entries:
|
14.3.2015 |
EN |
Official Journal of the European Union |
L 70/58 |
DECISION (EU) 2015/433 OF THE EUROPEAN CENTRAL BANK
of 17 December 2014
concerning the establishment of an Ethics Committee and its Rules of Procedure (ECB/2014/59)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (1), and in particular Article 9a thereof,
Whereas:
(1) |
Through the establishment of an Ethics Committee of the European Central Bank (hereinafter the ‘Ethics Committee’), the Governing Council aims to strengthen the ethics rules in place and further enhance the corporate governance of the European Central Bank (ECB), the European System of Central Banks (ESCB), the Eurosystem and the Single Supervisory Mechanism (SSM). |
(2) |
Public awareness of corporate governance issues and of ethics rules has increased over recent years. Following the establishment of the SSM, governance issues have acquired increased significance for the ECB. The increased level of public awareness and scrutiny requires the ECB to have in place, and strictly adhere to, state-of-the-art ethics rules in order to safeguard the ECB's integrity and avoid reputational risks. |
(3) |
The ethics rules for members of the bodies involved in the ECB's decision-making processes (hereinafter the ‘addressees’) should be based on the same principles that apply to ECB staff members and should be proportionate to the addressees' respective responsibilities. Therefore, the various rules constituting the ECB ethics framework, i.e. the Code of Conduct for the members of the Governing Council (2), the Supplementary Code of Ethics Criteria for the members of the Executive Board (3), the Code of Conduct for the members of the Supervisory Board and the ECB Staff Rules, should be interpreted in a coherent manner. |
(4) |
The ethics rules need to be supported by well-functioning monitoring, reporting mechanisms and procedures to achieve adequate and consistent implementation in which the Ethics Committee will play a key role. |
(5) |
In order to ensure effective interoperation between those aspects of the ethics rules that principally relate to operational implementation and those that principally relate to institutional and framework related issues, at least one of the members of the ECB's Audit Committee (hereinafter the ‘Audit Committee’) should also be a member of the Ethics Committee. |
(6) |
The Ethics Committee should include an external member of the Audit Committee. External members of the Audit Committee are chosen from among high-ranking officials with experience in central banking, |
HAS ADOPTED THIS DECISION:
Article 1
Establishment and composition
1. An Ethics Committee is hereby established.
2. The Ethics Committee shall be composed of three external members, at least one of whom shall be an external member of the Audit Committee.
3. The members of the Ethics Committee shall be individuals of high repute from Member States, whose independence is beyond doubt and who have a sound understanding of the objectives, tasks and governance of the ECB, the ESCB, the Eurosystem and the SSM. They shall not be current staff of the ECB or current members of bodies involved in the decision-making processes of the ECB, the national central banks or the national competent authorities as defined in Council Regulation (EU) No 1024/2013 (4).
Article 2
Appointment of members
1. The Governing Council shall appoint the members of the Ethics Committee.
2. The Ethics Committee shall designate its Chair.
3. The term of office of the members of the Ethics Committee shall be three years, renewable once. The mandates of the Ethics Committee members who are also members of the Audit Committee shall expire if they cease to be members of the Audit Committee.
4. The members of the Ethics Committee shall observe the highest standard of ethical conduct. They are expected to act honestly, independently, impartially, with discretion and without regard to self-interest and to avoid any situation liable to give rise to a personal conflict of interest. They are expected to be mindful of the importance of their duties and responsibilities. The members of the Ethics Committee shall abstain from any deliberation in cases of perceived or potential personal conflict of interest. They shall be subject to the professional secrecy requirements laid down in Article 37 of the Statute of the European System of Central Banks and of the European Central Bank even after their duties have ceased.
5. The members of the Ethics Committee shall be entitled to receive remuneration comprising an annual retention fee together with payment for actual work performed based on an hourly rate. The amount of such remuneration shall be fixed by the Governing Council.
Article 3
Functioning
1. The Ethics Committee shall decide on the dates of its meetings on a proposal from the Chair. The Chair may also convene meetings of the Ethics Committee whenever he or she deems it necessary.
2. At the request of any of its members, and in agreement with the Chair, meetings may also be held by means of teleconferencing and deliberations may take place by means of written procedure.
3. Members of the Ethics Committee are expected to attend each meeting in person. Attendance at meetings shall be restricted to its members and its secretary. However, the Ethics Committee may invite other persons to attend its meetings if it deems it appropriate to do so.
4. The Executive Board shall entrust a member of staff to perform the secretarial function of the Ethics Committee.
5. The Ethics Committee shall have access to members of management and staff as well as to documents and information it requires in order to fulfil its responsibilities.
Article 4
Responsibilities
1. Where explicitly provided for in legal acts adopted by the ECB or in ethics rules adopted by the bodies involved in its decision-making processes, the Ethics Committee shall provide advice on questions of ethics on the basis of individual requests.
2. The Ethics Committee shall assume the responsibilities assigned to the Ethics Adviser appointed under the Code of Conduct for the members of the Governing Council and the responsibilities assigned to the ECB's Ethics Officer under the Supplementary Code of Ethics Criteria for the members of the Executive Board.
3. In order to assist the Audit Committee to carry out its assessment of the overall adequacy of the compliance framework of the ECB, the ESCB, the Eurosystem and the SSM, and of the effectiveness of the processes for monitoring compliance, the Ethics Committee shall report to the Audit Committee on the advice it has provided and the extent to which this advice has been implemented.
4. The Ethics Committee shall report annually to the Governing Council on the work it has undertaken. In addition, the Ethics Committee shall report to the Governing Council whenever it deems it appropriate and/or is required to discharge its responsibilities.
5. In addition to the responsibilities set out in this Article, the Ethics Committee may perform other activities related to this mandate, if so requested by the Governing Council.
Article 5
Information about the implementation of the advice
The addressees of the Ethics Committee's advice shall inform the Ethics Committee about the implementation of the Ethics Committee's advice.
Article 6
Entry into force
This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
Done at Frankfurt am Main, 17 December 2014.
The President of the ECB
Mario DRAGHI
(1) OJ L 80, 18.3.2004, p. 33.
(2) OJ C 123, 24.5.2002, p. 9.
(3) OJ C 104, 23.4.2010, p. 8.
(4) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).
Corrigenda
14.3.2015 |
EN |
Official Journal of the European Union |
L 70/61 |
Procès-verbal of rectification to the second additional protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, signed at Brussels on 24 July 2007
( Official Journal of the European Union L 251 of 26 September 2007 )
This rectification has been carried out by means of a procès-verbal of rectification signed at Brussels on 18 December 2014 with the Council as depository.
On page 12, Annex III, Table I ‘Horizontal Commitments’, heading:
for:
‘I. HORIZONTAL COMMITMENTS |
|||
ALL SECTORS INCLUDED IN THIS SCHEDULE’ |
|
|
|
read:
‘Modes of supply:
|
|||||||||||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||||||||
I. HORIZONTAL COMMITMENTS |
|||||||||||
ALL SECTORS INCLUDED IN THIS SCHEDULE’ |
|
|
|
on pages 13-25, Annex III, Table I ‘Horizontal Commitments’, heading:
for:
(no text) (1)
read:
‘Modes of supply:
|
|||||||||||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments’ |
on page 26, Annex III, Table II ‘Sector-Specific Commitments’, heading:
for:
|
read:
‘Modes of supply:
|
|||||||||||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||||||||
|
on pages 27-111, Annex III, Table II ‘Sector-Specific Commitments’, heading:
for:
(no text) (2)
read:
‘Modes of supply:
|
|||||||||||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments’ |
on page 115, Annex IV, Table I ‘Horizontal Commitments’, heading:
for:
‘I. HORIZONTAL COMMITMENTS |
|||
ALL SECTORS INCLUDED IN THIS SCHEDULE’ |
|
|
|
read:
‘Modes of supply:
|
|||||||||||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||||||||
I. HORIZONTAL COMMITMENTS |
|||||||||||
ALL SECTORS INCLUDED IN THIS SCHEDULE’ |
|
|
|
on pages 116-125, Annex IV, Table I ‘Horizontal Commitments’, heading:
for:
(no text) (3)
read:
‘Modes of supply:
|
|||||||||||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments’ |
on page 126, Annex IV, Table II.1 ‘Financial Services — Specific Commitments (first part) (1)’, heading:
for:
|
read:
‘Modes of supply:
|
|||||||||||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||||||||
|
on pages 127-142, Annex IV, Table II.1 ‘Financial Services — Specific Commitments (first part)’, heading:
for:
read:
‘Modes of supply:
|
|||||||||||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments’ |
on page 143, Annex IV, Table II.2. ‘Financial Services — Specific Commitments (second part)’, heading:
for:
|
read:
‘Modes of supply:
|
|||||||||||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
||||||||
|
on pages 144-155, Annex IV, Table II.2. ‘Financial Services — Specific Commitments (second part)’, heading:
for
(no text) (7)
read:
‘Modes of supply:
|
|||||||||||
Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitment’ |
(1) The heading does not appear in the signed Second Additional Protocol, but in keeping with the Publication Office's style, it does appear in the published version (OJ L 251, 26.9.2007, p. 13).
(2) The heading does not appear in the signed Second Additional Protocol, but in keeping with the Publication Office's style, it does appear in the published version (OJ L 251, 26.9.2007, p. 27-111).
(3) The heading does not appear in the signed Second Additional Protocol, but in keeping with the Publication Office's style, it does appear in the published version (OJ L 251, 26.9.2007, p. 116).
(4) Mistake in the signed Second Additional Protocol, for: “I.”, read: “II.1.”.
Mistake in the published version (OJ L 251, 26.9.2007, p. 126) for: “II.”, read: “II.1.”.
(5) The heading does not appear in the signed Second Additional Protocol, but in keeping with the Publication Office's style, it does appear in the published version (OJ L 251, 26.9.2007, p. 127).
(6) Mistake in the published version (OJ L 251, 26.9.2007, p. 127), for: ‘II.’, read: ‘II.1.’.
(7) The heading does not appear in the signed Second Additional Protocol, but in keeping with the Publication Office's style, it does appear in the published version (OJ L 251, 26.9.2007, p. 144).
14.3.2015 |
EN |
Official Journal of the European Union |
L 70/65 |
Corrigendum to Council Decision 2010/183/EU of 16 March 2010 amending Decision 2009/459/EC providing Community medium-term financial assistance for Romania
( Official Journal of the European Union L 83 of 30 March 2010 )
Contents, Title:
for:
‘2010/183/EU:
Council Decision of 16 March 2010 amending Decision 2009/459/EC providing Community medium-term financial assistance for Romania’
read:
‘2010/183/EU:
Council Decision of 16 February 2010 amending Decision 2009/459/EC providing Community medium-term financial assistance for Romania’
on page 19, Title:
for:
‘COUNCIL DECISION of 16 March 2010 amending Decision 2009/459/EC providing Community medium-term financial assistance for Romania (2010/183/EU)’
read:
‘COUNCIL DECISION of 16 February 2010 amending Decision 2009/459/EC providing Community medium-term financial assistance for Romania (2010/183/EU)’
on page 19, Concluding formula:
for:
‘Done at Brussels, 16 March 2010.’
read:
‘Done at Brussels, 16 February 2010.’