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ISSN 1977-0677 |
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Official Journal of the European Union |
L 76 |
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English edition |
Legislation |
Volume 58 |
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Contents |
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I Legislative acts |
page |
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DECISIONS |
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(1) Text with EEA relevance |
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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. |
I Legislative acts
DECISIONS
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20.3.2015 |
EN |
Official Journal of the European Union |
L 76/1 |
COUNCIL DECISION (EU, Euratom) 2015/457
of 17 March 2015
repealing Decision 2007/124/EC, Euratom establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme ‘Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks’
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the consent of the European Parliament,
Acting in accordance with a special legislative procedure,
Whereas:
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(1) |
Council Decision 2007/124/EC, Euratom (1) establishes the Specific Programme ‘Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks’ (‘the Programme’) covering the period from 1 January 2007 to 31 December 2013. |
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(2) |
A new regulation providing for financial support for police cooperation, preventing and combating crime, and crisis management as part of the Internal Security Fund is to be established for the period from 1 January 2014 to 31 December 2020 by Regulation (EU) No 513/2014 of the European Parliament and of the Council (2). |
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(3) |
Decision 2007/124/EC, Euratom should therefore be repealed with effect from 1 January 2014, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2007/124/EC, Euratom is hereby repealed with effect from 1 January 2014.
Article 2
1. The repeal provided for in Article 1 shall not affect the continuation or modification, including the total or partial cancellation, of projects covered by the Programme until their closure, or the financial assistance approved by the Commission on the basis of Decision 2007/124/EC, Euratom, or any other legal acts applying to that financial assistance on 31 December 2013.
2. When adopting decisions on co-financing under the instrument for financial support for police cooperation, preventing and combating crime, and crisis management as part of the Internal Security Fund, the Commission shall take account of measures adopted on the basis of Decision 2007/124/EC, Euratom before 20 March 2015 which have financial repercussions during the period covered by that co-financing.
3. Sums committed for co-financing approved by the Commission between 1 January 2011 and 31 December 2013 for which the documents required for closure of the operations have not been sent to the Commission by the deadline for submitting the final report shall be automatically decommitted by the Commission by 31 December 2017, giving rise to the repayment of amounts unduly paid.
Amounts relating to operations which have been suspended due to legal proceedings or administrative appeals having suspensory effect shall be disregarded in calculating the amount to be automatically decommitted.
4. The Commission shall submit to the European Parliament and to the Council, by 31 December 2015, a report on the results achieved and on quantitative aspects of the implementation of Decision 2007/124/EC, Euratom for the period from 2011 to 2013.
Article 3
1. This Decision shall enter into force on the same date as Regulation (EU) No 513/2014.
2. If Regulation (EU) No 513/2014 enters into force before the publication of this Decision in the Official Journal of the European Union, this Decision shall enter into force on the day following that of its publication.
Article 4
This Decision is addressed to the Member States in accordance with the Treaties.
Done at Brussels, 17 March 2015.
For the Council
The President
E. RINKĒVIČS
(1) Council Decision 2007/124/EC, Euratom of 12 February 2007 establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme ‘Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks’ (OJ L 58, 24.2.2007, p. 1).
(2) Regulation (EU) No 513/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (OJ L 150, 20.5.2014, p. 93).
II Non-legislative acts
REGULATIONS
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20.3.2015 |
EN |
Official Journal of the European Union |
L 76/3 |
COMMISSION REGULATION (EU) 2015/458
of 19 March 2015
amending Regulation (EC) No 657/2007 implementing Council Regulation (EC) No 1165/98 concerning short-term statistics as regards the establishment of European sample schemes
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1165/98 of 19 May 1998 concerning short-term statistics (1), and in particular the third subparagraph, in conjunction with point (d) of the first subparagraph, of Article 17 thereof,
Whereas:
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(1) |
Regulation (EC) No 1165/98 establishes a common framework for the production of short-term European statistics on the business cycle. |
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(2) |
Commission Regulation (EC) No 657/2007 (2) lays down rules and conditions applying to the transmission of data by Member States participating in European sample schemes for short-term statistics. These rules allow for the terms of the European sample schemes to be adapted to changes of the base year. |
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(3) |
The weightings for producing the European aggregates of all short-term statistics indicators were updated in 2013. This base-year change gave rise to a review of the NACE activity and CPA product headings selected for the individual Member States participating in the European sample schemes. The selection of NACE activity and CPA product headings should be adapted in order to reflect changes in recent years in the relevance of individual NACE activity and CPA product headings. |
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(4) |
Regulation (EC) No 657/2007 should therefore be amended accordingly. |
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(5) |
The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 657/2007 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2015.
For the Commission
The President
Jean-Claude JUNCKER
(2) Commission Regulation (EC) No 657/2007 of 14 June 2007 implementing Council Regulation (EC) No 1165/98 concerning short-term statistics as regards the establishment of European sample schemes (OJ L 155, 15.6.2007, p. 7).
ANNEX
The first reference period for the new headings referred to in the following tables shall be no later than January 2015 with effect from the introduction of base year 2015, before the end of 2018.
312 OUTPUT PRICES ON THE NON-DOMESTIC MARKET
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Member State |
Data scope in the European sample scheme (NACE Rev. 2) |
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Belgium |
10, 11, 13, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 35 |
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Ireland |
10, 11, 18, 20, 21, 26, 28, 32 |
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Cyprus |
10, 21 |
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Malta |
26 |
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Finland |
10, 16, 17, 19, 20, 22, 24, 25, 26, 27, 28 |
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Slovenia |
21, 22, 25, 27, 28, 29 |
340 IMPORT PRICES
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Member State |
Data scope in the European sample scheme (CPA) |
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Belgium |
05.10, 06.10, 06.20, 07.10, 07.20, 08.99, 10.20, 14.13, 14.14, 15.20, 17.12, 19.20, 20.13, 20.14, 20.15, 20.16, 20.59, 21.10, 21.20, 22.11, 24.10, 24.42, 24.44, 26.11, 26.20, 26.30, 26.40, 26.51, 28.11, 28.13, 28.23, 28.29, 28.92, 29.10, 29.32, 31.09, 32.12, 32.50 |
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Ireland |
06.10, 06.20, 19.20, 20.14, 21.10, 21.20, 26.20, 32.50 |
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Cyprus |
19.20 |
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Luxembourg |
26.20, 26.30 |
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Malta |
19.20, 26.11 |
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Austria |
06.10, 21.10, 21.20, 24.41, 26.20, 26.30, 29.10, 29.32 |
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Portugal |
06.10, 19.20, 29.10 |
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Finland |
06.10, 06.20, 07.20, 19.20, 21.20, 26.20, 26.30, 29.10 |
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Slovenia |
19.20, 29.10 |
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20.3.2015 |
EN |
Official Journal of the European Union |
L 76/6 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/459
of 19 March 2015
specifying the technical characteristics of the 2016 ad hoc module on young people on the labour market provided for by Council Regulation (EC) No 577/98
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 577/98 of 9 March 1998 on the organisation of a labour force sample survey in the Community (1), and in particular Article 7a(5) thereof,
Whereas:
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(1) |
In order to monitor progress towards the common objectives set out in the Europe 2020 Strategy and the related ‘Youth on the Move’ flagship initiative (2), it is necessary to have a comprehensive set of data on young people and their transition towards the labour market that allows comparisons to be made between Member States. |
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(2) |
In its Communication Rethinking Education: Investing in skills for better socioeconomic outcomes (3), the Commission encourages Member States to introduce reforms of their education systems, in order that young people are equipped with the right skills for employment. |
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(3) |
In its Resolution of 27 November 2009 on a renewed framework for European cooperation in the youth field (2010-18) (4), the Council underlines the need for better knowledge and understanding of the living conditions, values and attitudes of young women and men. |
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(4) |
In its Recommendation of 22 April 2013 on establishing a Youth Guarantee (5), the Council encourages Member States to implement Youth Guarantee schemes as soon as possible, preferably from the start of the 2014-20 multiannual financial framework. They are advised to make use of the EU's Common Strategic Framework Funds and the European Social Fund in particular for this purpose. |
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(5) |
In its Communication Working together for Europe's young people: A call to action on youth unemployment (6), the Commission encourages Member States to implement the Youth Guarantee and to invest in young people. It promotes online services that allow young people to search job opportunities advertised by employers from their own and other Member States, while also helping SMEs to recruit young people from across Europe. |
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(6) |
Commission Regulation (EU) No 318/2013 (7) establishes the 2016 ad hoc module on young people on the labour market. |
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(7) |
Commission Delegated Regulation (EU) No 1397/2014 (8) specifies and gives a description of the areas of specialised information (‘ad hoc sub-modules’) to be included in the 2016 ad hoc module on young people on the labour market. |
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(8) |
Regulation (EU) No 545/2014 of the European Parliament and of the Council (9) provides that the technical characteristics, the filters, the codes and the deadline for the transmission of data under each ad hoc sub-module referred to in recital 7 should be specified by the Commission. |
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(9) |
The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The technical characteristics of the 2016 ad hoc module on young people on the labour market, the filters and codes to be used, and the deadline by which data shall be sent to the Commission are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2015.
For the Commission
The President
Jean-Claude JUNCKER
(2) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Youth on the Move: An initiative to unleash the potential of young people to achieve smart, sustainable and inclusive growth in the European Union, adopted on 15 September 2010, COM(2010) 477 final.
(3) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Rethinking Education: Investing in skills for better socioeconomic outcomes, adopted on 20 November 2012, COM(2012) 669 final.
(4) OJ C 311, 19.12.2009, p. 1.
(5) OJ C 120, 26.4.2013, p. 1.
(6) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Working together for Europe's young people: A call to action on youth unemployment, adopted on 19 June 2013 — COM(2013) 447 final.
(7) Commission Regulation (EU) No 318/2013 of 8 April 2013 adopting the programme of ad hoc modules, covering the years 2016 to 2018, for the labour force sample survey provided for by Council Regulation (EC) No 577/98 (OJ L 99, 9.4.2013, p. 11).
(8) Commission Delegated Regulation (EU) No 1397/2014 of 22 October 2014 amending Regulation (EU) No 318/2013 adopting the programme of ad hoc modules, covering the years 2016 to 2018, for the labour force sample survey provided for by Council Regulation (EC) No 577/98 (OJ L 370, 30.12.2014, p. 42).
(9) Regulation (EU) No 545/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community (OJ L 163, 29.5.2014, p. 10).
ANNEX
This Annex sets out the technical characteristics, filters and codes to be used in the ad hoc module on young people on the labour market scheduled to be carried out in 2016. It also sets the dates for submission of data to the Commission.
Deadline for transmission of the results to the Commission: 31 March 2017.
Filters and codes to be used for sending data: as set out in Annex III to Commission Regulation (EC) No 377/2008 (1), as amended by Annex I to Commission Regulation (EU) No 317/2013 (2).
Columns reserved for optional weighting factors, to be used in cases of subsampling or non-response: columns 228-231 containing whole numbers and columns 232-233 containing decimal places.
Sub-module ‘Educational background’
Filter: 15≤AGE≤ 34
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Name/Column |
Code |
Description |
Filter |
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WORKEXP 211 |
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Work experience during studies |
HATLEVEL≠000 |
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Paid or unpaid work experience during the highest level of education (HATLEVEL) |
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1 |
Both paid and unpaid work experience |
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2 |
Paid work experience only |
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3 |
Unpaid work experience only |
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4 |
No work experience during HATLEVEL |
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9 |
Not applicable (not included in the filter) |
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Blank |
Unknown |
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WORKSTUD 212 |
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Work-based learning |
WORKEXP = 1-3 |
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Type of work experience that is part of the curriculum of the highest level of education (HATLEVEL) |
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1 |
Apprenticeship (operational Eurostat definition) |
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2 |
Mandatory traineeship |
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3 |
Mandatory work-based training where distinction between 1 and 2 is not possible |
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4 |
Optional traineeship (part of education) |
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5 |
Work outside the curriculum |
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9 |
Not applicable (not included in the filter) |
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Blank |
Unknown |
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ADDLEVEL 213-214 |
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Level of additional formal education |
EDUCSTAT = 2 |
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Level and orientation of formal education that person started after reaching highest level of education |
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00 |
No other formal education started after reaching the highest level of education |
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10 |
ISCED 1 |
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20 |
ISCED 2 |
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30 |
ISCED 3 where distinction by orientation is not possible |
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34 |
ISCED 3 general programme |
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35 |
ISCED 3 vocational programme |
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40 |
ISCED 4 where distinction by orientation is not possible |
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44 |
ISCED 4 general programme |
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45 |
ISCED 4 vocational programme |
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50 |
ISCED 5 |
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60 |
ISCED 6 |
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70 |
ISCED 7 |
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80 |
ISCED 8 |
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99 |
Not applicable (not included in the filter) |
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Blank |
Unknown |
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DROPREAS 215 |
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Reason for dropping out |
EDUCSTAT = 2 and ADDLEVEL≠00 |
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Main reason for not completing the level of formal education started |
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0 |
Completed last formal education |
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Did not complete last formal education due to: |
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1 |
The level of difficulty |
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2 |
Failure of study to meet needs or interest |
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3 |
The costs of studying |
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4 |
A wish to start working |
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5 |
Family reasons |
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6 |
Health reasons |
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7 |
Other |
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9 |
Not applicable (not included in the filter) |
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Blank |
Unknown |
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LEAVDATE 216-221 |
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Date of leaving formal education |
EDUCSTAT = 2 and ADDLEVEL≠00 |
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Year and month of leaving formal education |
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Enter the four digits of the year concerned |
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9999 |
Not applicable (not included in the filter) |
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Blank |
Unknown (year) |
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Enter the two digits of the month concerned |
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99 |
Not applicable (not included in the filter) |
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Blank |
Unknown (month) |
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NCONREAS 222 |
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Reason for not continuing education |
EDUCSTAT = 2 and ADDLEVEL = 00 and HATLEVEL = 000-500 |
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Main reason for not continuing formal education |
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0 |
Highest level of education was considered high enough |
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1 |
The level of difficulty |
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2 |
Failure of study to meet needs or interest |
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3 |
The costs of studying |
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4 |
A wish to start working |
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5 |
Family reasons |
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6 |
Health reasons |
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7 |
Other |
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9 |
Not applicable (not included in the filter) |
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Blank |
Unknown |
Sub-module ‘Finding a job’
Filter: 15≤AGE≤ 34
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Name/Column |
Code |
Description |
Filter |
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SUPPORT 223 |
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Support received for finding work |
(WSTATOR = 1,2 and STARTIME< 12) or WSTATOR = 3-5 |
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Most helpful type of support for finding a job received from public agencies during the previous 12 months |
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0 |
No support received |
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Most helpful type of support: |
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1 |
Assistance in finding job vacancies |
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2 |
Advice on how to apply for a job |
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3 |
Advice on opportunities for training and education |
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4 |
Being given a place on a work programme |
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5 |
Being given a place on an educational or training programme |
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6 |
Other |
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7 |
Support received, but not considered helpful |
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8 |
Support received, but level of helpfulness unknown |
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9 |
Not applicable (not included in the filter) |
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Blank |
Unknown |
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FINDMETH 224 |
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Method of finding current job |
STAPRO = 3 |
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Method used to find current main job |
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1 |
Advertisements, via any channel |
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2 |
Relatives, friends or acquaintances |
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3 |
Public employment office |
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4 |
Private employment agency |
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5 |
Education or training provider |
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6 |
Contacted employer directly |
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7 |
Employer contacted person directly |
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8 |
Other method |
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9 |
Not applicable (not included in the filter) |
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Blank |
Unknown |
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OKLEVEL 225 |
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Appropriateness of job given the respondent's level of education |
WSTATOR = 1,2 |
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Extent to which the respondent's current main job corresponds to their level of education |
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1 |
The job corresponds well to their education |
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2 |
The job corresponds to some extent to their education |
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3 |
The job does not correspond very well to their education |
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4 |
The job does not correspond at all to their education |
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9 |
Not applicable (not included in the filter) |
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Blank |
Unknown |
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MOVE4JOB 226 |
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Willingness to move for job |
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Willingness to change place of residence for a job |
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1 |
Respondent has moved or would be willing to move within their country |
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2 |
Respondent has moved or would be willing to move to another EU country |
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3 |
Respondent has moved or would be willing to move outside the EU |
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4 |
Respondent has not moved or would not be willing to move for a job |
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Blank |
Unknown |
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CMT4JOB 227 |
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Willingness to commute for job |
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|
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Willingness to have a long commute for a job |
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1 |
Respondent is currently commuting or would be willing to commute for longer than one hour (each direction) |
||
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2 |
Respondent is not currently commuting and would not be willing to commute for longer than one hour (each direction) |
||
|
Blank |
Unknown |
(1) Commission Regulation (EC) No 377/2008 of 25 April 2008 implementing Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community as regards the codification to be used for data transmission from 2009 onwards, the use of a subsample for the collection of data on structural variables and the definition of the reference quarters (OJ L 114, 26.4.2008, p. 57).
(2) Commission Regulation (EU) No 317/2013 of 8 April 2013 amending the Annexes to Regulations (EC) No 1983/2003, (EC) No 1738/2005, (EC) No 698/2006, (EC) No 377/2008 and (EU) No 823/2010 as regards the International Standard Classification of Education (OJ L 99, 9.4.2013, p. 1).
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/13 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/460
of 19 March 2015
laying down implementing technical standards with regard to the procedure concerning the approval of an internal model in accordance with Directive 2009/138/EC of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1) and in particular Article 114(2) thereof,
Whereas:
|
(1) |
Insurance and reinsurance undertakings need to comply with Directive 2009/138/EC requirements for internal models. They may change their internal model in accordance with the approved policy for changing the model pursuant to Article 115 of Directive 2009/138/EC. |
|
(2) |
Major changes to the internal model, a combination of minor changes that is considered a major change, and changes to the policy for changing the model are subject to prior supervisory approval. Rules with regard to the procedure to be followed concerning the approval process for internal models should apply in a consistent manner to the approval of major changes to the internal model and to any changes to the policy for changing the model. |
|
(3) |
The inclusion of new elements in the internal model, such as the inclusion of additional risks not included in the scope of the internal model or business units, are subject to supervisory approval as laid down in Article 112 of Directive 2009/138/EC. |
|
(4) |
Due to interdependencies between different approval applications under Directive 2009/138/EC, when applying for approval of an internal model, the insurance or reinsurance undertaking should inform the supervisory authority of other applications for approval of the items listed in Article 308a(1) of Directive 2009/138/EC, which are currently ongoing or foreseen within the next 6 months. Such a requirement is necessary to ensure supervisory assessments are based on transparent and unbiased information. |
|
(5) |
The procedure to be followed for the approval of an internal model and major changes to the internal model should envisage ongoing communication between the supervisory authorities and the insurance or reinsurance undertaking. It is appropriate to begin the communication before the formal application is submitted to the supervisory authorities. That communication should continue after the internal model or major change is approved through the supervisory review process. |
|
(6) |
During the approval process supervisory authorities should be able to request adjustments to the internal model or for a transitional plan as set out in Article 113 of Directive 2009/138/EC. |
|
(7) |
The provisions set out in this Regulation on the procedures to be followed concerning the approval, the approval of changes to the internal model and the approval of the policy for changing the model for internal models used at individual level should apply in a consistent manner to the procedures for internal models for the calculation of the consolidated group Solvency Capital Requirement and for group internal models. |
|
(8) |
This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority to the European Commission. |
|
(9) |
The European Insurance and Occupational Pensions Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council (2). |
|
(10) |
In order to enhance legal certainty about the supervisory regime during the phasing-in period provided for in Article 308a of Directive 2009/138/EC, which will start on 1 April 2015, it is important to ensure that this Regulation enters into force as soon as possible, on the day after that of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation specifies:
|
(a) |
the procedure referred to in Article 112 of Directive 2009/138/EC as regards the approval of applications submitted by insurance and reinsurance undertakings to use full and partial internal models for the calculation of the Solvency Capital Requirement; |
|
(b) |
the procedure as regards the approval of applications submitted by insurance and reinsurance undertakings for a major change to the internal model and of changes to the policy for changing the internal model according to Article 115 of Directive 2009/138/EC. |
Article 2
Application to calculate the Solvency Capital Requirement using an internal model
1. An insurance or reinsurance undertaking shall submit a written application for approval to calculate the Solvency Capital Requirement using an internal model to the supervisory authority.
2. The application shall be submitted in one of the official languages of the Member State in which the insurance or reinsurance undertaking has its head office or in a language that has been agreed upon with the supervisory authorities.
3. Where applying to use an internal model to calculate the Solvency Capital Requirement, insurance and reinsurance undertakings shall submit documentary evidence setting out how the internal model fulfils the requirements set out in Articles 101 and 120 to 125 of Directive 2009/138/EC, and in the case of a partial internal model also Article 113 of Directive 2009/138/EC. The supervisory authority may request additional information in accordance with Article 3.
4. The documentary evidence referred to in paragraph 3 shall include, at least, the following:
|
(a) |
a cover letter including:
|
|
(b) |
an explanation of how the internal model covers all the material and quantifiable risks of the insurance or reinsurance undertaking. Where the application for the approval relates to a partial internal model, the explanation shall be limited to the material and quantifiable risks within the scope of the partial internal model and the insurance or reinsurance undertaking shall also provide an explanation of how the additional conditions referred to in Article 113 of Directive 2009/138/EC have been satisfied; |
|
(c) |
an explanation of the adequacy and effectiveness of the integration of the internal model into the risk management system and the role it plays in the system of governance, including how the internal model allows the insurance or reinsurance undertaking to identify, measure, monitor, manage and report risks on a continuous basis; for this purpose, the application shall include the relevant extracts of the risk management policy referred to in Article 41(3) of Directive 2009/138/EC; |
|
(d) |
an assessment and a justification by the insurance or reinsurance undertaking of the material strengths, weaknesses, and limitations of the internal model, including a self-assessment of the compliance with the requirements referred to in paragraph 2; the insurance or reinsurance undertaking shall also outline its plan for the future improvement of the internal model in order to address identified weaknesses or limitations or to develop or extend the internal model; |
|
(e) |
where the insurance or reinsurance undertaking is part of a group using an internal model for the calculation of the Solvency Capital Requirement or where an application to use any internal model for calculating the consolidated group Solvency Capital Requirement was submitted without having received the notification of the decision, a justification on why the group internal model is not fit for the risk profile of the undertaking and the differences between the internal model to be used at individual level and the group internal model; |
|
(f) |
the technical specifications of the internal model, including a detailed description of the structure of the internal model, together with a list and justification of the assumptions underlying the internal model where an adjustment to these assumptions would have a significant impact on the Solvency Capital Requirement; |
|
(g) |
an explanation of the adequacy of the internal control system of the insurance or reinsurance undertaking taking into account the structure and coverage of the model; |
|
(h) |
an explanation of the adequacy of the resources, skills and objectivity of the personnel responsible for the development and validation of the internal model; |
|
(i) |
the policy for changing the internal model referred to in Article 115 of Directive 2009/138/EC; |
|
(j) |
a description of the process which ensures the consistency between the methods used to calculate the probability distribution forecast with the methods used to calculate technical provisions according to Article 121(2) of Directive 2009/138/EC; |
|
(k) |
a directory of data used in the internal model, specifying their source, characteristics and usage and a description of the process which ensures that data are accurate, complete and appropriate; |
|
(l) |
the results of the last profit and loss attribution and the specification of the profit and loss attribution in accordance with Article 123 of Directive 2009/138/EC including the profit and loss, the major business units of the undertaking and the attribution of the overall profit or loss to the risk categories and major business units; |
|
(m) |
a description of the independent validation process of the internal model and a report of the results of the last validation in accordance with Article 124 of Directive 2009/138/EC, including what recommendations were made and how they were acted upon; |
|
(n) |
the inventory of the documents that form part of the documentation of the internal model set out in Article 125 of Directive 2009/138/EC; |
|
(o) |
where an insurance or reinsurance undertaking uses a model or data obtained from a third party as referred to in Article 126 of Directive 2009/138/EC, a demonstration that the use of such external model or data does not impair the ability of the insurance or reinsurance undertaking to meet the requirements set out in Articles 101 and 120 to 125 of that Directive and in the case of a partial internal model pursuant to Article 113 of that Directive, the suitability for the use of that model or data within the internal model and an explanation of the preference of external models or data to internal models or data; |
|
(p) |
an estimation of the Solvency Capital Requirement calculated with the internal model at the most granular level according to the insurance or reinsurance undertaking risk categorisation, and an estimation of the Solvency Capital Requirement calculated with the standard formula at the most granular level of the standard formula for the last point in time prior to the date of the submission of the application where the Solvency Capital Requirement was calculated with the standard formula. In case of an application before any Solvency Capital Requirement is calculated, the estimation of the Solvency Capital Requirement according to the standard formula shall be calculated with the standard formula parameters and not parameters specific to the insurance or reinsurance undertaking; |
|
(q) |
an identification of those parts of the business of the insurance or reinsurance undertaking which have been classified as a major business unit and a justification for this classification; |
|
(r) |
in the case of partial internal models, an explanation of how the integration technique proposed fulfils the requirements set out in Article 113(1) of Directive 2009/138/EC, and, in case of a technique different from the default one referred to in Article 239(1) of the Commission Delegated Regulation (EU) 2015/35 (3), a justification of the integration technique proposed. |
5. The insurance and reinsurance undertaking shall submit documentary evidence of the approval of the application by the administrative, management or supervisory bodies as set out in Article 116 of Directive 2009/138/EC.
6. The insurance or reinsurance undertaking shall provide an inventory of all the documents and sets of evidence included in the application. Where the content of a document is relevant for other documents, the insurance or reinsurance undertaking shall highlight the nature of the relevance and include cross-references.
Article 3
Assessment of the application
1. The supervisory authority shall confirm receipt of the application of the insurance or reinsurance undertaking.
2. The supervisory authorities shall determine whether the application is complete within 30 days from the date of the receipt of the application. An application to use an internal model to calculate the Solvency Capital Requirement shall be considered to be complete if it includes all the documentary evidence set out in Article 2(2).
3. Where the supervisory authorities determine that the application is not complete, they shall immediately inform the insurance or reinsurance undertaking which has submitted the application that the 6-month approval period has not begun and specify the reasons why the application is not complete.
4. Where the supervisory authorities determine that the application is complete, they shall inform the insurance or reinsurance undertaking which has submitted the application that the application is complete and the date from which the 6-month period starts. That date shall be the date on which the complete application was received.
5. Where the supervisory authorities have considered an application to be complete, this shall not prevent the supervisory authority from requesting additional information necessary for carrying out its assessment. The request shall specify the additional information required and shall include the reasons for the request.
6. The insurance or reinsurance undertaking shall ensure that all documents referred to in Article 125 of Directive 2009/138/EC are made available, including in electronic form whenever possible, to the supervisory authorities throughout the assessment of the application.
7. The assessment of the application shall involve ongoing communication with the insurance or reinsurance undertaking and may include requests for adjustments to the internal model and, in the case of a partial internal model, for a transitional plan as set out in Article 113 of Directive 2009/138/EC.
8. If the supervisory authorities determine that it could be possible to approve the internal model subject to adjustments being made to the internal model, they may notify this to the insurance or reinsurance undertaking.
9. Where supervisory authorities request further information or adjustments to the internal model, the insurance or reinsurance undertaking may request a suspension of the 6-month approval period referred to in Article 112(4) of Directive 2009/138/EC. That suspension shall end once the insurance or reinsurance undertaking has made the necessary adjustments and the supervisory authorities have received an amended application providing documentary evidence of the adjustments. The supervisory authorities shall then inform the insurance or reinsurance undertaking of the new expiry date of the approval period.
Article 4
Right to withdraw the application by the undertaking
The insurance or reinsurance undertaking which has submitted the application to use the internal model to calculate the Solvency Capital Requirement may withdraw that application in writing by notifying to the supervisory authority at any time before the decision on the application is reached.
Article 5
Decision on the application
1. The supervisory authority shall only approve the application for the use of an internal model if it is satisfied that the systems of the insurance or reinsurance undertaking for identifying, measuring, monitoring, managing and reporting risk are adequate, and in particular if it is satisfied that the internal model fulfils the requirements set out in Articles 101, 112 and 120 to 125 of Directive 2009/138/EC and also Article 113 of that Directive in the case of a partial internal model.
2. In addition, the supervisory authority shall only approve the application for the use of an internal model if it is satisfied that the policy for changing the model fulfils the requirements set out in Article 115 of Directive 2009/138/EC. When the supervisory authority has reached a decision on an application, it shall, without delay, notify its decision in writing to the insurance or reinsurance undertaking. That decision shall include:
|
(a) |
where the supervisory authority approves the application, the starting date from which the model shall be used to calculate the Solvency Capital Requirement; |
|
(b) |
where the supervisory authority approves the application, any terms and conditions related to the approval decision together with the reasons for those terms and conditions; |
|
(c) |
where the supervisory authority rejects the application, the reasons on which the decision is based; |
|
(d) |
where the supervisory authority has requested a transitional plan in accordance with Article 113 of Directive 2009/138/EC, a decision about the approval of the transitional plan referred to in Article 6. |
3. Supervisory authorities shall not disclose that an insurance or reinsurance undertaking has applied to use an internal model to calculate the Solvency Capital Requirement, and that an application was rejected or withdrawn.
Article 6
Transitional plan to extend the scope of the model
1. In the case referred to in Article 113(2) of Directive 2009/138/EC, the supervisory authority shall explain the reasons for requiring a transitional plan and set the minimum scope which the internal model must cover after the implementation of the transitional plan.
2. The transitional plan shall be approved by the administrative, management or supervisory body of the insurance or reinsurance undertaking and shall clearly identify the period for implementing the plan, the extension of the scope and the measures and resources necessary to extend the scope of the internal model. Supervisory authorities shall evaluate the plan presented by the undertaking. The supervisory authority may, where necessary, require an amended transitional plan, approved by the administrative, management or supervisory body, to be submitted for approval.
3. When the undertaking fails to implement the transitional plan to extend the scope of the model, the supervisory authority may, without prejudice to any other available supervisory measures, take any of the following measures:
|
(a) |
extend the time period to implement the plan; |
|
(b) |
extend the time period to implement the plan, subject to amendments to the plan; |
|
(c) |
require the insurance or reinsurance undertaking to calculate the Solvency Capital Requirement according to the standard formula set out in Articles 103 to 111 of Directive 2009/138/EC; |
|
(d) |
allow the use of a partial internal model with a more limited scope than the minimum scope referred to in paragraph 1. |
Article 7
Changes to the internal model
1. The insurance or reinsurance undertaking shall include in the application for approval of a major change to the internal model documentary evidence that after applying the major changes to the internal model the requirements set out in Articles 101, 112 and 120 to 126 of Directive 2009/138/EC and also Article 113 of that Directive in the case of a partial internal model, would be complied with.
2. The insurance or reinsurance undertaking shall include in the application the documents set out in Article 2 where their content would be affected by the major change to the internal model, together with an indication of the changes made to them, and a detailed description of the qualitative and quantitative impacts of the major change to the approved internal model and its results.
Article 8
Changes to the policy for changing the internal model
1. The insurance or reinsurance undertaking shall include in the application for approval of a change to the policy for changing the internal model the reason for changing the policy for changing the internal model and evidence that, after applying the changes, the requirements to approve this policy would be complied with.
2. Supervisory authorities shall approve the application to change the policy for changing the internal model only if they are satisfied that the scope of the policy is comprehensive and that the procedures described in the policy for changing the internal model ensure that the internal model meets on a continuous basis the requirements set out in Articles 101, 112 and 120 to 125 of Directive 2009/138/EC and, in the case of a partial internal model, also Article 113 of that Directive.
Article 9
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 335, 17.12.2009, p. 1.
(2) Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).
(3) Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/19 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/461
of 19 March 2015
laying down implementing technical standards with regard to the process to reach a joint decision on the application to use a group internal model in accordance with Directive 2009/138/EC of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/138/EC of 25 November 2009 of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1) and in particular Article 231(4) thereof,
Whereas:
|
(1) |
An efficient exchange of appropriate information between the national supervisory authorities concerned is essential for the provision of an effective process for the reaching of a joint decision on group internal models. |
|
(2) |
In order to ensure a consistent application of the process for reaching a joint decision, it is important that each step be well defined. A clear process also facilitates exchange of information, promotes mutual understanding, develops relationships between the supervisory authorities concerned and promotes effective supervision. |
|
(3) |
Timely and realistic planning for the joint decision process is essential. Every supervisory authority concerned should provide the group supervisor with relevant information on a timely basis. |
|
(4) |
Establishing and documenting clear processes for the content and implementation of the joint decision should ensure that it is fully reasoned. |
|
(5) |
The process to reach a joint decision on the application to use a group internal model should be consistent for the joint decision on major changes and for changes to the policy for changing the model for group internal models. |
|
(6) |
This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority (EIOPA) to the Commission. |
|
(7) |
EIOPA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council (2), |
|
(8) |
In order to enhance legal certainty about the supervisory regime during the phasing-in period provided for in Article 308a of Directive 2009/138/EC, which will start on 1 April 2015, it is important to ensure that this Regulation enters into force as soon as possible, on the day after that of its publication in the Official Journal of the European Union. |
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and Scope
This Regulation specifies the procedures to be followed by the supervisory authorities in order to reach a joint decision, referred to in Article 231(2) of Directive 2009/138/EC, on the application for permission to use a group internal model to calculate the consolidated group Solvency Capital Requirement, as well as the Solvency Capital Requirement of insurance and reinsurance undertakings in the group.
Article 2
Definition
For the purpose of this Regulation, ‘supervisory authorities concerned’ are the supervisory authorities of all the Member States in which the head offices of each related insurance and reinsurance undertakings applying for the use of a group internal model to calculate their Solvency Capital Requirement are situated.
Article 3
Agreement on the process
1. The supervisory authorities concerned shall agree on the process to reach and the way to formalise a joint decision including timeline, main steps and deliverables, also taking into account the requirements set out in Directive 2009/138/EC as further specified in the Commission Delegated Regulation (EU) 2015/35 (3) supplementing Directive 2009/138/EC. In order to do everything within their power to reach a joint decision according to Article 231(2) of Directive 2009/138/EC, every supervisory authority concerned shall ensure that the main steps and deliverables set out for the agreed process are followed in a timely way.
2. The supervisory authorities concerned shall take into account when agreeing on the process, any legal impediments or internal processes that may restrict them to give their formal view on the application within the specified timeframe. To this end, all supervisory authorities concerned shall inform the other ones about any legal impediments or internal processes that may exist in their respective supervisory authority.
3. The supervisory authorities concerned shall provide the other authorities concerned with any information that may be relevant for the decision on the application as soon as practical.
4. In the case a supervisory authority concerned raises a matter regarding the process, in particular when consensus on a decision is not likely to be reached, it shall explain the reasons for this to the other supervisory authorities concerned and indicate whether it intends to refer the matter to EIOPA according to Article 231(3) of Directive 2009/138/EC. The group supervisor shall discuss with all supervisory authorities concerned with the aim to find a solution to the matter. The supervisory authorities shall agree on a timeframe to reach a solution.
5. If no satisfactory solution is reached in the agreed timeframe and the relevant supervisory authority decides to refer the matter to EIOPA, it shall do it without delay.
Article 4
Proposal for a decision
1. Before making a proposal for a decision, the supervisory authorities concerned shall confirm that the assessment of the application has been finalized and that the outcome of this assessment constitutes the basis for making a decision on the application.
2. The other supervisory authorities concerned shall give their input on the proposal for a decision to the group supervisor in writing by summarising the outcome of the assessment made.
3. The group supervisor, with the input of the other supervisory authorities concerned referred to in paragraph 2, shall draft a written proposal for a decision, including, if applicable, the terms and conditions the proposed decision is subject to. This proposal shall include the reasons for the decision and, if applicable, for the terms and conditions.
4. When drafting a proposal for a decision, the group supervisor shall consider, if appropriate, the views expressed during the assessment of the application by the other supervisory authorities concerned regarding the appropriateness of the group internal model for the calculation of the consolidated group Solvency Capital Requirement. If relevant, the group supervisor shall also take into consideration the views from the other supervisory authorities within the college of supervisors regarding the group internal model.
5. The group supervisor shall send the proposal for a decision to the supervisory authorities concerned and, where appropriate, to the other members and participants of the college.
6. The other supervisory authorities concerned shall provide in writing to the group supervisor their opinion on the proposal for a decision, including, if applicable, their opinion on the terms and conditions to which the proposed decision is subject. The group supervisor shall aggregate the opinions received and provide a synthesis of them to the other supervisory authorities concerned.
7. The group supervisor shall organise at least a session with the other supervisory authorities concerned to discuss the proposal for a decision and the opinions provided. These sessions may take place as a physical meeting or, when agreed by all the supervisory authorities concerned, through other means. The discussion shall aim at reaching consensus on a joint decision. Every supervisory authority concerned shall then confirm its views or send in writing its final views and reservations to the group supervisor.
Article 5
Final decision
1. In the case set out in Article 231(5) of Directive 2009/138/EC when a joint decision has been reached, the group supervisor shall:
|
(a) |
document the final decision on the application and, if applicable, on the terms and conditions to which the decision is subject; |
|
(b) |
send the final decision to all college members and, where appropriate, to participants, together with the views of the supervisory authorities concerned. |
In the case referred to in the first subparagraph, the agreement on the final decision shall be confirm in writing by representatives of the supervisory authorities concerned with appropriate authority to commit their respective authorities.
2. In the case set out in Article 231(6) of Directive 2009/138/EC when a joint decision has not been reached, the group supervisor shall:
|
(a) |
document its final decision; |
|
(b) |
document the views and reservations referred to in Article 4(7); |
|
(c) |
state the views and reservations from the relevant supervisory authorities concerned and, if applicable, why the group supervisor has deviated from these views when providing the supervisory authorities concerned with a document setting out its decision according to Article 231(6) of Directive 2009/138/EC; |
|
(d) |
send the decision to the rest of college members and where appropriate to participants, together with the views and reservations of the supervisory authorities concerned. |
Article 6
Notification of the decision
1. When a final decision is made, the group supervisor shall notify the decision to the applicant without delay.
2. In case of permission to use the group internal model the group supervisor shall include in the decision:
|
(a) |
if the decision was a joint decision according to Article 231(5) of Directive 2009/138/EC or made by the group supervisor according to Article 231(6) of Directive 2009/138/EC; |
|
(b) |
the reasons for the decision; |
|
(c) |
the names of the related undertakings included in the scope of the internal model for the calculation of the group Solvency Capital Requirement; |
|
(d) |
the names of the related undertakings allowed to use the group internal model to calculate their Solvency Capital Requirement; |
|
(e) |
if relevant, the risks and major business units within the scope of a partial internal model; |
|
(f) |
the starting date from which the solvency capital requirements listed in points (c) and (d) shall be calculated using the group internal model; |
|
(g) |
if relevant, the terms and conditions to which the permission to use the group internal model is subject, ant the reasons for these terms and conditions; |
|
(h) |
if relevant, a requirement for the undertaking to develop and provide a plan to extend the scope of the internal model, including the description and timeframe of the plan; |
|
(i) |
if relevant the integration technique approved to be used to integrate the partial internal model into the solvency capital requirement standard formula. |
3. In case of rejection to use the group internal model, the group supervisor shall include in the decision a brief description of the parts or aspects of the internal model that do not comply with the requirements to use a group internal model, as well as the precise reference to the requirements that are not complied with. The notification shall also state that the rejection does not imply that other requirements have been assessed as complied with.
Article 7
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 335, 17.12.2009, p. 1.
(2) Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).
(3) Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/23 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/462
of 19 March 2015
laying down implementing technical standards with regard to the procedures for supervisory approval to establish special purpose vehicles, for the cooperation and exchange of information between supervisory authorities regarding special purpose vehicles as well as to set out formats and templates for information to be reported by special purpose vehicles in accordance with Directive 2009/138/EC of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/138/EC of 25 November 2009 of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and in particular Article 211(2)(a) and (b) thereof,
Whereas:
|
(1) |
Special purpose vehicles require supervisory approval to be established prior to assuming risks from insurance or reinsurance undertakings. The conditions and procedures to be followed for granting and withdrawing this approval, including documentation requirements, are regulated by Directive 2009/138/EC and should be complemented by this Regulation. |
|
(2) |
Where a special purpose vehicle assumes risks from more than one insurance or reinsurance undertaking, the special purpose vehicle should maintain assets equal to or exceeding its aggregate maximum risk exposure taking into account each individual contractual obligation. When granting supervisory approval, the supervisory authority should assess whether this obligation is being met and consider each individual contractual arrangement and risk transfer. |
|
(3) |
It is important to set procedures for the cooperation and exchange of information between supervisory authorities, where the special purpose vehicle is established in a Member State which is not the Member State where the insurance or reinsurance undertaking, from which it assumes risk, is established. The cooperation and exchange of information between those supervisory authorities is particularly important during the process of the supervisory approval of the special purpose vehicle. Also, if there are material changes that potentially affect the special purpose vehicle's compliance with the requirements of Article 211 of Directive 2009/138/EC and when the authorisation is withdrawn or lapses, the cooperation and exchange of information between those supervisory authorities is necessary to ensure effective and efficient supervision. |
|
(4) |
The supervisory reporting requirements, which are set out in Article 325 of Commission Delegated Regulation (EU) 2015/35 (2), should enable the supervisory authorities of the special purpose vehicles to assess continued compliance with the relevant requirements. Those requirements should be complemented by the templates and formats set out in this Regulation. |
|
(5) |
For a clearer understanding of the appropriate technical rules to be laid down, it is necessary to define the term multi-arrangement special purpose vehicle. |
|
(6) |
This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority (EIOPA) to the Commission. |
|
(7) |
EIOPA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Insurance and Reinsurance Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council (3). |
|
(8) |
In order to enhance legal certainty about the supervisory regime during the phasing-in period provided for in Article 308a of Directive 2009/138/EC, which will start on 1 April 2015, it is important to ensure that this Regulation enters into force as soon as possible, on the day after that of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation sets out:
|
(a) |
the procedures to be followed for granting and withdrawing supervisory approval to establish special purpose vehicles; |
|
(b) |
the procedures to be followed for cooperation and exchange of information between the supervisory authority of the Member State in which the special purpose vehicle is established and the supervisory authority of the Member State in which the insurance or reinsurance undertaking transferring risk is established; |
|
(c) |
the formats and templates to be used for the annual reporting of information by the special purpose vehicle. |
Article 2
Definition
For the purposes of this Regulation, ‘multi-arrangement special purpose vehicle’ means a special purpose vehicle which assumes risks under more than one separate contractual arrangement from one or more insurance or reinsurance undertakings.
Article 3
Supervisory approval to establish special purpose vehicles
The special purpose vehicle shall seek authorisation from the supervisory authority of the Member State to establish its head office within the territory of that Member State.
Article 4
Decision of the supervisory authority
1. The supervisory authority of the Member State in which the special purpose vehicle is established or is to be established shall decide on an application for authorisation within six months of the date of its receipt.
2. In its decision to grant supervisory approval the supervisory authority shall state the activities for which the special purpose vehicle is authorised and, where relevant, any terms and conditions relating to those activities.
3. Any decision to refuse an authorisation shall state full reasons and shall be communicated to the applicant by the supervisory authority.
Article 5
Demonstration and documentation requirements
When applying for supervisory approval to establish, the special purpose vehicle shall demonstrate that the requirements set out in Articles 318 to 324, 326 and 327 of Delegated Regulation (EU) 2015/35 are met and that the special purpose vehicle is capable of meeting the requirements of Article 325 of Delegated Regulation (EU) 2015/35 by providing documentary evidence of that in its application. When submitting an application for authorisation, the applicant shall submit, at least, the supporting documentation as set out in Annex I. The documentation shall cover the structure of the special purpose vehicle, the risk to be assumed and the funding of that special purpose vehicle.
Article 6
Withdrawal of authorisation
1. The supervisory authority granting supervisory approval to establish the special purpose vehicle may withdraw the authorisation of that special purpose vehicle where:
|
(a) |
the special purpose vehicle no longer fulfils the original conditions under which the approval to establish that special purpose vehicle was granted; |
|
(b) |
the special purpose vehicle fails seriously in its obligations under the regulations to which it is subject. |
2. In the case referred to in paragraph (1)(b) above, the supervisory authority shall consider the special purpose vehicle to have committed a serious failure where it does not comply with the requirement to remain fully funded and the supervisory authority considers that the special purpose vehicle cannot restore its compliance within a reasonable timeframe.
3. Any decision to withdraw authorisation shall state the full reasons and shall be communicated to the special purpose vehicle without delay.
Article 7
Multi-arrangement special purpose vehicle
1. When applying for supervisory approval to establish a multi-arrangement special purpose vehicle, the applicant shall additionally demonstrate to the satisfaction of its supervisory authority that its solvency cannot be adversely affected by the winding-up proceedings of any one of the insurance or reinsurance undertakings transferring risks and that the multi-arrangement special purpose vehicle can maintain the solvency requirement at all times.
2. When demonstrating that the multi-arrangement special purpose vehicle's solvency cannot be adversely affected by the winding-up proceedings of any one of the insurance or reinsurance undertakings transferring risk, the multi-arrangement special purpose vehicle shall provide sufficient supporting evidence to allow its supervisory authority to assess the multi-arrangement special purpose vehicle's overall aggregate maximum risk exposure and the aggregate maximum risk exposure of each individual contractual arrangement relating to the transfer of risk from an insurance or reinsurance undertaking.
3. When applying for supervisory approval to establish a multi-arrangement special purpose vehicle, the applicant shall provide sufficient supporting evidence that it satisfies the conditions set out in Articles 319 to 321 and 326 of the Implementing Measures taking into account each individual contractual arrangement in order to determine whether the multi-arrangement special purpose vehicle complies with the solvency requirements.
4. Where the applicant is not able to provide sufficient supporting evidence in line with the provisions of paragraphs 1 to 3, the supervisory authority shall refuse the application for the establishment of the multi-arrangement special purpose vehicle.
Article 8
Ongoing cooperation between supervisory authorities
1. Where the special purpose vehicle which assumes risk from an insurance or reinsurance undertaking is established in a Member State which is not the Member State in which the insurance or reinsurance undertaking is authorised, the supervisory authorities concerned shall cooperate on an ongoing basis.
2. The supervisory authorities shall exchange information relevant to the exercise of supervisory tasks, including information on any planned supervisory actions against the special purpose vehicle or the insurance and reinsurance undertakings transferring risk where this may affect the supervision of that special purpose vehicle or the insurance and reinsurance undertakings transferring risk. In such circumstances, the supervisory authorities shall communicate without delay.
Article 9
Prior consultation before granting an authorisation
Prior to granting authorisation, the supervisory authority from which supervisory approval to establish a special purpose vehicle is sought shall consult with the supervisory authority of the Member State in which the insurance or reinsurance undertaking transferring risk is established.
Article 10
Communication of changes
The special purpose vehicle's supervisory authority shall communicate without delay any relevant information received from a special purpose vehicle according to Article 325(5) of Delegated Regulation (EU) 2015/35 relating to any changes that could affect the special purpose vehicle's compliance with the requirements set out in Articles 318 to 324, 326 and 327 of Delegated Regulation (EU) 2015/35 to the supervisory authority of the insurance or reinsurance undertaking transferring risk to that special purpose vehicle. The supervisory authority shall communicate without delay the special purpose vehicle's breach of solvency requirements.
Article 11
Communication of withdrawal of authorisation
In the event of withdrawal of a special purpose vehicle's authorisation, that special purpose vehicle's supervisory authority shall notify the supervisory authority of the insurance or reinsurance undertaking transferring risk to that special purpose vehicle without delay.
Article 12
Communication of the annual report
The special purpose vehicle's supervisory authority shall share the annual report of the special purpose vehicle, submitted according to Article 325(3) and (4) of Delegated Regulation (EU) 2015/35, with the supervisory authority of the insurance or reinsurance undertaking transferring risk to that special purpose vehicle without delay. In case of a multi-arrangement special purpose vehicle, the multi-arrangement special purpose vehicle's supervisory authority may share with the supervisory authorities only those parts of the report that relate to the insurance and reinsurance undertaking established in the Member State of those supervisory authorities.
Article 13
Quantitative content of the annual report
In line with Article 325 of Delegated Regulation (EU) 2015/35, the special purpose vehicle shall submit annually to its supervisory authority quantitative information following the formats and templates, as set out in Annex II and in accordance with the instructions in Annex III, and comprising:
|
(a) |
content of submission, as specified in template SPV.01.01 of Annex II, according to the instructions in Annex III under the reference SPV.01.01; |
|
(b) |
basic information on the special purpose vehicle, as specified in template SPV.01.02 of Annex II, according to the instructions in Annex III under the reference SPV.01.02; |
|
(c) |
balance sheet data of the special purpose vehicle, distinguishing the material classes of assets, liabilities and equity items, including debt or other financing mechanism issued, as specified in template SPV.02.01 of Annex II, according to the instructions in Annex III under the reference SPV.02.01; |
|
(d) |
off-balance sheet data of the special purpose vehicle, as specified in template SPV.02.02 of Annex II, according to the instructions in Annex III under the reference SPV.02.02; |
|
(e) |
risks assumed regarding each individual contractual arrangement relating to the transfer of risk from an insurance or reinsurance undertaking, as specified in template SPV.03.01 of Annex II, according to the instructions in Annex III under the reference SPV.03.01; |
|
(f) |
list of debt securities or other financing mechanism issued regarding each individual contractual arrangement relating to the transfer of risk from an insurance or reinsurance undertaking, as specified in template SPV.03.02 of Annex II, according to the instructions in Annex III under the reference SPV.03.02. |
Article 14
Qualitative content of the annual report
In line with Article 325 of Delegated Regulation (EU) 2015/35, the special purpose vehicle shall submit annually to its supervisory authority qualitative information covering the following:
|
(a) |
an adequate description of the basis, methods and assumptions used for the valuation of the assets; |
|
(b) |
an adequate description of the basis, methods and assumptions used for the determination of the aggregate maximum risk exposure; |
|
(c) |
details of any conflicts of interest between the special purpose vehicle, the insurance or reinsurance undertakings and the providers of debt or finance; |
|
(d) |
details of any significant transactions entered into by the special purpose vehicle during the last reporting period; |
|
(e) |
information to demonstrate that the special purpose vehicle continues to be fully funded, including:
|
|
(f) |
if the special purpose vehicle has not continuously complied with the requirement to be fully funded during the reporting period, the special purpose vehicle shall report any relevant information on that non-compliance and its rectification according to Article 326 of Delegated Regulation (EU) 2015/35 during the reporting period; |
|
(g) |
qualitative information on any changes that could affect the special purpose vehicle's compliance with the requirements set out in Articles 318 to 324, 326 and 327 of Delegated Regulation (EU) 2015/35. |
Article 15
Description of the risks assumed by the special purpose vehicle
When describing the risks assumed, as required by Article 14, the special purpose vehicle shall provide information in the annual report on:
|
(a) |
whether the risks assumed are mainly life or non-life type of risks; |
|
(b) |
what types of trigger events apply to those risks; |
|
(c) |
whether a trigger event occurred in the reporting period, triggering a claim against the special purpose vehicle's assets; |
|
(d) |
whether any amounts arising from a claim were paid out in the reporting period, and if that is the case, how much has been paid out to date and whether the trigger event has negatively affected the special purpose vehicle's liquidity; |
|
(e) |
whether the special purpose vehicle's risk profile has changed materially since the previous reporting period or from the original terms and conditions as communicated to its supervisory authority upon authorisation. |
Article 16
Information on debt instruments issued or other financing mechanism entered into
When providing information on debt instruments issued or other financing mechanism entered into as required by Article 14, the special purpose vehicle shall report on the following:
|
(a) |
the proceeds of the debt issuance or other financing mechanism and whether they have been fully paid-in regarding each individual contractual arrangement relating to the transfer of risk from an insurance or reinsurance undertaking; |
|
(b) |
the types of tiers of the financing mechanism, specifying the tranches or tiers, including information on external ratings received or internal ratings used for issued debt instruments and which, if any, credit rating agencies were used; |
|
(c) |
the reasons why the financial arrangements are regarded as sufficiently robust to ensure continued protection of potential claims of the insurance or reinsurance undertaking transferring risk to the special purpose vehicle, to maintain its ability to meet amounts it is liable for as they fall due and to ensure the pay-out structure of debt or financing mechanisms; |
|
(d) |
any debt instruments that have been cancelled, bought back or redeemed, partially or in full, since those instruments were issued and separately for the current reporting period. |
Article 17
Means for reporting
Special purpose vehicles shall submit the quantitative content of the report referred to in Article 13 to the supervisory authority electronically, and the qualitative content of the report referred to in Article 15 in an electronic readable format.
Article 18
Currency and units
1. Special purpose vehicles shall submit all monetary data from the report referred to in Article 13 in the special purpose vehicle's currency of reporting. For that purpose, other currencies shall be converted into the currency of reporting, using the applicable exchange rate at the end of the reporting period.
2. Special purpose vehicles shall submit numeric values as facts according to the following formats:
|
(a) |
data points with the data type ‘Monetary’ shall be reported using a minimum precision equivalent to units; |
|
(b) |
data points with the data type ‘Integer’ shall be reported using no decimals and a precision equivalent to units. |
Article 19
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 335, 17.12.2009, p. 1.
(2) Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).
(3) Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).
ANNEX I
The supporting documentation referred to in Article 5 of this Regulation shall include the following:
|
1. |
a clear and profound presentation and analysis in an organisational chart identifying all the relevant parties involved in the transaction, including the insurance or reinsurance undertakings involved, which are supervised by supervisory authorities other than the supervisory authority responsible for granting the special purpose vehicle's authorisation; |
|
2. |
information about the identity and qualification of the originator or sponsor of the special purpose vehicle, where this party differs from the insurance or reinsurance undertaking transferring risk to the special purpose vehicle; |
|
3. |
information about the insurance or reinsurance undertaking transferring risk to the special purpose vehicle; |
|
4. |
identification and qualification of the persons who are, or will be, appointed to act as trustees, where applicable, of the special purpose vehicles' assets; |
|
5. |
information about the identity and qualification of the persons who are, or will be, employees of the special purpose vehicle, including details of persons who effectively run the special purpose vehicle; |
|
6. |
information about the identity and qualification of persons who have, or will be expected to have, qualifying holdings, directly or indirectly in the special purpose vehicle together with the amounts of those holdings; |
|
7. |
information about the identity and qualification of the persons who are providing or will provide management and professional services, such as accounting to the special purpose vehicle; |
|
8. |
the special purpose vehicle's memorandum and articles of association, or drafts thereof; |
|
9. |
details of the insurance or reinsurance undertakings' original insurance policies clearly detailing which risks were initially assumed by the insurance or reinsurance undertaking and which will be transferred to the special purpose vehicle, including an assessment and a description of how the transfer of ceded risks and the retention of any residual risks will comply with the requirements of Article 320 of Delegated Regulation (EU) 2015/35; |
|
10. |
details of the draft contractual arrangement relating to the transfer of risk between the special purpose vehicle and the insurance or reinsurance undertaking including a description of how the contract will meet the requirements of Articles 210, 211, 319 and 320 of Delegated Regulation (EU) 2015/35. The description shall include:
|
|
11. |
an assessment outlining how the legal and governance structures of the special purpose vehicle are deemed to comply with the requirements of Articles 210, 319, 320, 324, 326 and 327 of Delegated Regulation (EU) 2015/35. The review should also give an opinion on whether the legal structure chosen for the special purpose vehicle affords a legally enforceable protection of the assets of the special purpose vehicle, thereby ensuring that the solvency of the special purpose vehicle shall not be adversely affected in line with the requirements of Articles 318(b) and Article 321 of Delegated Regulation (EU) 2015/35. The assessment should include the following:
|
|
12. |
transaction documentation, or drafts thereof, regarding the issue of debt or financial mechanisms, and risk transfer to providers of such debt or financing mechanisms, to explain how compliance with Articles 210, 211, 320 and 321 of Delegated Regulation (EU) 2015/35 will be maintained. This documentation should include:
|
|
13. |
where a special purpose vehicle, which was authorised prior to 31 December 2015, commences any new activities after 31 December 2015, the special purpose vehicle shall report any relevant information on how the existing activity of the special purpose vehicle may impact on its aggregate risk exposure profile in relation to any new activity. |
ANNEX II
Special Purpose Vehicles reporting templates
SPV.01.01 — Content of the submission
|
Template Code |
Template name |
|
C0010 |
|
SPV.01.02 |
Basic Information |
R0010 |
|
|
SPV.02.01 |
Balance sheet |
R0020 |
|
|
SPV.02.02 |
Off-balance sheet |
R0030 |
|
|
SPV.03.01 |
Risks assumed |
R0040 |
|
|
SPV.03.02 |
Debt or other financing mechanism |
R0050 |
|
SPV.01.02 — Basic information
|
|
C0010 |
|
|
Name of reporting special purpose vehicle |
R0010 |
|
|
Identification code |
R0020 |
|
|
Type of code |
R0030 |
|
|
Home-country of the special purpose vehicle |
R0040 |
|
|
Reporting date |
R0050 |
|
|
Reference date |
R0060 |
|
|
Currency used for reporting |
R0070 |
|
|
Risks assumed through separate arrangements |
R0080 |
|
|
Compliance with fully funded requirement throughout the reporting period |
R0090 |
|
SPV.02.01 — Balance sheet
|
|
Value |
|
|
Assets |
|
C0010 |
|
Deposits and loans claims |
R0010 |
|
|
Securitised loans |
R0020 |
|
|
Debt securities |
R0030 |
|
|
Other securitised assets |
R0040 |
|
|
Equity and collective investment units |
R0050 |
|
|
Financial derivatives |
R0060 |
|
|
Non-financial assets (including fixed assets) |
R0070 |
|
|
Total of other material classes of assets |
R0080 |
|
|
Remaining assets |
R0090 |
|
|
Total assets |
R0100 |
|
|
Liabilities |
|
|
|
Loans and deposits received |
R0110 |
|
|
Debt securities issued |
R0120 |
|
|
Financial derivatives |
R0130 |
|
|
Total of other material classes of liabilities |
R0140 |
|
|
Remaining liabilities |
R0150 |
|
|
Total Liabilities |
R0160 |
|
|
Equity |
|
|
|
Total Equity |
R0170 |
|
|
Description of items |
|
Value |
|
C0020 |
|
C0010 |
|
Other material classes of assets 1 |
R0180 |
|
|
… |
|
|
|
Description of items |
|
Value |
|
C0020 |
|
C0010 |
|
Other material classes of liabilities 1 |
R0190 |
|
|
… |
|
|
|
Description of items |
|
Value |
|
C0020 |
|
C0010 |
|
Equity item 1 |
R0200 |
|
|
… |
|
|
SPV.02.02 — Off-Balance sheet
|
|
Accounting value |
|
|
Off-balance sheet items |
|
C0010 |
|
Guarantees received by the special purpose vehicle directly |
R0010 |
|
|
Collateral held |
R0020 |
|
|
Total of other off-balance sheet item |
R0030 |
|
|
Off-balance sheet obligations |
|
|
|
Collateral pledged |
R0040 |
|
|
Total of other off-balance sheet obligation |
R0050 |
|
|
Description of items |
|
Accounting value |
|
C0020 |
|
C0010 |
|
Off-balance sheet item 1 |
R0060 |
|
|
… |
|
|
|
Description of items |
|
Accounting value |
|
C0020 |
|
C0010 |
|
Off-balance sheet obligation 1 |
R0070 |
|
|
… |
|
|
SPV.03.01 — Risks assumed
|
|
Arrangement |
Date of issuance |
Issues/uses commenced prior to implementation of Directive 2009/138/EC |
Name of cedent |
Cedent code |
Type of code |
Aggregate maximum risk exposure per arrangement |
Assets held for separable risk |
Compliance with the fully funded requirement for the arrangement throughout the reporting period |
Duration |
|
|
C0010 |
C0020 |
C0030 |
C0040 |
C0050 |
C0060 |
C0070 |
C0080 |
C0090 |
C0100 |
||
|
Total |
R0010 |
|
|
|
|
|
|
|
|
|
|
|
Risk 1 |
R0020 |
|
|
|
|
|
|
|
|
|
|
|
… |
… |
|
|
|
|
|
|
|
|
|
|
SPV.03.02 — Debt or other financing mechanism
|
|
Arrangement |
Description of the debt or other financing mechanism issued for arrangement |
Amount of the debt or other financing mechanism issued for arrangement |
|
|
C0010 |
C0020 |
C0030 |
||
|
Total |
R0010 |
|
|
|
|
Debt or other financing mechanism 1 |
R0020 |
|
|
|
|
… |
|
|
|
|
ANNEX III
This Annex contains additional instructions in relation to the templates included in Annex II to this Regulation. The first column of the tables identifies the items to be reported by identifying the cells as presented in the template in Annex II.
Where the special purpose vehicle is requested to complement the quantitative reporting with a particular justification, the explanation is not to be submitted within the reporting template, but shall be included within the narrative part of the submission of information by the special purpose vehicle to the supervisory authority.
SPV.01.01 — Content of the submission
|
Cell |
Item |
Instructions |
|||||||||
|
R0010/C0010 |
Basic Information |
Reported. |
|||||||||
|
R0020/C0010 |
Balance Sheet |
One of the options in the following closed list shall be used:
|
|||||||||
|
R0030/C0010 |
Off-balance sheet |
One of the options in the following closed list shall be used:
|
|||||||||
|
R0040/C0010 |
Risks assumed |
One of the options in the following closed list shall be used:
|
|||||||||
|
R0050/C0010 |
Debt or other financing mechanism |
One of the options in the following closed list shall be used:
|
SPV.01.02 — Basic information
|
Cell |
Item |
Instructions |
||||||
|
R0010/C0010 |
Name of reporting special purpose vehicle |
Name of special purpose vehicle submitting the report to the supervisory authority. |
||||||
|
R0020/C0010 |
Identification code |
Identification of the special purpose vehicle using the following priority:
|
||||||
|
R0030/C0010 |
Type of code |
Identification of the code used in item ‘Identification code’. One of the options in the following closed list shall be used:
|
||||||
|
R0040/C0010 |
Home-country of the special purpose vehicle |
ISO 3166-1 alpha-2 code of the country where the special purpose vehicle has been authorised. |
||||||
|
R0050/C0010 |
Reporting date |
ISO 8601 (yyyy-mm-dd) code of the date when the report to the supervisory authority is made. |
||||||
|
R0060/C0010 |
Reference date |
ISO 8601 (yyyy-mm-dd) code of the date identifying the last day of the reporting period. |
||||||
|
R0070/C0010 |
Currency used for reporting |
ISO 4217 alphabetic code of the currency of the monetary amounts used in each report. |
||||||
|
R0080/C0010 |
Risks assumed through separate arrangements |
Identify the number of separate risk arrangements that a SPV may have received authorisation to assume under terms and conditions as set by its supervisory authority. |
||||||
|
R0090/C0010 |
Compliance with fully funded requirement throughout the period |
To state whether fully-funded requirement was maintained between two reporting periods. The following closed list shall be used:
|
SPV.02.01 — Balance sheet
|
Cell |
Item |
Instructions |
||||||
|
R0010/C0010 |
Deposits and loans claims |
Value of the deposits and loan claims according to Article 75 of Directive 2009/138/EC. This item shall include:
|
||||||
|
R0020/C0010 |
Securitised loans |
Value of the securitised loans acquired by the special purpose vehicle according to Article 75 of Directive 2009/138/EC. |
||||||
|
R0030/C0010 |
Debt securities |
Value of holdings of debt securities according to Article 75 of Directive 2009/138/EC. It includes subordinated debt in the form of debt securities. |
||||||
|
R0040/C0010 |
Other securitised assets |
Value of other securitised assets not included in items ‘Securitised loans’ (C0010/R0020) or ‘Debt securities’ (C0010/R0030) according to Article 75 of Directive 2009/138/EC. |
||||||
|
R0050/C0010 |
Equity and collective investment units |
Value of equity and collective investment units held according to Article 75 of Directive 2009/138/EC. |
||||||
|
R0060/C0010 |
Financial derivatives |
Value of financial derivatives with positive value according to Article 75 of Directive 2009/138/EC. |
||||||
|
R0070/C0010 |
Non-financial assets (including fixed assets) |
Value of tangible and intangible assets, other than financial assets according to Article 75 of Directive 2009/138/EC. |
||||||
|
R0080/C0010 |
Total of other material classes of assets |
Total amount of other material classes of assets |
||||||
|
R0090/C0010 |
Remaining assets |
Value of all the others assets, not covered by the previous items according to Article 75 of Directive 2009/138/EC. |
||||||
|
R0100/C0010 |
Total assets |
Total value of the assets of the special purpose vehicle. |
||||||
|
R0110/C0010 |
Loans and deposits received |
Value owed to creditors by the special purpose vehicle, other than those arising from the issue of negotiable securities. |
||||||
|
R0120/C0010 |
Debt securities issued |
Value of the securities issued by the special purpose vehicle, other than equity according to Article 75 of Directive 2009/138/EC. |
||||||
|
R0130/C0010 |
Financial derivatives |
Value of financial derivatives with negative value according to Article 75 of Directive 2009/138/EC. |
||||||
|
R0140/C0010 |
Total of other material classes of liabilities |
Total amount of other material classes of liabilities |
||||||
|
R0150/C0010 |
Remaining liabilities |
Value of all the others liabilities, not covered by the previous items according to Article 75 of Directive 2009/138/EC. |
||||||
|
R0160/C0010 |
Total Liabilities |
Total of the liabilities of the special purpose vehicle. |
||||||
|
R0170/C0010 |
Total Equity |
Total of the equity of the special purpose vehicle. |
||||||
|
R0180/C0020 |
Other material classes of assets 1 |
Description of the material class of assets. Identify as many other material classes as needed to give a clear view of the nature of the material assets of the special purpose vehicle. |
||||||
|
R0180/C0010 |
Other material classes of assets 1 — Value |
Value of each material class of assets. |
||||||
|
R0190/C0020 |
Other material classes of liabilities 1 |
Description of the material class of liabilities. Identify as many other material classes as needed to give a clear view of the nature of the material liabilities of the special purpose vehicle. |
||||||
|
R0190/C0010 |
Other material classes of liabilities 1 — Value |
Value of each material class of liabilities. |
||||||
|
R0200/C0020 |
Equity (Material items) |
Description of the material equity items. To be decided by each special purpose vehicle considering the nature of material items held by the reporting special purpose vehicle and to be kept consistent over reporting periods. |
||||||
|
R0200/C0010 |
Equity item 1 |
Value of each equity item reported according to Article 75 of Directive 2009/138/EC. |
SPV.02.02 — Off-Balance sheet
|
Cell |
Item |
Instructions |
|
R0010/C0010 |
Guarantees received by the special purpose vehicle directly |
Accounting value of the guarantees received by the special purpose vehicle directly. |
|
R0020/C0010 |
Collateral held |
Accounting value of the collaterals held. |
|
R0030/C0010 |
Total of other off-balance sheet items |
Accounting value of each other off-balance sheet items reported. |
|
R0040/C0010 |
Collateral pledged |
Accounting value of Collaterals pledged. |
|
R0050/C0010 |
Total of other off-balance sheet obligations |
Accounting value of each other off-balance sheet obligations reported. |
|
R0060/C0020 |
Off-balance sheet item 1 |
Description of each other off-balance sheet item. The special purpose vehicle shall report as many different items as needed. |
|
R0060/C0010 |
Off-balance sheet item 1 — Accounting Value |
Accounting value of each other off-balance sheet items reported. |
|
R0070/C0020 |
Off-balance sheet obligation 1 |
Description of each other off-balance sheet obligation. The special purpose vehicle shall report as many different items as needed. |
|
R0070/C0010 |
Off-balance sheet obligation 1 — Accounting value |
Accounting value of each other off-balance sheet obligations reported. |
SPV.03.01 — Risks assumed
|
Cell |
Item |
Instructions |
||||||||
|
R0010/C0070 |
Total — Aggregate maximum risk exposure per arrangement |
Total of the special purpose vehicle's aggregate maximum risk exposure C0070/R0010 = Sum (C0070/R0020) |
||||||||
|
R0010/C0080 |
Total — Assets held for separable risk |
Value of the total assets held SPV.03.01 C0080/R0010 = Sum (C0080/R0020) = SPV.02.01.C0010/R0100 |
||||||||
|
R0020/C0010 |
Arrangement |
Where multi-arrangement special purpose vehicles are involved, information shall be provided for each separate arrangement (each separable risk assumed). This item identifies the risk arrangement code. If the supervisory authority attributes a code, that code shall be used. If not, the special purpose vehicle shall attribute a code that shall be kept consistent over the reporting years and shall not be reused. The number of lines reported shall be the same as the number identified in SPV.01.02.C0010/R0080 |
||||||||
|
R0020/C0020 |
Date of issuance |
ISO 8601 (yyyy-mm-dd) code of the issuance date for each separable risk arrangement. |
||||||||
|
R0020/C0030 |
Issues/uses commenced prior to implementation of Directive 2009/138/EC |
Identification if arrangement entered before 31 December 2015. The following closed list shall be used:
|
||||||||
|
R0020/C0040 |
Name of cedant |
Name of the insurance or reinsurance undertaking transferring risks to the special purpose vehicle. |
||||||||
|
R0020/C0050 |
Cedant code |
Identification code of the cedant using the following priority, if existent:
Specific code:
identification code of the undertaking + ISO 3166-1 alpha-2 code of the country of the undertaking + 5 digits |
||||||||
|
R0020/C0060 |
Type of code |
Identification of the code used in the item ‘Cedant code’ (C0050). One of the options in the following closed list shall be used:
|
||||||||
|
R0020/C0070 |
Aggregate maximum risk exposure per arrangement |
Value per arrangement of the aggregate maximum risk exposure. |
||||||||
|
R0020/C0080 |
Assets held for separable risk |
Value of the total assets held per arrangement. |
||||||||
|
R0020/C0090 |
Compliance with the fully funded requirement for the arrangement throughout the reporting period |
To state whether fully-funded requirement was maintained between two reporting periods. The following closed list shall be used:
|
||||||||
|
R0020/C0100 |
Duration |
Value of the remaining duration of the arrangement in months. |
SPV.03.02 — Debt or other financing mechanism
|
Cell |
Item |
Instructions |
|
R0010/C0030 |
Total — Amount of debt or other financing mechanism issued for arrangement |
Value of the total debt securities issued SPV.03.02.C0030/R0010 = Sum (C0030/R0020) = SPV.02.01.C0010/R0120 |
|
R0020/C0010 |
Arrangement |
Where multi-arrangement special purpose vehicles are involved, information shall be provided for each separate arrangement (each separable risk assumed). This item identifies the risk arrangement code. If the supervisory authority attributes a code, that code shall be used. If not, special purpose vehicle shall attribute a code that shall be kept consistent over the reporting years and shall not be reused. The number of lines reported shall be the same as the number identified in SPV.01.02.C0010/R0080. |
|
R0020/C0020 |
Debt or other financing mechanism 1 |
Description of the debt or other financing mechanism issued for arrangement, including the transaction reference. As many lines as needed shall be used per arrangement to report each debt security issued. |
|
R0020/C0030 |
Amount of the debt or other financing mechanism issued for arrangement |
Value of each debt issuance or each other financing mechanism. |
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/42 |
COMMISSION REGULATION (EU) 2015/463
of 19 March 2015
amending Annex to Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards specifications for polyvinyl alcohol (E 1203)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (1) of 16 December 2008 on food additives, and in particular Article 14 thereof,
Having regard to Regulation (EC) No 1331/2008 of the European Parliament and of the Council (2) of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings, and in particular Article 7(5) thereof,
Whereas:
|
(1) |
Commission Regulation (EU) No 231/2012 (3) lays down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008. |
|
(2) |
Those specifications may be updated in accordance with the common procedure referred to in Article 3(1) of Regulation (EC) No 1331/2008, either on the initiative of the Commission or following an application. |
|
(3) |
On 7 September 2011, an application was submitted for the amendment of specifications concerning the food additive polyvinyl alcohol (E 1203). The application was made available to the Member States pursuant to Article 4 of Regulation (EC) No 1331/2008. |
|
(4) |
The current specification as regards the solubility of the food additive polyvinyl alcohol (E 1203) states ‘Soluble in water; sparingly soluble in ethanol’. The Institute for Health and Consumer Protection (IHCP) of the European Commission's Joint Research Centre carried out solubility studies (4) of polyvinyl alcohol to update the solubility data of the existing Union specifications vis-à-vis its solubility in ethanol. |
|
(5) |
The European Food Safety Authority (‘the Authority’) evaluated the results of the solubility test with polyvinyl alcohol carried out by the IHCP and the information provided by the applicant (5). The Authority considers that the modification of the specification on the solubility of polyvinyl alcohol in ethanol has no impact on the safety of polyvinyl alcohol as a food additive. |
|
(6) |
Taking into account the submitted application, the studies carried out by the IHCP and the evaluation made by the Authority, it is appropriate to amend the description of the solubility of the food additive polyvinyl alcohol (E 1203) in ethanol (≥ 99,8 %) to ‘practically insoluble or insoluble’. |
|
(7) |
Regulation (EU) No 231/2012 should therefore be amended accordingly. |
|
(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EU) No 231/2012 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 354, 31.12.2008, p. 16.
(2) OJ L 354, 31.12.2008, p. 1.
(3) Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1).
(4) João F. A. Lopes and Catherine Simoneau, 2014. Solubility of Polyvinyl Alcohol in Ethanol. EFSA supporting publication 2014:EN-660, 20 pp.
(5) EFSA Journal 2014;12(9):3820.
ANNEX
In the Annex to Regulation (EU) No 231/2012, the entry for E 1203 polyvinyl alcohol, the specification for the solubility is replaced by the following:
|
‘Solubility |
Soluble in water; Practically insoluble or insoluble in ethanol (≥ 99,8 %)’ |
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/44 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/464
of 19 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, 19 March 2015.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
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 |
IL |
94,1 |
|
MA |
85,9 |
|
|
TR |
94,6 |
|
|
ZZ |
91,5 |
|
|
0707 00 05 |
JO |
229,9 |
|
MA |
179,7 |
|
|
TR |
178,9 |
|
|
ZZ |
196,2 |
|
|
0709 93 10 |
MA |
101,2 |
|
TR |
186,6 |
|
|
ZZ |
143,9 |
|
|
0805 10 20 |
EG |
47,3 |
|
IL |
72,4 |
|
|
MA |
53,1 |
|
|
TN |
61,7 |
|
|
TR |
71,6 |
|
|
ZZ |
61,2 |
|
|
0805 50 10 |
TR |
61,7 |
|
ZZ |
61,7 |
|
|
0808 10 80 |
AR |
94,0 |
|
BR |
70,7 |
|
|
CL |
125,7 |
|
|
CN |
81,0 |
|
|
MK |
28,2 |
|
|
US |
181,4 |
|
|
ZZ |
96,8 |
|
|
0808 30 90 |
AR |
107,0 |
|
CL |
97,1 |
|
|
CN |
102,5 |
|
|
ZA |
111,2 |
|
|
ZZ |
104,5 |
|
(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’.
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/46 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/465
of 19 March 2015
establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 March 2015 and determining the quantities to be added to the quantity fixed for the subperiod from 1 July to 30 September 2015 under the tariff quotas opened by Regulation (EC) No 1385/2007 in the poultrymeat sector
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,
Whereas:
|
(1) |
Commission Regulation (EC) No 1385/2007 (2) opened annual tariff quotas for imports of poultrymeat products. |
|
(2) |
For some quotas, the quantities covered by the applications for import licences lodged from 1 to 7 March 2015 for the subperiod from 1 April to 30 June 2015 exceed those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3). |
|
(3) |
The quantities covered by the applications for import licences lodged from 1 to 7 March 2015 for the subperiod from 1 April to 30 June 2015 are, for some quotas, less than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod. |
|
(4) |
In order to ensure the efficient management of the measure, 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
1. The quantities covered by the applications for import licences lodged under Regulation (EC) No 1385/2007 for the subperiod from 1 April to 30 June 2015 shall be multiplied by the allocation coefficient set out in the Annex to this Regulation.
2. The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 1385/2007, to be added to the subperiod from 1 July to 30 September 2015, are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 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) Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (OJ L 309, 27.11.2007, p. 47).
(3) Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).
ANNEX
|
Order No |
Allocation coefficient — applications lodged for the subperiod from 1 April to 30 June 2015 (%) |
Quantities not applied for, to be added to the quantities available for the subperiod from 1 Julyto 30 September 2015 (kg) |
|
09.4410 |
0,206912 |
— |
|
09.4411 |
0,21013 |
— |
|
09.4412 |
0,21763 |
— |
|
09.4420 |
0,23821 |
— |
|
09.4421 |
— |
350 000 |
|
09.4422 |
0,238211 |
— |
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/48 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/466
of 19 March 2015
establishing the allocation coefficient to be applied to the quantities covered by the applications for import rights lodged from 1 to 7 March 2015 under the tariff quotas opened by Implementing Regulation (EU) No 413/2014 for poultrymeat originating in Ukraine
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(1) and (3) thereof,
Whereas:
|
(1) |
Commission Implementing Regulation (EU) No 413/2014 (2) opened annual tariff quotas for imports of poultrymeat products originating in Ukraine. |
|
(2) |
For the quota with order number 09.4273, the quantities covered by the applications for import licences lodged from 1 to 7 March 2015 for the subperiod from 1 April to 30 June 2015 exceed those available. The extent to which import rights may be allocated should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for, calculated in accordance with Article 6(3) in conjunction with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3). |
|
(3) |
In order to ensure efficient management of the measure, 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 quantities covered by the applications for import rights lodged under Implementing Regulation (EU) No 413/2014 for the subperiod from 1 April to 30 June 2015 shall be multiplied by the allocation coefficient set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 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) Commission Implementing Regulation (EU) No 413/2014 of 23 April 2014 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine (OJ L 121, 24.4.2014, p. 37).
(3) Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).
ANNEX
|
Order No |
Allocation coefficient — applications lodged for the subperiod from 1 April to 30 June 2015 (%) |
|
09.4273 |
2,901585 |
|
09.4274 |
— |
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/50 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/467
of 19 March 2015
establishing the allocation coefficient to be applied to the quantities covered by the applications for import licences lodged from 1 to 7 March 2015 under the tariff quotas opened by Regulation (EC) No 533/2007 in the poultrymeat sector
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188(1) and (3) thereof,
Whereas:
|
(1) |
Commission Regulation (EC) No 533/2007 (2) opened annual tariff quotas for imports of poultrymeat products. |
|
(2) |
The quantities covered by the applications for import licences lodged from 1 to 7 March 2015 for the subperiod from 1 April to 30 June 2015 exceed those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3). |
|
(3) |
In order to ensure the efficient management of the measure, 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 quantities covered by the applications for import licences lodged under Regulation (EC) No 533/2007 for the subperiod from 1 April to 30 June 2015 shall be multiplied by the allocation coefficient set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 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) Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (OJ L 125, 15.5.2007, p. 9).
(3) Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).
ANNEX
|
Order No |
Allocation coefficient — applications lodged for the subperiod from 1 April to 30 June 2015 (%) |
|
09.4067 |
49,313301 |
|
09.4068 |
— |
|
09.4069 |
0,227954 |
|
09.4070 |
— |
DECISIONS
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/52 |
DECISION (EU) 2015/468 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2015
on the mobilisation of the European Globalisation Adjustment Fund in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2013/007 BE/Hainaut steel (Duferco-NLMK), from Belgium)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (1), and in particular Article 12(3) thereof,
Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. |
|
(2) |
The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3). |
|
(3) |
Belgium submitted an application to mobilise the EGF, in respect of redundancies in the enterprises Duferco Belgium SA and NLMK La Louvière SA, on 27 September 2013 and supplemented it by additional information up to 4 July 2014. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. |
|
(4) |
The EGF should, therefore, be mobilised in order to provide a financial contribution of an amount of EUR 981 956 for the application submitted by Belgium, |
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 981 956 in commitment and payment appropriations.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Done at Strasbourg, 11 March 2015.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
Z. KALNIŅA-LUKAŠEVICA
(1) OJ L 406, 30.12.2006, p. 1.
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/54 |
DECISION (EU) 2015/469 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2015
on the mobilisation of the European Globalisation Adjustment Fund in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2013/009 PL/Zachem, from Poland)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (1), and in particular Article 12(3) thereof,
Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. |
|
(2) |
The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3). |
|
(3) |
Poland submitted an application to mobilise the EGF, in respect of redundancies in the enterprise Zachem and two suppliers and downstream producers, on 9 October 2013 and supplemented it by additional information up to 16 June 2014. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission therefore proposes to mobilise an amount of EUR 115 205. |
|
(4) |
The EGF should therefore be mobilised in order to provide a financial contribution for the application submitted by Poland, |
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 115 205 in commitment and payment appropriations.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Done at Strasbourg, 11 March 2015.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
Z. KALNIŅA-LUKAŠEVICA
(1) OJ L 406, 30.12.2006, p. 1.
(2) OJ C 373, 20.12.2013, p. 1.
(3) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/56 |
DECISION (EU) 2015/470 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2015
on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2013/011 BE/Saint-Gobain Sekurit, from Belgium)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (1), and in particular Article 12(3) thereof,
Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. |
|
(2) |
The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3). |
|
(3) |
Belgium submitted an application to mobilise the EGF, in respect of redundancies in the enterprise Saint-Gobain Sekurit Benelux SA, on 19 December 2013 and supplemented it by additional information up to 4 July 2014. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission therefore proposes to mobilise an amount of EUR 1 339 928. |
|
(4) |
The EGF should therefore be mobilised in order to provide a financial contribution for the application submitted by Belgium, |
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 339 928 in commitment and payment appropriations.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Done at Strasbourg, 11 March 2015.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
Z. KALNIŅA-LUKAŠEVICA
(1) OJ L 406, 30.12.2006, p. 1.
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/58 |
DECISION (EU) 2015/471 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2015
on the mobilisation of the European Globalisation Adjustment Fund (application EGF/2014/011 BE/Caterpillar, from Belgium)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
The European Globalisation Adjustment Fund (EGF) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in Regulation (EC) No 546/2009 of the European Parliament and of the Council (3), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market. |
|
(2) |
Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (4) allows the mobilisation of the EGF within a maximum annual amount of EUR 150 million (2011 prices). |
|
(3) |
Belgium submitted an application to mobilise the EGF, in respect of redundancies in Caterpillar Belgium S.A. in Belgium on 22 July 2014 and supplemented it by additional information as provided by Article 8(3) of Regulation (EU) No 1309/2013. This application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013. |
|
(4) |
The EGF should therefore be mobilised in order to provide a financial contribution of an amount of EUR 1 222 854 for the application submitted by Belgium, |
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 222 854 in commitment and payment appropriations.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Done at Strasbourg, 11 March 2015.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
Z. KALNIŅA-LUKAŠEVICA
(1) OJ L 347, 20.12.2013, p. 855.
(2) OJ C 373, 20.12.2013, p. 1.
(3) Regulation (EC) No 546/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund (OJ L 167, 29.6.2009, p. 26).
(4) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
|
20.3.2015 |
EN |
Official Journal of the European Union |
L 76/60 |
DECISION (EU) 2015/472 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2015
on the mobilisation of the European Globalisation Adjustment Fund (application EGF/2014/012 BE/ArcelorMittal, from Belgium)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
The European Globalisation Adjustment Fund (EGF) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in Regulation (EC) No 546/2009 of the European Parliament and of the Council (3), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market. |
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(2) |
Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (4) allows the mobilisation of the EGF within a maximum annual amount of EUR 150 million (2011 prices). |
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(3) |
Belgium submitted an application to mobilise the EGF, in respect of redundancies in ArcelorMittal Liège S.A. in Belgium on 22 July 2014 and supplemented it by additional information as provided by Article 8(3) of Regulation (EU) No 1309/2013. This application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013. |
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(4) |
The EGF should therefore be mobilised in order to provide a financial contribution of an amount of EUR 1 591 486 for the application submitted by Belgium, |
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 591 486 in commitment and payment appropriations.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Done at Strasbourg, 11 March 2015.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
Z. KALNIŅA-LUKAŠEVICA
(1) OJ L 347, 20.12.2013, p. 855.
(2) OJ C 373, 20.12.2013, p. 1.
(3) Regulation (EC) No 546/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund (OJ L 167, 29.6.2009, p. 26).
(4) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
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20.3.2015 |
EN |
Official Journal of the European Union |
L 76/62 |
DECISION (EU) 2015/473 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2015
on the mobilisation of the European Globalisation Adjustment Fund (application EGF/2014/014 DE/Aleo Solar, from Germany)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
Having regard to the proposal from the European Commission,
Whereas:
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(1) |
The European Globalisation Adjustment Fund (EGF) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in Regulation (EC) No 546/2009 of the European Parliament and of the Council (3), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market. |
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(2) |
Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (4) allows the mobilisation of the EGF within a maximum annual amount of EUR 150 million (2011 prices). |
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(3) |
Germany submitted an application to mobilise the EGF, in respect of redundancies in Aleo Solar AG and two of its subsidiaries in Germany, on 29 July 2014 and supplemented it by additional information as provided by Article 8(3) of Regulation (EU) No 1309/2013. This application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013. |
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(4) |
The EGF should therefore be mobilised in order to provide a financial contribution of an amount of EUR 1 094 760 for the application submitted by Germany, |
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 094 760 in commitment and payment appropriations.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Done at Strasbourg, 11 March 2015.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
Z. KALNIŅA-LUKAŠEVICA
(1) OJ L 347, 20.12.2013, p. 855.
(2) OJ C 373, 20.12.2013, p. 1.
(3) Regulation (EC) No 546/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund (OJ L 167, 29.6.2009, p. 26).
(4) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
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20.3.2015 |
EN |
Official Journal of the European Union |
L 76/64 |
COMMISSION IMPLEMENTING DECISION (EU) 2015/474
of 18 March 2015
amending Implementing Decision 2013/92/EU on the supervision, plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities originating in China
(notified under document C(2015) 1684)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular the fourth sentence of Article 16(3) thereof,
Whereas:
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(1) |
Commission Implementing Decision 2013/92/EU (2) provides for the supervision, plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities originating in China. |
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(2) |
Application of Implementing Decision 2013/92/EU has shown that the wood packaging material used in the transport of certain commodities originating in China continues to present a phytosanitary risk to the Union. Therefore that Decision should continue to apply until 31 March 2017. |
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(3) |
Plant health checks by Member States have shown that wood packaging material used in the transport of commodities of slate, glazed ceramics and flat-rolled products of iron or non-alloy steel was also contaminated by harmful organisms, in particular Anoplophora glabripennis (Motschulsky). Implementing Decision 2013/92/EU should therefore also cover those commodities. |
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(4) |
Commission Implementing Directive 2014/78/EU (3) deleted point (8) of Section I of Part A of Annex IV to Directive 2000/29/EC. Therefore references to that point (8) in Articles 3 and 4 of Implementing Decision 2013/92/EU should be deleted. |
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(5) |
Experience shows that a plant health check at a minimum frequency of 15 % is adequate, taking account of the phytosanitary risk of each commodity covered by this Decision, and the need to ensure a more proportionate allocation of resources for the effective and efficient checking of all commodities in an equal manner. Therefore, for certain commodities the frequency of plant health checks should be reduced from 90 % to 15 %. |
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(6) |
Experience shows that, in order to provide further detail on the interceptions recorded on wood packaging material to the Chinese national plant protection organisation, it is necessary that Member States report the information necessary to identify the sources of unreliable marking and the reasons why a mark is considered incorrect. |
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(7) |
In order to allow consistency as regards the plant health checks carried out in the period from 1 October 2014 to 31 March 2015 and the notification thereof, it is appropriate to provide for a transitional arrangement for that period. |
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(8) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS DECISION:
Article 1
Implementing Decision 2013/92/EU is amended as follows:
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1. |
The first paragraph of Article 3 is replaced by the following: ‘The wood packaging material of consignments of the specified commodities shall be subject to the plant health checks provided for in Article 13a(1)(b)(iii) of Directive 2000/29/EC at the minimum frequencies set out in Annex I to this Decision to confirm that the wood packaging material meets the requirements laid down in point (2) of Section I of Part A of Annex IV to Directive 2000/29/EC.’ |
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2. |
Article 4 is replaced by the following: ‘Article 4 Measures in case of non-compliance Where the plant health checks referred to in Article 3 show that point (2) of Section I of Part A of Annex IV to Directive 2000/29/EC is not complied with or that the wood packaging material is contaminated by harmful organisms listed in Part A of Annex I to that Directive, the Member State concerned shall immediately subject the non-compliant wood packaging material to one of the measures provided for in Article 13c(7) of that Directive’ |
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3. |
Article 5 is replaced by the following: ‘Article 5 Reporting Without prejudice to Commission Directive 94/3/EC (*1), Member States shall notify the number and the results of the plant health checks carried out in accordance with Articles 2 and 3 of this Decision to the Commission using the reporting template in Annex II by 31 July 2016 for the period from 1 April 2015 to 31 March 2016 and by 31 July 2017 for the period from 1 April 2016 to 31 March 2017. (*1) Commission Directive 94/3/EC of 21 January 1994 establishing a procedure for the notification of interception of a consignment or a harmful organism from third countries and presenting an imminent phytosanitary danger (OJ L 32, 5.2.1994, p. 37).’ " |
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4. |
The second paragraph of Article 7 is replaced by the following: ‘Articles 1 to 4 shall apply until 31 March 2017.’ |
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5. |
Annexes I and II are amended in accordance with the Annex to this Decision. |
Article 2
As regards plant health checks carried out during the period from 1 October 2014 to 31 March 2015 and the notification of the number and the results thereof, Implementing Decision 2013/92/EU as it stood before being amended by this Decision shall continue to apply.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 18 March 2015.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
(1) OJ L 169, 10.7.2000, p. 1.
(2) Commission Implementing Decision 2013/92/EU of 18 February 2013 on the supervision, plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities originating in China (OJ L 47, 20.2.2013, p. 74).
(3) Commission Implementing Directive 2014/78/EU of 17 June 2014 amending Annexes I, II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 183, 24.6.2014, p. 23).
ANNEX
Annex I to Implementing Decision 2013/92/EU is replaced by the following:
‘ANNEX I
SPECIFIED COMMODITIES
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Combined Nomenclature Code |
Description |
Frequency of plant health checks (%) |
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2514 00 00 |
Slate, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape |
15 |
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2515 |
Marble, travertine, ecaussine and other calcareous monumental or building stone of an apparent specific gravity of 2,5 or more, and alabaster, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape |
15 |
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2516 |
Granite, porphyry, basalt, sandstone and other monumental or building stone, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape |
15 |
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6801 00 00 |
Setts, curbstones and flagstones, of natural stone (except slate) |
15 |
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6802 |
Worked monumental or building stone (except slate) and articles thereof, other than goods of heading 6801 ; mosaic cubes and the like, of natural stone (including slate), whether or not on a backing; artificially coloured granules, chippings and powder, of natural stone (including slate) |
15 |
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6803 00 |
Worked slate and articles of slate or of agglomerated slate |
15 |
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6908 |
Glazed ceramic flags and paving, hearth or wall tiles; glazed ceramic mosaic cubes and the like, whether or not on a backing |
15 |
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7210 |
Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated |
15’ |
Annex II to Implementing Decision 2013/92/EU is replaced by the following:
‘ANNEX II
REPORTING TEMPLATE
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Report on the phytosanitary import checks of wood packaging material of each consignment of the specified commodities originating in China |
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Reporting Period: |
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Reporting Member State: |
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Points of entry involved: |
Place of inspection: |
number inspected at place of destination: number inspected at point of entry: |
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Combined Nomenclature Code: 2514 00 00 |
Combined Nomenclature Code: 2515 |
Combined Nomenclature Code: 2516 |
Combined Nomenclature Code: 6801 00 00 |
Combined Nomenclature Code: 6802 |
Combined Nomenclature Code 6803 00 |
Combined Nomenclature Code 6908 |
Combined Nomenclature Code 7210 |
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No of incoming consignments entering the EU via the reporting Member State |
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No of inspected consignments |
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Of which No of consignments with compliant wood packaging material |
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Of which No of consignments intercepted with non-compliant wood packaging material |
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Please provide the country code, producer/treatment provider code and treatment code of the ISPM 15 mark(s) |
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(1) Where applicable, please indicate the reasons why ISPM15 marks were identified as incorrect (type, method of application, etc.)’