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Official Journal of the European Union |
L 331 |
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Legislation |
Volume 58 |
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Commission Implementing Regulation (EU) 2015/2352 of 16 December 2015 setting out the weighted average of maximum mobile termination rates across the Union ( 1 ) |
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(1) Text with EEA relevance |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/1 |
COUNCIL IMPLEMENTING REGULATION (EU) 2015/2350
of 16 December 2015
implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 18 January 2012, the Council adopted Regulation (EU) No 36/2012. |
(2) |
One person and two entities should no longer be kept on the list of natural and legal persons, entities or bodies subject to restrictive measures set out in Annex II to Regulation (EU) No 36/2012. |
(3) |
Regulation (EU) No 36/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 December 2015.
For the Council
The President
C. DIESCHBOURG
ANNEX
The person and two entities listed below, as well as their related entries, are hereby deleted from the list set out in Annex II to Regulation (EU) No 36/2012:
A. Persons
No 205 Samir Hamsho
B. Entities
No 68. Syria Steel SA
No 69. Al Buroj Trading
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/3 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2351
of 14 December 2015
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
(4) |
It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months. |
(5) |
The Customs Code Committee has not issued an opinion within the time limit set by its Chairman, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.
Article 3
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, 14 December 2015.
For the Commission,
On behalf of the President,
Heinz ZOUREK
Director-General For Taxation And Customs Union
(2) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).
ANNEX
Description of the goods |
Classification (CN code) |
Reasons |
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(1) |
(2) |
(3) |
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A gardening kit presented in a plastic packing consisting of the following articles: |
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Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature (GIR). The items cannot be considered as goods put up in a set for retail sale within the terms of GIR 3 (b) as not all of them are put up together to meet a particular need or to carry out a specific activity. The bag is not used for gardening, but to contain the other articles. It may be also used independently of any gardening activity. The pencil is also not a gardening tool and it has its own practical use elsewhere. If one or more of the articles of a ‘set’ do not meet the same particular need or are not designed to carry out the same specific activity, each article has to be classified separately (see also the Guidelines on the classification in the Combined Nomenclature of goods put up in sets for retail sale, Part B (II) (2)). The individual articles, as referred to in the description of the goods, are to be classified as follows:
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4202 22 90 |
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6216 00 00 |
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8201 50 00 |
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8201 10 00 |
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3926 90 97 |
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9609 10 10 |
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The articles of the kit are individually packed in protective plastic packing. The fabric of the bag and of the gloves has the same pattern (trees, flowers, houses). See image (1). |
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(1) The image is purely for information.
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/7 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2352
of 16 December 2015
setting out the weighted average of maximum mobile termination rates across the Union
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (1), and in particular Article 6e(2) thereof,
Whereas:
(1) |
In accordance with Regulation (EU) No 531/2012, domestic providers should not levy any surcharge additional to the domestic retail price on roaming customers in any Member State, for any regulated roaming call received, within the limits allowed by fair use policy. This provision applies from 15 June 2017, provided that the legislative act to be adopted further to the proposal on the wholesale roaming market referred to in Article 19(2) of that Regulation has become applicable by that date. |
(2) |
In accordance with Regulation (EU) No 531/2012 domestic providers may apply a surcharge, in addition to the domestic retail price, for the consumption of regulated retail roaming services, during a transitional period from 30 April 2016 until the date when the legislative act envisaged in Article 19(2) of that Regulation becomes applicable. |
(3) |
Regulation (EU) No 531/2012 allows domestic providers to apply, after the transitional period, a surcharge, in addition to the domestic retail price, for the consumption of regulated retail roaming services in excess of any limit set under a fair use policy. |
(4) |
Regulation (EU) No 531/2012 limits any surcharge applied for receiving regulated roaming calls to the weighted average of maximum mobile termination rates across the Union. |
(5) |
The Body of European Regulators for Electronic Communications has provided the Commission with information gathered from Member States' national regulatory authorities concerning: (i) the maximum level of mobile termination rates they imposed, in accordance with Articles 7 and 16 of Directive 2002/21/EC of the European Parliament and of the Council (2) (Framework Directive) and Article 13 of Directive 2002/19/EC of the European Parliament and of the Council (3) (Access Directive), in each national market for wholesale voice call termination on individual mobile networks, and (ii) the total number of subscribers in Member States. |
(6) |
Pursuant to Regulation (EU) No 531/2012, the Commission has calculated the weighted average of the maximum mobile termination rates across the Union by: (i) multiplying the maximum mobile termination rate permitted in a given Member State by the total number of subscribers in that Member State, (ii) summing this product over all Member States, and (iii) dividing the total obtained by the total number of subscribers in all Member States. |
(7) |
The values of the data used to calculate the weighted average of the maximum mobile termination rates across the Union are of 1 July 2015. For non-euro countries, the relevant exchange rate is the Q2 2015 average obtained from the European Central Bank's database. |
(8) |
Pursuant to Regulation (EU) No 531/2012 the Commission is to review the weighted average of maximum mobile termination rates across the Union annually. |
(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Communications Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The weighted average of maximum mobile termination rates across the Union is set out at EUR 0,0114 per minute.
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.
It shall apply from 30 April 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 December 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 172, 30.6.2012, p. 10.
(2) Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).
(3) Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ L 108, 24.4.2002, p. 7).
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/9 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2353
of 16 December 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, 16 December 2015.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
||
CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
IL |
236,2 |
MA |
95,4 |
|
TR |
116,3 |
|
ZZ |
149,3 |
|
0707 00 05 |
EG |
191,7 |
MA |
92,9 |
|
TR |
103,0 |
|
ZZ |
129,2 |
|
0709 93 10 |
MA |
56,7 |
TR |
153,6 |
|
ZZ |
105,2 |
|
0805 10 20 |
EG |
57,7 |
MA |
64,7 |
|
TR |
59,8 |
|
ZA |
48,6 |
|
ZZ |
57,7 |
|
0805 20 10 |
MA |
71,2 |
ZZ |
71,2 |
|
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 |
IL |
110,9 |
TR |
92,4 |
|
ZZ |
101,7 |
|
0805 50 10 |
TR |
86,8 |
ZZ |
86,8 |
|
0808 10 80 |
CA |
151,7 |
CL |
86,2 |
|
US |
75,4 |
|
ZA |
141,1 |
|
ZZ |
113,6 |
|
0808 30 90 |
CN |
63,2 |
TR |
130,9 |
|
ZZ |
97,1 |
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.
DECISIONS
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/11 |
COUNCIL DECISION (EU) 2015/2354
of 10 December 2015
authorising certain Member States to accept, in the interest of the European Union, the accession of Seychelles to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. |
(2) |
The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the state of their habitual residence, as well as to secure the protection of rights of access and rights of custody. |
(3) |
Regulation (EC) No 2201/2003 complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children. |
(4) |
All Member States of the Union are party to the 1980 Hague Convention. |
(5) |
The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on private international law. |
(6) |
A common legal framework applicable between Member States of the Union and third states could be the best solution to sensitive cases of international child abduction. |
(7) |
The 1980 Hague Convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession. |
(8) |
The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding state. |
(9) |
Pursuant to Opinion 1/13 of the Court of Justice of the European Union, declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union. |
(10) |
Seychelles deposited its instrument of accession to the 1980 Hague Convention on 27 May 2008. The 1980 Hague Convention entered into force for Seychelles on 1 August 2008. |
(11) |
Several Member States have already accepted the accession of Seychelles to the 1980 Hague Convention. An assessment of the situation in Seychelles has led to the conclusion that those Member States that have not yet accepted the accession of Seychelles, are in a position to accept, in the interest of the Union, the accession of Seychelles under the terms of the 1980 Hague Convention. |
(12) |
The Member States that have not yet accepted the accession of Seychelles should therefore be authorised to deposit their declarations of acceptance of accession of Seychelles in the interest of the Union in accordance with the terms set out in this Decision. The Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden which have already accepted the accession of Seychelles to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law. |
(13) |
The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of this Decision. |
(14) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Member States that have not yet done so are hereby authorised to accept the accession of Seychelles to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union.
2. Member States referred to in paragraph 1 shall, no later than 11 December 2016, deposit a declaration of acceptance of the accession of Seychelles to the 1980 Hague Convention in the interest of the Union worded as follows:
‘[Full name of MEMBER STATE] declares that it accepts the accession of Seychelles to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2015/2354’
3. Each Member State shall inform the Council and the Commission of the deposit of its declaration of acceptance of the accession of Seychelles and communicate to the Commission the text of the declaration within 2 months of its deposit.
Article 2
Those Member States which deposited their declarations of acceptance of the accession of Seychelles to the 1980 Hague Convention prior to the date of adoption of this Decision, shall not deposit new declarations.
Article 3
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 4
This Decision is addressed to all Member States with the exception of the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.
Done at Brussels, 10 December 2015.
For the Council
The President
F. BAUSCH
(1) Opinion of 11 February 2015 (not yet published in the Official Journal).
(2) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/14 |
COUNCIL DECISION (EU) 2015/2355
of 10 December 2015
authorising certain Member States to accept, in the interest of the European Union, the accession of the Russian Federation to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. |
(2) |
The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure the protection of rights of access and rights of custody. |
(3) |
Regulation (EC) No 2201/2003 complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities, and aims to ensure the prompt return of wrongfully removed or retained children. |
(4) |
All Member States of the Union are party to the 1980 Hague Convention. |
(5) |
The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on private international law. |
(6) |
A common legal framework applicable between Member States of the Union and third states could be the best solution to sensitive cases of international child abduction. |
(7) |
The 1980 Hague Convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession. |
(8) |
The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding state. |
(9) |
Pursuant to Opinion 1/13 of the Court of Justice of the European Union, declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union. |
(10) |
The Russian Federation deposited its instrument of accession to the 1980 Hague Convention on 28 July 2011. The 1980 Hague Convention entered into force for the Russian Federation on 1 October 2011. |
(11) |
Several Member States have already accepted the accession of the Russian Federation to the 1980 Hague Convention. An assessment of the situation in the Russian Federation has led to the conclusion that those Member States that have not yet accepted the accession of the Russian Federation, are in a position to accept, in the interest of the Union, the accession of the Russian Federation under the terms of the 1980 Hague Convention. |
(12) |
The Member States that have not yet accepted the accession of the Russian Federation should therefore be authorised to deposit their declarations of acceptance of accession of the Russian Federation in the interest of the Union in accordance with the terms set out in this Decision. The Republic of Bulgaria, the Czech Republic, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Republic of Lithuania, Romania, the Republic of Slovenia, the Slovak Republic and the Republic of Finland which have already accepted the accession of the Russian Federation to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law. |
(13) |
The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of this Decision. |
(14) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Member States that have not yet done so are hereby authorised to accept the accession of the Russian Federation to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union.
2. Member States referred to in paragraph 1 shall, no later than 11 December 2016, deposit a declaration of acceptance of the accession of the Russian Federation to the 1980 Hague Convention in the interest of the Union worded as follows:
‘[Full name of MEMBER STATE] declares that it accepts the accession of the Russian Federation to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2015/2355’
3. Each Member State shall inform the Council and the Commission of the deposit of its declaration of acceptance of the accession of the Russian Federation and communicate to the Commission the text of the declaration within two months of its deposit.
Article 2
Those Member States which deposited their declarations of acceptance of the accession of the Russian Federation to the 1980 Hague Convention prior to the date of adoption of this Decision, shall not deposit new declarations.
Article 3
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 4
This Decision is addressed to all Member States with the exception of the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Republic of Lithuania, Romania, the Republic of Slovenia, the Slovak Republic and the Republic of Finland.
Done at Brussels, 10 December 2015.
For the Council
The President
F. BAUSCH
(1) Opinion of 11 February 2015 (not yet published in the Official Journal).
(2) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/17 |
COUNCIL DECISION (EU) 2015/2356
of 10 December 2015
authorising certain Member States to accept, in the interest of the European Union, the accession of Albania to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. |
(2) |
The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure the protection of rights of access and rights of custody. |
(3) |
Regulation (EC) No 2201/2003 complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children. |
(4) |
All Member States of the Union are party to the 1980 Hague Convention. |
(5) |
The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on private international law. |
(6) |
A common legal framework applicable between Member States of the Union and third states could be the best solution to sensitive cases of international child abduction. |
(7) |
The 1980 Hague Convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession. |
(8) |
The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding state. |
(9) |
Pursuant to Opinion 1/13 of the Court of Justice of the European Union, declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union. |
(10) |
Albania deposited its instrument of accession to the 1980 Hague Convention on 4 May 2007. The 1980 Hague Convention entered into force for Albania on 1 August 2007. |
(11) |
Several Member States have already accepted the accession of Albania to the 1980 Hague Convention. An assessment of the situation in Albania has led to the conclusion that those Member States that have not yet accepted the accession of Albania, are in a position to accept, in the interest of the Union, the accession of Albania under the terms of the 1980 Hague Convention. |
(12) |
The Member States that have not yet accepted the accession of Albania should therefore be authorised to deposit their declarations of acceptance of accession of Albania in the interest of the Union in accordance with the terms set out in this Decision. The Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, Malta, the Kingdom of the Netherlands, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden which have already accepted the accession of Albania to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law. |
(13) |
The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of this Decision. |
(14) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Member States that have not yet done so are hereby authorised to accept the accession of Albania to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union.
2. Member States referred to in paragraph 1 shall, no later than 11 December 2016, deposit a declaration of acceptance of the accession of Albania to the 1980 Hague Convention in the interest of the Union worded as follows:
‘[Full name of MEMBER STATE] declares that it accepts the accession of Albania to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2015/2356’
3. Each Member State shall inform the Council and the Commission of the deposit of its declaration of acceptance of the accession of Albania and communicate to the Commission the text of the declaration within two months of its deposit.
Article 2
Those Member States which deposited their declarations of acceptance of the accession of Albania to the 1980 Hague Convention prior to the date of adoption of this Decision, shall not deposit new declarations.
Article 3
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 4
This Decision is addressed to all Member States with the exception of the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, Malta, the Kingdom of the Netherlands, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.
Done at Brussels, 10 December 2015.
For the Council
The President
F. BAUSCH
(1) Opinion of 11 February 2015 (not yet published in the Official Journal).
(2) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/20 |
COUNCIL DECISION (EU) 2015/2357
of 10 December 2015
authorising certain Member States to accept, in the interest of the European Union, the accession of Morocco to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. |
(2) |
The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure the protection of rights of access and rights of custody. |
(3) |
Regulation (EC) No 2201/2003 complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children. |
(4) |
All Member States of the Union are party to the 1980 Hague Convention. |
(5) |
The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on private international law. |
(6) |
A common legal framework applicable between Member States of the Union and third states could be the best solution to sensitive cases of international child abduction. |
(7) |
The 1980 Hague Convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession. |
(8) |
The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding state. |
(9) |
Pursuant to Opinion 1/13 of the Court of Justice of the European Union, declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union. |
(10) |
Morocco deposited its instrument of accession to the 1980 Hague Convention on 9 March 2010. The 1980 Hague Convention entered into force for Morocco on 1 June 2010. |
(11) |
Several Member States have already accepted the accession of Morocco to the 1980 Hague Convention. An assessment of the situation in Morocco has led to the conclusion that those Member States that have not yet accepted the accession of Morocco, are in a position to accept, in the interest of the Union, the accession of Morocco under the terms of the 1980 Hague Convention. |
(12) |
The Member States that have not yet accepted the accession of Morocco should therefore be authorised to deposit their declarations of acceptance of accession of Morocco in the interest of the Union in accordance with the terms set out in this Decision. The Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, Malta, the Kingdom of the Netherlands, Romania, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden which have already accepted the accession of Morocco to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law. |
(13) |
The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of this Decision. |
(14) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Member States that have not yet done so are hereby authorised to accept the accession of Morocco to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union.
2. Member States referred to in paragraph 1 shall, no later than 11 December 2016 deposit a declaration of acceptance of the accession of Morocco to the 1980 Hague Convention in the interest of the Union worded as follows:
‘[Full name of MEMBER STATE] declares that it accepts the accession of Morocco to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2015/2357.’
3. Each Member State shall inform the Council and the Commission of the deposit of its declaration of acceptance of the accession of Morocco and communicate to the Commission the text of the declaration within two months of its deposit.
Article 2
Those Member States which deposited their declarations of acceptance of the accession of Morocco to the 1980 Hague Convention prior to the date of adoption of this Decision, shall not deposit new declarations.
Article 3
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 4
This Decision is addressed to all Member States with the exception of the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, Malta, the Kingdom of the Netherlands, Romania, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.
Done at Brussels, 10 December 2015.
For the Council
The President
F. BAUSCH
(1) Opinion of 11 February 2015 (not yet published in the Official Journal).
(2) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/23 |
COUNCIL DECISION (EU) 2015/2358
of 10 December 2015
authorising certain Member States to accept, in the interest of the European Union, the accession of Armenia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. |
(2) |
The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure the protection of rights of access and rights of custody. |
(3) |
Regulation (EC) No 2201/2003 complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children. |
(4) |
All Member States of the Union are party to the 1980 Hague Convention. |
(5) |
The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on private international law. |
(6) |
A common legal framework applicable between Member States of the Union and third states could be the best solution to sensitive cases of international child abduction. |
(7) |
The 1980 Hague Convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession. |
(8) |
The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding state. |
(9) |
Pursuant to Opinion 1/13 of the Court of Justice of the European Union, declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union. |
(10) |
Armenia deposited its instrument of accession to the 1980 Hague Convention on 1 March 2007. The 1980 Hague Convention entered into force for Armenia on 1 June 2007. |
(11) |
Several Member States have already accepted the accession of Armenia to the 1980 Hague Convention. An assessment of the situation in Armenia has led to the conclusion that those Member States that have not yet accepted the accession of Armenia, are in a position to accept, in the interest of the Union, the accession of Armenia under the terms of the 1980 Hague Convention. |
(12) |
The Member States that have not yet accepted the accession of Armenia should therefore be authorised to deposit their declarations of acceptance of accession of Armenia in the interest of the Union in accordance with the terms set out in this Decision. The Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden which have already accepted the accession of Armenia to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law. |
(13) |
The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of this Decision. |
(14) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Member States that have not yet done so are hereby authorised to accept the accession of Armenia to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union.
2. Member States referred to in paragraph 1 shall, no later than 11 December 2016, deposit a declaration of acceptance of the accession of Armenia to the 1980 Hague Convention in the interest of the Union worded as follows:
‘[Full name of MEMBER STATE] declares that it accepts the accession of Armenia to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2015/2358’
3. Each Member State shall inform the Council and the Commission of the deposit of its declaration of acceptance of the accession of Armenia and communicate to the Commission the text of the declaration within two months of its deposit.
Article 2
Those Member States which deposited their declarations of acceptance of the accession of Armenia to the 1980 Hague Convention prior to the date of adoption of this Decision, shall not deposit new declarations.
Article 3
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 4
This Decision is addressed to all Member States with the exception of the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.
Done at Brussels, 10 December 2015.
For the Council
The President
F. BAUSCH
(1) Opinion of 11 February 2015 (not yet published in the Official Journal).
(2) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/26 |
COUNCIL IMPLEMENTING DECISION (CFSP) 2015/2359
of 16 December 2015
implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,
Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1), and in particular Article 30(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 31 May 2013, the Council adopted Decision 2013/255/CFSP. |
(2) |
One person and two entities should no longer be kept on the list of natural and legal persons, entities or bodies subject to restrictive measures set out in Annex I to Decision 2013/255/CFSP. |
(3) |
Decision 2013/255/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex I to Decision 2013/255/CFSP is amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 16 December 2015.
For the Council
The President
C. DIESCHBOURG
(1) OJ L 147, 1.6.2013, p. 14.
ANNEX
The person and two entities listed below, as well as their related entries, are hereby deleted from the list set out in Annex I to Decision 2013/255/CFSP:
A. Persons
No 205. Samir Hamsho
B. Entities
No 68. Syria Steel SA
No 69. Al Buroj Trading
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/28 |
COUNCIL DECISION (EU) 2015/2360
of 16 December 2015
appointing a Greek member and a Greek alternate member of the Committee of the Regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the Greek Government,
Whereas:
(1) |
On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. |
(2) |
On 10 December 2015, a member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Dimitrios KALOGEROPOULOS (politically accountable to the Municipal Council of Maroussi) was proposed. |
(3) |
An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Panagiotis KATSIVELAS, |
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:
(a) |
as member:
and |
(b) |
as alternate member:
|
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 16 December 2015.
For the Council
The President
C. DIESCHBOURG
(1) OJ L 20, 27.1.2015, p. 42.
(3) OJ L 159, 25.6.2015, p. 70.
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/29 |
COUNCIL DECISION (EU) 2015/2361
of 16 December 2015
appointing an Italian member and an Italian alternate member of the Committee of the Regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the Italian Government,
Whereas:
(1) |
On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. |
(2) |
A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Ignazio MARINO. |
(3) |
An alternate member's seat would become vacant following the appointment of Mr Antonio DECARO as a member of the Committee of the Regions, |
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:
(a) |
as member:
and |
(b) |
as alternate member:
|
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 16 December 2015.
For the Council
The President
C. DIESCHBOURG
(1) OJ L 20, 27.1.2015, p. 42.
(3) OJ L 159, 25.6.2015, p. 70.
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/30 |
COMMISSION IMPLEMENTING DECISION (EU) 2015/2362
of 15 December 2015
concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Regulation (EC) No 88/97
(notified under document C(2015) 9049)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), and in particular Article 13(4) thereof,
Having regard to Council Regulation (EC) No 71/97 of 10 January 1997 extending the definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 on bicycles originating in the People's Republic of China to imports of certain bicycle parts from the People's Republic of China, and levying the extended duty on such imports registered under Regulation (EC) No 703/96 (2), and in particular Article 3 thereof,
Having regard to Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorisation of the exemption of imports of certain bicycle parts originating in the People's Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93 (3), and in particular Articles 4, 5, 7 and 10 thereof,
After informing the Member States,
Whereas:
(1) |
An anti-dumping duty currently applies on imports into the European Union of essential bicycle parts originating in the People's Republic of China (‘the extended duty’) as a result of the extension by Regulation (EC) No 71/97 (‘the extending Regulation’) of the anti-dumping duty on imports of bicycles originating in the People's Republic of China (‘China’). |
(2) |
Under Article 3 of the extending Regulation, the European Commission (‘the Commission’) is empowered to adopt the necessary measures to authorise the exemption of imports of essential bicycle parts which do not circumvent the anti-dumping duty. |
(3) |
Those implementing measures are contained in Regulation (EC) No 88/97 (‘the exemption Regulation’) establishing the specific exemption system. |
(4) |
On this basis the Commission has exempted a number of bicycle assemblers from the extended duty (‘the exempted parties’). |
(5) |
As provided for in Article 16(2) of the exemption Regulation, the Commission has published in the Official Journal of the European Union successive lists of the exempted parties (4). |
(6) |
The most recent Commission Implementing Decision concerning exemptions under the exemption Regulation was adopted on 16 April 2014 (5). |
(7) |
Moreover following the screening initiated by Commission Notice 2014/C-299/08 (6) the Commission updated the list of exempted parties through the Commission Implementing Regulation (EU) 2015/831 (7). |
1. REQUESTS FOR EXEMPTION
(8) |
The Commission received from the parties listed in Tables 1, 2 and 4 below the requests for exemption with all the information required to determine that these were admissible pursuant to Article 4(1) of the exemption Regulation. |
(9) |
These parties were given an opportunity to comment on the Commission's conclusions as to the admissibility of their requests. |
(10) |
Pursuant to Article 5(1) of the exemption Regulation pending a decision on the merits of requests from these parties the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties was suspended as from the day on which the Commission received their requests. |
2. AUTHORISATION OF EXEMPTIONS
(11) |
The examination of the merits of the requests from the parties listed in Table 1 has been concluded. Table 1
|
(12) |
The Commission established during this examination that the value of the parts originating in China constituted less than 60 % of the total value of the parts used in these parties' assembly operations. |
(13) |
Consequently, their assembly operations fall outside the scope of Article 13(2) of Regulation (EC) No 1225/2009. |
(14) |
For that reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in Table 1 should be exempted from the extended duty. |
(15) |
In accordance with Article 7(2), their exemptions should take effect as from the date of receipt of their requests and, in addition, their customs debts in respect of the extended duty should be considered void from the same date. |
(16) |
These parties were informed of the Commission's conclusions on the merits of their requests and were given an opportunity to comment thereon. |
(17) |
Since the exemptions will apply only to the parties specifically referred to in Table 1 with their names and addresses, the exempted parties should notify the Commission (8) forthwith, of any changes to these (for instance, following a change in the name, legal form or address or following the setting up of new assembly entities). |
(18) |
In such case, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party. |
3. REJECTION OF REQUEST FOR EXEMPTION AND LIFTING RELATED SUSPENSION
(19) |
The examination of the merits of the request from the party listed in Table 2 has been concluded. Table 2
|
(20) |
The Commission established during this examination that the value of the bicycle parts originating in China constituted more than 60 % of the total value of the parts used in this party's assembly operations, while the party did not demonstrate that value added to the parts brought in during the assembly operation, was greater than 25 % of the manufacturing cost. |
(21) |
Consequently, this party's assembly operations fall within the scope of Article 13(2) of Regulation (EC) No 1225/2009 and the criteria for exemption are not fulfilled. |
(22) |
On these grounds and pursuant to with Article 7(3) of the exemption Regulation, the Commission has to reject this party's request and lift the suspension of the payment of the extended duty referred to in Article 5 of the exemption Regulation. |
(23) |
Consequently, the extended duty should be collected as from the date of receipt of the request for exemption submitted by this party; that is the date on which the suspension took effect. |
(24) |
This party was informed of the Commission's conclusions on the merits of its request and was given an opportunity to comment thereon. No comments were submitted within the deadline. |
(25) |
What is said in the preceding recitals does not exclude the application of an exemption subject to end-use control in accordance with Article 14 of the exemption Regulation. |
4. UPDATE OF REFERENCES TO AN EXEMPTED PARTY
(26) |
The exempted party listed in Table 3 came forward and informed the Commission that its legal form and name have changed. The Commission, after having examined the information submitted, concluded that those changes in no way affect the assembly operations with regard to the conditions of exemption set forth in the exemption Regulation. |
(27) |
While the exemption of this party from the extended duty authorised pursuant to Article 7(1) of the exemption Regulation remain unaffected, the references to this party should be updated. Table 3
|
5. SUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION
(28) |
The examination of the merits of the request from the parties listed in Table 4 is pending. Pending a decision on the merits of their requests from these parties the payment of extended duty by these parties is suspended. |
(29) |
Since the suspensions apply only to the parties specifically referred to in Table 4 with their names and addresses, these parties should notify the Commission (9) forthwith, of any changes to these (for instance following a change in the name, legal form or address or following the setting up of new assembly entities). |
(30) |
In such case, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party. Table 4
|
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 shall apply.
Article 2
The parties listed in Table 1 are hereby exempted from the extension by Regulation (EC) No 71/97 of the definitive anti-dumping duty on bicycles originating in the People's Republic of China imposed by Council Regulation (EEC) No 2474/93 (10) to imports of certain bicycle parts from the People's Republic of China.
The exemptions shall take effect as from the dates of receipt of these parties' requests. These dates are provided for in the column headed ‘Date of effect’.
The exemptions shall apply only to the parties specifically referred to in Table 1 with their names and addresses.
The exempted parties shall notify the Commission forthwith, of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of exemption.
Table 1
Exempted parties
Name |
Address |
Country |
Exemption pursuant to Regulation (EC) No 88/97 |
Date of effect |
TARIC additional code |
c2g-engineering GmbH |
Schlesische Straße 27, DE-10997 Berlin |
Germany |
Article 7 |
16.12.2013 |
B934 |
Solo International Oy |
Pyyntitie 1 B, FI-02230 Espoo |
Finland |
Article 7 |
26.7.2013 |
B940 |
Planet X Ltd |
Unit 6, Ignite Business Park, Magna Way, Rotherham GB-S60 1FD |
United Kingdom |
Article 7 |
7.2.2013 |
A995 |
Longway Poland Sp. z o.o. |
ul. Parzniewska 4a, PL-05-800 Pruszków |
Poland |
Article 7 |
16.12.2013 |
B935 |
BBF Bike GmbH |
Carena Allee 8, DE-15366 Hoppegarten |
Germany |
Article 7 |
14.1.2014 |
B936 |
Article 3
The request for exemption from the extended anti-dumping duty submitted by the party set out in Table 2 is hereby rejected pursuant to Article 7 of Regulation (EC) No 88/97.
The suspension of payment of the extended anti-dumping duty is hereby lifted for this party pursuant to Article 7 of Regulation (EC) No 88/97, as from the date provided for in the column headed ‘Date of effect’.
Table 2
Party for which the suspension shall be lifted
Name |
Address |
Country |
Lifting of suspension pursuant to Regulation (EC) No 88/97 |
Date of effect |
TARIC additional code |
S.C EUROBIKE UNIVERSAL S.R.L. |
Str. Asociației, nr. 4, Movilița, Ialomița |
Romania |
Article 7 |
26.7.2013 |
B941 |
Article 4
Updated references to the exempted party listed in Table 3 are provided for in the column headed ‘New reference’. The corresponding TARIC additional codes previously attributed to these exempted parties as provided for in the column headed ‘TARIC additional code’ remain the same.
Table 3
Exempted party for which the reference shall be updated
Former reference |
New reference |
Country |
TARIC additional code |
Date of effect |
||||
|
|
Italy |
A167 |
1.1.2016 |
Article 5
The parties listed in Table 4 are under examination pursuant to Article 6 of Regulation (EC) No 88/97.
The suspensions of payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 shall be effective as from the dates of receipt of these parties' requests. These dates are provided for in the column headed ‘Date of effect’.
These suspensions shall apply only to the parties under examination specifically referred to in Table 4 with their names and addresses.
These parties shall notify the Commission forthwith, of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of suspension.
Table 4
Parties under examination
Name |
Address |
Country |
Suspension pursuant to Regulation (EC) No 88/97 |
Date of effect |
TARIC additional code |
In Cycles — Montagem e Comércio de Bicicletas Lda |
Zona Industrial De Barrô Norte/Sul, N.o 976, Fracçao A/B e D, AP. 52, PT-3750-353 Barrô — Águeda |
Portugal |
Article 5 |
2.5.2014 |
B960 |
PANEX DINAMIC d.o.o. |
Dr.Tome Bratkoviča 1, HR-40000 Čakovec |
Croatia |
Article 5 |
13.8.2014 |
B963 |
CICLI EUROPA s.r.l. |
34 Via portella Bifuto, IT-93017 San Cataldo (CL) |
Italy |
Article 5 |
10.9.2014 |
C001 |
OLYMPIQUE SARL |
ZA Les Epalits, FR-42610 Saint-Romain-le-Puy |
France |
Article 5 |
28.10.2014 |
C002 |
Interbike Spólka z o.o. |
ul. Śląska 6/5, PL-42-200 Częstochowa |
Poland |
Article 5 |
18.12.2014 |
C003 |
Kuisle & Kuisle GmbH |
Füssener Straße 22 a, DE-87675 Stötten |
Germany |
Article 5 |
17.2.2015 |
C021 |
CycleSport North Ltd |
363 Leach Place, Walton Summit Center, Preston GB-PR5 8AS |
United Kingdom |
Article 5 |
27.4.2015 |
C049 |
Firma Handlowo-Usługowo-Produkcyjna ‘Trans-Rower’ Roman Tylec |
Dąbie 47, PL-39-311 Zdziarzec |
Poland |
Article 5 |
1.7.2015 |
C053 |
Article 6
This Decision is addressed to the Member States and to the parties listed in Articles 2, 3, 4 and 5. It is also published in the Official Journal of the European Union.
Done at Brussels, 15 December 2015.
For the Commission
Cecilia MALMSTRÖM
Member of the Commission
(1) OJ L 343, 22.12.2009, p. 51.
(2) OJ L 16, 18.1.1997, p. 55.
(3) OJ L 17, 21.1.1997, p. 17.
(4) OJ C 45, 13.2.1997, p. 3, OJ C 112, 10.4.1997, p. 9, OJ C 220, 19.7.1997, p. 6, OJ C 378, 13.12.1997, p. 2, OJ C 217, 11.7.1998, p. 9, OJ C 37, 11.2.1999, p. 3, OJ C 186, 2.7.1999, p. 6, OJ C 216, 28.7.2000, p. 8, OJ C 170, 14.6.2001, p. 5, OJ C 103, 30.4.2002, p. 2, OJ C 35, 14.2.2003, p. 3, OJ C 43, 22.2.2003, p. 5, OJ C 54, 2.3.2004, p. 2, OJ C 299, 4.12.2004, p. 4, OJ L 17, 21.1.2006, p. 16 and OJ L 313, 14.11.2006, p. 5, OJ L 81, 20.3.2008, p. 73, OJ C 310, 5.12.2008, p. 19, OJ L 19, 23.1.2009, p. 62, OJ L 314, 1.12.2009, p. 106, OJ L 136, 24.5.2011, p. 99, OJ L 343, 23.12.2011, p. 86, OJ L 119, 23.4.2014, p. 67.
(5) OJ L 119, 23.4.2014, p. 67.
(7) Commission Implementing Regulation (EU) 2015/831 of 28 May 2015 updating the list of parties exempted from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Regulation (EC) No 88/97 following the screening initiated by Commission Notice 2014/C 299/08 (OJ L 132, 29.5.2015, p. 32).
(8) The parties are advised to use the following email address: TRADE-BICYCLE-PARTS@ec.europa.eu
(9) The parties are advised to use the following email address: TRADE-BICYCLE-PARTS@ec.europa.eu
(10) Council Regulation (EEC) No 2474/93 of 8 September 1993 imposing a definitive anti-dumping duty on imports into the Community of bicycles originating in the People's Republic of China and collecting definitively the provisional anti-dumping duty (OJ L 228, 9.9.1993, p. 1).
17.12.2015 |
EN |
Official Journal of the European Union |
L 331/37 |
COMMISSION DECISION (EU) 2015/2363
of 16 December 2015
updating Annex A to the Monetary Agreement between the European Union and the Principality of Monaco
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Monetary Agreement of 29 November 2011 between the European Union and the Principality of Monaco (1), and in particular Article 11(3) thereof,
Whereas:
(1) |
Article 11(2) of the Monetary Agreement between the European Union and the Principality of Monaco (‘the Monetary Agreement’) requires the Principality of Monaco to apply the same rules as those established in the French Republic for the purposes of transposing Union legal acts concerning the activities and prudential regulation of credit institutions and the prevention of systemic risks to payment and securities settlement systems contained in Annex A to the Monetary Agreement. |
(2) |
In accordance with Article 11(3) of the Monetary Agreement, the list included in Annex A to the Agreement needs to be amended by the Commission upon amendment of any relevant texts and also each time a new text is adopted by the Union. |
(3) |
Twenty-four legal acts concerning the activities and prudential regulation of credit institutions and the prevention of systemic risks to payment and securities settlement systems were adopted by the Union and must therefore be added to the list included in Annex A to the Monetary Agreement:
|
(4) |
Annex A to the Monetary Agreement should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex A to the Monetary Agreement between the European Union and the Principality of Monaco is replaced by the text set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 16 December 2015.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ C 310, 13.10.2012, p. 1.
ANNEX
‘ANNEX A
|
Applicable banking and financial legislation |
1 |
With regard to the provisions applicable to credit institutions: Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (OJ L 372, 31.12.1986, p. 1). |
|
amended by: |
2 |
Directive 2001/65/EC of the European Parliament and of the Council of 27 September 2001 amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions (OJ L 283, 27.10.2001, p. 28). |
3 |
Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (OJ L 178, 17.7.2003, p. 16). |
4 |
Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings (OJ L 224, 16.8.2006, p. 1). |
5 |
Council Directive 89/117/EEC of 13 February 1989 on the obligations of branches established in a Member State of credit institutions and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents (OJ L 44, 16.2.1989, p. 40). |
6 |
Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45). |
|
amended by: |
7 |
Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (OJ L 146, 10.6.2009, p. 37). |
8 |
Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98/26/EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC and 2009/65/EC in respect of the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 120). |
9 |
Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1). |
10 |
Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1). |
11 |
Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions (OJ L 125, 5.5.2001, p. 15). |
|
amended by: |
12 |
Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). |
13 |
Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (OJ L 168, 27.6.2002, p. 43). |
|
amended by: |
14 |
Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (OJ L 146, 10.6.2009, p. 37). |
15 |
Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). |
16 |
Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1). |
|
amended by: |
17 |
Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees (OJ L 79, 24.3.2005, p. 9). |
18 |
Directive 2008/25/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2002/87/EC on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate, as regards the implementing powers conferred on the Commission (OJ L 81, 20.3.2008, p. 40). |
19 |
Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98/26/EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC and 2009/65/EC in respect of the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 120). |
20 |
Directive 2011/89/EU of the European Parliament and of the Council of 16 November 2011 amending Directives 98/78/EC, 2002/87/EC, 2006/48/EC and 2009/138/EC as regards the supplementary supervision of financial entities in a financial conglomerate (OJ L 326, 8.12.2011, p. 113). |
21 |
With the exception of Title V: Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338). |
22 |
With regard to the provisions applicable to credit institutions and with the exception of Articles 15, 31 to 33 and Title III: Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1). |
|
amended by: |
23 |
Directive 2006/31/EC of the European Parliament and of the Council of 5 April 2006 amending Directive 2004/39/EC on markets in financial instruments, as regards certain deadlines (OJ L 114, 27.4.2006, p. 60). |
24 |
Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of holdings in the financial sector (OJ L 247, 21.9.2007, p. 1). |
25 |
Directive 2008/10/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2004/39/EC on markets in financial instruments, as regards the implementing powers conferred on the Commission (OJ L 76, 19.3.2008, p. 33). |
26 |
Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98/26/EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC and 2009/65/EC in respect of the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 120). |
|
supplemented and implemented by: |
27 |
Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive (OJ L 241, 2.9.2006, p. 1). |
28 |
Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (OJ L 241, 2.9.2006, p. 26). |
29 |
With regard to the provisions of Titles I and II: Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC: (OJ L 319, 5.12.2007, p. 1). |
|
amended by: |
30 |
Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 amending Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management (OJ L 302, 17.11.2009, p. 97). |
31 |
With the exception of Title V: Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338). |
32 |
Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7). |
|
amended by: |
33 |
With the exception of Title V: Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338). |
34 |
Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12). |
|
amended by: |
35 |
Regulation (EU) No 1022/2013 of the European Parliament and of the Council of 22 October 2013 amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority) as regards the conferral of specific tasks on the European Central Bank pursuant to Council Regulation (EU) No 1024/2013 (OJ L 287, 29.10.2013, p. 5). |
36 |
Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). |
37 |
Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). |
38 |
Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1). |
|
amended by: |
39 |
Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1). |
40 |
Commission Delegated Regulation (EU) No 1002/2013 of 12 July 2013 amending Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to the list of exempted entities (OJ L 279, 19.10.2013, p. 2). |
41 |
Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). |
42 |
Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84). |
43 |
Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73). |
44 |
Commission Delegated Regulation (EU) 2015/1515 of 5 June 2015 amending Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the extension of the transitional periods related to pension scheme arrangements (OJ L 239, 15.9.2015, p. 63). |
|
supplemented and implemented by: |
45 |
Commission Implementing Regulation (EU) No 1247/2012 of 19 December 2012 laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 20). |
46 |
Commission Implementing Regulation (EU) No 1248/2012 of 19 December 2012 laying down implementing technical standards with regard to the format of the records to be maintained by central counterparties according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 30). |
47 |
Commission Implementing Regulation (EU) No 1249/2012 of 19 December 2012 laying down implementing technical standards with regard to the format of the records to be maintained by central counterparties according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 32). |
48 |
Commission Delegated Regulation (EU) No 876/2013 of 28 May 2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on colleges for central counterparties (OJ L 244, 13.9.2013, p. 19). |
49 |
Commission Delegated Regulation (EU) No 1003/2013 of 12 July 2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to fees charged by the European Securities and Markets Authority to trade repositories (OJ L 279, 19.10.2013, p. 4). |
50 |
Commission Delegated Regulation (EU) No 148/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories (OJ L 52, 23.2.2013, p. 1). |
51 |
Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on indirect clearing arrangements, the clearing obligation, the public register, access to a trading venue, non-financial counterparties, and risk mitigation techniques for OTC derivatives contracts not cleared by a CCP (OJ L 52, 23.2.2013, p. 11). |
52 |
Commission Delegated Regulation (EU) No 150/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards specifying the details of the application for registration as a trade repository (OJ L 52, 23.2.2013, p. 25). |
53 |
Commission Delegated Regulation (EU) No 151/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data (OJ L 52, 23.2.2013, p. 33). |
54 |
Commission Delegated Regulation (EU) No 152/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on capital requirements for central counterparties (OJ L 52, 23.2.2013, p. 37). |
55 |
Commission Delegated Regulation (EU) No 153/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards for own funds requirements for institutions (OJ L 52, 23.2.2013, p. 41). |
56 |
Commission Delegated Regulation (EU) No 285/2014 of 13 February 2014 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on direct, substantial and foreseeable effect of contracts within the Union and to prevent the evasion of rules and obligations (OJ L 85, 21.3.2014, p. 1). |
57 |
Commission Delegated Regulation (EU) No 667/2014 of 13 March 2014 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to rules of procedure for penalties imposed on trade repositories by the European Securities and Markets Authority including rules on the right of defence and temporal provisions (OJ L 179, 19.6.2014, p. 31). |
58 |
Commission Implementing Regulation (EU) No 484/2014 of 12 May 2014 laying down implementing technical standards with regard to the hypothetical capital of a central counterparty according to Regulation (EU) No 648/2012 of the European Parliament and of the Council (OJ L 138, 13.5.2014, p. 57). |
59 |
Commission Implementing Regulation (EU) 2015/880 of 4 June 2015 on the extension of the transitional periods related to own funds requirements for exposures to central counterparties in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council (OJ L 143, 9.6.2015, p. 7). |
60 |
Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1). |
|
amended by: |
61 |
Commission Delegated Regulation (EU) 2015/62 of 10 October 2014 amending Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to the leverage ratio (OJ L 11, 17.1.2015, p. 37). |
62 |
Commission Delegated Regulation (EU) 2015/1555 of 28 May 2015 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for the disclosure of information in relation to the compliance of institutions with the requirement for a countercyclical capital buffer in accordance with Article 440 (OJ L 244, 19.9.2015, p. 1). |
63 |
Commission Delegated Regulation (EU) 2015/1556 of 11 June 2015 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for the transitional treatment of equity exposures under the IRB approach (OJ L 244, 19.9.2015, p. 9). |
|
supplemented and implemented by: |
64 |
Commission Implementing Regulation (EU) No 1423/2013 of 20 December 2013 laying down implementing technical standards with regard to disclosure of own funds requirements for institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 355, 31.12.2013, p. 60). |
65 |
Commission Delegated Regulation (EU) No 183/2014 of 20 December 2013 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council on prudential requirements for credit institutions and investment firms, with regard to regulatory technical standards for specifying the calculation of specific and general credit risk adjustments (OJ L 57, 27.2.2014, p. 3). |
66 |
Commission Delegated Regulation (EU) No 241/2014 of 7 January 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for own funds requirements for institutions (OJ L 74, 14.3.2014, p. 8). |
|
amended by: |
67 |
Commission Delegated Regulation (EU) 2015/488 of 4 September 2014 amending Delegated Regulation (EU) No 241/2014 as regards own funds requirements for firms based on fixed overheads (OJ L 78, 24.3.2015, p. 1). |
68 |
Commission Delegated Regulation (EU) 2015/850 of 30 January 2015 amending Delegated Regulation (EU) No 241/2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for own funds requirements for institutions (OJ L 135, 2.6.2015, p. 1). |
69 |
Commission Delegated Regulation (EU) 2015/923 of 11 March 2015 amending Delegated Regulation (EU) No 241/2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for own funds requirements for institutions (OJ L 150, 17.6.2015, p. 1). |
70 |
Commission Delegated Regulation (EU) No 342/2014 of 21 January 2014 supplementing Directive 2002/87/EC of the European Parliament and of the Council and Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for the application of the calculation methods of capital adequacy requirements for financial conglomerates (OJ L 100, 3.4.2014, p. 1). |
71 |
Commission Delegated Regulation (EU) No 523/2014 of 12 March 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for determining what constitutes the close correspondence between the value of an institution's covered bonds and the value of the institution's assets (OJ L 148, 20.5.2014, p. 4). |
72 |
Commission Delegated Regulation (EU) No 525/2014 of 12 March 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for the definition of market (OJ L 148, 20.5.2014, p. 15). |
73 |
Commission Delegated Regulation (EU) No 526/2014 of 12 March 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for determining proxy spread and limited smaller portfolios for credit valuation adjustment risk (OJ L 148, 20.5.2014, p. 17). |
74 |
Commission Delegated Regulation (EU) No 528/2014 of 12 March 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for non-delta risk of options in the standardised market risk approach (OJ L 148, 20.5.2014, p. 29). |
75 |
Commission Delegated Regulation (EU) No 529/2014 of 12 March 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for assessing the materiality of extensions and changes of the Internal Ratings Based Approach and the Advanced Measurement Approach (OJ L 148, 20.5.2014, p. 36). |
|
amended by: |
76 |
Commission Delegated Regulation (EU) 2015/942 of 4 March 2015 amending Delegated Regulation (EU) No 529/2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council as regards regulatory technical standards for assessing the materiality of extensions and changes of internal approaches when calculating own funds requirements for market risk (OJ L 154, 19.6.2015, p. 1). |
77 |
Commission Delegated Regulation (EU) No 625/2014 of 13 March 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council by way of regulatory technical standards specifying the requirements for investor, sponsor, original lenders and originator institutions relating to exposures to transferred credit risk (OJ L 174, 13.6.2014, p. 16). |
78 |
Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 191, 28.6.2014, p. 1). |
79 |
Commission Implementing Regulation (EU) 2015/227 of 9 January 2015 amending Implementing Regulation (EU) No 680/2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 48, 20.2.2015, p. 1). |
80 |
Commission Implementing Regulation (EU) No 602/2014 of 4 June 2014 laying down implementing technical standards for facilitating the convergence of supervisory practices with regard to the implementation of additional risk weights according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 166, 5.6.2014, p. 22). |
81 |
Commission Implementing Regulation (EU) No 945/2014 of 4 September 2014 laying down implementing technical standards with regard to relevant appropriately diversified indices according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 265, 5.9.2014, p. 3). |
82 |
Commission Implementing Regulation (EU) No 1030/2014 of 29 September 2014 laying down implementing technical standards with regard to the uniform formats and date for the disclosure of the values used to identify global systemically important institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 284, 30.9.2014, p. 14). |
83 |
Commission Delegated Regulation (EU) No 1187/2014 of 2 October 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council as regards regulatory technical standards for determining the overall exposure to a client or a group of connected clients in respect of transactions with underlying assets (OJ L 324, 7.11.2014, p. 1). |
84 |
Commission Delegated Regulation (EU) 2015/61 of 10 October 2014 to supplement Regulation (EU) No 575/2013 of the European Parliament and the Council with regard to liquidity coverage requirement for Credit Institutions (OJ L 11, 17.1.2015, p. 1). |
85 |
Commission Implementing Regulation (EU) 2015/79 of 18 December 2014 amending Implementing Regulation (EU) No 680/2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council as regards asset encumbrance, single data point model and validation rules (OJ L 14, 21.1.2015, p. 1). |
86 |
Commission Delegated Regulation (EU) 2015/585 of 18 December 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for the specification of margin periods of risk (OJ L 98, 15.4.2015, p. 1). |
87 |
Commission Implementing Regulation (EU) 2015/233 of 13 February 2015 laying down implementing technical standards with regard to currencies in which there is an extremely narrow definition of central bank eligibility pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 39, 14.2.2015, p. 11). |
88 |
Commission Implementing Regulation (EU) 2015/880 of 4 June 2015 on the extension of the transitional periods related to own funds requirements for exposures to central counterparties in Regulations (EU) No 575/2013 and (EU) No 648/2012 of the European Parliament and of the Council (OJ L 143, 9.6.2015, p. 7). |
89 |
With the exception of Title V: Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338). |
|
amended by: |
90 |
Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). |
|
supplemented and implemented by: |
91 |
Commission Delegated Regulation (EU) No 604/2014 of 4 March 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards with respect to qualitative and appropriate quantitative criteria to identify categories of staff whose professional activities have a material impact on an institution's risk profile (OJ L 167, 6.6.2014, p. 30). |
92 |
Commission Delegated Regulation (EU) No 527/2014 of 12 March 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the classes of instruments that adequately reflect the credit quality of an institution as a going concern and are appropriate to be used for the purposes of variable remuneration (OJ L 148, 20.5.2014, p. 21). |
93 |
Commission Delegated Regulation (EU) No 530/2014 of 12 March 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards further defining material exposures and thresholds for internal approaches to specific risk in the trading book (OJ L 148, 20.5.2014, p. 50). |
94 |
Commission Delegated Regulation (EU) No 1152/2014 of 4 June 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards on the identification of the geographical location of the relevant credit exposures for calculating institution-specific countercyclical capital buffer rates (OJ L 309, 30.10.2014, p. 5). |
95 |
Commission Implementing Regulation (EU) No 650/2014 of 4 June 2014 laying down implementing technical standards with regard to the format, structure, contents list and annual publication date of the information to be disclosed by competent authorities in accordance with Directive 2013/36/EU of the European Parliament and of the Council (OJ L 185, 25.6.2014, p. 1). |
96 |
Commission Implementing Regulation (EU) No 710/2014 of 23 June 2014 laying down implementing technical standards with regard to conditions of application of the joint decision process for institution-specific prudential requirements according to Directive 2013/36/EU of the European Parliament and of the Council (OJ L 188, 27.6.2014, p. 19). |
97 |
Commission Delegated Regulation (EU) No 1222/2014 of 8 October 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards for the specification of the methodology for the identification of global systemically important institutions and for the definition of subcategories of global systemically important institutions (OJ L 330, 15.11.2014, p. 27). |
98 |
Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (recast) (OJ L 173, 12.6.2014, p. 149). |
99 |
Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). |
|
amended by: |
100 |
Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ L 11, 17.1.2015, p. 44). |
101 |
With regard to the provisions applicable to credit institutions and with the exception of Articles 34 to 36 and Title III: Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (recast) (OJ L 173, 12.6.2014, p. 349): |
|
amended by: |
102 |
Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1). |
103 |
With regard to the provisions applicable to credit institutions: Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84)’ |