17.3.2016

Official Journal of the European Union

L 72/1

COMMISSION IMPLEMENTING REGULATION (EU) 2016/378

of 11 March 2016

laying down implementing technical standards with regard to the timing, format and template of the submission of notifications to competent authorities according to Regulation (EU) No 596/2014 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (1), and in particular, the third subparagraph of Article 4(5) thereof,

Whereas:

(1)

In order to ensure the coherence of reporting obligations and to reduce the administrative burden for entities subject to such obligations, it is necessary to align the reporting obligations under this Regulation and under Commission Delegated Regulation to be adopted in accordance with the third subparagraph of Article 27(3) of Regulation (EU) No 600/2014 of the European Parliament and of the Council (2).

(2)

In order to enable the competent authorities and the European Securities and Markets Authority (ESMA) to ensure data quality and effective market monitoring, for the benefit of market integrity, the competent authorities and ESMA should be able to promptly receive complete notifications in respect of each trading day.

(3)

For the purposes of effective and efficient use of data by competent authorities, there should be consistency in the templates and formats used when submitting notifications of financial instruments. Adherence to the relevant international standards with regard to the details included in those notifications promotes those purposes.

(4)	This Regulation is based on the draft implementing technical standards submitted by ESMA to the Commission.

(5)

ESMA has conducted open public consultations on the draft implementing technical standard on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Securities and Markets Stakeholder Group established by Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (3).

(6)	In order to ensure the smooth functioning of the financial markets, it is necessary that this Regulation enters into force as a matter of urgency and that the provisions laid down in this Regulation apply from the same date as those laid down in Regulation (EU) No 596/2014,

HAS ADOPTED THIS REGULATION:

Article 1

1. By no later than 21.00 CET on each day that it is open for trading, a trading venue shall, using automated processes, provide to its competent authority pursuant to Article 4(1) of Regulation (EU) No 596/2014 the notifications of all financial instruments which, before 18.00 CET on that day, were for the first time subject to a request for admission to trading or admitted to trading or traded on that trading venue, including where orders or quotes were placed through its system, or ceased to be traded or to be admitted to trading on the trading venue.

2. Notifications of financial instruments which, after 18.00 CET, were for the first time subject to a request for admission to trading or admitted to trading or traded on the trading venue, including where orders or quotes were placed through its system, or ceased to be traded or to be admitted to trading on the trading venue, shall be made, using automated processes, by the trading venue to the competent authority by no later than 21.00 CET of the next day on which it is open for trading.

3. Competent authorities shall transmit notifications referred to in paragraphs 1 and 2 pursuant to Article 4(2) of Regulation (EU) No 596/2014 to ESMA each day by no later than 23.59 CET using automated processes and secure electronic communication channels between them and ESMA.

Article 2

All details to be included in notifications pursuant to Article 4(1) and (2) of Regulation (EU) No 596/2014 shall be submitted in accordance with the standards and formats specified in the Annex to this Regulation, in an electronic and machine-readable form and in a common XML template in accordance with the ISO 20022 methodology.

Article 3

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

It shall apply from 3 July 2016.

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

Done at Brussels, 11 March 2016.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 173, 12.6.2014, p. 1.

(2) 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).

(3) Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

ANNEX

Standards and formats of the submission of notifications to competent authorities according to Regulation (EU) No 596/2014

Table 1

Legend for Table 3

SYMBOL

DATA TYPE

DEFINITION

{ALPHANUM-n}

Up to n alphanumerical characters

Free text field.

{CFI_CODE}

6 characters

ISO 10962 CFI code.

{COUNTRYCODE_2}

2 alphanumerical characters

2-letter country code, as defined by ISO 3166-1 alpha-2 country code.

{CURRENCYCODE_3}

3 alphanumerical characters

3-letter currency code, as defined by ISO 4217 currency codes

{DATE_TIME_FORMAT}

ISO 8601 date and time format

—	Date and time in the following format:

—	YYYY-MM-DDThh:mm:ss.ddddddZ.

—	‘YYYY’ is the year;

—	‘MM’ is the month;

—	‘DD’ is the day;

—	‘T’ — means that the letter ‘T’ shall be used

—	‘hh’ is the hour;

—	‘mm’ is the minute;

—	‘ss.dddddd’ is the second and its fraction of a second;

—	Z is UTC time.

Dates and times shall be reported in UTC.

{DATEFORMAT}

ISO 8601 date format

Dates shall be formatted by the following format:

YYYY-MM-DD.

{DECIMAL-n/m}

Decimal number of up to n digits in total of which up to m digits can be fraction digits

Numerical field for both positive and negative values.

—	decimal separator is ‘.’ (full stop);

—	negative numbers are prefixed with ‘-’ (minus);

Values are rounded and not truncated.

{INDEX}

4 alphabetic characters

‘EONA’ — EONIA

‘EONS’ — EONIA SWAP

‘EURI’ — EURIBOR

‘EUUS’ — EURODOLLAR

‘EUCH’ — EuroSwiss

‘GCFR’ — GCF REPO

‘ISDA’ — ISDAFIX

‘LIBI’ — LIBID

‘LIBO’ — LIBOR

‘MAAA’ — Muni AAA

‘PFAN’ — Pfandbriefe

‘TIBO’ — TIBOR

‘STBO’ — STIBOR

‘BBSW’ — BBSW

‘JIBA’ — JIBAR

‘BUBO’ — BUBOR

‘CDOR’ — CDOR

‘CIBO’ — CIBOR

‘MOSP’ — MOSPRIM

‘NIBO’ — NIBOR

‘PRBO’ — PRIBOR

‘TLBO’ — TELBOR

‘WIBO’ — WIBOR

‘TREA’ — Treasury

‘SWAP’ — SWAP

‘FUSW’ — Future SWAP

{INTEGER-n}

Integer number of up to n digits in total

Numerical field for both positive and negative integer values.

{ISIN}

12 alphanumerical characters

ISIN code, as defined in ISO 6166.

{LEI}

20 alphanumerical characters

Legal entity identifier as defined in ISO 17442.

{MIC}

4 alphanumerical characters

Market identifier as defined in ISO 10383.

{FISN}

35 alphanumeric characters

FISN code as defined in ISO 18774.

Table 2

Classification of commodity and emission allowances derivatives for Table 3 (fields 35-37)

Base product	Sub product	Further sub product
‘AGRI’ — Agricultural	‘GROS’ — Grains and Oil Seeds	‘FWHT’ — Feed Wheat ‘SOYB’ — Soybeans ‘CORN’ — Maize ‘RPSD’ — Rapeseed ‘RICE’ — Rice ‘OTHR’ — Other
	‘SOFT’ — Softs	‘CCOA’ — Cocoa ‘ROBU’ — Robusta Coffee ‘WHSG’ — White Sugar ‘BRWN’ — Raw Sugar ‘OTHR’ — Other
	‘POTA’ — Potato
	‘OOLI’ — Olive oil	‘LAMP’ — Lampante'
	‘DIRY’ — Dairy
	‘FRST’ — Forestry
	‘SEAF’ — Seafood
	‘LSTK’ — Livestock
	‘GRIN’ — Grain	‘MWHT’ — Milling Wheat
‘NRGY’ — Energy	‘ELEC’ -Electricity	‘BSLD’ — Base load ‘FITR’ — Financial Transmission Rights ‘PKLD’ — Peak load ‘OFFP’ — Off-peak ‘OTHR’ — Other
	‘NGAS’ — Natural Gas	‘GASP’ — GASPOOL ‘LNGG’ — LNG ‘NBPG’ — NBP ‘NCGG’ — NCG ‘TTFG’ — TTF
	‘OILP’ — Oil	‘BAKK’ — Bakken ‘BDSL’ — Biodiesel ‘BRNT’ — Brent ‘BRNX’ — Brent NX ‘CNDA’ — Canadian ‘COND’ — Condensate ‘DSEL’ — Diesel ‘DUBA’ — Dubai ‘ESPO’ — ESPO ‘ETHA’ — Ethanol ‘FUEL’ — Fuel ‘FOIL’ — Fuel Oil ‘GOIL’ — Gasoil ‘GSLN’ — Gasoline ‘HEAT’ — Heating Oil ‘JTFL’ — Jet Fuel ‘KERO’ — Kerosene ‘LLSO’ — Light Louisiana Sweet (LLS) ‘MARS’ — Mars ‘NAPH’ — Naptha ‘NGLO’ — NGL ‘TAPI’ — Tapis ‘URAL’ — Urals ‘WTIO’ — WTI
	‘COAL’ — Coal ‘INRG’ — Inter Energy ‘RNNG’ — Renewable energy ‘LGHT’ — Light ends ‘DIST’ — Distillates
‘ENVR’ — Environmental	‘EMIS’ — Emissions	‘CERE’ — CER ‘ERUE’ — ERU ‘EUAE’ — EUA ‘EUAA’ — EUAA ‘OTHR’ — Other
‘ENVR’ — Environmental	‘WTHR’ — Weather ‘CRBR’ — Carbon-related'
‘FRGT’ — ‘Freight’	‘WETF’ — Wet	‘TNKR’ -Tankers
	‘DRYF’ — Dry	‘DBCR’ -Dry bulk carriers
	‘CSHP’ — Container ships
‘FRTL’ — ‘Fertilizer’	‘AMMO’ — Ammonia ‘DAPH’ — DAP (Diammonium Phosphate) ‘PTSH’ — Potash ‘SLPH’ — Sulphur ‘UREA’ — Urea ‘UAAN’ — UAN (urea and ammonium nitrate)
‘INDP’ — Industrial products'	‘CSTR’ — Construction ‘MFTG’ — Manufacturing
‘METL’ — Metals'	‘NPRM’ — Non-Precious	‘ALUM’ — Aluminium ‘ALUA’ — Aluminium Alloy ‘CBLT’ — Cobalt ‘COPR’ — Copper ‘IRON’ — Iron ore ‘LEAD’ — Lead ‘MOLY’ — Molybdenum ‘NASC’ — NASAAC ‘NICK’ — Nickel ‘STEL’ — Steel ‘TINN’ — Tin ‘ZINC’ — Zinc ‘OTHR’ — Other
‘METL’ — Metals'	‘PRME’ — Precious	‘GOLD’ — Gold ‘SLVR’ — Silver ‘PTNM’ — Platinum ‘PLDM’ — Palladium ‘OTHR’ — Other
‘MCEX’ — Multi Commodity Exotic'
‘PAPR’ — Paper	‘CBRD’ — Containerboard ‘NSPT’ — Newsprint ‘PULP’ — Pulp ‘RCVP’ — Recovered paper
‘POLY’ — Polypropylene	‘PLST’ — Plastic
‘INFL’ — Inflation
‘OEST’ — Official economic statistics'
‘OTHC’ — Other C10 ‘as defined in Table 10.1 Section 10 of Annex III to Commission Delegated Regulation supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards on transparency requirements for trading venues and investment firms in respect of bonds, structured finance products, emission allowances and derivatives.	'DLVR’ — Deliverable ‘NDLV’ — Non-deliverable
‘OTHR’ — Other

Table 3

Standards and formats to be used in the notifications to be submitted in accordance with Article 4(1) and (2) of Regulation (EU) No 596/2014

FIELD

STANDARDS AND FORMATS TO BE USED FOR REPORTING

General Fields

Instrument identification code

{ISIN}

Instrument full name

{ALPHANUM-350}

Instrument classification

{CFI_CODE}

Commodities derivative indicator

‘true’ — Yes

‘false’ — No

Issuer related fields

Issuer or operator of the trading venue identifier

{LEI}

Venue related fields

Trading venue

{MIC}

Financial instrument short name

{FISN}

Request for admission to trading by issuer

‘true’ — Yes

‘false’ — No

Date of approval of the admission to trading

{DATE_TIME_FORMAT}

Date of request for admission to trading

{DATE_TIME_FORMAT}

Date of admission to trading or date of first trade

{DATE_TIME_FORMAT}

Termination date

{DATE_TIME_FORMAT}

Notional related fields

Notional currency 1

{CURRENCYCODE_3}

Bonds or other forms of securitised debt related fields

Total issued nominal amount

{DECIMAL-18/5}

Maturity date

{DATEFORMAT}

Currency of nominal value

{CURRENCYCODE_3}

Nominal value per unit/minimum traded value

{DECIMAL-18/5}

Fixed rate

{DECIMAL-11/10}

Expressed as a percentage (e.g. 7.0 means 7 % and 0.3 means 0,3 %)

Identifier of the index/benchmark of a floating rate bond

{ISIN}

Name of the index/benchmark of a floating rate bond

{INDEX}

{ALPHANUM-25} — if the index name is not included in the {INDEX} list

Term of the index/benchmark of a floating rate bond.

{INTEGER-3}+‘DAYS’ — days

{INTEGER-3}+‘WEEK’ — weeks

{INTEGER-3}+‘MNTH’ — months

{INTEGER-3}+‘YEAR’ — years

Base Point Spread of the index/benchmark of a floating rate bond

{INTEGER-5}

Seniority of the bond

‘SNDB’ — Senior Debt

‘MZZD’ — Mezzanine

‘SBOD’ — Subordinated Debt

‘JUND’ — Junior Debt

Derivatives and Securitised Derivatives related fields

Expiry date

{DATEFORMAT}

Price multiplier

{DECIMAL-18/17}

Underlying instrument code

{ISIN}

Underlying issuer

{LEI}

Underlying index name

{INDEX}

{ALPHANUM-25} — if the index name is not included in the {INDEX} list

Term of the underlying index

{INTEGER-3}+‘DAYS’ — days

{INTEGER-3}+‘WEEK’ — weeks

{INTEGER-3}+‘MNTH’ — months

{INTEGER-3}+‘YEAR’ — years

Option type

‘PUTO’ — Put

‘CALL’ — Call

‘OTHR’ — where it cannot be determined whether it is a call or a put

Strike price

{DECIMAL-18/13} in case the price is expressed as monetary value

{DECIMAL-11/10} in case the price is expressed as percentage or yield

{DECIMAL-18/17} in case the price is expressed as basis points

‘PNDG’ in case the price is not available

Strike price currency

{CURRENCYCODE_3}

Option exercise style

‘EURO’ — European

‘AMER’ — American

‘ASIA’ — Asian

‘BERM’ — Bermudan

‘OTHR’ — Any other type

Delivery type

‘PHYS’ — Physically Settled

‘CASH’ — Cash settled

‘OPTN’ — Optional for counterparty or when determined by a third party

Commodity and emission allowances derivatives

Base product

Only values in the ‘Base product’ column of the classification of commodities and emission allowances derivatives table are allowed.

Sub product

Only values in the ‘Sub product’ column of the classification of commodities and emission allowances derivatives table are allowed.

Further sub product

Only values in the ‘Further sub product’ of the classification of commodities and emission allowances derivatives table are allowed.

Transaction type

‘FUTR’ — Futures

‘OPTN’ — Options

‘TAPO’ — TAPOS

‘SWAP’ — SWAPS

‘MINI’ — Minis

‘OTCT’ — OTC

‘ORIT’ — Outright

‘CRCK’ — Crack

‘DIFF’ — Differential

‘OTHR’ — Other

Final price type

‘ARGM’ — Argus/McCloskey

‘BLTC’ — Baltic

‘EXOF’ — Exchange

‘GBCL’ — GlobalCOAL

‘IHSM’ — IHS McCloskey

‘PLAT’ — Platts

‘OTHR’ — Other

Interest rate derivatives

—	The fields in this section should only be populated for instruments that have non-financial instrument of type interest rates as underlying.

Reference rate

{INDEX}

{ALPHANUM-25}- if the reference rate is not included in the {INDEX} list

IR Term of contract

{INTEGER-3}+‘DAYS’ — days

{INTEGER-3}+‘WEEK’ — weeks

{INTEGER-3}+‘MNTH’ — months

{INTEGER-3}+‘YEAR’ — years

Notional currency 2

{CURRENCYCODE_3}

Fixed rate of leg 1

{DECIMAL -11/10}

Expressed as a percentage (e.g. 7.0 means 7 % and 0.3 means 0,3 %)

Fixed rate of leg 2

{DECIMAL -11/10}

Expressed as a percentage (e.g. 7.0 means 7 % and 0.3 means 0,3 %)

Floating rate of leg 2

{INDEX}

{ALPHANUM-25} — if the reference rate is not included in the {INDEX} list

IR Term of contract of leg 2

{INTEGER-3}+‘DAYS’ — days

{INTEGER-3}+‘WEEK’ — weeks

{INTEGER-3}+‘MNTH’ — months

{INTEGER-3}+‘YEAR’ — years

Foreign exchange derivatives

—	The fields in this section should only be populated for instruments that have non-financial instrument of type foreign exchange as underlying.

Notional currency 2

{CURRENCYCODE_3}

FX Type

‘FXCR’ — FX Cross Rates

‘FXEM’ — FX Emerging Markets

‘FXMJ’ — FX Majors

17.3.2016

Official Journal of the European Union

L 72/13

COMMISSION IMPLEMENTING REGULATION (EU) 2016/379

of 11 March 2016

amending Regulation (EC) No 684/2009 as regards the data to be submitted under the computerised procedure for the movement of excise goods under suspension of excise duty

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (1), and in particular Article 29(1) thereof,

Whereas:

(1)	The Annexes to Commission Regulation (EC) No 684/2009 (2) lay down the structure and content of electronic messages used for the purposes of movements of excise goods under suspension of excise duty, as well as the codes required for the completion of certain data fields in those messages.

(2)

In order to improve the tracking of traders by the competent authorities of the Member State of dispatch and of the Member State of export and to ensure the correlation of information between the Member State of dispatch and the Member State of export where excise goods under suspension of excise duty are to be exported as referred to in Article 21(5) of Directive 2008/118/EC, the consignor should have the possibility to indicate the Economic Operators Registration and Identification number (EORI number), as defined in Article 1(18) of Commission Delegated Regulation (EU) 2015/2446 (3), of the declarant who lodges the export declaration.

(3)	In order to improve the integrity of the information contained in numeric data items, the completion of data elements with erroneous zero values should not be permitted.

(4)

Under Commission Regulation (EC) No 436/2009 (4), certain indications regarding wine products, namely the protected designation of origin and protected geographical indication, the vintage year and the wine grape variety, are to be certified in an accompanying document. Where the computerised system is to be used, the content of the electronic administrative document should therefore be adapted to allow for the recording of those indications.

(5)

Under the conditions laid down in Article 12(3) of Regulation (EC) No 110/2008 of the European Parliament and of the Council (5), where a spirit drink has been aged under revenue supervision, the age of the spirit drink may be specified in its description, presentation or labelling. Therefore it is necessary to modify the description of data elements concerning spirit drinks in the electronic administrative document.

(6)	In order to cancel the movement, the cancellation reason code has to be provided in the cancellation message. The possible values of that code consist of a single digit. The length of the data element concerned should therefore be limited to one digit.

(7)

In the case of movements of energy products under a duty suspension arrangement by sea or inland waterways to a consignee who is not definitely known at the time when the consignor submits the draft electronic administrative document, the competent authorities of the Member State of dispatch may, in accordance with Article 22 of Directive 2008/118/EC, authorise the consignor to omit the data concerning the consignee. Therefore, the requirements concerning the trader identification should not apply where a movement of energy products under suspension of excise duty is split in accordance with Article 23 of Directive 2008/118/EC and the consignee is not definitely known.

(8)	Council Directive 95/59/EC (6) was repealed and replaced by Council Directive 2011/64/EU (7). In the interest of clarity, the references to the repealed Directive in Regulation (EC) No 684/2009 should be updated.

(9)	Regulation (EC) No 684/2009 should therefore be amended accordingly.

(10)	The measures provided for in this Regulation are in accordance with the opinion of the Committee on Excise Duty,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 684/2009 is amended as follows:

(1)	Annex I is amended as set out in Annex I to this Regulation;

(2)	Annex II is amended as set out in Annex II to this Regulation.

Article 2

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

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

Done at Brussels, 11 March 2016.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 9, 14.1.2009, p. 12.

(2) Commission Regulation (EC) No 684/2009 of 24 July 2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of excise goods under suspension of excise duty (OJ L 197, 29.7.2009, p. 24).

(3) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

(4) Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ L 128, 27.5.2009, p. 15).

(5) Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).

(6) Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (OJ L 291, 6.12.1995, p. 40).

(7) Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ L 176, 5.7.2011, p. 24).

ANNEX I

In Annex I to Regulation (EC) No 684/2009, tables 1 to 6 are replaced by the following:

‘Table 1

(referred to in Article 3(1) and Article 8(1))

Draft electronic administrative document and electronic administrative document

ATTRIBUTE

Message Type

The possible values are:

1	=	Standard submission (to be used in all cases except where submission concerns export with local clearance),
2	=	Submission for export with local clearance.

The message type must not occur in the e-AD to which an ARC has been assigned, nor in the paper document referred to in Article 8(1) of this Regulation.

Deferred Submission Flag

‘R’ for submission of an e-AD for a movement that has begun under cover of the paper document referred to in Article 8(1)

Possible values:

0	=	false,
1	=	true.

The value is ‘false’ by default.

This data element must not occur in the e-AD to which an ARC has been assigned, nor in the paper document referred to in Article 8(1).

EXCISE MOVEMENT e-AD

Destination Type Code

Provide the destination of the movement using one of the following values:

1	=	Tax warehouse (point (i) of Article 17(1)(a) of Directive 2008/118/EC),
2	=	Registered consignee (point (ii) of Article 17(1)(a) of Directive 2008/118/EC),
3	=	Temporary registered consignee (point (ii) of Article 17(1)(a) and Article 19(3) of Directive 2008/118/EC),
4	=	Direct delivery (Article 17(2) of Directive 2008/118/EC),
5	=	Exempted consignee (point (iv) of Article 17(1)(a) of Directive 2008/118/EC),
6	=	Export (point (iii) of Article 17(1)(a) of Directive 2008/118/EC),
8	=	Unknown destination (consignee unknown; Article 22 of Directive 2008/118/EC).

Journey Time

Provide the normal period of time necessary for the journey taking into account the means of transport and the distance involved, expressed in hours (H) or days (D) followed by a two-digit number (examples: H12, or D04). Indication for ‘H’ should be less or equal to 24. Indication for ‘D’ should be less or equal to 92.

an3

Transport Arrangement

Identify the person responsible for arranging the first transport using one of the following values:

1	=	Consignor,
2	=	Consignee,
3	=	Owner of goods,
4	=	Other.

ARC

To be provided by the competent authorities of the Member State of dispatch upon validation of the draft e-AD

See Code list 2 of Annex II.

an21

Date and Time of Validation of e-AD

To be provided by the competent authorities of the Member State of dispatch upon validation of the draft e-AD

The addressed time is local time.

dateTime

Sequence Number

To be provided by the competent authorities of the Member State of dispatch upon validation of the draft e-AD and for each change of destination

Set to 1 at initial validation and then incremented by 1 in each e-AD generated by the competent authorities of the Member State of dispatch upon each change of destination.

n..2

Date and Time of Validation of Update

The date and time of validation of the change of destination message in Table 3, to be provided by the competent authorities of the Member State of dispatch in case of change of destination

The addressed time is local time.

dateTime

TRADER Consignor

Trader Excise Number

Provide a valid SEED registration number of the authorised warehousekeeper or registered consignor.

an13

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

TRADER Place of Dispatch

‘R’ if Origin Type Code in box 9d is ‘1’

Tax Warehouse Reference

Provide a valid SEED registration number of the tax warehouse of dispatch.

an13

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

OFFICE of Dispatch — Import

‘R’ if Origin Type Code in box 9d is ‘2’

Office Reference Number

Provide the code of the customs office responsible for release for free circulation. See Code list 5 of Annex II.

Enter a code of a customs office that exists in the customs office list.

an8

TRADER Consignee

‘R’, except for message type ‘2 — Submission for export with local clearance’ or for Destination Type Code 8

(See Destination Type Codes in box 1a)

Trader Identification

—	‘R’ for Destination Type Code 1, 2, 3 and 4

—	‘O’ for Destination Type Code 6

—	This data element does not apply for Destination Type Code 5

(See Destination Type Codes in box 1a)

For Destination Type Code:

—	1, 2, 3 and 4: provide a valid SEED registration number of the authorised warehousekeeper or registered consignee,

—	6: provide the VAT identification number of the person representing the consignor at the office of export.

an..16

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

EORI Number

—	‘O’ for Destination Type Code 6

—	This data element does not apply for Destination Type Code 1, 2, 3, 4, 5 and 8

(See Destination Type Codes in box 1a)

Provide the EORI number of the person responsible for lodging the export declaration as set out in Article 21(5) of Directive 2008/118/EC.

an..17

TRADER COMPLEMENT Consignee

‘R’ for Destination Type Code 5

(See Destination Type Codes in box 1a)

Member State Code

Provide the Member State of destination using the Member State Code in Code list 3 of Annex II.

Serial Number of Certificate of Exemption

‘R’ if a serial number is mentioned on the excise duty exemption certificate established in Commission Regulation (EC) No 31/96 (1)

an..255

TRADER Place of Delivery

—	‘R’ for Destination Type Code 1 and 4

—	‘O’ for Destination Type Code 2, 3 and 5

(See Destination Type Codes in box 1a)

Provide the actual place of delivery of the excise goods.

For Destination Type Code 2, the data group:

—	is ‘O’ for the e-AD, since the Member State of dispatch can fill in this box with the address of the registered consignee defined in SEED,

—	does not apply for the draft e-AD.

Trader Identification

—	‘R’ for Destination Type Code 1

—	‘O’ for Destination Type Code 2, 3, and 5

(See Destination Type Code in box 1a)

For Destination Type Code:

—	1: provide a valid SEED registration number of the tax warehouse of destination,

—	2, 3 and 5: provide the VAT identification number or any other identifier.

an..16

Trader Name

—	‘R’ for Destination Type Code 1, 2, 3 and 5

—	‘O’ for Destination Type Code 4

(See Destination Type Codes in box 1a)

an..182

Street Name

For box 7c, 7e and 7f:

—	‘R’ for Destination Type Code 2, 3, 4 and 5

—	‘O’ for Destination Type Code 1

(See Destination Type Codes in box 1a)

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

OFFICE Place of Delivery — Customs

‘R’ in case of export (Destination Type Code 6)

(See Destination Type Codes in box 1a)

Office Reference Number

Provide the code of the office of export at which the export declaration will be lodged. See Code list 5 of Annex II.

Enter a code of a customs office that exists in the customs office list with export role.

an8

e-AD

Local Reference Number

A unique serial number assigned to the e-AD by the consignor which identifies the consignment in the records of the consignor.

an..22

Invoice Number

Provide the number of the invoice relating to the goods. If the invoice has not yet been prepared, the number of the delivery note or any other transport document should be given.

an..35

Invoice Date

The Member State of dispatch may decide to make this data ‘R’

The date of the document shown in box 9b

Date

Origin Type Code

The possible values for the origin of the movement are:

1	=	Origin — Tax warehouse (in the situations referred to in Article 17(1)(a) of Directive 2008/118/EC),
2	=	Origin — Import (in the situation referred to in Article 17(1)(b) of Directive 2008/118/EC).

Date of Dispatch

The date at which the movement begins in accordance with Article 20(1) of Directive 2008/118/EC. This date cannot be later than 7 days after the date of submission of the draft e-AD. The date of dispatch can be a date in the past in the case referred to of Article 26 of Directive 2008/118/EC.

Date

Time of Dispatch

The Member State of dispatch may decide to make this data ‘R’

The time at which the movement begins in accordance with Article 20(1) of Directive 2008/118/EC. The addressed time is local time.

Time

Upstream ARC

To be provided by the competent authorities of the Member State of dispatch upon validation of new e-ADs following the validation of the message ‘Splitting operation’ (Table 5)

The ARC to be provided is the ARC of the replaced e-AD.

an21

9.1

IMPORT SAD

‘R’ if Origin Type Code in box 9d is ‘2’ (import)

Import SAD Number

The SAD Number shall be provided either by the consignor at the time of submission of the draft e-AD or by the competent authorities of the Member State of dispatch upon validation of the draft e-AD

Provide the number(s) of the single administrative document(s) used for the release for free circulation of the goods concerned.

an..21

OFFICE Competent Authority at Dispatch

Office Reference Number

Provide the code of the office of the competent authorities in the Member State of dispatch responsible for excise control at the place of dispatch. See Code list 5 of Annex II.

an8

MOVEMENT GUARANTEE

Guarantor Type Code

Identify the person(s) responsible for providing the guarantee using guarantor type code in Code list 6 of Annex II.

n..4

TRADER Guarantor

‘R’ if one of the following Guarantor Type Codes applies: 2, 3, 12, 13, 23, 24, 34, 123, 124, 134, 234 or 1234

(See Guarantor Type Code in Code list 6 of Annex II)

Identify the transporter and/or the owner of the goods if they provide the guarantee.

Trader Excise Number

The Member State of dispatch may decide to make this data ‘R’

Provide a valid SEED registration number or VAT identification number of the transporter or owner of the excise goods.

an13

VAT Number

an..14

Trader Name

For 12c, d, f and g:

‘O’ if Trader Excise Number is provided, otherwise ‘R’

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

TRANSPORT

Transport Mode Code

Provide the mode of transport at the time of the start of the movement, using the codes in Code list 7 of Annex II.

n..2

Complementary Information

‘R’ if Transport Mode Code is ‘Other’

Otherwise ‘O’

Provide a textual description of the mode of transport.

an..350

Complementary Information_LNG

‘R’ if corresponding text field is used

Provide language code, see Code list 1 of Annex II to define the language used in this data group.

TRADER Transport Arranger

‘R’ to identify the person responsible for arranging the first transport if value in box 1c is ‘3’ or ‘4’

VAT Number

The Member State of dispatch may decide to make this data ‘R’

an..14

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

TRADER First Transporter

The Member State of dispatch may decide to make this data ‘R’

Identify the person carrying out the first transport.

VAT Number

an..14

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide language code, see Code list 1 of Annex II to define the language used in this data group.

TRANSPORT DETAILS

99X

Transport Unit Code

Provide Transport Unit Code(s) related to the transport mode indicated in box 13a.

See Code list 8 of Annex II.

n..2

Identity of Transport Units

‘R’ if the Transport Unit Code is other than 5

(See box 16a)

Enter the registration number of the transport unit(s) when the Transport Unit Code is other than 5.

an..35

Identity of Commercial Seal

‘R’ if commercial seals are used

Provide the identification of the commercial seals, if used to seal the transport unit.

an..35

Seal Information

Provide any additional information concerning those commercial seals (e.g. type of seals used).

an..350

Seal Information_LNG

‘R’ if corresponding text field is used

Provide language code presented in Code list 1 of Annex II to define the language used in this data group.

Complementary Information

Provide any additional information concerning the transport, e.g. identity of any subsequent transporter, information concerning subsequent transport units.

an..350

Complementary Information_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

E-AD Body

A separate data group must be used for each product composing the consignment.

999x

Body Record Unique Reference

Provide a unique sequential number, starting with 1.

n..3

Excise Product Code

Provide the applicable Excise Product Code, see Code list 11 of Annex II.

an4

CN Code

Provide the CN Code applicable at the date of dispatch.

The value of this data element must be greater than zero

Quantity

Provide quantity (expressed in the unit of measurement associated with the product code — See Code lists 11 and 12 of Annex II).

For a movement to a registered consignee referred to in Article 19(3) of Directive 2008/118/EC, the quantity shall not exceed the quantity which he is authorised to receive.

For a movement to an exempted organisation referred to in Article 12 of Directive 2008/118/EC, the quantity shall not exceed the quantity registered in the excise duty exemption certificate.

The value of this data element must be greater than zero

n..15,3

Gross Weight

Provide the gross weight of the consignment (the excise goods with packaging).

n..15,2

Net Weight

Provide the weight of the excise goods without packaging (for alcohol and alcoholic beverages, energy products and for all tobacco products except cigarettes).)

The value of this data element must be greater than zero

n..15,2

Alcoholic strength

‘R’ if applicable for the excise good in question

Provide the alcoholic strength (percentage by volume at 20 °C) if applicable in accordance with Code list 11 of Annex II.

The value of this data element must be greater than zero

n..5,2

Degree Plato

‘R’ if the Member State of dispatch and/or the Member State of destination tax beer on the basis of degree Plato

For beer, provide the Degree Plato if the Member State of dispatch and/or the Member State of destination tax beer on that basis. See Code list 11 of Annex II.

The value of this data element must be greater than zero

n..5,2

Fiscal Mark

Provide any additional information concerning the fiscal marks required by the Member State of destination.

an..350

Fiscal Mark_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

Fiscal Mark Used flag

‘R’ if fiscal marks are used

Provide ‘1’ if the goods carry or contain fiscal marks or ‘0’ if the goods do not carry or contain fiscal marks.

Designation of Origin

This box can be used to give certification:

in the case of certain wines, relating to the protected designation of origin or geographical indication (PDO or PGI) and the vintage year or the wine-grape variety(ies), in accordance with Articles 24 and 31 of Commission Regulation (EC) No 436/2009 (2), Certification shall be given in the following terms: ‘It is hereby certified that the product described has been produced in accordance with rules provided for in Regulation (EU) No 1308/2013 of the European Parliament and of the Council (3) and its delegated and implementing acts’. If the product is a PDO or PGI the terms are followed by the name(s) of the PDO or PGI and its register number(s) as provided for in Article 18 of Commission Regulation (EC) No 607/2009 (4).

in the case of certain spirit drinks, for which the marketing is relating to the spirit category or categories, geographical indication (GI) or age of the product, in accordance with the relevant Union legislation on spirit drinks (in particular Articles 4, 12(3) and 15 and Annex II of Regulation (EC) No 110/2008 of the European Parliament and of the Council (5) certification shall be given in the following terms: ‘It is hereby certified that the product(s) described has been marketed and labelled in compliance with the requirements of Articles 4, 12(3) and 15 and Annex II of Regulation (EC) No 110/2008 and its delegated and implementing acts’.

for beer brewed by an independent small brewery, as defined in Council Directive 92/83/EEC (6), for which it is intended to claim a reduced rate of excise duty in the Member State of destination. Certification should be given in the following terms: ‘It is hereby certified that the product described has been brewed by an independent small brewery’.

for ethyl alcohol distilled by a small distillery, as defined in Directive 92/83/EEC, for which it is intended to claim a reduced rate of excise duty in the Member State of destination. Certification should be given in the following terms: ‘It is hereby certified that the product described has been produced by a small distillery’.

an..350

Designation of Origin_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

Size of Producer

For beer or spirits, for which certification is given in the field 17l (Designation of Origin), provide the annual production of the previous year in hectolitres of beer or in hectolitres of pure alcohol respectively.

The value of this data element must be greater than zero

n..15

Density

‘R’ if applicable for the excise good in question

Provide the density at 15 °C, if applicable in accordance with Code list 11 of Annex II.

The value of this data element must be greater than zero

n..5,2

Commercial Description

The Member State of dispatch may decide to make this data required

Provide the commercial description of the goods in order to identify the products transported

For the bulk transport of the wines referred to in paragraphs 1 to 9, 15 and 16 of Part II of Annex VII to Regulation (EU) No 1308/2013 the product description shall contain the optional particulars set out in Article 120 of that Regulation, provided that they are shown on the labelling or that it is planned to show them on the labelling.

an..350

Commercial Description_LNG

‘R’ if corresponding text field is used

Provide language code presented in Code list 1 of Annex II to define the language used in this data group.

Brand Name of Products

‘R’ if the excise goods have a brand name. The Member State of dispatch may decide that the brand name of the products transported must not be provided if it is given in the invoice or other commercial document referred to in box 9b

Provide the brand name of the goods, if applicable.

an..350

Brand Name of Products_LNG

‘R’ if corresponding text field is used

Provide language code presented in Code list 1 of Annex II to define the language used in this data group.

17.1

PACKAGE

99x

Kind of Packages Code

Provide the kind of package using one of the codes in Code list 9 of Annex II.

an2

Number of Packages

‘R’ if marked ‘Countable’

Provide the number of packages if the packages are countable in accordance with Code list 9 of Annex II.

n..15

Identity of Commercial Seal

‘R’ if commercial seals are used

Provide the identification of the commercial seals, if used to seal the packages.

an..35

Seal Information

Provide any additional information concerning those commercial seals (e.g. type of seals used).

an..350

Seal Information_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

17.2

WINE PRODUCT

‘R’ for wine products included in Part XII of Annex I to Regulation (EU) No 1308/2013

Category of Wine Product

For wine products included in Part XII of Annex I to Regulation (EU) No 1308/2013, provide one of the following values:

1	=	Wine without PDO/PGI,
2	=	Varietal wine without PDO/PGI,
3	=	Wine with PDO or PGI,
4	=	Imported wine,
5	=	Other.

Wine-Growing Zone Code

‘R’ for wine products in bulk (nominal volume of more than 60 litres)

Provide the wine-growing zone in which the product transported originates in accordance with Appendix 1 of Annex VII to Regulation (EU) No 1308/2013.

n..2

Third Country of Origin

‘R’ if Category of Wine Product in box 17.2a is ‘4’ (imported wine)

Provide a ‘Country Code’ listed in Code list 4 of Annex II, but not listed in Code list 3 of Annex II and except ‘Country Code’‘GR’.

Other Information

an..350

Other Information_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

17.2.1

WINE OPERATION Code

‘R’ for wine products in bulk (nominal volume of more than 60 litres)

99x

Wine Operation Code

Provide one or several ‘Wine operation Code(s)’ in accordance with the list in point 1.4(b) of part B of Annex VI to Regulation (EC) No 436/2009.)

n..2

DOCUMENT Certificate

Short Description of Document

‘R’, unless data field 18c is used

Provide a description of any certificate that relates to the transported goods, for instance certificates related to the Designation of Origin referred to in box 17l.

an..350

Short Description of Document_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

Reference of Document

‘R’, unless data field 18a is used

Provide a reference to any certificate that relates to the transported goods.

an..350

Reference of Document_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

Table 2

(referred to in Article 4(1))

Cancellation

ATTRIBUTE

Date and Time of Validation of Cancellation

To be provided by the competent authorities of the Member State of dispatch upon validation of the draft cancellation message

The addressed time is local time

dateTime

EXCISE MOVEMENT e-AD

ARC

Provide the ARC of the e-AD for which cancellation is requested

an21

CANCELLATION

Cancellation Reason

Provide the reason for cancelling the e-AD, using the codes in Annex II, Code list 10

Complementary Information

—	‘R’ if Cancellation Reason is 0

—	‘O’ if Cancellation Reason is 1, 2, 3 or 4

(See box 3.a)

Provide any additional information concerning the cancellation of the e-AD

an..350

Complementary Information_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Annex II, Code list 1 to define the language used in this data group

Table 3

(referred to in Article 5(1) and Article 8(2))

Change of destination

ATTRIBUTE

Date and Time of Validation of Change of Destination

To be provided by the competent authorities of the Member State of dispatch upon validation of the draft change of destination message

The addressed time is local time.

dateTime

e-AD Update

Sequence Number

To be provided by the competent authorities of the Member State of dispatch upon validation of the draft change of destination message

Set to 1 at initial validation of the e-AD and then incremented by 1 upon each change of destination.

n..2

ARC

Provide the ARC of the e-AD of which the destination is changed.

an21

Journey time

‘R’ when the journey time changes following the change of destination

an3

Changed Transport Arrangement

‘R’ when the person responsible for arranging the transport changes following the change of destination

Identify the person responsible for arranging the transport using one of the following values:

1	=	Consignor,
2	=	Consignee,
3	=	Owner of goods,
4	=	Other.

Invoice Number

‘R’ when the invoice changes following the change of destination

Provide the number of the invoice relating to the goods. If the invoice has not yet been prepared, the number of the delivery note or any other transport document should be given.

an..35

Invoice Date

The Member State of dispatch may decide to make this data ‘R’ when the Invoice Number changes following the change of destination

The date of the document shown in box 2e.

date

Transport Mode Code

‘R’ when the Transport Mode changes following the change of destination

Provide the mode of transport using the codes in Code list 7 of Annex II.

n..2

Complementary Information

‘R’ if Transport Mode Code is given and is ‘Other’

Provide a textual description of the mode of transport.

an..350

Complementary Information_LNG

‘R’ if corresponding text field is used

Provide language code presented in Code list 1 of Annex II to define the language used in this data group.

CHANGED Destination

Destination Type Code

Provide the new destination of the movement using one of the following values:

1	=	Tax warehouse (point (i) of Article 17(1)(a) of Directive 2008/118/EC),
2	=	Registered consignee (point (ii) of Article 17(1)(a) of Directive 2008/118/EC),
3	=	Temporary registered consignee (point (ii) of Article 17(1)(a) and Article 19(3) of Directive 2008/118/EC),
4	=	Direct delivery (Article 17(2) of Directive 2008/118/EC),
6	=	Export (point (iii) of Article 17(1)(a) of Directive 2008/118/EC).

TRADER New Consignee

‘R’ when the consignee changes following the change of destination

Trader Identification

—	‘R’ for Destination Type Code 1, 2, 3 and 4

—	‘O’ for Destination Type Code 6

(See Destination Type Codes in box 3a)

For Destination Type Code:

—	1, 2, 3 and 4: provide a valid SEED registration number of the authorised warehousekeeper or registered consignee,

—	6: provide the VAT identification number of the person representing the consignor at the office of export.

an..16

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

EORI Number

—	‘O’ for Destination Type Code 6

—	This data element does not apply for Destination Type Code 1, 2, 3 and 4

(See Destination Type Codes in box 3a)

Provide the EORI number of the person responsible for lodging the export declaration as set out in Article 21(5) of Directive 2008/118/EC

an..17

TRADER Place of Delivery

—	‘R’ for Destination Type Code 1 and 4

—	‘O’ for Destination Type Code 2 and 3

(See Destination Type Codes in box 3a)

Provide the actual place of delivery of the excise goods.

For Destination Type Code 2, the data group:

—	is ‘O’ after successful validation of the draft change of destination, since the Member State of Dispatch can fill in this box with the address of the Registered Consignee defined in SEED,

—	does not apply for the draft change of destination.

Trader Identification

—	‘R’ for Destination Type Code 1

—	‘O’ for Destination Type Code 2 and 3

(See Destination Type Codes in box 3a)

For Destination Type Code:

—	1: provide a valid SEED registration number of the tax warehouse of destination,

—	2 and 3: provide the VAT identification number or any other identifier.

an..16

Trader Name

—	‘R’ for Destination Type Code 1, 2 and 3

—	‘O’ for Destination Type Code 4

(See Destination Type Codes in box 3a)

an..182

Street Name

For box 5c, 5e and 5f:

—	‘R’ for Destination Type Code 2, 3 and 4

—	‘O’ for Destination Type Code 1

(See Destination Type Codes in box 3a)

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

OFFICE Place of Delivery — Customs

‘R’ in case of export (Destination Type Code 6)

(See Destination Type Codes in box 3a)

Office Reference Number

Provide the code of the office of export at which the export declaration will be lodged in accordance with Article 161(5) of Regulation (EEC) No 2913/92. See Code list 5 of Annex II.

Enter a code of a customs office that exists in the customs office list with export role.

an8

TRADER New Transport Arranger

‘R’ to identify the person responsible for arranging the transport if the value in box 2d is ‘3’ or ‘4’

VAT Number

The Member State of dispatch may decide to make this data ‘R’

an..14

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

TRADER New Transporter

The Member State of dispatch may decide to make this data ‘R’ when the transporter changes following the change of destination

Identify the new person carrying out the transport.

VAT Number

an..14

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

TRANSPORT DETAILS

‘R’ when the transport details have changed following the change of destination

99x

Transport Unit Code

Provide Transport Unit Code(s) related to the transport mode indicated in box 2g, see Code list 8 of Annex II.

n..2

Identity of Transport Units

‘R’ if the Transport Unit Code is other than 5

(See box 9a)

Enter the registration number of the transport unit(s) when the Transport Unit Code is other than 5.

an..35

Identity of Commercial Seal

‘R’ if commercial seals are used

Provide the identification of the commercial seals, if used to seal the transport unit.

an..35

Seal Information

Provide any additional information concerning those commercial seals (e.g. type of seals used).

an..350

Seal Information_LNG

‘R’ if corresponding text field is used

Provide language code, see Code list 1 of Annex II.

Complementary Information

Provide any additional information concerning the transport, e.g. identity of any subsequent transporter, information concerning subsequent transport units.

an..350

Complementary Information_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

Table 4

(referred to in the second subparagraph of Article 5(3), Article 5(6) and in point (b) of Article 6(2))

Notification of change of destination/Notification of splitting

EXCISE NOTIFICATION

Notification Type

To be provided by the competent authorities of the Member State of destination (in the case of Notification of Change of Destination) or of the Member State of dispatch (in the case of Notification of splitting)

Provide the reason for the notification using one of the following values:

1	=	Change of destination
2	=	Splitting

Notification Date and Time

The addressed time is local time

dateTime

ARC

Provide the ARC of the e-AD for which the notification is provided

an21

Sequence Number

Provide the Sequence Number of the e-AD

Set to 1 at initial validation of the e-AD and then incremented by 1 upon each change of destination

n..2

DOWNSTREAM ARC

‘R’ if the Notification Type is 2 in box 1a

To be provided by the competent authorities of the Member State of dispatch

ARC

To be provided by the competent authorities of the Member State of dispatch

an21

Table 5

(referred to in Article 6(1) and Article 8(2))

Splitting operation

e-AD Splitting

Upstream ARC

Provide the ARC of the e-AD to be split.

See Code list 2 of Annex II.

an21

MSA of Splitting

Member State Code

Provide the Member State in the territory of which is carried out the splitting of the movement using the Member State code in Code list 3 of Annex II.

e-AD Split Details

Splitting is achieved by fully replacing the concerned e-AD by two or several new ones.

Local Reference Number

A unique serial number assigned to the e-AD by the consignor which identifies the consignment in the records of the consignor.

an..22

Journey Time

‘R’ when the journey time changes following the splitting operation

an3

Changed Transport Arrangement

‘R’ when the person responsible for arranging the transport changes following the splitting operation

Identify the person responsible for arranging the first transport using one of the following values:

1	=	Consignor,
2	=	Consignee,
3	=	Owner of goods,
4	=	Other.

3.1

CHANGED Destination

Destination Type Code

Provide the destination of the movement using one of the following values:

1	=	Tax warehouse (point (i) of Article 17(1)(a) of Directive 2008/118/EC),
2	=	Registered consignee (point (ii) of Article 17(1)(a) of Directive 2008/118/EC),
3	=	Temporary registered consignee (point (ii) of Article 17(1)(a) and Article 19(3) of Directive 2008/118/EC),
4	=	Direct delivery (Article 17(2) of Directive 2008/118/EC),
6	=	Export (point (iii) of Article 17(1)(a) of Directive 2008/118/EC),
8	=	Unknown destination (consignee unknown; Article 22 of Directive 2008/118/EC).

3.2

TRADER New Consignee

‘O’ if the Destination Type Code is other than 8

(See Destination Type Codes in box 3.1a)

For Destination Type Code:

—	1, 2, 3, 4 and 6: Change of the consignee following the splitting operation renders this data group ‘R’.

Trader Identification

—	‘R’ for Destination Type Code 1, 2, 3 and 4

—	‘O’ for Destination Type Code 6

—	This data element does not apply for Destination Type Code 8

(See Destination Type Codes in box 3.1a)

For Destination Type Code:

—	1, 2, 3 and 4: provide a valid SEED registration number of the authorised warehousekeeper or registered consignee,

—	6: provide the VAT identification number of the person representing the consignor at the office of export.

an..16

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

EORI Number

—	‘O’ for Destination Type Code 6

—	This data element does not apply for Destination Type Code 1, 2, 3, 4 and 8

(See Destination Type Codes in box 3.1a)

Provide the EORI number of the person responsible for lodging the export declaration as set out in Article 21(5) of Directive 2008/118/EC

an..17

3.3

TRADER Place of Delivery

—	‘R’ for Destination Type Code 1 and 4

—	‘O’ for Destination Type Code 2 and 3

(See Destination Type Codes in box 3.1a)

Trader Identification

—	‘R’ for Destination Type Code 1

—	‘O’ for Destination Type Code 2 and 3

(See Destination Type Codes in box 3.1a)

For Destination Type Code:

—	1: provide a valid SEED registration number of the tax warehouse of destination,

—	2 and 3: provide the VAT identification number or any other identifier.

an..16

Trader Name

—	‘R’ for Destination Type Code 1, 2 and 3

—	‘O’ for Destination Type Code 4

(See Destination Type Codes in box 3.1a)

an..182

Street Name

For box 3.3c, 3.3e and 3.3f:

—	‘R’ for Destination Type Code 2, 3 and 4

—	‘O’ for Destination Type Code 1

(See Destination Type Codes in box 3.1a)

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

3.4

OFFICE Place of Delivery — Customs

‘R’ in case of export (Changed Destination Type Code 6)

(See Destination Type Codes in box 3.1a)

Office Reference Number

Provide the code of the office of export at which the export declaration will be lodged in accordance with Article 161(5) of Regulation (EEC) No 2913/92.

See Code list 5 of Annex II.

Enter a code of a customs office that exists in the customs office list with export role.

an8

3.5

TRADER New Transport Arranger

‘R’ to identify the person responsible for arranging the transport if the value in box 3c is ‘3’ or ‘4’

VAT Number

The Member State of dispatch may decide to make this data ‘R’

an..14

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

3.6

TRADER New Transporter

The Member State of dispatch may decide to make this data ‘R’ when the transporter changes following the splitting operation

Identify the person carrying out the new transport.

VAT Number

an..14

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

3.7

TRANSPORT DETAILS

‘R’ when the transport details have changed following the splitting operation

99X

Transport Unit Code

Provide the Transport Unit Code(s). See Code list 8 of Annex II.

n..2

Identity of Transport Units

‘R’ if the Transport Unit Code is other than 5

(See box 3.7a)

Enter the registration number of the transport unit(s) when the Transport Unit Code is other than 5.

an..35

Identity of Commercial Seal

‘R’ if commercial seals are used

Provide the identification of the commercial seals, if used to seal the transport unit.

an..35

Seal Information

Provide any additional information concerning those commercial seals (e.g. type of seals used).

an..350

Seal Information_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

Complementary Information

Provide any additional information concerning the transport, e.g. identity of any subsequent transporter, information concerning subsequent transport units.

an..350

Complementary Information_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

3.8

E-AD Body

A separate data group must be used for each product composing the consignment.

999x

Body Record Unique Reference

Provide the Body Record Unique Reference of the product in the original split e-AD. The Body Record Unique Reference must be unique per ‘e-AD Split Details’.

The value of this data element must be greater than zero

n..3

Excise Product Code

Provide the applicable excise product code, see Code list 11 of Annex II.

an..4

CN Code

Provide the CN code applicable at the date of submission of the splitting operation.

The value of this data element must be greater than zero

Quantity

Provide quantity (expressed in the unit of measurement associated with the product code — See Code lists 11 and 12 of Annex II).

For a movement to a registered consignee referred to in Article 19(3) of Directive 2008/118/EC, the quantity shall not exceed the quantity which he is authorised to receive.

For a movement to an exempted organisation referred to in Article 12 of Directive 2008/118/EC, the quantity shall not exceed the quantity registered in the excise duty exemption certificate.

The value of this data element must be greater than zero

n..15,3

Gross Weight

Provide the gross weight of the consignment (the excise goods with packaging).

The value of this data element must be greater than zero

n..15,2

Net Weight

Provide the weight of the excise goods without packaging.

The value of this data element must be greater than zero

n..15,2

Fiscal Mark

Provide any additional information concerning the fiscal marks required by the Member State of destination.

an..350

Fiscal Mark_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 in Annex II to define the language used in this data group.

Fiscal Mark Used flag

‘R’ if fiscal marks are used

Provide ‘1’ if the goods contain or carry fiscal marks or ‘0’ if the goods do not contain or carry fiscal marks.

Density

‘R’ if applicable for the excise good in question

Provide the density at 15 °C, if applicable in accordance with Code list 11 in the table in Annex II.

The value of this data element must be greater than zero

n..5,2

Commercial Description

The Member State of dispatch may decide to make this data required

Provide the commercial description of the goods in order to identify the products transported.

an..350

Commercial Description_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

Brand Name of Products

‘R’ if the excise goods have a brand name

Provide the brand name of the goods, if applicable.

an..350

Brand Name of Products_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

3.8.1

PACKAGE

99x

Kind of Packages Code

Provide the kind of package, using one of the codes in Code list 9 of Annex II.

an2

Number of Packages

‘R’ if marked ‘Countable’

Provide the number of packages if the packages are countable in accordance with Code list 9 of Annex II.

n..15

Identity of Commercial Seal

‘R’ if commercial seals are used

Provide the identification of the commercial seals, if used to seal the packages.

an..35

Seal Information

Provide any additional information concerning those commercial seals (e.g. type of seals used).

an..350

Seal Information_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

Table 6

(referred to in Article 7 and Article 8(3))

Report of receipt/Report of export

ATTRIBUTE

Date and Time of Validation of Report of Receipt/Export

To be provided by the competent authorities of the Member State of destination/export upon validation of the Report of receipt/Report of export

The addressed time is local time.

dateTime

EXCISE MOVEMENT e-AD

ARC

Provide the ARC of the e-AD. See Code list 2 of Annex II.

an21

Sequence Number

Provide the sequence number of the e-AD.

Set to 1 at initial validation of the e-AD and then incremented by 1 upon each change of destination

n..2

TRADER Consignee

‘R’, except where Message Type data element in the corresponding electronic administrative document is set to ‘2 — Submission for export with local clearance’

Trader Identification

—	‘R’ for Destination Type Code 1, 2, 3 and 4

—	‘O’ for Destination Type Code 6

—	Does not apply for Destination Type Code 5

(See Destination Type Codes in box 1a of Table 1)

For Destination Type Code:

—	1, 2, 3 and 4: provide a valid SEED registration number of the authorised warehousekeeper or registered consignee,

—	6: provide the VAT identification number of the person representing the consignor at the office of export.

an..16

Trader Name

an..182

Street Name

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

EORI Number

—	‘O’ for Destination Type Code 6

—	This data element does not apply for Destination Type Code 1, 2, 3, 4, 5 and 8

(See Destination Type Codes in box 1a of Table 1)

Provide the EORI number of the person responsible for lodging the export declaration as set out in Article 21(5) of Directive 2008/118/EC

an..17

TRADER Place of Delivery

—	‘R’ for Destination Type Code 1 and 4

—	‘O’ for Destination Type Code 2, 3 and 5

(See Destination Type Codes in box 1a of Table 1)

Provide the actual place of delivery of the excise goods.

Trader Identification

—	‘R’ for Destination Type Code 1

—	‘O’ for Destination Type Code 2, 3 and 5

(See Destination Type Codes in box 1a of Table 1)

For Destination Type Code:

—	1: provide a valid SEED registration number of the tax warehouse of destination,

—	2, 3 and 5: provide the VAT identification number or any other identifier.

an..16

Trader Name

—	‘R’ for Destination Type Code 1, 2, 3 and 5

—	‘O’ for Destination Type Code 4

(See Destination Type Codes in box 1a of Table 1)

an..182

Street Name

For box 4c, 4e and 4f:

—	‘R’ for Destination Type Code 2, 3, 4 and 5

—	‘O’ for Destination Type Code 1

(See Destination Type Codes in box 1a of Table 1)

an..65

Street Number

an..11

Postcode

an..10

City

an..50

NAD_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

OFFICE of Destination

‘R’ for Destination Type Code 1, 2, 3, 4 and 5

(See Destination Type Codes in box 1a of Table 1)

Office Reference Number

Provide the code of the office of the competent authorities in the Member State of destination responsible for excise control at the place of destination. See Code list 5 of Annex II.

an8

REPORT of Receipt/Export

Date of Arrival of the Excise Goods

The date at which the movement ends in accordance with Article 20(2) of Directive 2008/118/EC.

Date

Global Conclusion of Receipt

The possible values are:

1	=	Receipt accepted and satisfactory,
2	=	Receipt accepted although unsatisfactory,
3	=	Receipt refused,
4	=	Receipt partially refused,
21	=	Exit accepted and satisfactory,
22	=	Exit accepted although unsatisfactory,
23	=	Exit refused.

n..2

Complementary information

Provide any additional information concerning the receipt of the excise goods.

an..350

Complementary information_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

REPORT of Receipt/Export BODY

‘R’ if the value of the Global Conclusion of Receipt is other than 1 and 21

(See box 6b)

999X

Body Record Unique Reference

Provide the Body Record Unique Reference of the associated e-AD (box 17a of Table 1) related to the same excise product as in the associated e-AD for which one of the codes other than 1 and 21 is applicable.

The value of this data element must be greater than zero

n..3

Indicator of Shortage or Excess

‘R’ when a shortage or excess is detected for the body record concerned

Possible values are:

S	=	Shortage,
E	=	Excess.

Observed Shortage or Excess

‘R’ if indicator in box 7b is given

Provide quantity (expressed in the unit of measurement associated with the product code — See Code lists 11 and 12)

The value of this data element must be greater than zero

n..15,3

Excise Product Code

Provide the applicable excise product code, see Code list 11 of Annex II.

an4

Refused Quantity

‘R’ if the Global Conclusion of Receipt code is 4

(See box 6b)

Provide quantity for each body record for which excise goods are refused (expressed in the unit of measurement associated with the product code — see Code lists 11 and 12 of Annex II).

The value of this data element must be greater than zero

n..15,3

7.1

UNSATISFACTORY REASON

‘R’ for each body record for which the Global Conclusion of Receipt code 2, 3, 4, 22 or 23 applies

(See box 6b)

Unsatisfactory Reason

Possible values are:

0	=	Other,
1	=	Excess,
2	=	Shortage,
3	=	Goods damaged,
4	=	Broken seal,
5	=	Reported by ECS,
7	=	Quantity higher than the one on the temporary authorisation.

Complementary Information

—	‘R’ if Unsatisfactory Reason Code is 0

—	‘O’ if Unsatisfactory Reason Code is 1, 2, 3, 4, 5 or 7

(See box 7.1a)

Provide any additional information concerning the receipt of the excise goods.

an..350

Complementary Information_LNG

‘R’ if corresponding text field is used

Provide the language code presented in Code list 1 of Annex II to define the language used in this data group.

a2’

(1) Commission Regulation (EC) No 31/96 of 10 January 1996 on the excise duty exemption certificate (OJ L 8, 11.1.1996, p. 11).

(2) Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ L 128, 27.5.2009, p. 15).

(3) 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 (OJ L 347, 20.12.2013, p. 67).

(4) Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60).

(5) Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of spirit drinks (OJ L 39, 13.2.2008, p. 16).

(6) Council Directive 92/83/EEC of 19 October 1992 on the harmonization of the structures of excise duties on alcohol and alcoholic beverages (OJ L 316, 31.10.1992, p. 21).

ANNEX II

The table in point 11 (Excise product) of Annex II to Regulation (EC) No 684/2009 is amended as follows:

(1)

in the row for excise product code T200, the entry for ‘Description’ is replaced by the following:

‘Cigarettes, as defined in Article 3 of Council Directive 2011/64/EU (*1), and products treated as cigarettes in accordance with Article 2(2) of that Directive;

(*1) Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ L 176, 5.7.2011, p. 24).’;"

(2)	in the row for excise product code T300, the entry for ‘Description’ is replaced by the following: ‘Cigars and cigarillos, as defined in Article 4 of Directive 2011/64/EU’;

(3)	in the row for excise product code T400, the entry for ‘Description’ is replaced by the following: ‘Fine-cut tobacco for the rolling of cigarettes, as defined in Article 5(2) of Directive 2011/64/EU’;

(4)

in the row for excise product code T500, the entry for ‘Description’ is replaced by the following:

‘Smoking tobacco, as defined in Article 5(1) of Directive 2011/64/EU, other than fine-cut tobacco for the rolling of cigarettes, as defined in Article 5(2) of that Directive, and products treated as smoking tobacco other than fine-cut tobacco for the rolling of cigarettes in accordance with Article 2(2) of that Directive’.

(*1) Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ L 176, 5.7.2011, p. 24).’;’

17.3.2016

Official Journal of the European Union

L 72/51

COMMISSION IMPLEMENTING REGULATION (EU) 2016/380

of 16 March 2016

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 March 2016.

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	101,5
	SN	176,8
	TN	107,9
	TR	93,2
	ZZ	143,1
0707 00 05	MA	84,5
	TR	148,3
	ZZ	116,4
0709 93 10	MA	59,8
	TR	156,6
	ZZ	108,2
0805 10 20	EG	48,7
	IL	72,6
	MA	59,7
	TN	66,6
	TR	64,7
	ZZ	62,5
0805 50 10	MA	141,2
	TR	94,8
	ZZ	118,0
0808 10 80	BR	88,6
	US	171,8
	ZZ	130,2
0808 30 90	AR	111,3
	CL	168,4
	CN	73,0
	TR	153,6
	ZA	101,4
	ZZ	121,5

(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.

17.3.2016

Official Journal of the European Union

L 72/53

COUNCIL DECISION (EU) 2016/381

of 14 March 2016

on the position to be adopted, on behalf of the European Union, within the Port State Control Committee of the Paris Memorandum of Understanding on Port State Control

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100 and Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

Maritime safety, maritime security, pollution prevention and on-board living and working conditions may be effectively enhanced by means of a drastic reduction of substandard ships in the waters under the jurisdiction of Member States, by strictly applying relevant Conventions, international codes and resolutions.

(2)

While the primary responsibility for monitoring the compliance of ships with the international standards for safety, security, pollution prevention and on-board living and working conditions lies with the flag State, responsibility for maintenance of the condition of the ship and its equipment after survey to comply with the requirements of the Conventions applicable to the ship lies with the ship company. There has, however, been a serious failure on the part of a number of flag States to implement and enforce those international standards.

(3)

Therefore, as a second line of defence against substandard shipping, the monitoring of compliance with the international standards for safety, security, pollution prevention and on-board living and working conditions should also be ensured by port States, while recognising that port State control inspection is not a survey and the relevant inspection forms are not seaworthiness certificates. A harmonised approach to the effective enforcement of those international standards by coastal Member States of the Union in respect of ships sailing in the waters under their jurisdiction and using their ports should avoid distortions of competition.

(4)

Directive 2009/16/EC of the European Parliament and of the Council (1) sets out the Union regime on port State control, reformulating and reinforcing the previous Union legislation in this field in force since 1995. The Union regime is based on the pre-existing structure of the Paris Memorandum of Understanding on Port State Control (the ‘Paris MOU’), signed in Paris on 26 January 1982.

(5)

As regards the Union Member States, Directive 2009/16/EC effectively brings certain procedures, tools and activities of the Paris MOU within the scope of Union law. By virtue of that Directive, certain decisions taken by the appropriate competent body of the Paris MOU become binding on the Union Member States.

(6)	The Port State Control Committee (‘PSCC’) of the Paris MOU meets annually and during its deliberations decides on certain issues which have legal effects.

(7)

Pursuant to Article 218(9) of the Treaty on the Functioning of the European Union (TFEU), the position to be adopted on behalf of the Union in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, is to be adopted by Council decision, on a proposal from the Commission.

(8)

As the internal rules of the Paris MOU make it difficult to establish a position to be adopted on behalf of the Union in accordance with Article 218(9) TFEU in a timely manner for each individual meeting of the PSCC, it is efficient in this case to establish such a position on a multiannual basis, consisting of guiding principles and orientations, together with a framework for its year-to-year specification. At the same time, most of the topics discussed at the individual meetings of the PSCC concern port State control matters and are generally covered by a single Union legal act, namely Directive 2009/16/EC. In the particular circumstances that apply to the Paris MOU, it is therefore possible to establish a general position to be adopted on behalf of the Union for several of those meetings.

(9)	The Union is not a contracting party to the Paris MOU. It is therefore necessary for the Council to authorise the Member States to act in accordance with the position to be adopted on behalf of the Union and express their consent to be bound by the decisions taken by the PSCC.

(10)

The current method for drawing up the white, grey and black list of flag States has proven to have disproportionate and unintended consequences for flag States with small fleets. At the same time, progress on the development of an alternative calculation method has been slow. It is therefore important to rapidly develop an alternative method in order to ensure fairness.

(11)	Technical discussions and cooperation with third country members of the Paris MOU within the PSCC are of great importance in ensuring the effectiveness and the good functioning of the Paris MOU.

(12)	This decision should cover the period from 2016 to 2019,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the European Union within the annual PSCC meeting of the Paris MOU when that body is called upon to adopt decisions having legal effects is set out in Annex I.

Article 2

The year-to-year specification of the position to be adopted on behalf of the Union within the annual PSCC meeting of the Paris MOU shall be conducted in accordance with Annex II.

Article 3

The Member States which are bound by the Paris MOU shall act in accordance with the position to be adopted on behalf of the Union as referred to in Article 1, acting jointly in the interest of the Union.

Article 4

This Decision shall enter into force on 1 April 2016.

It shall expire on 31 December 2019.

Done at Brussels, 14 March 2016.

For the Council

The President

M.H.P. VAN DAM

(1) Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).

ANNEX I

THE POSITION TO BE ADOPTED ON BEHALF OF THE UNION WITHIN THE PORT STATE CONTROL COMMITTEE OF THE PARIS MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL

Guiding Principles

In the framework of the PSCC of the Paris MOU, the Member States which are bound by the Paris MOU, acting jointly in the interest of the Union, shall:

(a)

act in accordance with the objectives pursued by Directive 2009/16/EC, notably to improve maritime safety, maritime security, pollution prevention and on-board living and working conditions by means of a drastic reduction of substandard ships by strictly applying relevant Conventions, international codes and resolutions;

(b)	promote the implementation of a harmonised approach by Members of the Paris MOU to the effective enforcement of the international standards in respect of ships sailing in the waters under their jurisdiction and using their ports;

(c)	work together within the Paris MOU to achieve a comprehensive inspection scheme and the sharing of the inspection burden in an equitable manner, in particular by adopting the annual inspection commitment drawn up in accordance with the agreed methodology set out in Annex 11 to the Paris MOU;

(d)	work within the Paris MOU to maintain appropriate competent authorities, to which the requisite number of staff, in particular qualified inspectors, for the inspection of ships is assigned, for example, through recruitment;

(e)	ensure that measures adopted within the Paris MOU are consistent with international law, and in particular with the relevant Conventions, international codes and resolutions relating to maritime safety, maritime security, pollution prevention and on-board living and working conditions;

(f)	promote the development of common approaches with other bodies carrying out port State control;

(g)	ensure consistency with other Union policies notably in the areas of external relations, security, environment and others.

Orientations

The Member States which are bound by the Paris MOU, acting jointly in the interest of the Union, shall endeavour to support the following actions by the Paris MOU:

in order to ensure the smooth year-to-year functioning of the Union's port State control regime in accordance with Directive 2009/16/EC, the adoption of:

the following elements of the ship risk profile used to target vessels for inspection:

(a)	the white, grey and black flag list in accordance with the formula developed by the Paris MOU and set out in the Annex to Commission Regulation (EU) No 801/2010 (1);

(b)	the performance list for recognised organisations in accordance with the methodology adopted by the PSCC at its 37th session in May 2004 (Agenda Item point 4.5.2);

(c)	the average deficiency and detention ratio for the company performance formula on the basis of the Annex to Commission Regulation (EU) No 802/2010 (2).

2.	changes or updates to the procedures and guidelines of the Paris MOU having legal effects that are consistent with the objectives pursued by Directive 2009/16/EC, notably to improve maritime safety, maritime security, pollution prevention and on-board living and working conditions.

B.	the development as soon as possible of an alternative method of drawing up the white, grey and black list of flag States in order to ensure its fairness, regardless of the size of the fleet.

(1) Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria (OJ L 241, 14.9.2010, p. 1).

(2) Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance (OJ L 241, 14.9.2010, p. 4).

ANNEX II

YEAR-TO-YEAR SPECIFICATION OF THE POSITION TO BE ADOPTED ON BEHALF OF THE UNION WITHIN THE PORT STATE CONTROL COMMITTEE OF THE PARIS MEMORANDUM OF UNDERSTANDING ON PORT STATE CONTROL

Before each annual PSCC meeting of the Paris MOU, the necessary steps shall be taken so that the position to be expressed on the Union's behalf takes account of all relevant information transmitted to the European Commission as well as any document to be discussed which falls within Union competence in accordance with the guiding principles and orientations set out in Annex I.

To this effect and based on that information, a preparatory document setting out the particulars of the envisaged Union position shall be transmitted by the Commission services, in sufficient time before the PSCC meeting, to the Council or to its preparatory bodies for consideration and approval.

17.3.2016

Official Journal of the European Union

L 72/57

COMMISSION IMPLEMENTING DECISION (EU) 2016/382

of 15 March 2016

on a measure taken by Germany pursuant to Directive 2006/42/EC of the European Parliament and of the Council, to prohibit the placing on the market of a type of wire stripping machine

(notified under document C(2016) 1520)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (1), and in particular Article 11(3) thereof,

Whereas:

(1)

In accordance with the procedure set out in Article 11(2) of Directive 2006/42/EC, Germany informed the Commission of a measure to prohibit the placing on the market of a wire stripping machine of type QJ-001 manufactured by Taizhou City Luqiao Qi Jin Wire Peeling Machine Manufacturing China and distributed by Fringo GmbH&Co.KG, Kurfürstendamm 96, 10709 Berlin.

(2)	The reason for taking the measure was the non-conformity of the wire stripping machine with the essential health and safety requirements set out in Annex I to Directive 2006/42/EC.

(3)

Section 1.2.4.3 (‘Emergency stopf’) of Annex I to Directive 2006/42/EC requires that machinery must be fitted with one or more emergency stop devices to enable actual or impending danger to be averted. The following exceptions apply: (a) machinery in which an emergency stop device would not lessen the risk, either because it would not reduce the stopping time or because it would not enable the special measures required to deal with the risk to be taken, (b) portable hand-held and/or hand-guided machinery. The wire stripping machine, even not subject to exception, was not equipped with the emergency stop switch.

(4)

Section 1.3.7 (‘Risk related to moving parts’) of Annex I to Directive 2006/42/EC requires that the moving parts of machinery must be designed and constructed in such a way as to prevent risks of contact which could lead to accident or must, where risks persist, be fitted with guards or protective devices. The wire stripping machine presented the following shortcomings:

—	risk from moving parts due to lack of protective devices; in this instance, an exposed V-belt,

—	insufficient distance from the danger zone; in this instance, hands may be inserted in the area of the cable conduits to the rollers when not observing safety distances.

(5)

Section 1.7.1 (‘Information and warning on the machinery’) of Annex I to Directive 2006/42/EC requires that any written or verbal information and warnings must be expressed in an official Community language or languages, which may be determined in accordance with the Treaty by the Member State in which machinery is placed on the market and/or put into service and may be accompanied, on request, by versions in any other official Community language or languages understood by the operators. In case of the wire stripping machine the warning notices in the manual was provided in English only.

(6)

Section 1.7.4.2 (‘Contents of the instructions’) of Annex I to Directive 2006/42/EC specifies information that each instruction manual must contain. The operating manual of the wire stripping machine did not contain information about the residual risks that remain despite the inherent safe design measures, safeguarding and complementary protective measures adopted, information about sound power emissions as required by section 1.7.4.2(l). The drawings, diagrams, descriptions and explanations necessary for the use, maintenance and repair of the machine and for checking its correct functioning were largely missing or unclear as required by section 1.7.4.2(e).

(7)	The Commission invited Fringo GmbH&Co.KG and Taizhou City Luqiao Qi Jin Wire Peeling Machine Manufacturing to present their observations on the measure taken by Germany. No reply was received.

(8)

Examination of the evidence provided by the German authorities confirms that the wire stripping machine of type QJ-001, manufactured by Taizhou City Luqiao Qi Jin Wire Peeling Machine Manufacturing China and distributed by Fringo GmbH&Co.KG Germany, fails to comply with the essential health and safety requirements referred to in Article 5(1)(a) of Directive 2006/42/EC and that the non-conformity gives rise to serious risks of injury to users. It is therefore appropriate to consider the measure taken by Germany as justified.

HAS ADOPTED THIS DECISION:

Article 1

The measure taken by Germany to prohibit the placing on the market of a wire stripping machine of type QJ-001 manufactured by Taizhou City Luqiao Qi Jin Wire Peeling Machine Manufacturing China and distributed by Fringo GmbH&Co.KG, Kurfürstendamm 96, 10709 Berlin, is justified.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 15 March 2016.

For the Commission

Elżbieta BIEŃKOWSKA

Member of the Commission

(1) OJ L 157, 9.6.2006, p. 24.

17.3.2016

Official Journal of the European Union

L 72/59

DECISION No 1/2016 OF THE ACP-EU COMMITTEE OF AMBASSADORS

of 7 March 2016

on the approval of derogations to the Financial Regulation of the Centre for the Development of Enterprise (CDE) [2016/383]

THE ACP-EU COMMITTEE OF AMBASSADORS,

Having regard to Annex III to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (1), and in particular Article 2(6) thereof,

Having regard to Decision No 5/2004 of the ACP-EC Committee of Ambassadors of 17 December 2004 concerning the Financial Regulation of the Centre for the Development of Enterprise (2) (‘CDE Financial Regulation’),

Whereas:

(1)

Annex III to the ACP-EU Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (ACP EU Partnership Agreement), requires the ACP-EU Committee of Ambassadors to monitor the overall strategy of the CDE and supervise the work of the Executive Board.

(2)	Annex III to the ACP-EU Partnership Agreement requires the CDE Executive Board to lay down the financial and staff regulations and the rules of operations.

(3)

The Statutes and Rules of Procedure of the Centre for the Development of Enterprise adopted by Decision No 8/2005 of the ACP-EU Committee of Ambassadors (3) (the ‘CDE Statutes’) and the CDE Financial Regulation provide the safeguards in terms of information of and supervision by the ACP-EU Committee of Ambassadors.

(4)

At its 39th session held from 19 to 20 June in Nairobi, the ACP-EU Council of Ministers agreed, in a Joint Declaration, to proceed with the orderly closing of the CDE and to the amendment of Annex III to the ACP-EU Partnership Agreement and, to that end, to delegate powers to the ACP-EU Committee of Ambassadors to take the matter forward with a view to the adoption of the necessary decisions.

(5)

In its Decision No 4/2014 (4), the ACP-EU Committee of Ambassadors recalls that the closure of the CDE is to respect the competences of the CDE's supervisory authorities set out in Annex III to the ACP-EU Partnership Agreement and the detailed arrangements laid down by the ACP-EU Council of Ministers in its Joint Declaration.

(6)

The request from the CDE Executive Board to the ACP-EU Committee of Ambassadors by letter dated 19 October 2015 explains that in the context of the closing down of the CDE, the CDE Executive Board wishes to derogate from Article 27(1) and (5) of the CDE Financial Regulation, and seeks prior approval from the Supervisory Authorities.

(7)	The modification of or derogations to the CDE Financial Regulation and CDE Staff Regulations (5), depending on the needs that may arise from the implementation of the orderly closure process of the CDE, necessitates a flexible procedure.

(8)

The requirements of the appointment of a firm of auditors for a period of three years, as set out in Article 27(1) of the CDE Financial Regulation, and the requirement for this firm to draw up each year a statutory audit report, in accordance with Article 27(5) of that Regulation, need to be adapted in order to ensure a more efficient procedure in the context of the closing-down of the organisation,

HAS ADOPTED THIS DECISION:

Article 1

1. The ACP-EU Committee of Ambassadors gives its favourable opinion regarding the derogation from Article 27(1) and (5) of the CDE Financial Regulation, with immediate effect.

2. By derogation from Article 27(1) of the CDE Financial Regulation, the CDE shall be able to appoint a firm of auditors for a period of four years covering the financial years 2013 to 2016. This firm of auditors shall be selected in accordance with the procurement procedures foreseen in the CDE Financial Regulation.

By derogation from Article 27(5) of the CDE Financial Regulation, a multiannual audit will be launched for the years not yet audited and a single final report will be presented to the CDE Executive Board.

Article 2

The ACP-EU Committee of Ambassadors authorises the CDE Executive Board to derogate from and/or to modify the CDE Financial Regulation and CDE Staff Regulation depending on the needs that may arise from the implementation of the orderly closure process of the CDE. The CDE Executive Board shall inform the ACP-EU Committee of Ambassadors of any such decision of derogation and/or modification of the CDE regulations immediately.

Article 3

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 7 March 2016.

For the ACP-EU Committee of Ambassadors

The Chairman

P. DE GOOIJER

(1) Agreement signed in Cotonou on 23 June 2000 (OJ L 317, 15.12.2000, p. 3), as amended by the Agreement signed in Luxembourg on 25 June 2005 (OJ L 209, 11.8.2005, p. 27) and by the Agreement signed in Ouagadougou on 22 June 2010 (OJ L 287, 4.11.2010, p. 3).

(2) OJ L 70, 9.3.2006, p. 52.

(3) OJ L 66, 8.3.2006, p. 16.

(4) OJ L 330, 15.11.2014, p. 61.

(5) OJ L 348, 30.12.2005, p. 54.

17.3.2016

Official Journal of the European Union

L 72/61

DECISION No 2/2016 OF THE ACP-EU COMMITTEE OF AMBASSADORS

of 7 March 2016

appointing a member of the Executive Board of the Centre for the Development of Enterprise (CDE) [2016/384]

THE ACP-EU COMMITTEE OF AMBASSADORS,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as first amended in Luxembourg on 25 June 2005 (2) and as amended for the second time in Ouagadougou on 22 June 2010 (3), and in particular Article 2(6) of Annex III thereof,

Having regard to Decision No 8/2005 of the ACP-EC Committee of Ambassadors of 20 July 2005 on the Statutes and rules of procedure of the Centre for the Development of Enterprise (CDE) (4), and in particular Article 9(1) thereof,

Whereas:

(1)	Article 9 of the Statutes and rules of procedure of the Centre for the Development of Enterprise (CDE) provides that the Committee of Ambassadors shall appoint the members of the Executive Board, for a maximum period of five years.

(2)

The term of office of the three ACP members of the Executive Board of the Centre for the Development of Enterprise, appointed by Decision No 3/2013 of the ACP EU Committee of Ambassadors of 30 July 2013 (5), which was amended by Decision No 2/2014 of the ACP-EU Committee of Ambassadors (6), will expire on 6 September 2018, or at the time of closure of the Centre, whichever is earlier.

(3)	One post has become vacant following the resignation of one of the members.

(4)	It is therefore necessary to appoint a new member of the Executive Board for the remaining period of the term of office,

HAS DECIDED AS FOLLOWS:

Article 1

The following person shall be appointed a member of the Executive Board of the CDE in place of Ms Maria MACHAILO-ELLIS:

—	Mr Lekwalo Leta MOSIENYANE.

Article 2

Without prejudice to any subsequent decisions that the Committee might have to take under its prerogatives, for the remainder of the current term of office — i.e. 6 September 2018, or the time of closure of the Centre, whichever is earlier — the CDE Executive Board shall be composed as follows:

Mr Jacek ADAMSKI

Mr Martin BENKO

Ms Nicole BOLLEN

Mr John Atkins ARUHURI

Mr Lekwalo Leta MOSIENYANE

Mr Félix MOUKO.

Article 3

This Decision shall enter into force on the date of its adoption. It may be revised at any time depending on the situation of the Centre.

Done at Brussels, 7 March 2016.

For the ACP-EU Committee of Ambassadors

The Chairman

P. DE GOOIJER

(1) OJ L 317, 15.12.2000, p. 3.

(2) Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (OJ L 209, 11.8.2005, p. 27).

(3) Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (OJ L 287, 4.11.2010, p. 3).

(4) OJ L 66, 8.3.2006, p. 16.

(5) OJ L 263, 5.10.2013, p. 18.

(6) Decision No 2/2014 of the ACP-EU Committee of Ambassadors of 5 August 2014 appointing the members of the Executive Board of the Centre for the Development of Enterprise (CDE) (OJ L 245, 20.8.2014, p. 9).

17.3.2016

Official Journal of the European Union

L 72/63

DECISION OF THE EU-NORWAY JOINT COMMITTEE No 1/2016

of 8 February 2016

amending Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2016/385]

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Kingdom of Norway, signed in Brussels on 14 May 1973 (1), (‘the Agreement’), and in particular its Article 11,

Having regard to Protocol 3 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (2), (‘Protocol 3’),

Whereas:

(1)

Article 11 of the Agreement refers to Protocol 3 which lays down the rules of origin and provides for cumulation of origin between the EU, Norway, Switzerland (including Liechtenstein), Iceland, Turkey, the Faroe Islands and the participants in the Barcelona Process, namely Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine (3), Syria and Tunisia.

(2)	Article 39 of Protocol 3 provides that the Joint Committee provided for in Article 29 of the Agreement may decide to amend the provisions of this protocol.

(3)	The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (4), (‘the Convention’), aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act.

(4)	The EU and Norway signed the Convention on 15 June 2011.

(5)

The EU and Norway deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 9 November 2011, respectively. Consequently, in application of its Article 10(3), the Convention entered into force in relation to the EU and Norway on 1 May 2012 and 1 January 2012, respectively.

(6)	The Convention has included the participants in the Stabilisation and Association Process and the Republic of Moldova in the pan-Euro-Mediterranean zone of cumulation of origin.

(7)	Protocol 3 to the Agreement should therefore be amended so as to make reference to the Convention,

HAS ADOPTED THIS DECISION:

Article 1

Protocol 3 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation shall be replaced by the text set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 May 2015.

Done at Brussels, 8 February 2016.

For the Joint Committee

The President

Petros SOURMELIS

(1) OJ L 171, 27.6.1973, p. 2.

(2) OJ L 117, 2.5.2006, p. 2.

(3) The designation shall not be construed as recognition of a State of Palestine and is without prejudice to the individual positions of the Member States on the issue.

(4) OJ L 54, 26.2.2013, p. 4.

ANNEX

Protocol 3

concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

Article 1

Applicable rules of origin

For the purpose of implementing this Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1), (‘the Convention’) shall apply.

All references to the ‘relevant agreement’ in Appendix I and in the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin shall be construed so as to mean this Agreement.

Article 2

Dispute settlement

Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out this verification, they shall be submitted to the Joint Committee.

In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.

Article 3

Amendments to the Protocol

The Joint Committee may decide to amend the provisions of this Protocol.

Article 4

Withdrawal from the Convention

1. Should either the EU or Norway give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to its Article 9, the EU and Norway shall immediately enter into negotiations on rules of origin for the purpose of implementing this Agreement.

2. Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to this Agreement. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the EU and Norway only.

Article 5

Transitional provisions — cumulation

Notwithstanding Articles 16(5) and 21(3) of Appendix I of the Convention, where cumulation involves only EFTA States, the Faroe Islands, the EU, Turkey, the participants in the Stabilisation and Association Process and the Republic of Moldova, the proof of origin may be a movement certificate EUR.1 or an origin declaration.

(1) OJ L 54, 26.2.2013, p. 4.

17.3.2016

Official Journal of the European Union

L 72/66

DECISION OF THE EU-ICELAND JOINT COMMITTEE No 1/2016

of 17 February 2016

amending Protocol 3 to the Agreement between the European Economic Community and the Republic of Iceland concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2016/386]

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Republic of Iceland, signed in Brussels on 22 July 1972 (1), (‘the Agreement’), and in particular its Article 11,

Having regard to Protocol 3 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, (‘Protocol 3’),

Whereas:

(1)

Article 11 of the Agreement refers to Protocol 3 which lays down the rules of origin and provides for cumulation of origin between the EU, Iceland, Switzerland (including Liechtenstein), Norway, Turkey, the Faroe Islands and the participants in the Barcelona Process, namely Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine (2), Syria and Tunisia..

(2)	Article 39 of Protocol 3 provides that the Joint Committee provided for in Article 30 of the Agreement may decide to amend the provisions of this protocol.

(3)	The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (3) (‘the Convention’), aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act.

(4)	The EU and Iceland signed the Convention on 15 June 2011 and 30 June 2011, respectively.

(5)	The EU and Iceland deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 12 March 2012, respectively. Consequently, in application of its Article 10(3), the Convention entered into force in relation to the EU and Iceland on 1 May 2012.

(6)	The Convention has included participants in the Stabilisation and Association Process and the Republic of Moldova in the pan-Euro-Mediterranean zone of cumulation of origin.

(7)	Protocol 3 to the Agreement should therefore be amended so as to make reference to the Convention,

HAS ADOPTED THIS DECISION:

Article 1

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 May 2015.

Done at Brussels, 17 February 2016.

For the Joint Committee

The President

Petros SOURMELIS

(1) OJ L 301, 31.12.1972, p. 2.

(2) The designation shall not be construed as recognition of a State of Palestine and is without prejudice to the individual positions of the Member States on the issue.

(3) OJ L 54, 26.2.2013, p. 4.

ANNEX

Protocol 3

concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

Article 1

Applicable rules of origin

Article 2

Dispute settlement

Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the custom authorities responsible for carrying out this verification, they shall be submitted to the Joint Committee.

In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.

Article 3

Amendments to the Protocol

The Joint Committee may decide to amend the provisions of this Protocol.

Article 4

Withdrawal from the Convention

1. Should either the EU or Iceland give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to its Article 9, the EU and Iceland shall immediately enter into negotiations on rules of origin for the purpose of implementing this Agreement.

Article 5

Transitional provisions — cumulation

(1) OJ L 54, 26.2.2013, p. 4.

17.3.2016

Official Journal of the European Union

L 72/69

Corrigendum to Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom

( Official Journal of the European Union L 13 of 17 January 2014 )

On page 26, point (d)(iii) of Article 58:

for:

‘(iii)

for other medical radiological practices not covered by points (a) and (b), a medical physics expert shall be involved, as appropriate, for consultation and advice on matters relating to radiation protection concerning medical exposure.’,

read:

‘(iii)

for other medical radiological practices not covered by points (i) and (ii), a medical physics expert shall be involved, as appropriate, for consultation and advice on matters relating to radiation protection concerning medical exposure;’.

		ISSN 1977-0677
Official Journal of the European Union		L 72

English edition	Legislation	Volume 59 17 March 2016

Contents		II Non-legislative acts	page
		REGULATIONS
	*	Commission Implementing Regulation (EU) 2016/378 of 11 March 2016 laying down implementing technical standards with regard to the timing, format and template of the submission of notifications to competent authorities according to Regulation (EU) No 596/2014 of the European Parliament and of the Council ( 1 )	1
	*	Commission Implementing Regulation (EU) 2016/379 of 11 March 2016 amending Regulation (EC) No 684/2009 as regards the data to be submitted under the computerised procedure for the movement of excise goods under suspension of excise duty	13
		Commission Implementing Regulation (EU) 2016/380 of 16 March 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables	51
		DECISIONS
	*	Council Decision (EU) 2016/381 of 14 March 2016 on the position to be adopted, on behalf of the European Union, within the Port State Control Committee of the Paris Memorandum of Understanding on Port State Control	53
	*	Commission Implementing Decision (EU) 2016/382 of 15 March 2016 on a measure taken by Germany pursuant to Directive 2006/42/EC of the European Parliament and of the Council, to prohibit the placing on the market of a type of wire stripping machine (notified under document C(2016) 1520) ( 1 )	57
		ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS
	*	Decision No 1/2016 of the ACP-EU Committee of Ambassadors of 7 March 2016 on the approval of derogations to the Financial Regulation of the Centre for the Development of Enterprise (CDE) [2016/383]	59
	*	Decision No 2/2016 of the ACP-EU Committee of Ambassadors of 7 March 2016 appointing a member of the Executive Board of the Centre for the Development of Enterprise (CDE) [2016/384]	61
	*	Decision of the EU-Norway Joint Committee No 1/2016 of 8 February 2016 amending Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway concerning the definition of the concept of originating products and methods of administrative cooperation [2016/385]	63
	*	Decision of the EU-Iceland Joint Committee No 1/2016 of 17 February 2016 amending Protocol 3 to the Agreement between the European Economic Community and the Republic of Iceland concerning the definition of the concept of originating products and methods of administrative cooperation [2016/386]	66

		Corrigenda
	*	Corrigendum to Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom ( OJ L 13, 17.1.2014 )	69