ISSN 1977-0677
Official Journal
of the European Union
L 287
English edition
Legislation
Volume 60
4 November 2017
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 287 |
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English edition |
Legislation |
Volume 60 |
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(1) Text with EEA relevance. |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
|
4.11.2017 |
EN |
Official Journal of the European Union |
L 287/1 |
COMMISSION IMPLEMENTING REGULATION (EU) 2017/1983
of 27 October 2017
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
Whereas:
|
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
|
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
|
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
|
(4) |
It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months. |
|
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 October 2017.
For the Commission,
On behalf of the President,
Stephen QUEST
Director-General
Directorate-General for Taxation and Customs Union
(1) OJ L 269, 10.10.2013, p. 1.
(2) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
ANNEX
|
Description of the goods |
Classification (CN code) |
Reasons |
|
(1) |
(2) |
(3) |
|
An article in a form of an unworked board with a width of approximately 125 cm, a thickness of approximately 7,5 cm and a length of approximately 2 000 cm. It is made by gluing together veneer layers of spruce, pine or mixtures of both types of wood layers. The veneer layers are positioned in such a way that the direction of the wood fibres is the same in all layers. Some layers may also be positioned perpendicularly. The individual layers are bonded together by a phenol-formaldehyde adhesive during a pressing operation at high temperature. Edges and ends of the surface are coated with wax. The veneer layers of wood used to manufacture the article have an initial thickness of 2,8 to 3,2 mm and a density of 445 kg/m3 (spruce veneer) and 500 kg/m3 (pine veneer). Following the pressing process (with a pressure of 2,8 N/mm2), the individual pressed layers in the final product have a thickness of approximately 2,75 mm and the density of the final product is typically between 540 kg/m3 (spruce veneer) and 620 kg/m3 (pine veneer). See image (*1). |
4412 99 85 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 4412 , 4412 99 and 4412 99 85 . The article is similar laminated wood as defined by heading 4412 (see also the Harmonised System Explanatory Notes (HSEN) to heading 4412 , third paragraph). Classification under heading 4413 is excluded as the article does not comply with the definition of ‘densified wood’ in Note 2 to Chapter 44 because the pressing to which it is subjected increases its density by 24 % only and the article's surface remains soft, as is evident by a physical examination of the article. Classification under heading 4418 is also excluded, as the article is not identifiable as woodwork, used in the construction of buildings, in the form of assembled goods or as recognisable unassembled pieces (see also the HSEN to heading 4418 , first paragraph). It is of general use and it does not have any objective characteristics which would make it recognisable as builders' joinery and carpentry of wood. The article is therefore to be classified under CN code 4412 99 85 as other similar laminated wood. |
(*1) The image is purely for information.
DECISIONS
|
4.11.2017 |
EN |
Official Journal of the European Union |
L 287/4 |
COMMISSION IMPLEMENTING DECISION (EU) 2017/1984
of 24 October 2017
determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2018 to 31 December 2020 for each producer or importer which has lawfully placed on the market hydrofluorocarbons from 1 January 2015 as reported under that Regulation
(notified under document C(2017) 7080)
(Only the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovakian, Slovenian, Spanish and Swedish are authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 517/2014 of the European Parliament and the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (1), and in particular Article 16(3) thereof,
Whereas:
|
(1) |
In accordance with Regulation (EU) No 517/2014, the placing on the Union market of at least 100 tonnes of CO2 equivalent of hydrofluorocarbons per year by producers or importers is subject to quantitative limits in order to ensure their gradual reduction. |
|
(2) |
The Commission is required to determine those quantitative limits, namely reference values, for each producer and importer which has lawfully placed on the market hydrofluorocarbons for the relevant reference period. |
|
(3) |
Commission Implementing Decision 2014/774/EU (2) expires on 31 December 2017. |
|
(4) |
The reference values for producers and importers should be recalculated every three years as from 2017 in order to ensure that undertakings are allowed to continue their activities. This Decision should therefore expire on 31 December 2020. |
|
(5) |
The reference values should be calculated on the basis of the annual average of the quantities of hydrofluorocarbons the producers or importers have reported under Article 19 of Regulation (EU) No 517/2014 to have lawfully placed on the market from 1 January 2015 onwards, while excluding quantities of hydrofluorocarbons for the uses referred to in Article 15(2) of Regulation (EU) No 517/2014 during the same period, on the basis of available data, in accordance with Annex V to that Regulation. |
|
(6) |
The annual average of the quantities lawfully placed on the market should be calculated on the basis of the formula stipulated in parameter 4M of the Annex to Commission Implementing Regulation (EU) No 1191/2014 (3), and adding any authorisations pursuant to Article 18(2) of Regulation (EU) No 517/2014 given by the importer or producer in that calendar year. |
|
(7) |
For the calculation of reference values for the new entrants to the market, only the period starting with the year for which quota had been allocated for the first time should be taken into account. |
|
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 24 of Regulation (EU) No 517/2014, |
HAS ADOPTED THIS DECISION:
Article 1
Determination of reference values
For the purpose of the quota allocation, the reference values for each importer and producer shall be those set out in the Annex.
Article 2
Period of validity
This Decision shall apply from 1 January 2018 and shall expire on 31 December 2020.
Article 3
Addressees
This Decision is addressed to the following undertakings:
|
F-gas Portal ID |
Undertaking |
||||||
|
9575 |
|
||||||
|
13250 |
|
||||||
|
9579 |
|
||||||
|
9581 |
|
||||||
|
9583 |
|
||||||
|
9585 |
|
||||||
|
9587 |
|
||||||
|
9589 |
|
||||||
|
9401 |
|
||||||
|
16310 |
|
||||||
|
9590 |
|
||||||
|
9592 |
|
||||||
|
9596 |
|
||||||
|
9598 |
|
||||||
|
9600 |
|
||||||
|
9403 |
|
||||||
|
9602 |
|
||||||
|
9605 |
American Pacific Corporation As represented by:
|
||||||
|
9407 |
|
||||||
|
16412 |
|
||||||
|
13985 |
|
||||||
|
9409 |
|
||||||
|
16132 |
|
||||||
|
9611 |
|
||||||
|
16382 |
|
||||||
|
9410 |
|
||||||
|
9411 |
|
||||||
|
9618 |
|
||||||
|
9413 |
|
||||||
|
14617 |
|
||||||
|
9622 |
|
||||||
|
9624 |
|
||||||
|
9626 |
|
||||||
|
15508 |
|
||||||
|
9533 |
|
||||||
|
12491 |
|
||||||
|
13692 |
|
||||||
|
9630 |
|
||||||
|
9631 |
|
||||||
|
9633 |
|
||||||
|
9635 |
|
||||||
|
15950 |
|
||||||
|
9637 |
|
||||||
|
14228 |
|
||||||
|
9639 |
|
||||||
|
15953 |
|
||||||
|
9535 |
|
||||||
|
9641 |
BEIJING STARGET CHEMICALS CO.,LTD. As represented by:
|
||||||
|
9643 |
|
||||||
|
13853 |
|
||||||
|
9956 |
|
||||||
|
14422 |
|
||||||
|
9537 |
|
||||||
|
9418 |
|
||||||
|
16290 |
|
||||||
|
9420 |
|
||||||
|
9421 |
|
||||||
|
14181 |
|
||||||
|
16280 |
|
||||||
|
9422 |
|
||||||
|
9654 |
CHANGSHU 3F ZHONGHAO NEW CHEMICAL MATERIALS CO.,LTD As represented by:
|
||||||
|
9655 |
CHANGSHU JINDIHUI CHEMICAL IMP.&EXP.CO.,LTD As represented by:
|
||||||
|
9658 |
|
||||||
|
9746 |
Chemours 3F Fluorochemicals (Changshu) Co., Ltd As represented by:
|
||||||
|
20194 |
Chemours International Operations Sarl As represented by:
|
||||||
|
9428 |
|
||||||
|
9659 |
|
||||||
|
15888 |
|
||||||
|
16231 |
|
||||||
|
9661 |
|
||||||
|
9665 |
|
||||||
|
9669 |
|
||||||
|
9670 |
|
||||||
|
14247 |
|
||||||
|
16363 |
|
||||||
|
9672 |
|
||||||
|
13569 |
|
||||||
|
16092 |
|
||||||
|
9676 |
|
||||||
|
9678 |
|
||||||
|
15907 |
|
||||||
|
16054 |
|
||||||
|
9679 |
|
||||||
|
9680 |
|
||||||
|
9681 |
|
||||||
|
9682 |
|
||||||
|
9683 |
|
||||||
|
9684 |
|
||||||
|
9685 |
|
||||||
|
9686 |
|
||||||
|
9687 |
|
||||||
|
9689 |
|
||||||
|
9690 |
|
||||||
|
9691 |
|
||||||
|
9692 |
|
||||||
|
9693 |
|
||||||
|
9695 |
Daikin Arkema Refrigerants Asia Ltd As represented by:
|
||||||
|
9696 |
Daikin Arkema Refrigerants Trading (Shanghai) Co., Ltd As represented by:
|
||||||
|
9697 |
|
||||||
|
9698 |
|
||||||
|
9699 |
|
||||||
|
9700 |
|
||||||
|
9701 |
|
||||||
|
9702 |
|
||||||
|
9703 |
Daikin Fluorochemical China — Shanghai Branch As represented by:
|
||||||
|
9704 |
|
||||||
|
9705 |
|
||||||
|
9706 |
Daikin Industries Ltd As represented by:
|
||||||
|
14806 |
|
||||||
|
9707 |
|
||||||
|
9709 |
|
||||||
|
9711 |
|
||||||
|
9712 |
|
||||||
|
9713 |
|
||||||
|
9714 |
|
||||||
|
9538 |
|
||||||
|
9716 |
|
||||||
|
9718 |
|
||||||
|
16424 |
|
||||||
|
9719 |
|
||||||
|
9724 |
|
||||||
|
9728 |
|
||||||
|
9729 |
|
||||||
|
9733 |
|
||||||
|
9734 |
|
||||||
|
9736 |
|
||||||
|
9737 |
DONGYANG WEIHUA REFRIGERANTS CO.,LTD As represented by:
|
||||||
|
14285 |
|
||||||
|
16271 |
|
||||||
|
9743 |
Du Pont — Mitsui Fluorochemicals Company, Ltd As represented by:
|
||||||
|
9745 |
|
||||||
|
9747 |
|
||||||
|
15875 |
|
||||||
|
16321 |
|
||||||
|
9749 |
|
||||||
|
16291 |
|
||||||
|
14609 |
|
||||||
|
9753 |
|
||||||
|
16247 |
|
||||||
|
9755 |
|
||||||
|
9757 |
|
||||||
|
9430 |
|
||||||
|
14536 |
|
||||||
|
9540 |
|
||||||
|
9569 |
|
||||||
|
16381 |
|
||||||
|
14556 |
|
||||||
|
12209 |
|
||||||
|
16176 |
|
||||||
|
9761 |
|
||||||
|
9762 |
|
||||||
|
9763 |
|
||||||
|
9439 |
|
||||||
|
9767 |
|
||||||
|
13832 |
|
||||||
|
9441 |
|
||||||
|
9769 |
|
||||||
|
14063 |
|
||||||
|
9773 |
|
||||||
|
16288 |
|
||||||
|
9776 |
Fluo Shanghai International Trade Co., Ltd As represented by:
|
||||||
|
9443 |
|
||||||
|
9445 |
|
||||||
|
9780 |
|
||||||
|
9529 |
|
||||||
|
9447 |
|
||||||
|
9781 |
|
||||||
|
9783 |
|
||||||
|
9785 |
|
||||||
|
9449 |
|
||||||
|
9787 |
|
||||||
|
9789 |
Fujitsu General Limited As represented by:
|
||||||
|
9791 |
|
||||||
|
17706 |
|
||||||
|
9450 |
|
||||||
|
9795 |
|
||||||
|
9452 |
|
||||||
|
9797 |
|
||||||
|
9454 |
|
||||||
|
9541 |
|
||||||
|
9801 |
|
||||||
|
9456 |
|
||||||
|
16319 |
|
||||||
|
13334 |
|
||||||
|
16090 |
|
||||||
|
9802 |
|
||||||
|
9457 |
|
||||||
|
9803 |
|
||||||
|
9805 |
|
||||||
|
12707 |
|
||||||
|
16183 |
|
||||||
|
13784 |
|
||||||
|
13586 |
|
||||||
|
9809 |
|
||||||
|
9543 |
|
||||||
|
9810 |
|
||||||
|
16147 |
HANGZHOU WAYSMOS CHEMICAL CO., LTD. As represented by:
|
||||||
|
9545 |
|
||||||
|
9812 |
|
||||||
|
9461 |
|
||||||
|
16359 |
HS Salg as As represented by:
|
||||||
|
9825 |
Hudson Technologies Company As represented by:
|
||||||
|
9826 |
|
||||||
|
15894 |
|
||||||
|
9829 |
|
||||||
|
9556 |
|
||||||
|
9463 |
|
||||||
|
9834 |
INNER MONGOLIA 3F WANHAO FLUOROCHEMICAL CO.,LTD. As represented by:
|
||||||
|
9837 |
|
||||||
|
9546 |
|
||||||
|
9838 |
|
||||||
|
9839 |
|
||||||
|
16423 |
|
||||||
|
9840 |
|
||||||
|
9842 |
|
||||||
|
9846 |
JIANGSU SANMEI CHEMICALS CO., LTD As represented by:
|
||||||
|
9847 |
JINHUA YONGHE FLUOROCHEMICAL CO., LTD. As represented by:
|
||||||
|
9849 |
|
||||||
|
9851 |
|
||||||
|
9548 |
|
||||||
|
9853 |
|
||||||
|
16356 |
|
||||||
|
9855 |
|
||||||
|
9857 |
|
||||||
|
9859 |
|
||||||
|
16177 |
|
||||||
|
16414 |
|
||||||
|
16325 |
|
||||||
|
9867 |
|
||||||
|
16420 |
|
||||||
|
9871 |
|
||||||
|
9873 |
|
||||||
|
16138 |
|
||||||
|
16133 |
|
||||||
|
16142 |
|
||||||
|
16072 |
|
||||||
|
9875 |
|
||||||
|
16071 |
|
||||||
|
16134 |
|
||||||
|
9877 |
|
||||||
|
9424 |
|
||||||
|
9879 |
|
||||||
|
9881 |
|
||||||
|
9883 |
|
||||||
|
9885 |
|
||||||
|
9467 |
|
||||||
|
9887 |
|
||||||
|
9889 |
|
||||||
|
9469 |
|
||||||
|
9891 |
|
||||||
|
9893 |
|
||||||
|
9895 |
|
||||||
|
16506 |
|
||||||
|
9897 |
|
||||||
|
9470 |
|
||||||
|
9550 |
|
||||||
|
9472 |
|
||||||
|
9474 |
|
||||||
|
9901 |
|
||||||
|
9526 |
|
||||||
|
16439 |
|
||||||
|
9904 |
|
||||||
|
9910 |
|
||||||
|
9475 |
|
||||||
|
9914 |
|
||||||
|
9916 |
|
||||||
|
16352 |
|
||||||
|
9477 |
|
||||||
|
9920 |
|
||||||
|
9478 |
|
||||||
|
16411 |
|
||||||
|
9923 |
Ningbo Koman's Refrigeration Industry Co.,Ltd As represented by:
|
||||||
|
10011 |
NINHUA GROUP CO.,LTD. As represented by:
|
||||||
|
9552 |
|
||||||
|
16191 |
|
||||||
|
16192 |
|
||||||
|
9481 |
|
||||||
|
9927 |
|
||||||
|
16349 |
|
||||||
|
9554 |
|
||||||
|
9929 |
|
||||||
|
9931 |
|
||||||
|
16314 |
|
||||||
|
16408 |
|
||||||
|
16179 |
|
||||||
|
14486 |
|
||||||
|
16272 |
|
||||||
|
16416 |
|
||||||
|
9937 |
PANASONIC PROCUREMENT MALAYSIA SDN. BHD. As represented by:
|
||||||
|
9943 |
|
||||||
|
9947 |
|
||||||
|
14170 |
|
||||||
|
16284 |
|
||||||
|
9952 |
QUZHOU JINYUAN HONGTAI REFRIGERANT CO.,LTD. As represented by:
|
||||||
|
9959 |
|
||||||
|
9961 |
|
||||||
|
9965 |
|
||||||
|
9967 |
|
||||||
|
9558 |
|
||||||
|
9971 |
|
||||||
|
16376 |
|
||||||
|
16351 |
|
||||||
|
9487 |
|
||||||
|
9973 |
|
||||||
|
9974 |
|
||||||
|
9976 |
|
||||||
|
9978 |
|
||||||
|
16418 |
|
||||||
|
9489 |
|
||||||
|
15809 |
|
||||||
|
9559 |
|
||||||
|
9980 |
|
||||||
|
9982 |
|
||||||
|
9986 |
|
||||||
|
9988 |
|
||||||
|
9491 |
|
||||||
|
9989 |
|
||||||
|
9990 |
|
||||||
|
16286 |
SC NINGBO INTERNATIONAL LTD As represented by:
|
||||||
|
9992 |
|
||||||
|
9517 |
|
||||||
|
9994 |
|
||||||
|
9996 |
|
||||||
|
9998 |
|
||||||
|
9999 |
|
||||||
|
10003 |
Shandong Huaan New Material Co.,Ltd As represented by:
|
||||||
|
10004 |
Shanghai Aohong Chemical Co., Ltd As represented by:
|
||||||
|
16148 |
SHANGHAI T-CHEMI TRADING CO., LTD. As represented by:
|
||||||
|
10005 |
SHANGHAI WAYSMOS FINE CHEMICAL CO., LTD As represented by:
|
||||||
|
10007 |
|
||||||
|
9527 |
|
||||||
|
10008 |
SINOCHEM ENVIRONMENTAL PROTECTION CHEMICALS (TAICANG) CO., LTD. As represented by:
|
||||||
|
10080 |
SINOCHEM LANTIAN FLUORO MATERIAL Co., Ltd As represented by:
|
||||||
|
10009 |
Sinochem Modern Environmental Protection Chemicals (Xi'an) Co., Ltd As represented by:
|
||||||
|
15986 |
SINOCHEMLANTIAN TRADING CO., LTD. As represented by:
|
||||||
|
9499 |
|
||||||
|
12706 |
|
||||||
|
9501 |
|
||||||
|
10015 |
|
||||||
|
10016 |
|
||||||
|
10018 |
|
||||||
|
10019 |
|
||||||
|
9502 |
|
||||||
|
11469 |
|
||||||
|
9503 |
|
||||||
|
9505 |
|
||||||
|
9506 |
|
||||||
|
10021 |
|
||||||
|
11926 |
|
||||||
|
10022 |
|
||||||
|
10023 |
|
||||||
|
10025 |
|
||||||
|
10027 |
|
||||||
|
9565 |
|
||||||
|
10037 |
|
||||||
|
15836 |
|
||||||
|
9508 |
|
||||||
|
15531 |
|
||||||
|
10038 |
T.T.INTERNATIONAL CO.,LTD. As represented by:
|
||||||
|
9510 |
|
||||||
|
10040 |
|
||||||
|
9511 |
|
||||||
|
10041 |
|
||||||
|
9513 |
|
||||||
|
9566 |
|
||||||
|
10047 |
|
||||||
|
9515 |
|
||||||
|
10049 |
|
||||||
|
16346 |
TFI-Telemark, Inc. As represented by:
|
||||||
|
10050 |
Tianjin Aohong environmental protection material Co., Ltd As represented by:
|
||||||
|
10051 |
|
||||||
|
14125 |
|
||||||
|
9519 |
|
||||||
|
10056 |
|
||||||
|
16151 |
|
||||||
|
13777 |
|
||||||
|
12889 |
|
||||||
|
14631 |
|
||||||
|
10058 |
|
||||||
|
10060 |
|
||||||
|
10061 |
|
||||||
|
10063 |
|
||||||
|
9521 |
|
||||||
|
15946 |
|
||||||
|
9522 |
|
||||||
|
16030 |
|
||||||
|
16069 |
|
||||||
|
10072 |
|
||||||
|
16327 |
|
||||||
|
9524 |
|
||||||
|
10074 |
|
||||||
|
10076 |
|
||||||
|
10078 |
|
||||||
|
10079 |
ZHEJIANG JUHUA CO., LTD. As represented by:
|
||||||
|
10081 |
ZHEJIANG LANTIAN ENVIRONMENTAL PROTECTION HI-TECH CO., LTD. As represented by:
|
||||||
|
10082 |
ZHEJIANG QUHUA FLUOR-CHEMISTRY CO., LTD. As represented by:
|
||||||
|
10083 |
ZHEJIANG QUZHOU LIANZHOU REFRIGERANTS CO., LTD. As represented by:
|
||||||
|
10084 |
ZHEJIANG SANMEI CHEMICAL IND. CO., LTD As represented by:
|
||||||
|
10085 |
ZHEJIANG YONGHE REFRIGERANT CO., LTD. As represented by:
|
Done at Brussels, 24 October 2017.
For the Commission
Miguel ARIAS CAÑETE
Member of the Commission
(1) OJ L 150, 20.5.2014, p. 195.
(2) Commission Implementing Decision 2014/774/EU of 31 October 2014 determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2015 to 31 December 2017 for each producer or importer who reported placing on the market hydrofluorocarbons under Regulation (EC) No 842/2006 of the European Parliament and of the Council (OJ L 318, 5.11.2014, p. 28).
(3) Commission Implementing Regulation (EU) No 1191/2014 of 30 October 2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases (OJ L 318, 5.11.2014, p. 5).
|
4.11.2017 |
EN |
Official Journal of the European Union |
L 287/28 |
COMMISSION IMPLEMENTING DECISION (EU) 2017/1985
of 31 October 2017
allowing targets in the key performance area of cost-efficiency for the years 2017, 2018 and 2019 for air navigation services of Malta, Bulgaria, and Poland to be revised in accordance with Article 17(1) of Implementing Regulation (EU) No 390/2013
(notified under document C(2017) 7121)
(Only the Bulgarian, English, Maltese and Polish texts are authentic)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (1), and in particular Article 17(1) thereof,
Whereas:
|
(1) |
In accordance with Regulation (EC) No 549/2004 of the European Parliament and of the Council (2), the Member States are to adopt national or functional airspace block (‘FAB’) plans, including binding national targets or targets at the level of FABs, ensuring consistency with the Union-wide performance targets. |
|
(2) |
The Commission adopted Implementing Decision (EU) 2015/348 (3) which established, inter alia, that the local targets in the key performance area of cost-efficiency of Malta, Bulgaria and Poland included in the performance plans of BLUEMED FAB, DANUBE FAB and BALTIC FAB, respectively, were consistent with the Union-wide performance targets for the second reference period (2015-2019). |
|
(3) |
In 2016, Malta, Bulgaria and Poland requested, in accordance with Article 17(1), in conjunction with Article 19(2), of Implementing Regulation (EU) No 390/2013, permission of the Commission to revise local cost-efficiency targets for the years 2017, 2018 and 2019. Those Member States explained that they have been affected by changes in traffic flows caused by geopolitical crises which were unforeseeable at the time of adoption of the performance plans that include those targets and which affect the calculation of those targets. In addition, Bulgaria and Poland also provided evidence, obtained on the basis of the reports on the monitoring of the performance and additional documents, which demonstrates in their view that the initial assumptions and rationales underlying the setting of the initial targets are no longer valid. |
|
(4) |
The documentation submitted by the three Member States was assessed by the Performance Review Body (‘PRB’), which is charged with assisting the Commission in the implementation of the performance scheme pursuant to Article 3 of Implementing Regulation (EU) No 390/2013. Reports of the assessment were submitted to the Commission on 29 November 2016. |
|
(5) |
Based on the assessment of documentation received, the Commission considers that Malta, Bulgaria and Poland provided sufficient evidence to support the request to revise the local cost-efficiency targets for the years 2017, 2018 and 2019. |
|
(6) |
With regard to Malta, the alert threshold set for variations between planned and actual traffic, laid down in the performance plan of BLUEMED FAB, was reached and significantly exceeded for the year 2015. Actual traffic in 2015 was 35,2 % above planned. As a result of the closure of the Libyan Flight Information Region (‘FIR’), East-West traffic which used to overfly Libya started to transit across the Malta FIR. The geopolitical situation in Syriaand Iraq, security issues over the Sinai Peninsula and capacity issues in the Nicosia FIR and Athens FIR changed the traffic flows to and from the Middle East through the Malta FIR, thus bringing an increase in traffic. It is therefore considered that the alert threshold was reached due to circumstances that were unforeseeable at the time of adoption of the performance plan and are both insurmountable and beyond the control of Malta and that the conditions of point (b) of Article 17(1) and Article 19(2) of Implementing Regulation (EU) No 390/2013 have been met. |
|
(7) |
With regard to Bulgaria, the alert threshold set for variations between planned and actual traffic, laid down in the performance plan of DANUBE FAB, was also reached for the year 2015. Actual traffic in 2015 was 22,7 % above planned. The unavailability of flight planning of major portions of the Eastern part of the Ukrainian airspace and of the Black Sea created significant shifts in traffic flows. Although it occurred in 2014, this crisis lasted longer and had further reaching implications for traffic in the Bulgarian airspace than originally foreseen. The traffic flows in Bulgarian airspace were also impacted by the reduction of traffic demand between the Russian Federation and Turkey, as well as mutual interdiction of overflights of aircraft registered respectively by Ukraine and the Russian Federation. It is therefore considered that the alert threshold was reached due to circumstances that were unforeseeable at the time of adoption of the performance plan and are both insurmountable and beyond the control of Bulgaria and that the conditions of point (b) of Article 17(1) and Article 19(2) of Implementing Regulation (EU) No 390/2013 have been met. |
|
(8) |
In addition, the cost assumptions of Bulgaria, in particular in relation to staffing, laid down in the performance plan of DANUBE FAB, are no longer valid in view of the increase in traffic and the upcoming opening of a new airport in Turkey which requires changes in Bulgarian airspace. It is therefore considered that the initial data, assumptions and rationales, as regards costs, underlying the setting of the initial targets in the key performance area of cost-efficiency are no longer valid and that conditions of point (a) of Article 17(1) of Implementing Regulation (EU) No 390/2013 have been met. |
|
(9) |
With regard to Poland, the alert threshold set for variations between planned and actual traffic, laid down in the performance plan of BALTIC FAB, was also reached for the year 2015. Actual traffic in 2015 was 11,1 % below planned. The unavailability of flight planning of major portions of the Eastern part of the Ukrainian airspace and of the Black Sea created significant shifts in traffic flows. Although it occurred in 2014, this crisis lasted longer and had further reaching implications for traffic in the Polish airspace than originally foreseen. The traffic flows in the Polish airspace were affected by reduction of traffic to and from Russia in general, and specifically a reduction of traffic demand between the Russian Federation and Turkey as well as mutual interdiction of overflights of aircraft registered respectively by Ukraine and the Russian Federation. It is therefore considered that the alert threshold was reached due to circumstances that were unforeseeable at the time of adoption of the performance plan and are both insurmountable and beyond the control of Poland and that the conditions of point (b) of Article 17(1) and Article 19(2) of Implementing Regulation (EU) No 390/2013 have been met. |
|
(10) |
In addition, Poland made incorrect assumptions on costs, laid down in the performance plan of BALTIC FAB. Those incorrect cost assumptions related mainly to operating costs, in particular staff costs, and investments, including cost of capital and depreciation, in view of significant projects related to the restructuring and sectorisation of the airspace and the need to improve safety management and ensure future achievement of safety performance targets. It is therefore considered that the initial data, assumptions and rationales, as regards costs, underlying the setting of the initial targets in the key performance area of cost-efficiency are no longer valid and that conditions of point (a) of Article 17(1) of Implementing Regulation (EU) No 390/2013 have been met. |
|
(11) |
Malta, Bulgaria and Poland should therefore be allowed to revise their local targets in the key performance area of cost-efficiency, in as far as necessary in light of the circumstances causing the alert threshold to be reached and the evidence provided that the initial data, assumptions and rationales underlying the setting of the initial targets are no longer valid. |
|
(12) |
In accordance with Implementing Regulation (EU) No 390/2013, after having been allowed by the Commission to revise the relevant targets, the Member States concerned may revise those targets and submit amended performance plans, based on the revised targets, for the Commission to assess their consistency with the Union-wide targets for the second reference period. |
|
(13) |
The measures provided for in this Decision are in accordance with the opinion of the Single Sky Committee, |
HAS ADOPTED THIS DECISION:
Article 1
Bulgaria, Malta and Poland may revise their local targets in the key performance area of cost-efficiency for the years 2017, 2018 and 2019, laid down in the performance plans of DANUBE, BLUEMED and BALTIC functional airspace blocks, respectively.
Article 2
This Decision is addressed to the Republic of Bulgaria, the Republic of Malta, and the Republic of Poland.
Done at Brussels, 31 October 2017.
For the Commission
Violeta BULC
Member of the Commission
(2) Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (OJ L 96, 31.3.2004, p. 1).
(3) Commission Implementing Decision (EU) 2015/348 of 2 March 2015 concerning the consistency of certain targets included in the national or functional airspace block plans submitted pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the second reference period (OJ L 60, 4.3.2015, p. 55).