30.4.2014   

EN

Official Journal of the European Union

L 128/1

(1)

The free movement of persons is one of the fundamental freedoms of the Union. Article 46 of the Treaty on the Functioning of the European Union (TFEU) provides that the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the European Economic and Social Committee, are to issue Directives setting out the measures required to bring about freedom of movement for workers as laid down in Article 45 TFEU. Article 45 TFEU provides that the freedom of movement for workers entails, inter alia, the right to accept offers of employment and to move freely within the territory of Member States for this purpose. This Directive aims to promote worker mobility by reducing the obstacles to that mobility created by certain rules concerning supplementary pension schemes linked to an employment relationship.

(2)

The social protection of workers with regard to pensions is guaranteed by statutory social security schemes, together with supplementary pension schemes linked to the employment contract which are becoming increasingly common in the Member States.

(3)

The European Parliament and the Council have wide powers of discretion regarding the choice of measures which are the most appropriate when it comes to achieving the objective of Article 46 TFEU. The system of coordination provided for in Council Regulation (EEC) No 1408/71 (3) and in Regulation (EC) No 883/2004 of the European Parliament and of the Council (4) and, in particular, the rules that apply to aggregation, do not relate to supplementary pension schemes, except for schemes defined as legislation in those Regulations, or which have been the subject of a declaration to that effect by a Member State pursuant to those Regulations.

(4)

Council Directive 98/49/EC (5) represents an initial specific measure designed to improve the exercise of the right of freedom of movement for workers as regards supplementary pension schemes.

(5)

The objective of this Directive is to further facilitate worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights of members of those supplementary pension schemes.

(6)

This Directive is not applicable to the acquisition and preservation of supplementary pension rights of workers moving within a single Member State. Member States may consider using their national competences in order to extend the rules applicable pursuant to this Directive to scheme members who change employment within a single Member State.

(7)

A Member State may request that outgoing workers who move to another Member State notify their supplementary pension schemes accordingly.

(8)

Account should be taken of the characteristics and the special nature of supplementary pension schemes and of the way they differ within and among the Member States. The introduction of new schemes, the sustainability of existing schemes and the expectations and rights of current pension scheme members should be adequately protected. This Directive should also take particular account of the role of the social partners in designing and implementing supplementary pension schemes.

(9)

This Directive does not call into question the right of Member States to organise their own pension systems. Member States retain full responsibility for the organisation of such systems, and when transposing this Directive into national law they are not obliged to introduce legislation providing for the setting up of supplementary pension schemes.

(10)

This Directive does not limit the autonomy of the social partners where they are responsible for setting up and managing pension schemes, provided they can ensure the outcomes set out by this Directive.

(11)

This Directive should apply to all supplementary pension schemes established in accordance with national law and practice that offer supplementary pensions for workers, such as group insurance contracts, pay-as-you-go schemes agreed by one or more branches or sectors, funded schemes or pension promises backed by book reserves, or any collective or other comparable arrangement.

(12)

This Directive should not apply to supplementary pension schemes or, where applicable, sub-sections of such schemes that have been closed with the effect that no new members can be accepted because the introduction of new rules could place an unjustifiable burden on such schemes.

(13)

This Directive should not affect any arrangements for insolvency guarantee or compensation arrangements which are not part of a supplementary pension scheme linked to an employment relationship and which aim to protect the pension rights of workers in the event of insolvency of the undertaking or the pension scheme. Similarly, this Directive should not affect national pension reserve funds.

(14)

This Directive should apply only to supplementary pension schemes where entitlement exists by virtue of an employment relationship and is linked to reaching retirement age or to fulfilling other requirements, as laid down by the scheme or by national legislation. This Directive does not apply to individual pension arrangements, other than those concluded through an employment relationship. Where invalidity or survivor's benefits are attached to supplementary pension schemes, special rules may govern the entitlement to such benefits. This Directive does not affect existing national law and rules of supplementary pension schemes concerning such special rules.

(15)

A one-off payment which is unrelated to contributions made for the purpose of supplementary retirement provision, that is paid directly or indirectly at the end of an employment relationship, and that is financed solely by the employer, should not be considered to be a supplementary pension within the meaning of this Directive.

(16)

Since supplementary retirement provision is becoming increasingly important in many Member States as a means to secure people's standard of living in old age, the conditions for acquiring and preserving pension rights should be improved in order to reduce obstacles to workers' freedom of movement between Member States.

(17)

The fact that in some supplementary pension schemes pension rights can be forfeited if a worker's employment relationship ends before he or she has completed a minimum period of scheme membership ('vesting period'), or before he or she has reached the minimum age ('vesting age'), can prevent workers who move between Member States from acquiring adequate pension rights. The requirement of a lengthy waiting period before a worker can become a member of a pension scheme can have a similar effect. Such conditions therefore represent obstacles to workers' freedom of movement. By contrast, minimum age requirements for membership do not constitute an obstacle to freedom of movement, and are therefore not addressed by this Directive.

(18)

Vesting requirements should not be likened to other conditions laid down for the acquisition of a right to an annuity made with regard to the payout phase under national law or under the rules of certain supplementary pension schemes, in particular in defined contribution schemes. For instance, a period of active scheme membership which a member needs to complete after becoming entitled to a supplementary pension in order to claim his or her pension in the form of an annuity or capital sum does not constitute a vesting period.

(19)

Where an employment relationship is terminated before an outgoing worker has accrued vested pension rights and when the scheme or the employer bears the investment risk, in particular in defined benefit schemes, the scheme should always refund the pension contributions of that outgoing worker. Where an employment relationship is terminated before an outgoing worker has accrued vested pension rights and when the outgoing worker bears the investment risk, in particular in defined contribution schemes, the scheme may refund the value of the investments derived from those contributions. The value may be more or less than the contributions paid by the outgoing worker. Alternatively, the scheme may reimburse the sum of the contributions.

(20)

Outgoing workers should have the right to leave their vested pension rights as dormant pension rights in the supplementary pension scheme in which their entitlement was established. As regards the preservation of dormant pension rights, the level of protection may be considered equivalent where, particularly in the context of a defined contribution scheme, the outgoing workers are afforded the possibility of having the value of their vested pension rights discharged to a supplementary pension scheme which meets the conditions laid down in this Directive.

(21)

In accordance with national law and practice, steps should be taken to ensure the preservation of dormant pension rights or their value. The value of those rights at the time when the member leaves the scheme should be established in accordance with national law and practice. Where the value of those rights is adjusted, account should be taken of the particular nature of the scheme, the interests of the deferred beneficiaries, the interests of the remaining active scheme members and the interests of retired beneficiaries.

(22)

This Directive does not create any obligation to establish more favourable conditions for dormant pension rights than for the rights of active scheme members.

(23)

When the vested pension rights or the value of the vested pension rights of an outgoing worker do not exceed an applicable threshold established by the Member State concerned, and in order to avoid excessive administrative costs resulting from the management of a large number of low-value dormant pension rights, pension schemes may be given the option not to preserve those vested rights but, instead, to pay the outgoing worker a capital sum equivalent to the value of the vested pension rights. Where applicable, the transfer value or the capital payment should be established in accordance with national law and practice. Member States should set, where applicable, a threshold for such payments, taking into account the adequacy of workers' future retirement income.

(24)

This Directive does not provide for the transfer of vested pension rights. However, in order to facilitate worker mobility between Member States, Member States should endeavour, as far as possible, and in particular when introducing new supplementary pension schemes, to improve the transferability of vested pension rights.

(25)

Without prejudice to Directive 2003/41/EC of the European Parliament and of the Council (6), active scheme members and deferred beneficiaries who exercise or plan to exercise their right to freedom of movement should be suitably informed, upon request, about their supplementary pension rights. Where survivor's benefits are attached to schemes, surviving beneficiaries should also have the same right to information as deferred beneficiaries. Member States should be able to stipulate that such information need not be provided more than once a year.

(26)

In view of the diverse nature of supplementary pension schemes, the Union should confine itself to establishing the objectives to be achieved in general terms, which means that a Directive is the appropriate legal instrument.

(27)

Since the objective of this Directive, namely facilitating the exercise of the right of workers to freedom of movement between Member States, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(28)

This Directive establishes minimum requirements, thus enabling the Member States to adopt or maintain more favourable provisions. The implementation of this Directive cannot be used to justify a regression vis-à-vis the existing situation in each Member State.

(29)

The Commission should draw up a report on the application of this Directive no later than six years after its date of entry into force.

(30)

In accordance with the national provisions governing the organisation of supplementary pension schemes, the Member States may grant the social partners, at their joint request, responsibility for implementing this Directive as regards the provisions relating to collective agreements, provided that the Member States take all the necessary steps to ensure that they are at all times able to guarantee the outcomes set out in this Directive,

(a)

supplementary pension schemes that, on the date of entry into force of this Directive, no longer accept new active members and remain closed to them;

(b)

supplementary pension schemes that are subject to measures involving the intervention of administrative bodies established by national legislation or judicial authorities, which are intended to preserve or restore their financial situation, including winding-up proceedings. This exclusion shall not extend beyond the end of that intervention;

(c)

insolvency guarantee schemes, compensation schemes and national pension reserve funds; and

(d)

a one-off payment made by an employer to an employee at the end of that employee's employment relationship which is not related to retirement provision.

(a)

'supplementary pension' means a retirement pension provided for by the rules of a supplementary pension scheme established in accordance with national law and practice;

(b)

'supplementary pension scheme' means any occupational retirement pension scheme established in accordance with national law and practice and linked to an employment relationship, intended to provide a supplementary pension for employed persons;

(c)

'active scheme members' means workers whose current employment relationship entitles them or is likely to entitle them, after fulfilling any acquisition conditions, to a supplementary pension in accordance with the provisions of a supplementary pension scheme;

(d)

'waiting period' means the period of employment, required under national law or by the rules of a supplementary pension scheme or by the employer, before a worker becomes eligible for membership of a scheme;

(e)

'vesting period' means the period of active membership of a scheme, required under national law or the rules of a supplementary pension scheme, in order to trigger entitlement to the accumulated supplementary pension rights;

(f)

'vested pension rights' means any entitlement to the accumulated supplementary pension rights after the fulfilment of any acquisition conditions, under the rules of a supplementary pension scheme and, where applicable, under national law;

(g)

'outgoing worker' means an active scheme member whose current employment relationship terminates for reasons other than becoming eligible for a supplementary pension and who moves between Member States;

(h)

'deferred beneficiary' means a former active scheme member who has vested pension rights in a supplementary pension scheme and is not yet in receipt of a supplementary pension from that scheme;

(i)

'dormant pension rights' means vested pension rights retained within the scheme in which they have been accrued by a deferred beneficiary;

(j)

'value of the dormant pension rights' means the capital value of the pension rights calculated in accordance with national law and practice.

(a)

where a vesting period or a waiting period, or both, is applied, the total combined period shall under no circumstances exceed three years for outgoing workers;

(b)

where a minimum age is stipulated for the vesting of pension rights, that age shall not exceed 21 years for outgoing workers;

(c)

where an outgoing worker has not yet acquired vested pension rights when the employment relationship is terminated, the supplementary pension scheme shall reimburse the contributions paid by the outgoing worker, or paid on behalf of the outgoing worker, in accordance with national law or collective agreements or contracts, or, where the outgoing worker bears the investment risk, either the sum of the contributions made or the investment value arising from these contributions.

(a)

where the pension rights in the supplementary pension scheme are acquired as an entitlement to a nominal sum, by safeguarding the nominal value of the dormant pension rights;

(b)

where the value of accrued pensions rights changes over time, by adjusting the value of the dormant pension rights by applying:

or

(c)

where the value of the accrued pension rights is adjusted, for instance, in accordance with the inflation rate or salary levels, by adjusting the value of the dormant pension rights accordingly subject to any proportionate limit set by national law or agreed by the social partners.

(a)

the conditions governing the acquisition of supplementary pension rights and the effects of applying them when the employment relationship is terminated;

(b)

the value of their vested pension rights or an assessment of the vested pension rights that has been carried out no more than 12 months preceding the date of the request; and

(c)

the conditions governing the future treatment of dormant pension rights.

(a)

the value of their dormant pension rights or an assessment of the dormant pension rights that has been carried out no more than 12 months preceding the date of the request; and

(b)

the conditions governing the treatment of dormant pension rights.

30.4.2014   

EN

Official Journal of the European Union

L 128/8

(1)

The free movement of workers is a fundamental freedom of Union citizens and one of the pillars of the internal market in the Union enshrined in Article 45 of the Treaty on the Functioning of the European Union (TFEU). Its implementation is further developed by Union law aiming to guarantee the full exercise of rights conferred on Union citizens and the members of their family. ‘Members of their family’ should be understood as having the same meaning as the term defined in point (2) of Article 2 of Directive 2004/38/EC of the European Parliament and of the Council (3), which applies also to family members of frontier workers.

(2)

The free movement of workers is also a key element in the development of a genuine Union labour market, allowing workers to move to areas where there are labour shortages or more employment opportunities, helping more people find posts which are better suited to their skills and overcoming bottlenecks in the labour market.

(3)

The free movement of workers gives every citizen of the Union, irrespective of his or her place of residence, the right to move freely to another Member State in order to work there and/or to reside there for work purposes. It protects them against discrimination on grounds of nationality as regards access to employment, conditions of employment and work, in particular with regard to remuneration, dismissal, and tax and social advantages, by ensuring their equal treatment, under national law, practice and collective agreements, in comparison to nationals of that Member State. Such rights should be enjoyed without discrimination by all Union citizens exercising their right to free movement, including permanent, seasonal and frontier workers. The free movement of workers needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may post their own workers to another Member State temporarily in order for them to carry out the work necessary to provide services in that Member State.

(4)

With respect to Union workers and members of their family exercising their right to free movement, Article 45 TFEU confers substantial rights for the exercise of this fundamental freedom, which are further specified in Regulation (EU) No 492/2011 of the European Parliament and of the Council (4).

(5)

The effective exercise of the freedom of movement of workers is, however, still a major challenge and many Union workers are very often unaware of their rights to free movement. Because of, inter alia, their potentially more vulnerable position, Union workers may still suffer from unjustified restrictions or obstacles to the exercise of their right to free movement, such as non-recognition of qualifications, discrimination on grounds of nationality and exploitation when they move to another Member State. There is, therefore, a gap between the law and its application in practice that needs to be addressed.

(6)

In July 2010, in its Communication entitled ‘Reaffirming the free movement of workers: rights and major developments’ the Commission pointed out that it would explore ways of tackling the new needs and challenges, in particular in the light of new patterns of mobility, facing Union workers and members of their family. It also stated that, in the context of the new strategy for the internal market, it would consider how to promote and enhance mechanisms for the effective implementation of the principle of equal treatment for Union workers and members of their family exercising their right to free movement. The Commission also summarised developments in legislation and case-law, in particular with regard to the personal scope of the Union law on free movement of workers and the substance of the rights enjoyed by Union workers and members of their family.

(7)

In the 2010 EU Citizenship Report entitled ‘Dismantling the obstacles to EU citizens' rights’ of 27 October 2010, the Commission identified the divergent and incorrect application of Union law on the right to free movement as one of the main obstacles that Union citizens are confronted with in the effective exercise of their rights under Union law. Accordingly, the Commission announced its intention to take action to facilitate free movement of EU citizens and their third-country national family members by enforcing EU rules strictly, including on non-discrimination, by promoting good practices and increased knowledge or EU rules on the ground and by stepping up the dissemination of information to EU citizens about their free movement rights (action 15 of the 2010 EU Citizenship Report). In addition in the 2013 EU Citizenship Report entitled ‘EU citizens: your rights, your future’, the Commission addressed the need to remove administrative hurdles and to simplify procedures for Union citizens living, working and travelling in other Member States.

(8)

In the Commission Communication entitled ‘Towards a job-rich recovery’ of 18 April 2012 (the Employment Package), the Commission announced its intention to: present a legislative proposal (information and advice) in order to support mobile workers in the exercise of rights derived from the TFEU and Regulation (EU) No 492/2011, and urged Member States to: raise awareness of and access to rights conferred by Union law in relation to anti-discrimination, gender equality and free movement of workers and to open and facilitate access by Union citizens to public sector posts, in accordance with Union law, as interpreted by the Court of Justice of the European Union. In this context, the Court has consistently held that the restriction of access to certain posts in the public service to a Member State's own nationals is to be interpreted restrictively and that it covers only posts involving direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the State or of other public authorities.

(9)

Adequate and effective application and enforcement of Article 45 TFEU and Regulation (EU) No 492/2011, as well as awareness of rights, are key elements in protecting the rights and equal treatment of Union workers and members of their family, whereas poor enforcement undermines the effectiveness of Union rules applicable in this area and endangers the rights and protection of Union workers and members of their family.

(10)

A more effective and uniform application of rights conferred by Union rules on the free movement of workers is also necessary for the proper functioning of the internal market.

(11)

The application and monitoring of the Union rules on the free movement of workers should be improved to ensure that Union workers and members of their family as well as employers, public authorities, and other persons concerned are better informed about free movement rights and responsibilities, to assist and to protect Union workers and members of their family in the exercise of those rights, and to combat circumvention of those rules by public authorities and public or private employers. In that context Member States may also take into consideration the effects of increased mobility, such as ‘brain drain’ or ‘youth drain’.

(12)

In order to ensure the correct application of, and to monitor compliance with, the substantive Union rules on free movement of workers, Member States should take the appropriate measures to protect Union workers and members of their family exercising their right to free movement against both discrimination on grounds of nationality and any unjustified restriction or obstacle to the exercise of that right.

(13)

To that end, it is appropriate to provide specific rules for effective enforcement and to facilitate a better and more uniform application of the substantive rules governing the freedom of movement of workers under Article 45 TFEU and under Regulation (EU) No 492/2011. Enforcement of that fundamental freedom should take into consideration the principle of equality between women and men and the prohibition of discrimination of Union workers and members of their family on any ground set out in Article 21 of the Charter of Fundamental Rights of the European Union (‘the Charter’).

(14)

In that context, Union workers and members of their family who have been subject to discrimination on the grounds of nationality, or to any unjustified restriction or obstacles to exercising their right to free movement, should be guaranteed real and effective judicial protection. Where Member States provide for administrative procedures as a means of legal redress, they should ensure that any administrative decision may be challenged before a tribunal within the meaning of Article 47 of the Charter. Taking into account the right to effective legal protection, Union workers should be protected from any adverse treatment or consequence resulting from a complaint or proceedings which aim to enforce the rights safeguarded under this Directive.

(15)

In order to provide more effective levels of protection, associations and legal entities, including the social partners, should also be empowered to engage, as the Member States determine, either on behalf of or in support of any alleged victim, with his or her approval, in proceedings. This should be without prejudice to national rules of procedure concerning representation and defence before the courts and to other competences and collective rights of social partners, employees' and employers' representatives, such as those relating to the enforcement of collective agreements, where applicable, including actions on behalf of a collective interest, under national law or practice. With a view to ensuring effective legal protection, and without prejudice to the existing collective defence mechanisms available to the social partners and national law or practice, Member States are invited to examine the implementation of common principles for injunctive and compensatory collective redress mechanisms.

(16)

In accordance with the case-law of the Court of Justice, national rules on time limits for the enforcement of rights under this Directive should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of those rights.

(17)

Protection against discrimination based on the grounds of nationality would itself be strengthened by the existence of effective bodies with appropriate expertise in each Member State with competence to promote equal treatment, to analyse the problems faced by Union workers and members of their family, to study possible solutions and to provide specific assistance to them. The competence of those bodies should include, inter alia, the provision to Union workers and members of their family of independent legal and/or other assistance, such as the provision of legal advice on the application to them of the relevant Union and national rules on free movement of workers, of information about complaint procedures, and of help to protect the rights of workers and members of their family. It may also include assistance in legal proceedings.

(18)

It should be up to each Member State to decide whether to attribute the tasks to be carried out under this Directive to the bodies referred to above or whether to attribute those tasks to existing bodies with similar objectives at national level, for example, the promotion of free movement of persons, the implementation of the principle of equal treatment or the safeguarding of individual rights. Should a Member State decide to expand the mandate of an existing body, it should ensure allocation of sufficient resources to the existing body for the effective and adequate performance of its existing and additional tasks. Where the tasks are allocated to more than one body, Member States should ensure that they are adequately coordinated.

(19)

Member States should ensure that one or more of those bodies act as a contact point and that they cooperate and share information, such as the contact details of all the bodies, the means of redress and the contact details of the associations, organisations or other legal entities which provide information and services to Union workers and members of their family, with equivalent contact points in other Member States. The list of contact points should be made publicly available.

(20)

Member States should promote cooperation between the bodies designated by them under this Directive and existing information and assistance services provided by the social partners, associations, organisations or other relevant legal entities, such as organisations with responsibility for coordination arrangements under Regulation (EC) No 883/2004 of the European Parliament and of the Council (5) and, where relevant, labour inspectorates.

(21)

Member States should ensure the promotion of synergies with existing information and support tools at Union level and, to that end, should ensure that existing or newly created bodies work closely with the existing information and assistance services, such as Your Europe, SOLVIT, Enterprise Europe Network, the Points of Single Contact and EURES, including, where relevant, EURES cross-border partnerships.

(22)

Member States should promote dialogue with the social partners and with appropriate non-governmental organisations to address and combat unjustified restrictions and obstacles to the right to free movement or different forms of discrimination on the grounds of nationality.

(23)

Member States should establish how Union citizens, such as workers, students and recent graduates, as well as employers, the social partners and other interested parties can be provided with easily accessible, relevant information on the provisions of this Directive and of Regulation (EU) No 492/2011, including information about the bodies designated under this Directive and available means of redress and protection. Member States should take measures to make this information available in more than one official Union language taking into account demands in the labour market. This should not interfere with Member States' legislation on the use of languages. That information could be provided by individual counselling and should also be easily accessible through Your Europe and EURES.

(24)

In order to facilitate the enforcement of the rights granted under Union law, Council Directive 91/533/EEC (6) should be implemented and monitored consistently.

(25)

This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States also have the possibility to extend the competences of the organisations entrusted with tasks related to the protection of Union workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens exercising their right to free movement and the members of their family, as enshrined in Article 21 TFEU and in Directive 2004/38/EC. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.

(26)

The effective implementation of this Directive implies that Member States, when adopting the appropriate measures to comply with their obligations under this Directive, should provide a reference to this Directive or be accompanied by such a reference on the occasion of the official publication of implementing measures.

(27)

In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

(28)

After sufficient time for the implementation of this Directive has elapsed, the Commission should prepare a report on its implementation, evaluating in particular the opportunity to present any necessary proposal aiming to guarantee a better enforcement of Union law on free movement. In that report, the Commission should address the possible difficulties faced by young graduates looking for employment across the Union and by third-country spouses of Union workers.

(29)

This Directive respects the fundamental rights and observes the principles recognised in the Charter in particular the freedom to choose an occupation and the right to engage in work, the right to non-discrimination, in particular on grounds of nationality, the right to collective bargaining and action, fair and just working conditions, the right to freedom of movement and residence and the right to an effective remedy and a fair trial. It has to be implemented in accordance with those rights and principles.

(30)

This Directive respects the different labour market models of the Member States, including labour market models regulated by collective agreements.

(31)

Since the objective of this Directive, namely to establish a general common framework of appropriate provisions, measures and mechanisms necessary for the better and more uniform application and enforcement in practice of the rights relating to free movement of workers conferred by the TFEU and by Regulation (EU) No 492/2011, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale and effect of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,

(a)

access to employment;

(b)

conditions of employment and work, in particular as regards remuneration, dismissal, health and safety at work, and, if Union workers become unemployed, reinstatement or re-employment;

(c)

access to social and tax advantages;

(d)

membership of trade unions and eligibility for workers' representative bodies;

(e)

access to training;

(f)

access to housing;

(g)

access to education, apprenticeship and vocational training for the children of Union workers;

(h)

assistance afforded by the employment offices.

(a)

providing or ensuring the provision of independent legal and/or other assistance to Union workers and members of their family, without prejudice to their rights, and to the rights of associations, organisations and other legal entities referred to in Article 3;

(b)

acting as a contact point vis-à-vis equivalent contact points in other Member States in order to cooperate and share relevant information;

(c)

conducting or commissioning independent surveys and analyses concerning unjustified restrictions and obstacles to the right to free movement, or discrimination on grounds of nationality, of Union workers and members of their family;

(d)

ensuring the publication of independent reports and making recommendations on any issue relating to such restrictions and obstacles or discrimination;

(e)

publishing relevant information on the application at national level of Union rules on free movement of workers.

30.4.2014   

EN

Official Journal of the European Union

L 128/15

(1)

In accordance with Council Decision 2014/242/EU (1), the Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation (‘the Agreement’) was signed, on behalf of the Union, subject to its conclusion at a later date.

(2)

The Agreement should be approved.

(3)

The Agreement establishes a Joint Readmission Committee which is to adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Union position in this case.

(4)

In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

(5)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

30.4.2014   

EN

Official Journal of the European Union

L 128/17

(a)

‘Readmission’ shall mean the transfer by the Requesting State and admission by the Requested State of persons (own nationals of the Requested State, third-country nationals or stateless persons) who have been found illegally entering into, present in or residing in the Requesting State, in accordance with the provisions of this Agreement;

(b)

‘Contracting Parties’ shall mean Azerbaijan and the Union;

(c)

‘Member State’ shall mean any Member State of the Union bound by this Agreement;

(d)

‘National of Azerbaijan’ shall mean any person who holds the citizenship of Azerbaijan in accordance with its legislation;

(e)

‘National of a Member State’ shall mean any person who holds the nationality, as defined for Union purposes, of a Member State;

(f)

‘Third-country national’ shall mean any person who holds a nationality other than that of Azerbaijan or of one of the Member States;

(g)

‘Stateless person’ shall mean any person who does not hold a nationality of any State;

(h)

‘Residence permit’ shall mean a permit of any type issued by Azerbaijan or by one of the Member States entitling a person to reside on its territory. This shall not include temporary permissions to remain on its territory in connection with the processing of an asylum application or an application for a residence permit;

(i)

‘Visa’ shall mean an authorisation issued or a decision taken by Azerbaijan or by one of the Member States which is required with a view to entry in, stay in or transit through, its territory.This shall not include airport transit visa;

(j)

‘Requesting State’ shall mean the State (Azerbaijan or one of the Member States) submitting a readmission application pursuant to Article 8 or a transit application pursuant to Article 15 of this Agreement;

(k)

‘Requested State’ shall mean the State (Azerbaijan or one of the Member States) to which a readmission application pursuant to Article 8 or a transit application pursuant to Article 15 of this Agreement is addressed;

(l)

‘Competent Authority’ shall mean any national authority of Azerbaijan or one of the Member States entrusted with the implementation of this Agreement in accordance with Article 20(1)(a);

(m)

‘Transit’ shall mean the passage of a third-country national or of a stateless person through the territory of the Requested State while travelling from the Requesting State to the country of destination.

—

the 1948 Universal Declaration of the Human Rights;

—

the 1950 European Convention on Human Rights and Fundamental Freedoms and its protocols;

—

the 1966 International Covenant on Civil and Political Rights;

—

the 1984 UN Convention Against Torture;

—

the 1951 Geneva Convention relating to the Status of Refugees and its Protocol of 1967.

(a)

minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in the Requesting Member State or hold a valid residence permit issued by another Member State;

(b)

spouses, holding another nationality or who are stateless, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of Azerbaijan, unless they have an independent right of residence in the Requesting Member State or hold a valid residence permit issued by another Member State.

(a)

hold, at the time of submission of the readmission application, a valid visa or residence permit issued by Azerbaijan; or

(b)

illegally and directly entered the territory of the Member States after having stayed on, or transited through, the territory of Azerbaijan.

(a)

the third-country national or stateless person has only been in airside transit via an international airport of Azerbaijan;

(b)

the third-country national or stateless person enjoyed visa-free access to the territory of the Requesting Member State.

(a)

minor unmarried children of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence in Azerbaijan;

(b)

spouses, holding another nationality or who are stateless, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of the Requested Member State, unless they have an independent right of residence in Azerbaijan.

(a)

hold, at the time of submission of the readmission application, a valid visa or residence permit issued by the Requested Member State; or

(b)

illegally and directly entered the territory of Azerbaijan after having stayed on, or transited through, the territory of the Requested Member State.

(a)

the third-country national or stateless person has only been in airside transit via an international airport of the Requested Member State; or

(b)

the third-country national or stateless person enjoyed visa-free access to the territory of Azerbaijan.

(a)

the particulars of the person to be readmitted (e.g. given names, surnames, date of birth, and — where possible — place of birth, and the last place of residence) and, where applicable, the particulars of minor unmarried children and/or spouses;

(b)

in the case of own nationals, an indication of the means of proof or prima facie evidence of nationality as set out in Annexes 1 and 2 respectively;

(c)

in the case of third-country nationals and stateless persons, an indication of the means of proof or prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons as set out in Annexes 3 and 4 respectively;

(d)

a photograph of the person to be readmitted.

(a)

a statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement;

(b)

any other protection, security measure or information concerning the health of the person, which may be necessary in the individual transfer case.

(a)

two working days if the application is made under the accelerated procedure (Article 7(3));

(b)

fifteen calendar days in all other cases.

(a)

if the third-country national or stateless person runs the real risk of being subjected to torture, to inhuman or degrading treatment or punishment, or to the death penalty or of being persecuted because of his or her race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit; or

(b)

if the third-country national or the stateless person will be subject to criminal sanctions in the Requested State or in another State of transit; or

(c)

on grounds of public health, national security, public order or other national interests of the Requested State.

(a)

type of transit (by air, sea or land), other possible States of transit and intended final destination;

(b)

the particulars of the person concerned (e.g. given name, surname, maiden name, other names used/by which that person is known or aliases, date of birth, sex and — where possible — place of birth, nationality, language, type and number of travel document);

(c)

envisaged point of entry, time of transfer and possible use of escorts;

(d)

a declaration that, in the view of the Requesting State, the conditions set out in Article 14(2) are met, and that no reasons for a refusal pursuant to Article 14(3) are known of.

(a)

personal data must be processed fairly and lawfully;

(b)

personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose;

(c)

personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:

(d)

personal data must be accurate and, where necessary, kept up-to-date;

(e)

personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed;

(f)

both the communicating authority and the receiving authority shall take every reasonable step to ensure, as appropriate, the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this Article, in particular because those data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party;

(g)

upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom;

(h)

personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority;

(i)

the communicating and the receiving authorities are under an obligation to make a written record of the communication and receipt of personal data.

—

the international conventions determining the State responsible for examining applications for asylum lodged;

—

international conventions on extradition and transit;

—

multilateral international conventions and agreements on the readmission of foreign nationals such as the Convention on International Civil Aviation.

(a)

to monitor the application of this Agreement;

(b)

to address issues arising out of the interpretation or application of this Agreement;

(c)

to decide on implementing arrangements necessary for the uniform application of this Agreement;

(d)

to have regular exchanges of information on the implementing Protocols drawn up by individual Member States and Azerbaijan pursuant to Article 20;

(e)

to recommend amendments to this Agreement and its Annexes.

(a)

designation of the competent authorities, border crossing points and exchange of contact points;

(b)

conditions for escorted returns, including the transit of third-country nationals and stateless persons under escort;

(c)

means and documents additional to those listed in Annexes 1 to 4 to this Agreement;

(d)

the modalities for readmission under the accelerated procedure;

(e)

the procedure for interviews.

30.4.2014   

EN

Official Journal of the European Union

L 128/43

(1)

By Decision 98/591/EC (1), the Council approved the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (‘the Agreement’).

(2)

Article 12(b) of the Agreement provides that the Agreement is concluded for an initial period of five years and may be extended, with possible amendments, thereafter for additional periods of five years by mutual written agreement between the Parties.

(3)

By Council Decision 2009/306/EC (2), the Agreement was extended for a further period of five years.

(4)

The Parties to the Agreement consider that a rapid extension of the Agreement would be in their mutual interest.

(5)

The content of the extended Agreement is to be identical to the content of the Agreement, which expires on 14 October 2013.

(6)

The extension of the Agreement should therefore be approved on behalf of the European Union,

30.4.2014   

EN

Official Journal of the European Union

L 128/45

(1)

The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 (hereinafter ‘the Convention’), was adopted on 15 May 2009 under the auspices of the International Maritime Organisation (IMO), as a result of the deliberations of the International Conference on the Safe and Environmentally Sound Recycling of Ships. The Convention covers the design, construction, operation and preparation of ships so as to facilitate safe and environmentally sound recycling without compromising ship safety and operational efficiency. It also covers the operation of ship recycling facilities in a safe and environmentally sound manner, and the establishment of an appropriate enforcement mechanism for ship recycling.

(2)

The Convention enters into force 24 months after the date of ratification by at least 15 States representing a combined merchant fleet of at least 40 per cent of the gross tonnage of the world's merchant shipping and whose combined maximum annual ship recycling volume during the preceding 10 years constitutes not less than three per cent of the gross tonnage of the combined merchant shipping of the same States.

(3)

In its conclusions of 21 October 2009, the Council strongly encouraged the Member States to ratify the Convention as a matter of priority so as to facilitate its entry into force as early as possible and to generate a real and effective change on the ground.

(4)

Regulation (EU) No 1257/2013 of the European Parliament and of the Council (1) aims, amongst other things, to minimise and, to the extent practicable, eliminate adverse effects on human health and the environment caused by ship recycling and to facilitate the ratification of the Convention. Articles 5(9), 7(2), 10(1), 10(2), 12(1) and 12(3) of that Regulation provide for the alignment of Union law with the Convention. Article 32(4) refers to the situation of Member States which have no ships flying their flag or registered under their flag or have closed their national ship registers. Those Member States may derogate from certain provisions of the Regulation as long as no ship is registered under their flag.

(5)

The Union cannot accede to the Convention, as only States can be parties thereto.

(6)

Thus, the Council should authorise Member States having ships flying their flag or registered under their flag which fall within the scope of the Convention to ratify or accede to it,

30.4.2014   

EN

Official Journal of the European Union

L 128/47

(1)

In accordance with Council Decision 2013/695/EU (1), the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas (‘the Agreement’) was signed on 29 November 2013, subject to its conclusion.

(2)

The Agreement should be approved.

(3)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (2); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

(4)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (3); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

(5)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

30.4.2014   

EN

Official Journal of the European Union

L 128/49

(a)

‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark, the Republic of Ireland and the United Kingdom;

(b)

‘Citizen of the Union’ shall mean a national of a Member State as defined in point (a);

(c)

‘Citizen of the Republic of Azerbaijan’ shall mean any person who holds the citizenship of the Republic of Azerbaijan in accordance with its legislation in force;

(d)

‘visa’ shall mean an authorisation issued by a Member State or the Republic of Azerbaijan with a view to transiting through, or an intended stay of a duration of no more than 90 days in any 180-day period, in the territory of Member States or the Republic of Azerbaijan;

(e)

‘legally residing person’ shall mean:

(a)

for close relatives — spouses, children (including adopted), parents (including custodians), grandparents and grand-children — visiting citizens of the European Union legally residing in the territory of the Republic of Azerbaijan or citizens of the Republic of Azerbaijan legally residing in the Member States, or citizens of the European Union residing in the territory of the Member State of which they are nationals, or citizens of the Republic of Azerbaijan residing in the territory of the Republic of Azerbaijan:

(b)

without prejudice to Article 10, for members of official delegations including permanent members of such delegations who, following an official invitation addressed to the Member States, the European Union or the Republic of Azerbaijan, shall participate in official meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Republic of Azerbaijan or one of the Member States by intergovernmental organisations:

(c)

for business people and representatives of business organisations:

(d)

for drivers conducting international cargo and passenger transportation services between the territories of the Republic of Azerbaijan and the Member States in vehicles registered in the Member States or in the Republic of Azerbaijan:

(e)

for pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school related activities:

(f)

for persons participating in scientific, academic, cultural or artistic activities, including university and other exchange programmes:

(g)

for journalists and technical crew accompanying them in a professional capacity:

(h)

for participants in international sports events and persons accompanying them in a professional capacity:

(i)

for participants in official exchange programmes organized by twin cities:

(j)

for persons travelling for medical reasons and necessary accompanying persons:

(k)

for members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events held on the territory of the Republic of Azerbaijan or Member States:

(l)

for representatives of civil society organizations when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes:

(m)

relatives visiting for burial ceremonies:

(n)

for visiting military and civil burial grounds:

(a)

for the invited person: name and surname, date of birth, sex, citizenship, passport number, time and purpose of the journey, number of entries and where relevant the name of the spouse and children accompanying the invited person;

(b)

for the inviting person: name, surname and address;

(c)

for the inviting legal person, company or organisation: full name and address and:

(a)

spouses, children (including adopted), who are under the age of 21 or are dependant, parents (including custodians), visiting citizens of the European Union legally residing in the territory of the Republic of Azerbaijan or citizens of the Republic of Azerbaijan legally residing in the territory of the Member States, or citizens of the European Union residing in the territory of the Member State of which they are nationals, or citizens of the Republic of Azerbaijan residing in the territory of the Republic of Azerbaijan;

(b)

permanent members of official delegations, who following an official invitation addressed to the Member States, the European Union or the Republic of Azerbaijan, are to participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Republic of the Azerbaijan or one of the Member States by intergovernmental organisations;

—

in the case of the persons referred to in point (a), the period of validity of the authorisation for legal residence of citizens of the Republic of Azerbaijan legally residing in one of the Member States or citizens of the Union legally residing in the Republic of Azerbaijan;

—

in the case of the persons referred to in point (b), the term of the validity of the status as a permanent member of an official delegation,

(a)

students, post-graduate students who regularly travel for the purposes of study or educational training, including in the framework of exchange programmes;

(b)

journalists and technical crew accompanying them in a professional capacity;

(c)

participants in official exchange programmes organised by twin cities;

(d)

drivers conducting international cargo and passenger transportation services between the territories of the Republic of Azerbaijan and the Member States in vehicles registered in the Member States or the Republic of Azerbaijan;

(e)

persons needing to visit regularly for medical reasons and necessary accompanying persons;

(f)

members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to the Republic of Azerbaijan or the Member States;

(g)

representatives of civil society organizations travelling regularly to the Republic of Azerbaijan or the Member States for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes;

(h)

persons participating in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Republic of Azerbaijan or the Member States;

(i)

participants in international sports events and persons accompanying them in a professional capacity;

(j)

members of official delegations who, following an official invitation addressed to the Member State, the European Union or the Republic of Azerbaijan, shall participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Republic of Azerbaijan or of the Member States by intergovernmental organisations;

(k)

business people and representatives of business organisations who regularly travel to the Republic of Azerbaijan or the Member States.

(a)

for close relatives — spouses, children (including adopted), parents (including custodians), grandparents and grand-children — of citizens of the European Union legally residing in the territory of the Republic of Azerbaijan, of citizens of the Republic of Azerbaijan legally residing in the territory of the Member States, of citizens of the European Union residing in the territory of the Member State of which they are nationals, and of citizens of the Republic of Azerbaijan residing in the territory of the Republic of Azerbaijan;

(b)

for members of official delegations, including permanent members of official delegations, who, following an official invitation addressed to the Member States, the European Union or the Republic of Azerbaijan, shall participate in official meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Republic of Azerbaijan or one of the Member States by intergovernmental organisations;

(c)

pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school related activities;

(d)

persons with disabilities and persons accompanying them, if necessary;

(e)

participants in international sports events and persons accompanying them in a professional capacity;

(f)

persons participating in scientific, cultural and artistic activities, including university and other exchange programmes;

(g)

persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment and the person accompanying such person, or to attend a funeral of a close relative, or to visit a seriously ill close relative;

(h)

representatives of civil society organizations when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes;

(i)

pensioners;

(j)

children under the age of 12;

(k)

journalists and technical crew accompanying them in a professional capacity.

(a)

monitoring the implementation of the present Agreement;

(b)

suggesting amendments or additions to the present Agreement;

(c)

settling disputes arising out of the interpretation or application of the provisions in this Agreement.

30.4.2014   

EN

Official Journal of the European Union

L 128/61

(1)

On 16 July 1999, the Council authorised the Commission to negotiate within the Council of Europe, on behalf of the European Community, a convention concerning the legal protection of services based on, or consisting of, conditional access.

(2)

The European Convention on the legal protection of services based on, or consisting of, conditional access (‘the Convention’) was adopted by the Council of Europe on 24 January 2001.

(3)

The Convention establishes a regulatory framework which is almost identical to that set out in Directive 98/84/EC of the European Parliament and of the Council (1).

(4)

The Convention entered into force on 1 July 2003 and is open for signature by the Union.

(5)

The signing of the Convention could help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union, and establish a law on services based on conditional access which would be applicable throughout the European continent.

(6)

The Convention should be signed on behalf of the Union subject to its conclusion at a later date,

30.4.2014   

EN

Official Journal of the European Union

L 128/62

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Slovenia's application to register the name ‘Piranska sol’ was published in the Official Journal of the European Union  (2).

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Piranska sol’ should therefore be entered in the register,

30.4.2014   

EN

Official Journal of the European Union

L 128/64

(1)

Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes 4,5-Dichloro-2-octyl-2H-isothiazol-3-one.

(2)

4,5-Dichloro-2-octyl-2H-isothiazol-3-one has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 21, antifouling products, as defined in Annex V to that Directive, which corresponds to product-type 21 as defined in Annex V to Regulation (EU) No 528/2012.

(3)

Norway was designated as Rapporteur and submitted the competent authority report, together with a recommendation, to the Commission on 21 December 2010 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

(4)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated in an assessment report reviewed within the Standing Committee on Biocidal Products on 13 March 2014.

(5)

According to that assessment report, biocidal products used for product-type 21 and containing 4,5-Dichloro-2-octyl-2H-isothiazol-3-one may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC, provided that certain specifications and conditions relating to its use are satisfied.

(6)

It is therefore appropriate to approve 4,5-Dichloro-2-octyl-2H-isothiazol-3-one for use in biocidal products for product-type 21 subject to compliance with such specifications and conditions.

(7)

Since the evaluation did not address nanomaterials, the approval should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.

(8)

A reasonable period should be allowed to elapse before an active substance is approved in order to permit interested parties to take the preparatory measures necessary to meet the new requirements laid down.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

30.4.2014   

EN

Official Journal of the European Union

L 128/68

(1)

Commission Regulation (EC) No 1451/2007 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council (3). That list includes cyproconazole.

(2)

Cyproconazole has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to that Directive, which corresponds to product-type 8 as defined in Annex V to Regulation (EU) No 528/2012.

(3)

Ireland was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 30 May 2012 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

(4)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated in an assessment report reviewed within the Standing Committee on Biocidal Products on 13 March 2014.

(5)

According to that assessment report, biocidal products used for product-type 8 and containing cyproconazole may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC provided that certain specifications and conditions relating to its use are satisfied.

(6)

It is therefore appropriate to approve cyproconazole for use in biocidal products for product-type 8 subject to compliance with such specifications and conditions.

(7)

Since the evaluation did not address nanomaterials, the approval should not cover such materials pursuant to Article 4(4) of Regulation (EU) No 528/2012.

(8)

The report concludes that cyproconazole meets the criteria for being classified as toxic for reproduction category 1B in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (4), and for being very persistent (vP) and toxic (T) according to Annex XIII to Regulation (EC) No 1907/2006. Notwithstanding the fact that the existing harmonised classification of cyproconazole should be revised pursuant to Article 37 of Regulation (EC) No 1272/2008, those intrinsic properties should be taken into account for the purpose of determining the period of approval.

(9)

Since the conditions of the first subparagraph of Article 90(2) of Regulation (EU) No 528/2012 are not met, the current practice under Directive 98/8/EC should be followed. The period of approval should therefore be five years.

(10)

However, for the purpose of authorising products in accordance with Article 23 of Regulation (EU) No 528/2012, cyproconazole shall be considered as a candidate for substitution pursuant to Article 10(1)(a) and (d) of that Regulation.

(11)

A reasonable period should be allowed to elapse before an active substance is approved, in order to permit interested parties to take the preparatory measures necessary to meet the new requirements laid down.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Biocidal Products,

30.4.2014   

EN

Official Journal of the European Union

L 128/72

(1)

Regulation (EC) No 295/2008 of the European Parliament and the Council established a common framework for the collection, transmission and evaluation of European statistics on the structure, activity, competitiveness and performance of businesses in the Union.

(2)

Commission Regulation (EC) No 250/2009 (2) established the definitions of characteristics and the technical format for the transmission of data.

(3)

It is necessary to specify definitions for the characteristics of the demography of enterprises with at least one employee to respond to the need for increased international comparability of results, especially for statistics on entrepreneurship. These definitions should be added in Annex I to Regulation (EC) No 250/2009. The technical format for the transmission of data as set out in Annex II to Regulation (EC) No 250/2009, including the list of data set identifiers, the series and the list of variables should therefore be updated accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

30.4.2014   

EN

Official Journal of the European Union

L 128/79

(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,