ISSN 1977-0677 |
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Official Journal of the European Union |
L 339 |
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English edition |
Legislation |
Volume 58 |
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Commission Implementing Decision (EU) 2015/2460 of 23 December 2015 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France (notified under document C(2015) 9818) ( 1 ) |
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INTERINSTITUTIONAL AGREEMENTS |
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(1) Text with EEA relevance |
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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
INTERNATIONAL AGREEMENTS
24.12.2015 |
EN |
Official Journal of the European Union |
L 339/1 |
COUNCIL DECISION (EU) 2015/2453
of 8 December 2015
on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115 in conjunction with Article 218(6)(b) and the second subparagraph of Article 218(8),
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
After consultation of the European Data Protection Supervisor,
Whereas:
(1) |
In accordance with Decision (EU) 2015/1994 (2), the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (the ‘Amending Protocol’) was signed on 28 October 2015, subject to its conclusion at a later date. |
(2) |
The text of the Amending Protocol, which is the result of negotiations, duly reflects the negotiating directive therefor issued by the Council, as it aligns the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (3) (the ‘Agreement’) with the latest developments at international level concerning the automatic exchange of information, namely, with the global standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Principality of Liechtenstein have actively participated in the work of the Global Forum of the OECD for supporting the development and implementation of that standard. The text of the Agreement, as amended by the Amending Protocol, is the legal basis for implementing the global standard in relations between the European Union and the Principality of Liechtenstein. |
(3) |
The Amending Protocol should be approved, |
HAS ADOPTED THIS DECISION:
Article 1
The Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments is hereby approved on behalf of the European Union.
The text of the Amending Protocol is attached to this Decision.
Article 2
1. The President of the Council shall, on behalf of the Union, give the notification provided for in Article 2(1) of the Amending Protocol (4).
2. The Commission shall notify the Principality of Liechtenstein and the Member States of the notifications given in accordance with Article 1(l)d of the Agreement as resulting from the Amending Protocol.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 8 December 2015.
For the Council
The President
P. GRAMEGNA
(1) Opinion of 2 December 2015 (not yet published in the Official Journal).
(2) Council Decision (EU) 2015/1994 of 26 October 2015 on the signing, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (OJ L 290, 6.11.2015, p. 16).
(3) OJ L 379, 24.12.2004, p. 84.
(4) The date of entry into force of the Amending Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.
24.12.2015 |
EN |
Official Journal of the European Union |
L 339/3 |
AMENDING PROTOCOL
to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments
THE EUROPEAN UNION,
and
THE PRINCIPALITY OF LIECHTENSTEIN, hereinafter referred to as ‘Liechtenstein’,
both hereinafter referred to as ‘Contracting Party’ or, jointly, as ‘Contracting Parties’,
WITH A VIEW TO implementing the OECD Standard for Automatic Exchange of Financial Account Information, hereinafter referred to as ‘Global Standard’, within a framework of cooperation which takes account of the legitimate interests of both Contracting Parties,
WHEREAS the Contracting Parties agree that, pursuant to the Global Standard and for the purpose of implementing the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (hereinafter referred to as the ‘Agreement’) as amended by this Amending Protocol, the Commentaries to the OECD Model Competent Authority Agreement and the Common Reporting Standard should be used as sources of illustration or interpretation and in order to ensure consistency in application;
WHEREAS the Contracting Parties have a longstanding and close relationship with respect to mutual assistance in tax matters, in particular on the application of measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (1), and desire to improve international tax compliance by further building on that relationship;
WHEREAS the Contracting Parties desire to conclude an agreement to improve international tax compliance based on reciprocal automatic exchange of information, subject to certain confidentiality and other protections, including provisions limiting the use of the information exchanged;
WHEREAS Liechtenstein joined the European Economic Area (EEA) in 1995;
WHEREAS the conclusions on a homogenous extended single market and EU relations with Non-EU Western European countries adopted by the Council of the European Union in December 2014 acknowledged the key role played by the Agreement on the European Economic Area throughout the last 20 years in advancing economic relations and internal market integration between the EU and the those EFTA States which are part of the EEA;
WHEREAS the Agreement as amended by this Amending Protocol should remain without prejudice to the rights of Member States on the one hand and Liechtenstein on the other to address bilaterally other matters related to cooperation in fiscal matters, including issues of double taxation, provided that the obligations set forth under the Agreement as amended by this Amending Protocol are not affected;
WHEREAS Article 10 of the Agreement in the form prior to its amendment by this Amending Protocol, which currently provides for exchange of information upon request limited to conduct constituting tax fraud and the like should be aligned to the OECD standard on transparency and exchange of information in tax matters in the version current at the time of signature of this Amending Protocol. That alignment should be without prejudice to the possibilities to raise, independently from negotiations provided for in Article 10(4) of the Agreement in the form prior to its amendment, other taxation issues, including issues related to the elimination or reduction of double taxation of income, as foreseen in the Memorandum of Understanding to the Agreement in the form prior to its amendment by this Amending Protocol. In this respect, the EU and its Member States will take into account Liechtenstein's decision to provide for measures equivalent to those laid down in EU legislation on the automatic exchange of financial account information to improve international tax compliance;
WHEREAS Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2) lays down specific data protection rules which apply also to the exchanges of information covered by this Amending Protocol,
WHEREAS Liechtenstein has implemented Directive 95/46/EC by means of the Data Protection Act of 14 March 2002 (3);
WHEREAS the Member States and Liechtenstein have in place (i) appropriate safeguards to ensure that the information received pursuant to the Agreement as amended by this Amending Protocol remains confidential and is used solely for the purposes of, and by the persons or authorities concerned with, the assessment, or collection or recovery of, the enforcement or prosecution in respect of, or the determination of appeals in relation to taxes, or the oversight of these, as well as for other authorised purposes, and (ii) the infrastructure for an effective exchange relationship (including established processes for ensuring timely, accurate, secure and confidential information exchanges, effective and reliable communications, and capabilities to promptly resolve questions and concerns about exchanges or requests for exchanges and to administer the provisions of Article 4 of the Agreement as amended by this Amending Protocol);
WHEREAS Reporting Financial Institutions, sending Competent Authorities and receiving Competent Authorities, as data controllers, should retain information processed in accordance with the Agreement as amended by this Amending Protocol for no longer than necessary to achieve the purposes thereof. Given the differences in Member States' and Liechtenstein's legislation, the maximum retention period should be set by reference to the statute of limitations provided by each data controller's domestic tax legislation.
WHEREAS the categories of Reporting Financial Institutions and Reportable Accounts covered by the Agreement as amended by this Amending Protocol are designed to limit the opportunities for taxpayers to avoid being reported by shifting assets to Financial Institutions or investing in financial products that are outside the scope of the Agreement as amended by this Amending Protocol. However, certain Financial Institutions and accounts that present a low risk of being used to evade tax should be excluded from the scope. Thresholds should not be generally included as they could easily be circumvented by splitting accounts into different Financial Institutions. The financial information which is required to be reported and exchanged should concern not only all relevant income (interests, dividends and similar types of income) but also account balances and sale proceeds from Financial Assets, in order to address situations where a taxpayer seeks to hide capital that in itself represents income or assets with regard to which tax has been evaded. Therefore, the processing of information under the Agreement as amended by this Amending Protocol is necessary for and proportionate to the purpose of enabling Member States' and Liechtenstein's tax administrations to correctly and unequivocally identify the taxpayers concerned, to administer and enforce their tax laws in cross-border situations, to assess the likelihood of tax evasion being perpetrated and to avoid unnecessary further investigations,
HAVE AGREED AS FOLLOWS:
Article 1
The Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (hereinafter referred to as the ‘Agreement’) shall be amended as follows:
(1) |
The title shall be replaced by: ‘Agreement between the European Union and the Principality of Liechtenstein on the automatic exchange of financial account information to improve international tax compliance’ |
(2) |
Articles 1 to 21 shall be replaced by: ‘Article 1 Definitions 1. For the purposes of this Agreement,
2. Any capitalised term not otherwise defined in this Agreement will have the meaning that it has at that time, (i) for Member States, under Council Directive 2011/16/EU on administrative cooperation in the field of taxation (4) or, where applicable, the domestic law of the Member State applying the Agreement, and (ii) for Liechtenstein, under its domestic law, such meaning being consistent with the meaning set forth in Annexes I and II. Any term not otherwise defined in this Agreement or in Annexes I or II will, unless the context otherwise requires or the Competent Authority of a Member State and the Competent Authority of Liechtenstein agree to a common meaning as provided for in Article 7 (as permitted by domestic law), have the meaning that it has at that time under the law of the jurisdiction concerned applying this Agreement, (i) for Member States, under Council Directive 2011/16/EU on administrative cooperation in the field of taxation or, where applicable, the domestic law of the Member State concerned, and (ii) for Liechtenstein, under its domestic law, any meaning under the applicable tax laws of the jurisdiction concerned (being a Member State or Liechtenstein) prevailing over a meaning given to the term under other laws of that jurisdiction. Article 2 Automatic Exchange of Information with Respect to Reportable Accounts 1. Pursuant to the provisions of this Article and subject to the applicable reporting and due diligence rules consistent with Annexes I and II, which shall form an integral part of this Agreement, the Competent Authority of Liechtenstein will annually exchange with each of the Member States' Competent Authorities and each of the Member States' Competent Authorities will annually exchange with the Competent Authority of Liechtenstein on an automatic basis the information obtained pursuant to such rules and specified in paragraph 2. 2. The information to be exchanged is, in the case of a Member State with respect to each Liechtenstein Reportable Account, and in the case of Liechtenstein with respect to each Member State Reportable Account:
Article 3 Time and Manner of Automatic Exchange of Information 1. For the purposes of the exchange of information in Article 2, the amount and characterisation of payments made with respect to a Reportable Account may be determined in accordance with the principles of the tax laws of the jurisdiction (being a Member State or Liechtenstein) exchanging the information. 2. For the purposes of the exchange of information in Article 2, the information exchanged shall identify the currency in which each relevant amount is denominated. 3. With respect to paragraph 2 of Article 2, information is to be exchanged between Liechtenstein on one side and all Member States, except Austria, on the other, with respect to the first year as from the entry into force of the Amending Protocol signed on 28 October 2015 and all subsequent years and will be exchanged within nine months after the end of the calendar year to which the information relates. Information is to be exchanged between Liechtenstein on one side and Austria, on the other, with respect to the second year as from he entry into force of the Amending Protocol signed on 28 October 2015 and all subsequent years and will be exchanged within nine months after the end of the calendar year to which the information relates. Notwithstanding the first subparagraph, Liechtenstein Financial Institutions shall apply the reporting and due diligence rules consistent with Annexes I and II with regard to Reportable Persons from all Member States, including Austria, according to the timelines foreseen therein. 4. The Competent Authorities will automatically exchange the information described in Article 2 in a common reporting standard schema in Extensible Markup Language. 5. The Competent Authorities will agree on one or more methods for data transmission including encryption standards. Article 4 Cooperation on Compliance and Enforcement The Competent Authority of a Member State will notify the Competent Authority of Liechtenstein and the Competent Authority of Liechtenstein will notify the Competent Authority of a Member State when the first-mentioned (notifying) Competent Authority has reason to believe that an error may have led to incorrect or incomplete information reporting under Article 2 or there is non-compliance by a Reporting Financial Institution with the applicable reporting requirements and due diligence procedures consistent with Annexes I and II. The notified Competent Authority will take all appropriate measures available under its domestic law to address the errors or non-compliance described in the notice. Article 5 Exchange of Information upon Request 1. Notwithstanding the provisions of Article 2 and of any other agreement providing for information exchange upon request between Liechtenstein and any Member State, the Competent Authority of Liechtenstein and the Competent Authority of any Member State shall exchange upon request such information as is foreseeably relevant for carrying out this Agreement or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of Liechtenstein and the Member States, or of their political subdivisions or local authorities, in so far as the taxation under such domestic laws is not contrary to an applicable double taxation agreement between Liechtenstein and the Member State concerned. 2. In no case shall the provisions of paragraph 1 of this Article and of Article 6 be construed so as to impose on Liechtenstein or on a Member State the obligation:
3. If information is requested by a Member State or by Liechtenstein acting as the requesting jurisdiction in accordance with this Article, Liechtenstein or the Member State acting as the requested jurisdiction shall use its information gathering measures to obtain the requested information, even though that requested jurisdiction may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 2 but in no case shall such limitations be construed to permit the requested jurisdiction to decline to supply information solely because it has no domestic interest in such information. 4. In no case shall the provisions of paragraph 2 be construed to permit Liechtenstein or a Member State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person. 5. The Competent Authorities will agree on the standard forms to be used as well as on one or more methods for data transmission including encryption standards Article 6 Confidentiality and Data Safeguards 1. In addition to the confidentiality rules and other safeguards outlined in this Article, all exchange of information pursuant to this Agreement shall be subject to the laws and regulations of Member States and the laws and regulations by which Liechtenstein is implementing Directive 95/46/EC. Member States and Liechtenstein shall, for the purpose of the correct application of Article 5, restrict the scope of the obligations and rights provided for in Article 10, Article 11(1), Articles 12 and 21 of Directive 95/46/EC to the extent required in order to safeguard the interests referred to in Article 13(1)(e) of that Directive. Notwithstanding the second subparagraph, each Member State and Liechtenstein shall ensure that each Reporting Financial Institution under their jurisdiction informs each individual Reportable Person concerned that the information relating to him referred to in Article 2 will be collected and transferred in accordance with this Agreement and shall ensure that the Reporting Financial Institution provides to that individual all information that he is entitled to under its domestic laws and regulations implementing Directive 95/46/EC. The information under Directive 95/46/EC shall be provided in sufficient time for the individual to exercise his data protection rights and, in any case, before the Reporting Financial Institution concerned reports the information referred to in Article 2 to the competent authority of its jurisdiction of residence (being a Member State or Liechtenstein). Member States and Liechtenstein shall ensure that each individual Reportable Person is notified of a breach of security with regard to his data when that breach is likely to adversely affect the protection of his personal data or privacy. 2. Information processed in accordance with this Agreement shall be retained for no longer than necessary to achieve the purposes of this Agreement, and in any case in accordance with each data controller's domestic rules on statute of limitations. Reporting Financial Institutions and the competent authorities of each Member State and Liechtenstein shall be considered to be data controllers under this Agreement for the purposes of Directive 95/46/EC. 3. Any information obtained by a jurisdiction (being a Member State or Liechtenstein) under this Agreement shall be treated as confidential and protected in the same manner as information obtained under the domestic law of that jurisdiction and, to the extent needed to ensure the necessary level of protection of personal data, in accordance with the safeguards which may be specified by the jurisdiction supplying the information as required under its domestic laws and regulations implementing Directive 95/46/EC. 4. Such information shall in any case be disclosed only to persons or authorities (including courts and administrative or supervisory bodies) concerned with the assessment, collection or recovery of, the enforcement or prosecution in respect of, or the determination of appeals in relation to taxes of that jurisdiction (being a Member State or Liechtenstein), or the oversight of the above. Only the persons or authorities mentioned above may use the information and then only for the purposes spelled out in the preceding sentence. They may, notwithstanding other provisions of this Article, disclose it in public court proceedings or in judicial decisions relating to such taxes. 5. Notwithstanding the provisions of the preceding paragraphs, information received by a jurisdiction (being a Member State or Liechtenstein) may be used for other purposes when such information may be used for such other purposes under the laws of the supplying jurisdiction (being, respectively, Liechtenstein or a Member State) and the Competent Authority of that jurisdiction authorises such use. Information provided by a jurisdiction (being a Member State or Liechtenstein) to another jurisdiction (being, respectively, Liechtenstein or a Member State) may be transmitted by the latter to a third jurisdiction (being another Member State), subject to the safeguards of this Article and to prior authorisation by the Competent Authority of the first-mentioned jurisdiction, from which the information originated. Information provided by one Member State to another Member State under its applicable law implementing Council Directive 2011/16/EU on administrative cooperation in the field of taxation may be transmitted to Liechtenstein subject to prior authorisation by the Competent Authority of the Member State from which the information originated. 6. Each Competent Authority of a Member State or Liechtenstein will notify the other Competent Authority, i.e. that of Liechtenstein or of that Member State immediately regarding any breach of confidentiality, failure of safeguards or any other breaches of data protection rules and any sanctions and remedial actions consequently imposed. 7. The processing of personal data under this Agreement shall be subject to the supervision of the national data protection supervisory authorities established in the Member States and in Liechtenstein under their domestic laws and regulations implementing Directive 95/46/EC. Article 7 Consultations and suspension of the Agreement 1. If any issues arise as to the implementation or interpretation of this Agreement, any of the Competent Authorities of Liechtenstein or a Member State may request consultations between the Competent Authority of Liechtenstein and one or more of the Competent Authorities of Member States to develop appropriate measures to ensure that this Agreement is fulfilled. Those Competent Authorities shall immediately notify the European Commission and the Competent Authorities of the other Member States of the results of their consultations. In relation to issues of interpretation, the European Commission may take part in consultations at the request of any of the Competent Authorities. 2. If the consultation relates to significant non-compliance with the provisions of this Agreement, and the procedure described in paragraph 1 does not provide for an adequate settlement, the Competent Authority of a Member State or Liechtenstein may suspend the exchange of information under this Agreement towards, respectively, Liechtenstein or a specific Member State, by giving notice in writing to the other Competent Authority concerned. Such suspension will have immediate effect. For the purposes of this paragraph, significant non-compliance includes, but is not limited to, non-compliance with the confidentiality and data safeguard provisions of this Agreement or Directive 95/46/EC, a failure by the Competent Authority of a Member State or Liechtenstein to provide timely or adequate information as required under this Agreement or defining the status of Entities or accounts as Non-Reporting Financial Institutions and Excluded Accounts in a manner that frustrates the purposes of this Agreement. Article 8 Amendments 1. The Contracting Parties shall consult each other on each occasion when an important change is adopted at OECD level to any of the elements of the Global Standard or — if deemed necessary by the Contracting Parties — in order to improve the technical functioning of this Agreement or to assess and reflect other international developments. The consultations shall be held within one month of a request by either Contracting Party, or as soon as possible in urgent cases. 2. On the basis of such a contact, the Contracting Parties may consult each other in order to examine whether changes to this Agreement are necessary. 3. For the purposes of the consultations referred to in paragraphs 1 and 2, each Contracting Party shall inform the other Contracting Party of possible developments which could affect the proper functioning of this Agreement. This shall also include any relevant agreement between one of the Contracting Parties and a third State. 4. Following the consultations, this Agreement may be amended by means of a protocol or a new agreement between the Contracting Parties. 5. Where a Contracting Party has implemented a change, adopted by the OECD, to the Global Standard, and wishes to make a corresponding change to Annexes I and/or II to this Agreement, it shall notify the other Contracting Party thereof. A consultation procedure between the Contracting Parties shall take place within one month from the notification. Notwithstanding paragraph 4, where the Contracting Parties reach a consensus within this consultation procedure on the change that should be made to Annexes I and/or II to this Agreement, and for the period of time necessary for implementation of the change by a formal amendment of this Agreement, the Contracting Party that requested the change may provisionally apply the revised version of Annexes I and/or II to this Agreement, as endorsed by the consultation procedure, as of the first day of January of the year following the conclusion of the aforementioned procedure. A Contracting Party is considered as having implemented a change, adopted by the OECD, to the Global Standard:
Article 9 Termination Either Contracting Party may terminate this Agreement by giving notice of termination in writing to the other Contracting Party. Such termination will become effective on the first day of the month following the expiration of a period of 12 months after the date of the notice of termination. In the event of termination, all information previously received under this Agreement will remain confidential and subject to the laws and regulations of Member States and Liechtenstein implementing Directive 95/46/EC. Article 10 Territorial Scope This Agreement shall apply, on the one hand, to the territories of the Member States in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of Liechtenstein.’. |
(3) |
the Annexes shall be replaced by: ‘ANNEX I COMMON STANDARD ON REPORTING AND DUE DILIGENCE FOR FINANCIAL ACCOUNT INFORMATION (“COMMON REPORTING STANDARD”) SECTION I GENERAL REPORTING REQUIREMENTS
SECTION II GENERAL DUE DILIGENCE REQUIREMENTS
SECTION III DUE DILIGENCE FOR PREEXISTING INDIVIDUAL ACCOUNTS
SECTION IV DUE DILIGENCE FOR NEW INDIVIDUAL ACCOUNTS The following procedures apply for purposes of identifying Reportable Accounts among New Individual Accounts.
SECTION V DUE DILIGENCE FOR PREEXISTING ENTITY ACCOUNTS The following procedures apply for purposes of identifying Reportable Accounts among Preexisting Entity Accounts.
SECTION VI DUE DILIGENCE FOR NEW ENTITY ACCOUNTS The following procedures apply for purposes of identifying Reportable Accounts among New Entity Accounts.
SECTION VII SPECIAL DUE DILIGENCE RULES The following additional rules apply in implementing the due diligence procedures described above:
SECTION VIII DEFINED TERMS The following terms have the meanings set forth below: A. Reporting Financial Institution
B. Non-Reporting Financial Institution
C. Financial Account
D. Reportable Account
E. Miscellaneous
SECTION IX EFFECTIVE IMPLEMENTATION Each Member State and Liechtenstein must have rules and administrative procedures in place to ensure effective implementation of, and compliance with, the reporting and due diligence procedures set out above including:
SECTION X IMPLEMENTATION DATES AS REGARDS REPORTING FINANCIAL INSTITUTIONS LOCATED IN AUSTRIA In the case of Reporting Financial Institutions located in Austria, all references to “2016” and “2017” in this Annex should be read as references to “2017” and “2018” respectively. In the case of Preexisting Accounts held by Reporting Financial Institutions located in Austria, all references to “31 December 2015” in this Annex should be read as references to “31 December 2016”. ANNEX II COMPLEMENTARY REPORTING AND DUE DILIGENCE RULES FOR FINANCIAL ACCOUNT INFORMATION 1. Change in circumstances A “change in circumstances” includes any change that results in the addition of information relevant to a person's status or otherwise conflicts with such person's status. In addition, a change in circumstances includes any change or addition of information to the Account Holder's account (including the addition, substitution, or other change of an Account Holder) or any change or addition of information to any account associated with such account (applying the account aggregation rules described in subparagraphs C(1) to (3) of Section VII of Annex I) if such change or addition of information affects the status of the Account Holder. If a Reporting Financial Institution has relied on the residence address test described in subparagraph B(1) of Section III of Annex I and there is a change in circumstances that causes the Reporting Financial Institution to know or have reason to know that the original Documentary Evidence (or other equivalent documentation) is incorrect or unreliable, the Reporting Financial Institution must, by the later of the last day of the relevant calendar year or other appropriate reporting period, or 90 calendar days following the notice or discovery of such change in circumstances, obtain a self-certification and new Documentary Evidence to establish the residence(s) for tax purposes of the Account Holder. If the Reporting Financial Institution cannot obtain the self-certification and new Documentary Evidence by such date, the Reporting Financial Institution must apply the electronic record search procedure described in subparagraphs B(2) to (6) of Section III of Annex I. 2. Self-certification for New Entity Accounts With respect to New Entity Accounts, for the purposes of determining whether a Controlling Person of a Passive NFE is a Reportable Person, a Reporting Financial Institution may only rely on a self-certification from either the Account Holder or the Controlling Person. 3. Residence of a Financial Institution A Financial Institution is “resident” in a Member State, Liechtenstein or another Participating Jurisdiction if it is subject to the jurisdiction of such Member State, Liechtenstein or another Participating Jurisdiction (i.e., the Participating Jurisdiction is able to enforce reporting by the Financial Institution). In general, where a Financial Institution is resident for tax purposes in a Member State, Liechtenstein or another Participating Jurisdiction, it is subject to the jurisdiction of such Member State, Liechtenstein or another Participating Jurisdiction and it is, thus, a Member State Financial Institution, Liechtenstein Financial Institution or another Participating Jurisdiction Financial Institution. In the case of a trust that is a Financial Institution (irrespective of whether it is resident for tax purposes in a Member State, Liechtenstein or another Participating Jurisdiction), the trust is considered to be subject to the jurisdiction of a Member State, Liechtenstein or another Participating Jurisdiction if one or more of its trustees are resident in such Member State, Liechtenstein or another Participating Jurisdiction except if the trust reports all the information required to be reported pursuant to this Agreement or another agreement implementing the Global Standard with respect to Reportable Accounts maintained by the trust to another Participating Jurisdiction (being a Member State, Liechtenstein or another Participating Jurisdiction), because it is resident for tax purposes in such other Participating Jurisdiction. However, where a Financial Institution (other than a trust) does not have a residence for tax purposes (e.g., because it is treated as fiscally transparent, or it is located in a jurisdiction that does not have an income tax), it is considered to be subject to the jurisdiction of a Member State, Liechtenstein or another Participating Jurisdiction and it is, thus, a Member State, Liechtenstein or another Participating Jurisdiction Financial Institution if:
Where a Financial Institution (other than a trust) is resident in two or more Participating Jurisdictions (being a Member State, Liechtenstein or another Participating Jurisdiction), such Financial Institution will be subject to the reporting and due diligence obligations of the Participating Jurisdiction in which it maintains the Financial Account(s). 4. Account maintained In general, an account would be considered to be maintained by a Financial Institution as follows:
5. Trusts that are Passive NFEs An Entity such as a partnership, limited liability partnership or similar legal arrangement that has no residence for tax purposes, according to subparagraph D(3) of Section VIII of Annex I, shall be treated as resident in the jurisdiction in which its place of effective management is situated. For these purposes, a legal person or a legal arrangement is considered “similar” to a partnership and a limited liability partnership where it is not treated as a taxable unit in a Reportable Jurisdiction under the tax laws of such Reportable Jurisdiction. However, in order to avoid duplicate reporting (given the wide scope of the term “Controlling Persons” in the case of trusts), a trust that is a Passive NFE may not be considered a similar legal arrangement. 6. Address of Entity's principal office One of the requirements described in subparagraph E(6)(c) of Section VIII of Annex I is that, with respect to an Entity, the official documentation include either the address of the Entity's principal office in the Member State, Liechtenstein or other jurisdiction in which it claims to be a resident or the Member State, Liechtenstein or other jurisdiction in which the Entity was incorporated or organised. The address of the Entity's principal office is generally the place in which its place of effective management is situated. The address of a Financial Institution with which the Entity maintains an account, a post office box, or an address used solely for mailing purposes is not the address of the Entity's principal office unless such address is the only address used by the Entity and appears as the Entity's registered address in the Entity's organisational documents. Further, an address that is provided subject to instructions to hold all mail to that address is not the address of the Entity's principal office. ANNEX III LIST OF COMPETENT AUTHORITIES OF THE CONTRACTING PARTIES The Competent Authorities for the purposes of this Agreement are:
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Article 2
Entry into force and application
1. This Amending Protocol requires ratification or approval by the Contracting Parties in accordance with their own procedures. The Contracting Parties shall notify each other of the completion of these procedures. This Amending Protocol shall enter into force on the first day of January following the last notification.
2. In respect of information exchange upon request, the exchange of information provided for in this Amending Protocol shall be applicable to requests made on or after the date of its entry into force for information that relates to fiscal years beginning on or after the first day of January of the year of the entry into force of this Amending Protocol. Article 10 of the Agreement in the form prior to its amendment by this Amending Protocol shall continue to apply unless Article 5 of the Agreement as amended by this Amending Protocol applies.
3. Notwithstanding paragraphs 1 and 2, the following obligations under the Agreement in the form prior to its amendment by this Amending Protocol shall continue to apply, as follows:
(i) |
the obligations of Liechtenstein and of paying agents established therein under Article 2 of the Agreement in the form prior to its amendment by this Amending Protocol and the obligations of Liechtenstein and the underlying obligations of paying agents established therein under Article 8 of the Agreement in the form prior to its amendment by this Amending Protocol shall continue to apply until 30 June of the year of the entry into force of this Amending Protocol or until those obligations have been fulfilled; |
(ii) |
the obligations of Member States under Article 9 of the Agreement in the form prior to its amendment by this Amending Protocol, with regard to withholding tax levied during the last year of applicability of the Agreement in the form prior to its amendment by this Amending Protocol and previous years, shall continue to apply until those obligations have been fulfilled. |
Article 3
Languages
This Amending Protocol shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.
Съставено в Страсбург на двадесет и осми октомври две хиляди и петнадесета година.
Hecho en Estrasburgo, el veintiocho de octubre de dos mil quince.
Ve Štrasburku dne dvacátého osmého října dva tisíce patnáct.
Udfærdiget i Strasbourg den otteogtyvende oktober to tusind og femten.
Geschehen zu Straβburg am achtundzwanzigsten Oktober zweitausendfünfzehn.
Kahe tuhande viieteistkümnenda aasta oktoobrikuu kahekümne kaheksandal päeval Strasbourgis.
Έγινε στo Στρασβoύργo, στις είκοσι οκτώ Οκτωβρίου δύο χιλιάδες δεκαπέντε.
Done at Strasbourg on the twenty eighth day of October in the year two thousand and fifteen.
Fait à Strasbourg, le vingt huit octobre deux mille quinze.
Sastavljeno u Strasbourgu dvadeset osmog listopada dvije tisuće petnaeste.
Fatto a Strasburgo, addì ventotto ottobre duemilaquindici.
Strasbūrā, divi tūkstoši piecpadsmitā gada divdesmit astotajā oktobrī.
Priimta du tūkstančiai penkioliktų metų spalio dvidešimt aštuntą dieną Strasbūre.
Kelt Strasbourgban, a kéteze-tizenötödik év október havának huszonnyolcadik napján.
Magħmul fi Strasburgu, fit-tmienja u għoxrin jum ta' Ottubru fis-sena elfejn u ħmistax.
Gedaan te Straatsburg, de achtentwintigste oktober tweeduizend vijftien.
Sporządzono w Strasburgu dnia dwudziestego ósmego października roku dwa tysiące piętnastego.
Feito em Estrasburgo, em vinte e oito de outubro de dois mil e quinze.
Întocmit la Strasbourg la douăzeci și opt octombrie două mii cincisprezece.
V Štrasburgu dvadsiateho ôsmeho októbra dvetisíctridsať.
V Strasbourgu, dne osemindvajsetega oktobra leta dva tisoč petnajst.
Tehty Strasbourgissa kahdentenakymmenentenäkahdeksantena päivänä lokakuuta vuonna kaksituhattaviisitoista.
Som skedde i Strasbourg den tjugoåttonde oktober år tjugohundrafemton.
За Европейския съюз
Рог la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Za Europsku uniju
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
За Княжество Лихтенщайн
Por el principado de Liechtenstein
Za Lichtenštejnské knížectví
For Fyrstendømmet Liechtenstein
Für das Fürstentum Liechtenstein
Liechtensteini Vürstiriigi nimel
Για το Πριγκιπάτο του Λιχτενστάιν
For the Principality of Liechtenstein
Pour la Principauté de Liechtenstein
Za Kneževinu Lihtenštajn
Per il Principato del Liechtenstein
Lihtenšteinas Firstistes vārdā –
Lichtenšteino Kunigaikštystės vardu
A Liechtensteini Hercegség részéről
Għall-Prinċipat tal-Liechtenstein
Voor het Vorstendom Liechtenstein
W imieniu Księstwa Lichtensteinu
Pelo Principado do Listenstaine
Pentru Principatul Liechtenstein
Za Lichtenštajnské kniežatstvo
Za Kneževino Lihtenštajn
Liechtensteinin ruhtinaskunnan puolesta
För Furstendömet Liechtenstein
(1) OJ EU L 157, 26.6.2003, p. 38.
(2) OJ EU L 281, 23.11.1995, p. 31.
(3) Liechtensteinisches Landesgesetzblatt 2002 Nr. 55 (Liechtenstein Law Gazette 2002 No 55).
(4) OJ EU L 64, 11.3.2011, p. 1.
JOINT DECLARATIONS OF THE CONTRACTING PARTIES:
JOINT DECLARATION OF THE CONTRACTING PARTIES ON ARTICLE 5 OF THE AGREEMENT
The Contracting Parties agree, regarding the implementation of Article 5 on Exchange of Information upon Request, that the Commentary to Article 26 of the OECD Model Tax Convention on Income and on Capital in the version current at the signature of the Amending Protocol should be a source of interpretation.
Where the OECD adopts new versions of the Commentary to Article 26 of the OECD Model Tax Convention on Income and on Capital in subsequent years, when acting as the requested jurisdiction, any Member State or Liechtenstein may apply those versions as a source of interpretation replacing the previous ones. Member States shall communicate to Liechtenstein and Liechtenstein shall communicate to the European Commission when they apply the previous sentence. The European Commission may coordinate the transmission of the communication from Member States to Liechtenstein and the European Commission shall transmit the communication from Liechtenstein to all Member States. The application shall take effect as of the date of the communication.
JOINT DECLARATION OF THE CONTRACTING PARTIES ON THE ENTRY INTO FORCE AND IMPLEMENTATION OF THE AMENDING PROTOCOL
The Contracting Parties declare that they expect that the constitutional requirements of Liechtenstein and the requirements of European Union law concerning entering into international agreements will be fulfilled in time to enable the Amending Protocol to enter into force on the first day of January 2016. They will take all the measures in their power to achieve that goal.
Before the start of the due diligence rules foreseen in Annexes I and II, Member States shall communicate to Liechtenstein and Liechtenstein shall communicate to the European Commission when they have taken the necessary steps to give effect to the Agreement as amended by the Amending Protocol. The European Commission may coordinate the transmission of the communication from Member States to Liechtenstein and the European Commission shall transmit the communication from Liechtenstein to all Member States.
REGULATIONS
24.12.2015 |
EN |
Official Journal of the European Union |
L 339/36 |
COUNCIL IMPLEMENTING REGULATION (EU) 2015/2454
of 23 December 2015
implementing Article 17(1) and (3) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 224/2014 of 10 March 2014 concerning restrictive measures in view of the situation in the Central African Republic (1), and in particular Article 17(1) and (3) thereof,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 10 March 2014, the Council adopted Regulation (EU) No 224/2014. |
(2) |
On 20 October 2015, the United Nations Security Council Committee, established pursuant to United Nations Security Council Resolution 2127 (2013) (‘the Sanctions Committee’), updated the identifying information concerning one individual on its sanctions list. |
(3) |
On 17 December 2015, the Sanctions Committee added two persons to the list of persons and entities subject to the restrictive measures. |
(4) |
Annex I to Regulation (EU) No 224/2014 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EU) No 224/2014 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2015.
For the Council
The President
J. ASSELBORN
ANNEX
I. |
The following persons are added to the list set out in Annex I to Regulation (EU) No 224/2014: A. Persons 7. Haroun GAYE (alias: a) Haroun Geye; b) Aroun Gaye; c) Aroun Geye Designation: Rapporteur of the political coordination of the Front Populaire pour la Renaissance de Centrafrique (FPRC) Date of birth: a) 30 Jan. 1968 b) 30 Jan. 1969 Passport No: Central African Republic number O00065772 (letter O followed by 3 zeros), expires 30 Dec. 2019) Address: Bangui, Central African Republic Listed on: 17 December 2015 Information from the narrative summary of reasons for listing provided by the Sanctions Committee: Haroun Gaye was listed on 17 December 2015 pursuant to paragraphs 11 and 12 (b) and (f) of resolution 2196 (2015) as ‘engaging in or providing support for acts that undermine the peace, stability or security of the CAR’; ‘involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including acts involving sexual violence, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;’ and ‘involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including MINUSCA, the European Union Missions and French operations which support them.’ Additional information: HAROUN GAYE has been, since early 2014, one of the leaders of an armed group operating in the PK5 neighbourhood in Bangui. Civil Society representatives of the PK5 neighbourhood state that Gaye and his armed group are fuelling the conflict in Bangui, opposing the reconciliation and preventing movements of population to and from the third district of Bangui. On 11 May, 2015, Gaye and 300 demonstrators blocked access to the National Transitional Council to disrupt the final day of the Bangui Forum. GAYE is reported to have collaborated with anti-Balaka officials to coordinate the disruption. On 26 June 2015, Gaye and a small entourage disrupted the opening of a voter registration drive in Bangui's PK5 neighbourhood, causing the registration drive to close. MINUSCA attempted to arrest Gaye on 2 August 2015, in accordance with the provisions of paragraph 32(f) (i) of the Security Council resolution 2217 (2015). Gaye, who was reportedly informed of the arrest attempt in advance, was ready with supporters armed with heavy weaponry. Gaye's forces opened fire on the MINUSCA Joint Task Force. In a seven-hour firefight, Gaye's men employed firearms, rocket-propelled and hand grenades against MINUSCA troops and killed one peacekeeper and injured eight. Gaye was involved in encouraging violent protests and clashes in late September 2015 in what appears to have been a coup attempt to overthrow the Transitional Government. The coup attempt was likely led by former president Bozize's supporters in an alliance of convenience with Gaye and other FPRC leaders. It appears that Gaye aimed to create a cycle of retaliatory attacks that would threaten the upcoming elections. Gaye was in charge of coordination with marginalized elements of the anti-Balaka. On 1 October 2015, a meeting took place in the PK5 neighbourhood between Eugène Barret Ngaïkosset, a member of a marginalized anti-Balaka group and Gaye, with the aim of planning a joint attack on Bangui on Saturday, 3 October. Gaye's group prevented people inside the PK5 neighbourhood from leaving it, in order to reinforce the communal identity of the Muslim population to exacerbate inter-ethnic tensions and avoid reconciliation. On 26 October 2015, Gaye and his group interrupted a meeting between the Archbishop of Bangui and the Imam of the Central Mosque of Bangui, and threatened the delegation which had to retreat from the Central Mosque and flee the PK5 neighbourhood. 8. Eugène BARRET NGAÏKOSSET (alias: a) Eugene Ngaikosset b) Eugene Ngaikoisset c) Eugene Ngakosset, d) Eugene Barret Ngaikosse e) Eugene Ngaikouesset; low quality alias.: f) ‘The Butcher of Paoua’; g) Ngakosset Designation: a) Former Captain, CAR Presidential Guard b) Former Captain, CAR Naval Forces National identification No: Central African Republic armed forces (FACA) Military identification number 911-10-77 Address: a) Bangui, Central African Republic Listed on: 17 December 2015. Other Information: Captain Eugène Barret Ngaïkosset is a former member of former President François Bozizé's (CFi.001) presidential guard and associated with the anti-Balaka movement. He escaped from jail on 17 May 2015 following his extradition from Brazzaville and created his own anti-Balaka faction including former FACA fighters. Information from the narrative summary of reasons for listing provided by the Sanctions Committee: Eugène BARRET NGAÏKOSSET was listed on 17 December 2015 pursuant to paragraphs 11 and 12 (b) and (f) of resolution 2196 (2015) as ‘engaging in or providing support for acts that undermine the peace, stability or security of the CAR;’‘involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including acts involving sexual violence, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;’ and ‘involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including MINUSCA, the European Union Missions and French operations which support them.’ Additional information: Ngaïkosset is one of the main perpetrators of the violence which erupted in Bangui in late September 2015. Ngaïkosset and other anti-Balaka worked together with marginalized members of ex-Séléka in an effort to destabilize the CAR Transitional Government. On the night of 27-28 September 2015, Ngaïkosset and others made an unsuccessful attempt to storm the ‘Izamo’ gendarmerie camp in order to steal weapons and ammunition. On 28 September, the group surrounded the offices of CAR national radio. On 1 October 2015, a meeting took place in the PK5 neighborhood between Ngaïkosset and Haroun Gaye, a leader of the Front Populaire pour la Renaissance de Centrafrique (FPRC), with the aim of planning a joint attack on Bangui on Saturday, 3 October. On 8 October, 2015, the CAR Justice Minister announced plans to investigate Ngaïkosset and other individuals for their roles in the September 2015 violence in Bangui. Ngaikosset and the others were named as being involved in ‘egregious behaviour constituting a breach of the internal security of the state, conspiracy, incitement to civil war, civil disobedience, hatred and complicity.’'CAR legal authorities were instructed to open an investigation to search for and arrest the perpetrators and accomplices. On 11 October 2015, Ngaïkosset is believed to have asked anti-Balaka militia under his command to carry out kidnappings, with a particular focus on French nationals, but also CAR political figures and UN officials, with the aim of forcing the departure of the transitional President, Catherine Samba-Panza. |
II. |
The entry number 6 in the Annex I to Regulation (EU) No 224/2014 is replaced by the following entry: 6. Oumar YOUNOUS ABDOULAY (alias: a) Oumar Younous b) Omar Younous c) Oumar Sodiam d) Oumar Younous M'Betibangui) Designation: Former Séléka General Date of birth: 2 April 1970 Nationality: Sudan, CAR diplomatic passport No D00000898, issued on 11 April 2013, (valid until 10 April 2018) Address: a) Bria, Central African Republic (Tel. +236 75507560) b) Birao, Central African Republic c) Tullus, southern Darfur, Sudan (previous location) Other information: Is a diamond smuggler and a three-star general of the Séléka and close confident of former CAR interim president Michel Djotodia. Physical description: hair colour: black; height: 180cm; belongs to the Fulani ethnic group. Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. Date of UN designation: 20 Aug. 2015 (amended on 20 Oct. 2015) Information from the narrative summary of reasons for listing provided by the Sanctions Committee: Oumar Younous was listed on 20 August 2015 pursuant to paragraphs 11 and 12 (d) of resolution 2196 (2015) as ‘engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or violate transitional agreements, or that threaten or impede the political transition process, including a transition toward free and fair democratic elections, or that fuel violence;’ and ‘providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products, in the CAR’ Additional information: Oumar Younous, as a General of the former Séléka and a diamond smuggler, has provided support to an armed group through the illicit exploitation and trade of natural resources, including diamonds, in the Central African Republic. In October 2008, Oumar Younous, a former driver for the diamond buying house SODIAM, joined the rebel group Mouvement des Libérateurs Centrafricains pour la Justice (MLCJ). In December 2013, Oumar Younous was identified as being a three-star general of the Séléka and close confident of interim president Michel Djotodia. Younous is involved in the diamond trade from Bria and Sam Ouandja to Sudan. Sources have reported that Oumar Younous has been engaged in collecting diamond parcels hidden in Bria, and taking them to Sudan for sale. |
24.12.2015 |
EN |
Official Journal of the European Union |
L 339/40 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2455
of 21 December 2015
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
(4) |
It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months. |
(5) |
The Customs Code Committee has not issued an opinion within the time limit set by its Chair, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2015.
For the Commission,
On behalf of the President,
Heinz ZOUREK
Director-General for Taxation and Customs Union
(2) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).
ANNEX
Description of goods |
Classification (CN Code) |
Reasons |
|
(1) |
(2) |
(3) |
|
A product composed of the meat of different crustaceans and molluscs (in % per weight): |
1605 54 00 |
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 16 and the wording of CN codes 1605 and 1605 54 00. The product consists of ‘seafood’ (meat of different crustaceans and molluscs) a part of which is raw or blanched (heading 0307) while another part is cooked (heading 1605). Such a product is considered a preparation, taking into account that cooking excludes classification in Chapter 3 as the product, even partially, has been prepared by a process not provided for in that Chapter (see also the Harmonised System Explanatory Notes to Chapter 3, General, fifth paragraph). As cuttlefish and squid predominate by weight, the product is classified by application of Note 2 to Chapter 16 under the CN code of Chapter 16 corresponding to the predominant part of the preparation. The product is therefore to be classified under CN code 1605 54 00 as prepared or preserved cuttlefish and squid. |
|
|
25 |
||
|
20 |
||
|
20 |
||
|
20 |
||
|
15 |
||
The product is presented in frozen state (at a temperature of – 20 °C) in bags of 1 kg (net weight 800 grams). |
24.12.2015 |
EN |
Official Journal of the European Union |
L 339/42 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2456
of 23 December 2015
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1) |
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2015.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 157, 15.6.2011, p. 1.
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
||
CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
IL |
236,2 |
MA |
93,3 |
|
TR |
112,1 |
|
ZZ |
147,2 |
|
0707 00 05 |
EG |
174,9 |
MA |
89,9 |
|
TR |
145,5 |
|
ZZ |
136,8 |
|
0709 93 10 |
MA |
43,2 |
TR |
138,3 |
|
ZZ |
90,8 |
|
0805 10 20 |
EG |
69,4 |
MA |
65,5 |
|
TR |
78,1 |
|
ZA |
53,1 |
|
ZZ |
66,5 |
|
0805 20 10 |
MA |
73,7 |
ZZ |
73,7 |
|
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 |
IL |
110,4 |
TR |
88,6 |
|
UY |
95,4 |
|
ZZ |
98,1 |
|
0805 50 10 |
MA |
94,5 |
TR |
95,2 |
|
ZZ |
94,9 |
|
0808 10 80 |
CA |
153,6 |
CL |
85,8 |
|
US |
83,0 |
|
ZA |
83,2 |
|
ZZ |
101,4 |
|
0808 30 90 |
CN |
64,5 |
TR |
122,8 |
|
ZZ |
93,7 |
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.
DECISIONS
24.12.2015 |
EN |
Official Journal of the European Union |
L 339/44 |
DECISION (EU) 2015/2457 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 December 2015
on the mobilisation of the European Globalisation Adjustment Fund (application from Finland — EGF/2015/005 FI/Computer Programming)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. |
(2) |
The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3). |
(3) |
On 12 June 2015, Finland submitted an application EGF/2015/005 FI/Computer programming for a financial contribution from the EGF, following redundancies in the economic sector classified under the NACE Revision 2 Division 62 (Computer programming, consultancy and related activities) in the NUTS level 2 regions of Länsi-Suomi (FI19), Helsinki-Uusimaa (FI1B), Etelä-Suomi (FI1C) and Pohjois- ja Itä-Suomi (FI1D) in Finland. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013. |
(4) |
The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 2 623 200 in respect of the application submitted by Finland. |
(5) |
In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption, |
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 2 623 200 in commitment and payment appropriations.
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 16 December 2015.
Done at Strasbourg, 16 December 2015.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
N. SCHMIT
(1) OJ L 347, 20.12.2013, p. 855.
(2) OJ C 373, 20.12.2013, p. 1.
(3) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
24.12.2015 |
EN |
Official Journal of the European Union |
L 339/46 |
DECISION (EU) 2015/2458 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 December 2015
on the mobilisation of the European Globalisation Adjustment Fund (application from Ireland — EGF/2015/006 IE/PWA International)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. |
(2) |
The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3). |
(3) |
On 19 June 2015, Ireland submitted an application EGF/2015/006 IE/PWA International for a financial contribution from the EGF, following redundancies in PWA International Ltd and one supplier in Ireland. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF in accordance with Article 13 of that Regulation. |
(4) |
In accordance with Article 6(2) of Regulation (EU) No 1309/2013, Ireland has decided to provide personalised services co-financed by the EGF also to 108 young persons not in employment, education or training (NEETs). |
(5) |
In accordance with Article 4(2) of Regulation (EU) No 1309/2013, the application from Ireland is considered admissible since the redundancies have a serious impact on employment and the local, regional or national economy. |
(6) |
The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 442 293 in respect of the application submitted by Ireland. |
(7) |
In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption, |
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 442 293 in commitment and payment appropriations.
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 16 December 2015.
Done at Strasbourg, 16 December 2015.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
N. SCHMIT
(1) OJ L 347, 20.12.2013, p. 855.
(2) OJ C 373, 20.12.2013, p. 1.
(3) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
24.12.2015 |
EN |
Official Journal of the European Union |
L 339/48 |
COUNCIL IMPLEMENTING DECISION (CFSP) 2015/2459
of 23 December 2015
implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,
Having regard to Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic (1), and in particular Article 2c thereof,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 23 December 2013, the Council adopted Decision 2013/798/CFSP. |
(2) |
On 20 October 2015, the Sanctions Committee, established pursuant to United Nations Security Council Resolution 2127 (2013) (‘the Sanctions Committee’), updated the identifying information concerning one individual on its sanctions list. |
(3) |
On 17 December 2015, the Sanctions Committee added two persons to the list of persons and entities subject to the restrictive measures. |
(4) |
The Annex to Decision 2013/798/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2013/798/CFSP is hereby amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 23 December 2015.
For the Council
The President
J. ASSELBORN
(1) OJ L 352, 24.12.2013, p. 51.
ANNEX
Persons referred to in Article 1
I. |
The following persons are added to the list set out in the Annex to Decision 2013/798/CFSP: 7. Haroun GAYE (alias: (a) Haroun Geye; (b) Aroun Gaye; (c) Aroun Geye). Designation: Rapporteur of the political coordination of the Front Populaire pour la Renaissance de Centrafrique (FPRC). Date of birth: (a) 30 January 1968; (b) 30 January 1969. Passport No: Central African Republic number O00065772 (letter O followed by 3 zeros), expires 30 December 2019. Address: Bangui, Central African Republic. Listed on: 17 December 2015. Information from the narrative summary of reasons for listing provided by the Sanctions Committee: Haroun Gaye was listed on 17 December 2015 pursuant to paragraphs 11 and 12(b) and (f) of Resolution 2196 (2015) as ‘engaging in or providing support for acts that undermine the peace, stability or security of the CAR’; ‘involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including acts involving sexual violence, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;’ and ‘involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including Minusca, the European Union missions and French operations which support them.’ Additional information: Haroun Gaye has been, since early 2014, one of the leaders of an armed group operating in the PK5 neighbourhood in Bangui. Civil Society representatives of the PK5 neighbourhood state that Gaye and his armed group are fuelling the conflict in Bangui, opposing the reconciliation and preventing movements of population to and from the third district of Bangui. On 11 May 2015, Gaye and 300 demonstrators blocked access to the National Transitional Council to disrupt the final day of the Bangui Forum. Gaye is reported to have collaborated with anti-Balaka officials to coordinate the disruption. On 26 June 2015, Gaye and a small entourage disrupted the opening of a voter registration drive in Bangui's PK5 neighbourhood, causing the registration drive to close. Minusca attempted to arrest Gaye on 2 August 2015, in accordance with the provisions of paragraph 32(f)(i) of the Security Council Resolution 2217 (2015). Gaye, who was reportedly informed of the arrest attempt in advance, was ready with supporters armed with heavy weaponry. Gaye's forces opened fire on the Minusca Joint Task Force. In a seven-hour firefight, Gaye's men employed firearms, and rocket-propelled and hand grenades against Minusca troops and killed one peacekeeper and injured eight. Gaye was involved in encouraging violent protests and clashes in late September 2015 in what appears to have been a coup attempt to overthrow the Transitional Government. The coup attempt was likely led by former president Bozize's supporters in an alliance of convenience with Gaye and other FPRC leaders. It appears that Gaye aimed to create a cycle of retaliatory attacks that would threaten the upcoming elections. Gaye was in charge of coordination with marginalised elements of the anti-Balaka. On 1 October 2015, a meeting took place in the PK5 neighbourhood between Eugène Barret Ngaïkosset, a member of a marginalised anti-Balaka group and Gaye, with the aim of planning a joint attack on Bangui on Saturday 3 October. Gaye's group prevented people inside the PK5 neighbourhood from leaving it, in order to reinforce the communal identity of the Muslim population to exacerbate inter-ethnic tensions and avoid reconciliation. On 26 October 2015, Gaye and his group interrupted a meeting between the Archbishop of Bangui and the Imam of the Central Mosque of Bangui, and threatened the delegation which had to retreat from the Central Mosque and flee the PK5 neighbourhood. 8. Eugène BARRET NGAÏKOSSET (alias: (a) Eugene Ngaikosset; (b) Eugene Ngaikoisset; (c) Eugene Ngakosset; (d) Eugene Barret Ngaikosse; (e) Eugene Ngaikouesset; low-quality alias.: (f) ‘The Butcher of Paoua’; (g) Ngakosset) Designation: (a) Former Captain, CAR Presidential Guard; (b) Former Captain, CAR Naval Forces. National identification No: Central African Republic armed forces (FACA) military identification number 911-10-77. Address: (a) Bangui, Central African Republic. Listed on: 17 December 2015. Other information: Captain Eugène Barret Ngaïkosset is a former member of former President François Bozizé's (CFi.001) presidential guard and associated with the anti-Balaka movement. He escaped from jail on 17 May 2015 following his extradition from Brazzaville and created his own anti-Balaka faction including former FACA fighters. Information from the narrative summary of reasons for listing provided by the Sanctions Committee: Eugène Barret Ngaïkosset was listed on 17 December 2015 pursuant to paragraphs 11 and 12(b) and (f) of Resolution 2196 (2015) as ‘engaging in or providing support for acts that undermine the peace, stability or security of the CAR;’‘involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including acts involving sexual violence, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;’ and ‘involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including Minusca, the European Union missions and French operations which support them.’ Additional information: Ngaïkosset is one of the main perpetrators of the violence which erupted in Bangui in late September 2015. Ngaïkosset and other anti-Balaka worked together with marginalised members of ex-Séléka in an effort to destabilise the CAR Transitional Government. On the night of 27-28 September 2015, Ngaïkosset and others made an unsuccessful attempt to storm the ‘Izamo’ gendarmerie camp in order to steal weapons and ammunition. On 28 September, the group surrounded the offices of CAR national radio. On 1 October 2015, a meeting took place in the PK5 neighbourhood between Ngaïkosset and Haroun Gaye, a leader of the Front Populaire pour la Renaissance de Centrafrique (FPRC), with the aim of planning a joint attack on Bangui on Saturday 3 October. On 8 October, 2015, the CAR Justice Minister announced plans to investigate Ngaïkosset and other individuals for their roles in the September 2015 violence in Bangui. Ngaikosset and the others were named as being involved in ‘egregious behaviour constituting a breach of the internal security of the state, conspiracy, incitement to civil war, civil disobedience, hatred and complicity.’ CAR legal authorities were instructed to open an investigation to search for and arrest the perpetrators and accomplices. On 11 October 2015, Ngaïkosset is believed to have asked anti-Balaka militia under his command to carry out kidnappings, with a particular focus on French nationals, but also CAR political figures and UN officials, with the aim of forcing the departure of the transitional President, Catherine Samba-Panza. |
II. |
The entry number 6 in the Annex to Decision 2013/798/CFSP is replaced by the following entry: 6. Oumar YOUNOUS ABDOULAY (alias: (a) Oumar Younous; (b) Omar Younous; (c) Oumar Sodiam; (d) Oumar Younous M'Betibangui). Designation: Former Séléka general. Date of birth: 2 April 1970. Nationality: Sudan, CAR diplomatic passport No D00000898, issued on 11 April 2013 (valid until 10 April 2018). Address: (a) Bria, Central African Republic (Tel. +236 75507560); (b) Birao, Central African Republic; (c) Tullus, southern Darfur, Sudan (previous location). Other information: is a diamond smuggler and a three-star general of the Séléka and close confident of former CAR interim president Michel Djotodia. Physical description: hair colour: black; height: 180 cm; belongs to the Fulani ethnic group. Photo available for inclusion in the Interpol-UN Security Council Special Notice. Date of UN designation: 20 August 2015 (amended on 20 October 2015). Information from the narrative summary of reasons for listing provided by the Sanctions Committee: Oumar Younous was listed on 20 August 2015 pursuant to paragraphs 11 and 12(d) of Resolution 2196 (2015) as ‘engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or violate transitional agreements, or that threaten or impede the political transition process, including a transition toward free and fair democratic elections, or that fuel violence;’ and ‘providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, and wildlife as well as wildlife products, in the CAR’. Additional information: Oumar Younous, as a general of the former Séléka and a diamond smuggler, has provided support to an armed group through the illicit exploitation and trade of natural resources, including diamonds, in the Central African Republic. In October 2008, Oumar Younous, a former driver for the diamond buying house Sodiam, joined the rebel group Mouvement des Libérateurs Centrafricains pour la Justice (MLCJ). In December 2013, Oumar Younous was identified as being a three-star general of the Séléka and close confidant of interim president Michel Djotodia. Younous is involved in the diamond trade from Bria and Sam Ouandja to Sudan. Sources have reported that Oumar Younous has been engaged in collecting diamond parcels hidden in Bria, and taking them to Sudan for sale. |
24.12.2015 |
EN |
Official Journal of the European Union |
L 339/52 |
COMMISSION IMPLEMENTING DECISION (EU) 2015/2460
of 23 December 2015
concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5 in France
(notified under document C(2015) 9818)
(Only the French text is authentic)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,
Whereas:
(1) |
Avian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry cause two main forms of that disease that are distinguished by their virulence. The low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most poultry species. That disease may have a severe impact on the profitability of poultry farming. |
(2) |
Avian influenza is mainly found in birds, but under certain circumstances infections can also occur in humans even though the risk is generally very low. |
(3) |
In the event of an outbreak of avian influenza, there is a risk that the disease agent might spread to other holdings where poultry or other captive birds are kept. As a result it may spread from one Member State to other Member States or to third countries through trade in live birds or their products. |
(4) |
Council Directive 2005/94/EC (3) sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds. Article 16 of that Directive provides for the establishment of protection, surveillance and further restricted zones in the event of an outbreak of highly pathogenic avian influenza. In addition, Article 30 of Directive 2005/94/EC provides for certain measures to be applied in the surveillance zones in order to prevent the spread of the disease, including certain restrictions on the movements of poultry, ready-to-lay-poultry, day-old chicks and hatching eggs. |
(5) |
Council Directive 2009/158/EC (4) lays down rules for trade within the Union in poultry and hatching eggs, including the veterinary certificates to be used. |
(6) |
France notified the Commission of outbreaks of highly pathogenic avian influenza of subtype H5 in holdings on its territory where poultry are kept and it immediately took the measures required pursuant to Directive 2005/94/EC, including the establishment of protection and surveillance zones in accordance with Article 16 of that Directive. |
(7) |
Laboratory investigations have shown that the HPAI viruses of the H5N1, H5N2 and H5N9 subtypes detected in France are clearly different from the HPAI H5N1 virus that appeared in the mid-1990s in Asia and which was first detected in Europe in 2005. The HPAI viruses of H5 subtype currently detected in the south-west of France are of European origin. |
(8) |
Commission Implementing Decision (EU) 2015/2239 (5) was adopted in order to list, at Union level, the protection and surveillance zones established by France in accordance with Article 16 of Directive 2005/94/EC. |
(9) |
Due to the current epidemiological situation and the risk of further spread of the disease, France has also established a large further restricted zone around the protection and surveillance zones comprising several departments or parts thereof in the south-west of that Member State. |
(10) |
In order to limit the spread of the disease, France should ensure that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from the protection, surveillance and further restricted zone to other parts of France, other Member States or to third countries. |
(11) |
Day-old chicks present a negligible risk for the spread of highly pathogenic avian influenza viruses provided that they have hatched from hatching eggs originating from poultry on holdings located in the further restricted zone and outside the protection and surveillance zones and when the hatchery of dispatch can ensure by its logistics and by its biosecurity working conditions that no contact has occurred between these hatching eggs and any other hatching eggs or day-old chicks originating from poultry flocks within the protection or surveillance zones and which are therefore of a different health status. |
(12) |
Hatching eggs pose a very low risk for disease transmission provided they are collected from flocks that are kept in the further restricted zone and which have undergone serological testing with negative results. Another condition is that such hatching eggs and their packaging have to be disinfected before dispatch from the further restricted zone. |
(13) |
Without prejudice to the measures applicable in the protection and surveillance zone, it is therefore appropriate that the competent authority of France may authorise the dispatch of consignments of day-old chicks and hatching eggs from the further restricted zone listed in the Annex to this Decision in accordance with the above requirements and provided that prior agreement of the competent authority of the Member State or third country of destination has been obtained. |
(14) |
The wide extension of the further restricted zone as established by France in accordance with Article 16(4) of Directive 2005/94/EC would impose a prohibition of movements on a large proportion of the susceptible poultry population. |
(15) |
It is also appropriate to mitigate the risk of poultry becoming exposed to avian influenza viruses circulating in the established surveillance zones by swiftly reducing the density of the susceptible poultry population in these zones that are comprised in the further restricted zone, in particular by timely slaughter and delayed restocking of holdings in that zone. |
(16) |
Given the large and unexpected scale of the outbreaks and the correspondingly wide area of the surveillance zones established around each outbreak, it is necessary to quickly reduce the density of the susceptible poultry on holdings at a particular high risk for infection. A systematic clinical examination of the poultry prior to dispatch would considerably slow down that depopulation process and increase the risk of virus spread. |
(17) |
Therefore, it is appropriate to provide that no systematic clinical investigations of poultry on holdings located in the surveillance zones shall be carried out 24 hours prior to dispatch for direct slaughter within the surveillance zone or the further restricted zone, provided that only direct movements of poultry originating from holdings in the surveillance zones are authorised to a designated slaughterhouse located within the surveillance and further restricted zone; and these movements are carried out under stringent biosecurity measures, including a strict separation from poultry originating from the protection zone, and that cleaning and disinfection is carried out accordingly, and that restocking will be significantly delayed. |
(18) |
The Commission has examined the measures to control the disease and the extent of the zones put under restrictions in collaboration with France, and it deems that they are suitable to achieve the set objectives. |
(19) |
The Commission is also satisfied that the borders of the protection and surveillance and further restricted zone, established by the competent authority of France in accordance with Article 16 of Directive 2005/94/EC, are at a sufficient distance to the actual holdings where outbreaks were confirmed. |
(20) |
In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly define the further restricted zone established in France at Union level and to provide that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from the protection and surveillance zones and the further restricted zone to other parts of France, to other Member States or to third countries, except under certain authorised derogations. |
(21) |
In view of the scale of the current developments of the disease outbreaks, it is no longer feasible to timely update the list of the areas established as protection and surveillance zones by a Commission Implementing Decision. Therefore, France shall publish these lists on the website of the French authorities which should also be published on the Commission's website for information purposes. |
(22) |
The further restricted zone around the areas of the protection and surveillance zones should be listed in the Annex to this Decision and the duration of that regionalisation fixed. |
(23) |
Given that France is implementing additional measures as laid down in the Implementing Decision (EU) 2015/2239 to prevent the spread of the avian influenza and for reasons of clarity, that Decision should be repealed. |
(24) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS DECISION:
Article 1
1. France shall establish the protection and surveillance zones in accordance with Article 16(1) of Directive 2005/94/EC, and
(a) |
France shall publish lists of the protection and surveillance zones established in accordance with Article 16(1) of Directive 2005/94/EC (‘the lists’). |
(b) |
France shall ensure that the lists are kept up-to-date and provide any update immediately to the Commission, to other Member States and to the public. |
2. The Commission shall publish the lists on its website, for information purposes only.
Article 2
1. Without prejudice to the measures to be applied in the protection and surveillance zones in accordance with Article 1 of this Decision, France shall establish a further restricted zone in accordance with Article 16(4) of Directive 2005/94/EC which includes at least the areas listed as further restricted zone in the Annex to this Decision.
2. France shall ensure that no consignments of live poultry, ready-to-lay poultry, day-old chicks and hatching eggs are dispatched from the areas listed in the Annex.
3. By way of derogation from paragraph 2, the competent authority of France may authorise the dispatch of consignments of day-old chicks from the areas listed in the Annex outside the established protection and surveillance zones to holdings located within that Member State or to other Member States or to third countries provided that:
(a) |
they are hatched from hatching eggs originating from poultry holdings located outside the protection and surveillance zones; |
(b) |
the hatchery of dispatch can ensure by its logistics and biosecurity working conditions that no contact has occurred between these hatching eggs and any other hatching eggs or day-old-chicks originating from poultry flocks within established protection and surveillance zones and which are therefore of a different health status; |
(c) |
the competent authority of the Member State or third country of destination is given written notification in advance and has agreed to receive the consignments of the day-old chicks and to notify the date of arrival of the consignments at the holding of destination on its territory to the competent authority of France. |
4. By way of derogation from paragraph 2, the competent authority of France may authorise the dispatch of consignments of hatching eggs from the areas listed in the Annex outside the established protection and surveillance zones to hatcheries located within that Member State, other Member States or third countries provided that they are collected from holdings situated on the day of collection in the further restricted zone listed in the Annex, and on which the poultry have tested negative in a serological survey for avian influenza capable of detecting 5 % prevalence of disease with at least a 95 % level of confidence and traceability is ensured.
5. France shall ensure that the veterinary certificates provided for in Annex IV to Directive 2009/158/EC accompanying the consignments referred to in paragraph 2 of this Article to be dispatched to other Member States include the words:
‘The consignment complies with the animal health conditions laid down in Commission Implementing Decision (EU) 2015/2460 (6).
Article 3
The competent authority of France shall authorise the dispatch of poultry for direct slaughter from the areas in the surveillance zones listed in accordance with paragraph 1 of Article 1 to a designated slaughterhouse located within the surveillance or the further restricted zone provided that such movement is carried out:
(a) |
without any undue delay as a single trip; |
(b) |
under stringent biosecurity measures including a strict separation from poultry originating from other regions, as well as cleaning and disinfection measures. |
Article 4
Implementing Decision (EU) 2015/2239 is repealed.
Article 5
This Decision shall apply until 31 March 2016.
Article 6
This Decision is addressed to the French Republic.
Done at Brussels, 23 December 2015.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 224, 18.8.1990, p. 29.
(3) Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).
(4) Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 343, 22.12.2009, p. 74).
(5) Commission Implementing Decision (EU) 2015/2239 of 2 December 2015 concerning certain protective measures in relation to highly pathogenic avian influenza of subtypes H5N1 and H5N2 in France (OJ L 317, 3.12.2015, p. 37).
ANNEX
Further restricted zone as referred to in Article 1:
ISO Country Code |
Member State |
Name (Department number) |
|
|
FR |
France |
Areas comprising the departments of: |
||
|
|
DORDOGNE (24) GERS (32) GIRONDE (33) HAUTE-VIENNE (87) HAUTES-PYRÉNÉES (65) LANDES (40) LOT-ET-GARONNE (47) PYRÉNÉES-ATLANTIQUES (64) |
|
|
|
|
Areas comprising parts of the departments of: |
|
|
|
|
CHARENTE (16) the commune of: |
16254 |
PALLUAUD |
|
|
LOT (46) the communes of |
46006 46008 46061 46066 46072 46087 46098 46114 46118 46120 46126 46127 46145 46152 46153 46164 46169 46171 46178 46184 46186 46194 46200 46205 46209 46215 46216 46219 46222 46234 46239 46241 46250 46257 46258 46259 46297 46309 46316 46334 |
ANGLARS-NOZAC LES ARQUES CASSAGNES CAZALS CONCORES DEGAGNAC FAJOLES FRAYSSINET-LE-GELAT GIGNAC GINDOU GOUJOUNAC GOURDON LACHAPELLE-AUZAC LAMOTHE-FENELON LANZAC LAVERCANTIERE LEOBARD LHERM LOUPIAC MARMINIAC MASCLAT MILHAC MONTCLERA MONTGESTY NADAILLAC-DE-ROUGE PAYRAC PAYRIGNAC PEYRILLES POMAREDE RAMPOUX LE ROC ROUFFILHAC SAINT-CAPRAIS SAINT-CIRQ-MADELON SAINT-CIRQ-SOUILLAGUET SAINT-CLAIR SALVIAC SOUILLAC THEDIRAC LE VIGAN |
|
|
CORREZE (19) the communes of: |
19015 19030 19047 19066 19077 19107 19120 19124 19161 19182 19191 19195 19229 19239 19289 |
AYEN BRIGNAC-LA-PLAINE CHARTRIER-FERRIÈRE CUBLAC ESTIVALS LARCHE LOUIGNAC MANSAC PERPEZAC-LE-BLANC SAINT-AULAIRE SAINT-CERNIN-DE-LARCHE SAINT-CYPRIEN SAINT-PANTALÉON-DE-LARCHE SAINT-ROBERT YSSANDON |
INTERINSTITUTIONAL AGREEMENTS
24.12.2015 |
EN |
Official Journal of the European Union |
L 339/58 |
AGREEMENT
between the European Parliament and the Single Resolution Board on the practical modalities of the exercise of democratic accountability and oversight over the exercise of the tasks conferred on the Single Resolution Board within the framework of the Single Resolution Mechanism
THE EUROPEAN PARLIAMENT AND THE SINGLE RESOLUTION BOARD,
— |
having regard to the Treaty on European Union, |
— |
having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 114 thereof, |
— |
having regard to Parliament's Rules of Procedure, |
— |
having regard to Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (1), in particular Article 45(7) and (8) thereof, |
A. |
whereas Regulation (EU) No 806/2014 (the SRM Regulation) establishes the Single Resolution Board (the Board) as a Union agency entrusted with a centralised power of resolution for the participating Member States in the Single Resolution Mechanism (the SRM) that are also participating in the Single Supervisory Mechanism (the SSM), with a view to contributing to the safety and soundness of credit institutions and the stability of the financial system within the European Union and each participating Member State; |
B. |
whereas Article 7 of the SRM Regulation establishes that the Board is the resolution authority responsible for carrying out the tasks conferred on it by that Regulation (the resolution tasks), in particular for drawing up the resolution plans and adopting all decisions relating to resolution; |
C. |
whereas the conferral of resolution tasks implies a significant responsibility for the Board to contribute to financial stability in the Union, using its resolution powers in the most effective and proportionate way; |
D. |
whereas any conferral of resolution powers to the Union level should be balanced by appropriate accountability requirements; whereas under Article 45 of the SRM Regulation the Board is therefore accountable for the implementation of that Regulation to Parliament and the Council as democratically legitimised institutions representing the citizens of the Union and the Member States; |
E. |
whereas Article 45(8) of the SRM Regulation provides that the Board is to cooperate with any investigations by Parliament, subject to the TFEU; |
F. |
whereas Article 45(7) of the SRM Regulation provides that, upon request, the Chair of the Board is to hold confidential oral discussions behind closed doors with the Chair and the Vice-Chairs of Parliament's competent committee where such discussions are required for the exercise of Parliament's powers under the TFEU; whereas that Article requires that the arrangements for the organisation of those discussions ensure full confidentiality in accordance with the confidentiality obligations imposed on the Board by the SRM Regulation and when the Board is acting as a national resolution authority under the relevant Union law; |
G. |
whereas Article 15(1) TFEU provides that the Union's agencies conduct their work as openly as possible; whereas the conditions under which a document of the Board is confidential should, as provided for in Article 91 of the SRM Regulation, be laid down in the decision of the Board applying the security principles contained in the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information; |
H. |
whereas Parliament and the Board should cooperate closely to ensure the implementation of those security rules, including by periodic joint monitoring of security arrangements and standards applied; |
I. |
whereas the disclosure of information related to the resolution of entities is not at the free disposal of the Board but subject to limits and conditions as established by relevant Union law to which both Parliament and the Board are subject; whereas the disclosure of Board information might therefore be restricted by legally foreseen confidentiality limits; |
J. |
whereas this Agreement is without prejudice to Regulation (EC) No 1049/2001 of the European Parliament and of the Council (2), to Regulation (EC) No 45/2001 of the European Parliament and of the Council (3) and to any other applicable primary or secondary Union law provision on the access to documents or the protection of personal data, as well as to the rules on Parliament's right of inquiry adopted in accordance with the third paragraph of Article 226 TFEU; |
K. |
whereas Article 88(1) of the SRM Regulation provides that the members of the Board, the Vice-Chair, the members of the Board referred to in Article 43(1)(b) of that Regulation, the staff of the Board and staff exchanged with or seconded by participating Member States carrying out resolution duties should be subject to the professional secrecy requirements pursuant to Article 339 TFEU and the relevant provisions in Union law; |
L. |
whereas Article 5(2) of the SRM Regulation provides that the Board is to take decisions subject to and in compliance with relevant Union law, and in particular any legislative and non-legislative acts, including those referred to in Articles 290 and 291 TFEU; |
M. |
whereas subject to future amendments or any future relevant legal acts, the provisions of Union law relevant in respect of the treatment of information which has been found to be confidential, in particular Article 84 of Directive 2014/59/EU of the European Parliament and of the Council (4), impose strict obligations of professional secrecy on resolution authorities and their staff; |
N. |
whereas the breach of professional secrecy requirements in relation to resolution information should lead to adequate sanctions; whereas Parliament should provide for an adequate framework to follow-up on any case of breach of confidentiality by its Members or staff; |
O. |
whereas in accordance with Article 43 of the SRM Regulation, the Board is composed of, inter alia, a member appointed by each participating Member State, representing their national resolution authorities; whereas the latter, in accordance with Article 3(3) of Directive 2014/59/EU, may exceptionally be the competent authorities for supervision for the purposes of Regulation (EU) No 575/2013 of the European Parliament and of the Council (5) and Directive 2013/36/EU of the European Parliament and of the Council (6); whereas adequate structural arrangements should be in place to ensure operational independence and avoid conflicts of interest between the functions of supervision pursuant to Regulation (EU) No 575/2013 and Directive 2013/36/EU or the other functions of the relevant authority and the functions of resolution authorities pursuant to this Directive; whereas such structural arrangements should be reflected in the Board's Code of Conduct applicable to its members; |
P. |
whereas this Agreement is without prejudice to the accountability of national resolution authorities to national parliaments in accordance with national law; |
Q. |
whereas this Agreement does not cover or affect the accountability and reporting obligation of the Board towards the Council, the Commission or national parliaments; |
R. |
whereas Article 45(2) of the SRM Regulation provides that the Board should submit an annual report to, inter alia, Parliament, on the performance of the tasks conferred on the Board by that Regulation; whereas that report should in particular cover Board activities as regards resolution planning, assessments of resolvability, determinations of minimum requirements for own funds and eligible liabilities, resolution actions, and the exercise of other duties and powers under the SRM Regulation; whereas that report should also cover detailed information regarding the Single Resolution Fund (the Fund), in particular the evolution of the available financial means of the Fund and any decisions concerning the period for reaching the target level and the calculation of contributions in accordance with Articles 69 to 71 of the SRM Regulation; borrowing, lending and other financial arrangements in accordance with Articles 72 to 74 of the SRM Regulation; the administration and investment strategy of the Fund, in accordance with Article 75 of the SRM Regulation and the applicable Commission delegated acts; the specific conditions of use of the Fund for an individual resolution scheme in accordance with Articles 76 to 78 of the SRM Regulation; the application of the principles of division into national compartments and of progressive merger during the transitional period provided for in Article 3(1)(37) of the SRM Regulation, in accordance with Article 77 of the SRM Regulation, and the use of deposit guarantee schemes in accordance with Article 79 of the SRM Regulation; |
S. |
whereas in line with the accountability principle enshrined in Article 45 of the SRM Regulation, Parliament should have ex post access to non-confidential information relating to a resolved entity, including a level of balance sheet detail, provided separately for each of the entities impacted by resolution, that is sufficient to show the size and nature of the impact, |
AGREE AS FOLLOWS:
I. ACCOUNTABILITY, ACCESS TO INFORMATION, CONFIDENTIALITY
1. Reports
The Board shall submit to Parliament every year a report (Annual Report) on the execution of the tasks conferred on it by the SRM Regulation. The Chair of the Board shall present the Annual Report to Parliament at a public hearing.
The Annual Report shall, seven working days in advance of the public hearing and of its official publication, be made available on a confidential basis to Parliament in one of the Union official languages. Translations into all Union official languages shall be made available subsequently. The Annual Report shall include a detailed explanation of the following:
i. |
execution of the tasks conferred on the Board by the SRM Regulation; |
ii. |
sharing of tasks with the national resolution authorities; |
iii. |
cooperation with other national or Union relevant authorities, as well as with any public financial assistance facility including the European Financial Stability Facility (EFSF) and the European Stability Mechanism (ESM) as provided for in Article 30(6) of the SRM Regulation; |
iv. |
cooperation with third countries, including recognition and assessment of third-country resolution proceedings; |
v. |
evolution of the Board's structure and staffing, including the number and the national composition of seconded national experts; |
vi. |
implementation of the Code of Conduct referred to in Section IV of this Agreement; |
vii. |
amounts of administrative contributions raised in accordance with Article 65 of the SRM Regulation; |
viii. |
implementation of the budget for resolution tasks; and |
ix. |
application of the SRM Regulation provisions regarding the Fund, in particular as regards contributions, alternative funding means, access to financial facilities, investment strategy, and use of the Fund, provided for in Chapter 2 of Title V of the SRM Regulation. |
The Board shall publish the Annual Report on its website.
2. Ordinary public hearings, ad hoc exchanges of views and special confidential meetings
At the request of Parliament's competent committee, the Chair of the Board shall participate in ordinary public hearings on the execution of the resolution tasks conferred on the Board by the SRM Regulation. Such hearings shall include a discussion on the Fund, in particular as regards contributions, alternative funding means, access to financial facilities, investment strategy and use of the Fund. Parliament's competent committee and the Board shall agree on a calendar for two such hearings to be held during the course of the following year. Requests for changes to the agreed calendar shall be made in writing.
The Chair of the Board may be invited to additional ad hoc exchanges of views with Parliament's competent committee on issues within the Board's responsibility.
The principle of openness of Union institutions, bodies, offices and agencies provided for in Article 15(1) TFEU shall apply to the Board. Discussions in special confidential meetings shall comply with that principle, including by providing an explanation of relevant circumstances. Discussions in special confidential meetings involve the exchange of confidential information regarding the execution of resolution tasks within the limits set by Union law, and in particular by the SRM Regulation.
Where necessary for the exercise of Parliament's powers under the TFEU and Union law, the Chair of Parliament's competent committee may request, in writing and giving reasons, special confidential meetings with the Chair of the Board. Such meetings shall be held on a mutually agreed date.
Only the Chair of the Board and the Chair and the Vice-Chairs of Parliament's competent committee may attend the special confidential meetings. Both the Chair of the Board and the Chair and the Vice-Chairs of Parliament's competent committee may be accompanied by two members of the Board's staff and of Parliament's Secretariat respectively. In addition, and subject to a mutual agreement of the two parties, Commission representatives who have been involved in a resolution decision to be discussed in a special confidential meeting may attend that meeting.
All participants in the special confidential meetings shall be subject to confidentiality requirements equivalent to those applying to the members of the Board and to its staff.
No minutes shall be taken, nor any other recording made, of the special confidential meetings. No statement shall be made for the press or any other media. Each participant in the special confidential meetings shall sign each time a solemn declaration not to divulge the content of those discussions to any third party.
Following a reasoned request by the Chair of the Board or the Chair of Parliament's competent committee, and with mutual agreement, the Board Vice-Chair and the four full-time Board Members or senior members of the Board's staff (General Counsel, Heads of Units or their Deputies) may be invited to participate in the ordinary public hearings, the ad hoc exchanges of views and the special confidential meetings.
The ordinary public hearings, ad hoc exchanges of views and the special confidential meetings may cover all aspects of the activity and functioning of the SRM covered by the SRM Regulation.
Persons employed by Parliament or by the Board may not disclose to any unauthorised person or to the public information relating to the tasks conferred on the Board by the SRM Regulation and acquired in the course of the application of this Agreement, even after their employment has ended or they have left such employment, unless that information has already been made public or is accessible to the public.
3. Responding to questions
The Board shall reply in writing to written questions put to it by Parliament. Those questions shall be forwarded to the Chair of the Board via the Chair of Parliament's competent committee. Questions shall be answered as promptly as possible, and in any event within five weeks of their transmission to the Board.
Both the Board and Parliament shall dedicate a specific section of their websites for the questions and answers referred to above.
4. Access to information
Within at most six weeks from the date of an executive or plenary session of the Board, the Board shall provide Parliament's competent committee at least with a comprehensive and meaningful record of the proceedings of that executive or plenary session of the Board, including an annotated list of decisions, enabling an understanding of the discussions.
In the event of the resolution of an entity, non-confidential information relating to that entity shall be disclosed ex post, once any restrictions on the provision of relevant information resulting from confidentiality requirements have ceased to apply.
Such information shall include a suitably consolidated balance sheet valued according to the principles set out in the SRM Regulation at the moment the decision to resolve the entity was taken, clearly showing the net asset value of the entity and the value of the classes of assets and liabilities. In addition, depending on the resolution tools applied, the Board shall publish the total amount of losses borne by the different classes of creditors where bail-in was applied, the amount and sources of funding used in the resolution process, and the proceeds of any sales of business units or assets.
In the event that Article 19 of the SRM Regulation applies, non-confidential information relating to the exchanges between the Commission and the Board, as well as the annual reports referred to in Article 19(6) of the SRM Regulation, shall be disclosed ex post by the Board to Parliament's competent committee.
The Board shall publish on its website general guidelines regarding its resolution practices.
Parliament shall apply appropriate safeguards and measures corresponding to the level of classification of Board information or Board documents, or both, and shall inform the Board thereof.
The Board shall inform Parliament of the measures taken and acts adopted in order to apply the security principles contained in the Commission security rules referred to in Article 91 of the SRM Regulation. This shall include information on the detailed procedures for the classification of information and for the treatment of classified information.
The Board shall inform Parliament of the practical implementation of its internal security rules, including classification carried out during the year of the usual types of information handled by the Board and the treatment of classified information.
When classifying information for which it is the originator, the Board shall ensure that it applies appropriate levels of classification in line with its internal security rules, whilst taking due account of the need for Parliament to be able to access classified documents for the effective exercise of its competences and prerogatives.
The Board shall inform Parliament of any modification to the adopted internal security rules, in order to ensure that equivalence of basic principles and minimum standards for protecting classified information is maintained.
In accordance with Regulation (EC) No 1049/2001, Parliament shall consult the Board in order to assess any request addressed to Parliament to access a document originating from the Board and submitted to Parliament.
Parliament and the Board shall keep each other informed on the initiation and outcome of any judicial, administrative or other proceedings in which access to Board documents submitted to Parliament is sought.
The Board may request that Parliament maintains a list of persons having access to one or more categories of classified Board information and Board documents disclosed.
II. SELECTION PROCEDURES
In their respective roles in the selection procedure, Parliament and the Board shall aim at the highest professional standards and take into account the need to safeguard the interests of the Union as a whole and diversity in the composition of the Board.
1. Information concerning stages of the selection procedure
To the extent that the Board has been involved, it shall keep Parliament's competent committee duly and in a timely manner informed of all stages of the selection procedure, such as concerning the publication of the vacancy notice, the selection criteria and the specific job profile, the composition of the pool of applicants (number of applications, mix of professional skills, gender and nationality balance, etc.) as well as of the method by which the pool of applicants is screened in order to draw up a shortlist of at least two candidates for each of the positions of Chair, Vice-Chair and four further full-time members of the Board referred to in Article 43(1)(b) of the SRM Regulation. Where the Board has not been involved, this paragraph shall not apply.
2. Consultation of the Board during informal hearings and questions to shortlisted candidates
When the Commission, having heard the Board, provides Parliament with a shortlist of candidates in accordance with Article 56(6) of the SRM Regulation, Parliament's competent committee may consult the Board concerning the shortlisted candidates, in the context of its in camera hearings of, and written questions submitted to, the shortlisted candidates.
3. Formal hearings of preferred candidates
When the Commission submits to Parliament for approval its proposals for the Chair, the Vice-Chair or four further full-time members of the Board referred to in Article 43(1)(b) of the SRM Regulation, Parliament's competent committee may, in the context of a public hearing of each of the proposed Chair, Vice-Chair and members of the Board referred to in Article 43(1)(b) of the SRM Regulation, consult the Board on the proposed candidates.
4. Approval
Parliament shall inform the Board of its decision concerning the approval of each candidate proposed by the Commission for Chair, Vice-Chair and four further full-time members of the Board referred to in Article 43(1)(b) of the SRM Regulation, including the outcome of a vote in Parliament's competent committee and in Parliament's plenary. Parliament shall, taking into account its calendar, aim to take that decision within six weeks of the date of receipt of the proposal from the Commission concerning the candidates.
5. Removal
Where Parliament informs the Commission that it considers that the conditions for the removal from office of the Chair, the Vice-Chair or any further full-time member of the Board referred to in Article 43(1)(b) of the SRM Regulation have been fulfilled for the purposes of Article 56(9) of the SRM Regulation, it may also inform the Board of the same.
III. INVESTIGATIONS
Where Parliament sets up a Committee of Inquiry pursuant to Article 226 TFEU and to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission (7), the Board, in accordance with Union law, shall assist such Committee of Inquiry in carrying out its tasks in accordance with the principle of sincere cooperation.
The Board shall cooperate sincerely with any investigation by Parliament referred to in Article 45(8) of the SRM Regulation within the same framework that applies to committees of inquiry and under the same confidentiality protection as foreseen in this Agreement for the special confidential meetings.
All recipients of information provided to Parliament in the context of investigations shall be subject to confidentiality requirements equivalent to those applying to the members of the Board. Parliament and the Board shall agree on the measures to be applied to ensure the protection of such information.
Parliament shall have regard to the public or private interests governing the right of access to Parliament, Council and Commission documents recognised in Regulation (EC) No 1049/2001, which are involved in information and documents submitted by the Board in the context of a Committee of Inquiry.
IV. CODE OF CONDUCT
Before the adoption of the Code of Conduct by the plenary session of the Board, the Board shall inform Parliament's competent committee of the main elements of the envisaged Code of Conduct.
Upon written request of Parliament's competent committee, the Board shall inform Parliament in writing of the implementation of the Code of Conduct. The Board shall also inform Parliament about the need for any updates to the Code of Conduct.
The Code of Conduct shall address the following:
i. |
in accordance with Article 47 of the SRM Regulation, the independence of the Chair, the Vice-Chair and the four full-time Board members from any Union institution or body, from any government of a Member State and from any other public or private body, as well as their objectivity; |
ii. |
the performance of tasks by the Board in accordance with principles of public accountability for its actions and full transparency without prejudice to the safeguards of the adequate confidentiality of the Board's information and documents; and |
iii. |
the operational independence and the avoidance of conflicts of interest between the functions of the national resolution authorities in accordance with Article 3(3) of Directive 2014/59/EU. |
The Board shall publish the Code of Conduct on its website.
V. ADOPTION OF ACTS BY THE BOARD
The Board shall duly inform Parliament's competent committee of the procedures, including timing, it has set up for adoption of Board decisions, guidelines, general and other instructions, recommendations and warnings (Board acts).
The Board shall, in particular, inform Parliament's competent committee of the principles and types of indicators or information it generally uses in developing Board acts and policy recommendations, with a view to enhancing transparency and policy consistency.
In the event that it conducts a public consultation on draft Board acts, the Board shall submit to Parliament's competent committee those draft Board acts before the beginning of the public consultation procedure.
Where Parliament submits comments on draft Board acts, there may be informal exchanges of views with the Board on such comments. Once the Board has adopted a Board act, it shall send it to Parliament's competent committee. The Board shall also regularly inform Parliament in writing about any need to update adopted Board acts.
VI. TRANSITORY PROVISION
During the start-up phase of the Board until 1 January 2016, or until the date of application of Article 99(2) of the SRM Regulation, whichever is the later, the Board shall, regularly or at the request of Parliament's competent committee, inform Parliament of the progress of the operational implementation of the SRM Regulation.
The information referred to in the first paragraph may be provided orally or in writing and shall include inter alia:
i. |
internal preparation, organisation and work planning; |
ii. |
cooperation with other national or Union competent authorities; |
iii. |
any obstacles encountered by the Board in the preparation of its resolution tasks; |
iv. |
any events of concern or changes to the Code of Conduct; |
v. |
any steps taken by the Board in cooperation with participating Member States to develop the appropriate methods and modalities permitting the enhancement of the capacity of the Fund to contract alternative funding means, that should be in place by the date of application of the SRM Regulation, in accordance with Recital 107 and Article 74 of that Regulation, and the negotiations and the conclusion by the Board of financial arrangements, including where possible of public financial arrangements, in accordance with Article 74 of that Regulation. |
The information referred to in points i to v above shall be in addition to the monthly reports on whether the conditions for the transfer of contributions to the Fund have been met, which the Board shall submit in accordance with the first subparagraph of Article 99(6) of the SRM Regulation and, where applicable, to the monthly reports issued in accordance with the second subparagraph of Article 99(6) of the SRM Regulation where the conditions for the transfer of the contributions have not been met.
VII. FINAL PROVISIONS
The practical implementation of this Agreement shall be assessed by the two parties every three years. Where necessary, the two parties shall adapt the Agreement in light of experience in implementing it as well as developments concerning future security arrangements involving Parliament and the Board.
This Agreement shall enter into force on the day after its signature.
The obligations concerning confidentiality of information shall continue to be binding on the two parties to this Agreement even after the termination of this Agreement.
This Agreement shall be published in the Official Journal of the European Union.
Done at Brussels and at Strasbourg, 16 December 2015.
For the European Parliament
The President
M. SCHULZ
For the Single Resolution Board
The Chair
E. KÖNIG
(1) OJ L 225, 30.7.2014, p. 1.
(2) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
(3) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(4) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190).
(5) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
(6) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
(7) Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry (OJ L 78, 6.4.1995, p. 1).