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	203,5
	MA	94,1
	SN	225,9
	TR	84,9
	ZZ	152,1
0707 00 05	MA	83,2
	TR	137,2
	ZZ	110,2
0709 93 10	MA	95,4
	TR	133,6
	ZZ	114,5
0805 10 20	EG	51,1
	IL	84,3
	MA	61,6
	TR	37,1
	ZZ	58,5
0805 50 10	BR	116,1
	MA	135,4
	TR	130,3
	ZA	143,4
	ZZ	131,3
0808 10 80	AR	111,2
	BR	96,0
	CL	114,8
	CN	73,3
	NZ	135,2
	US	225,3
	ZA	97,6
	ZZ	121,9

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(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’.

ANNEX

PARAMETERS REFERRED TO IN ARTICLE 3

A.   General parameters

1.

Pursuant to Article 3(1)(a), within the 703-733 MHz and 758-788 MHz frequency bands, the frequency arrangement shall be as follows: (a) the assigned block sizes shall be in multiples of 5 MHz (1); (b) the mode of operation shall be Frequency Division Duplex (FDD); the duplex spacing shall be 55 MHz with terminal station transmission (FDD uplink) located in the lower frequency band 703-733 MHz and base station transmission (FDD downlink) located in the upper frequency band 758-788 MHz; (c) the lower frequency limit of an assigned block shall be aligned with or spaced at multiples of 5 MHz from the band edge of 703 MHz. Without prejudice to the right of Member States to organise and use their spectrum for public safety and public security purposes and for defence, if PPDR radio communications are implemented, the technical conditions for wireless broadband electronic communications services in this annex should be used.

2.

Pursuant to Article 3(1)(b), the frequency arrangement within the 738-758 MHz frequency band for use in full or in part for terrestrial systems capable of providing wireless broadband electronic communications services, shall be as follows: (a) the upper band edge of the designated spectrum range shall be either 758 MHz or 753 MHz; the latter is only applicable in conjunction with the frequency arrangement pursuant to Section A.3 starting at 753 MHz; (b) the lower band edge of the designated spectrum range shall start at one of the following: 738 MHz, 743 MHz, 748 MHz or 753 MHz; (c) the mode of operation shall be limited to base station (‘downlink-only’) transmission in accordance with the technical parameters in Section B; (d) the assigned block sizes within the designated spectrum range shall be in multiples of 5 MHz (1); the upper frequency limit of an assigned block shall be aligned with or spaced at multiples of 5 MHz from the upper band edge.

3.

Pursuant to Article 3(1)(b), the frequency arrangement within the frequency bands 698-703 MHz, 733-736 MHz, 753-758 MHz and 788-791 MHz for use in full or in part for PPDR radio communications shall be as follows: the mode of operation shall be Frequency Division Duplex; the duplex spacing shall be 55 MHz with terminal station transmission (PPDR uplink) located in one or both of the frequency band 698-703 MHz and 733-736 MHz, and base station transmission (PPDR downlink) located in one or both of the frequency band 753-758 MHz and 788-791 MHz, respectively. The frequency bands 703-733 MHz and 758-788 MHz, or a subset thereof, may also be used for PPDR radio communications. Such use is addressed in Section A.1.

4.

Pursuant to Article 3(1)(b), the frequency arrangement within the frequency bands 733-736 MHz and 788-791 MHz for use for M2M radio communications shall be as follows: the mode of operation shall be Frequency Division Duplex; the duplex spacing shall be 55 MHz with terminal station transmission (M2M uplink) located in the 733-736 MHz frequency band and base station transmission (M2M downlink) located in the 788-791 MHz frequency band.

5.

Pursuant to Article 3(1)(b), Member States decide on the frequency arrangement within the frequency bands 694-703 MHz and 733-758 MHz for use in full or in part for wireless audio PMSE equipment. In order to improve the coexistence between indoor wireless audio PMSE equipment used within the 694-703 MHz and/or 733-758 MHz frequency bands, and mobile electronic communications networks, Member States shall encourage, where feasible and necessary, the implementation of interference mitigation solutions.

B.   Technical conditions for base stations for terrestrial systems capable of providing electronic communications services within the 738-788 MHz frequency band

The following technical parameters for base stations called ‘block edge mask’ (BEM) shall be used in order to ensure coexistence between neighbouring networks and protection of other services and applications in adjacent bands. Less stringent technical parameters, if agreed among the operators or administrations concerned, may also be used provided that these parameters comply with the technical conditions applicable for the protection of other services or applications, including in adjacent bands or subject to cross-border obligations.

The BEM (2) is an emission mask that is defined as a function of frequency in relation to a ‘block edge’, the latter being the frequency boundary of a spectrum block for which rights of use are assigned to an operator. The BEM consists of several elements which are defined for certain measurement bandwidths. A ‘band edge’ denotes the frequency boundary of a spectrum range designated for a certain use.

BEMs for base stations given below have been developed for equipment used in mobile networks. The same base station BEM applies both for FDD downlink use within the 758-788 MHz frequency band (as defined in Section A.1) and optional downlink-only use within the 738-758 MHz frequency band (as defined in Section A.2). The BEMs serve to protect other spectrum blocks used for electronic communications services (including downlink-only use) as well as other services and applications in adjacent bands. Additional measures which do not constrain economies of scale of equipment may be applied at national level to further facilitate the coexistence of electronic communications services and other uses within the 700 MHz frequency band.

The base station BEM consists of in-block and out-of-block power limits. The in-block power limit is applied to a block assigned to an operator. The out-of-block power limits are applied to spectrum within or outside the 700 MHz frequency band, which is outside the block assigned. Table 1 contains the different spectrum elements of the base station BEM, whereby all BEM elements except ‘in-block’ are mapped to out-of-block power limits. Optional in-block power limits are given in Table 2. Out-of-block power limits for different BEM elements are given in Table 3 to Table 8.

To obtain a base station BEM for a specific block within the FDD downlink or within the 738-758 MHz frequency band when used for optional downlink-only use, the BEM elements are used as follows:

In-block power limit is used for the block assigned to the operator.

—	Transitional regions are determined, and corresponding power limits are used. The transitional regions may overlap with guard bands, adjacent bands and the duplex gap, in which case transitional power limits are used.

—	For remaining assigned spectrum which constitutes baseline (as defined in Table 1), baseline power limits are used.

—	For remaining spectrum in the guard bands (i.e. not covered by transitional regions or not used for PPDR or M2M radio communications), guard band power limits are used.

—	For spectrum in the 733-758 MHz frequency band not used for downlink-only or PPDR or M2M radio communications, duplex gap power limits apply.

Table 1

Definition of BEM elements for blocks pursuant to Sections A.1 and A.2

BEM element	Definition
In-block	Refers to a block for which the BEM is derived.
Baseline	Spectrum used within the frequency bands 703-733 MHz (i.e. FDD uplink) and 758-788 MHz (i.e. FDD downlink) as well as within the 738-758 MHz frequency band for downlink-only (if applicable), for digital terrestrial television broadcasting below the 694 MHz band edge, for terrestrial systems capable of providing electronic communications services above 790 MHz (both uplink and downlink), for PPDR radio communications in the 700 MHz frequency band (both uplink and downlink), and for M2M radio communications in the 700 MHz frequency band (both uplink and downlink).
Transitional region	Spectrum from 0 to 10 MHz below and from 0 to 10 MHz above the block assigned to an operator; in a frequency range where transitional regions and spectrum used for FDD uplink, PPDR uplink or M2M uplink overlap, transitional power limits do not apply.
Guard bands	(a) Spectrum between the lower edge of the 700 MHz frequency band and the lower edge of the FDD uplink (i.e. 694-703 MHz); (b) Spectrum between the upper edge of FDD downlink (i.e. 788 MHz) and the lower edge of the FDD downlink according to Decision 2010/267/EU (i.e. 791 MHz). In case of overlap between a transitional region and a guard band, transitional power limits are used. When spectrum is used for PPDR or M2M radio communications, baseline or transitional power limits are used.
Duplex gap	Spectrum in the 733-758 MHz frequency band. In case of overlap between a transitional region and the part of the duplex gap not used for downlink-only or PPDR radio communications or M2M radio communications, transitional power limits are used.

In-block requirements

Table 2

Base station in-block power limit

Frequency range	Maximum mean EIRP (3)	Measurement bandwidth
Block assigned to the operator	Not mandatory. In case an upper bound is desired by an administration, a value may be applied, which does not exceed 64 dBm/5 MHz per antenna.	5 MHz

Out-of-block requirements

Table 3

Base station baseline power limit

Frequency range	Bandwidth of protected block	Maximum mean EIRP	Measurement bandwidth
Uplink frequencies in the range 698-736 MHz (4)	≥ 5 MHz	– 50 dBm per cell (5)	5 MHz
	3 MHz	– 52 dBm per cell (5)	3 MHz (4)
	≤ 3 MHz	– 64 dBm per cell (5)	200 kHz (4)
FDD uplink frequencies as defined in Decision 2010/267/EU (i.e. 832-862 MHz)	≥ 5 MHz	– 49 dBm per cell (5)	5 MHz
Downlink frequencies in the range 738-791 MHz	≥ 5 MHz	16 dBm per antenna	5 MHz
	3 MHz	14 dBm per antenna	3 MHz
	< 3 MHz	2 dBm per antenna	200 kHz
FDD downlink frequencies as defined in Decision 2010/267/EU (i.e. 791-821 MHz)	≥ 5 MHz	16 dBm per antenna	5 MHz

Table 4

Base station transitional power limits in the range 733-788 MHz

Frequency range	Maximum mean EIRP	Measurement bandwidth
– 10 to – 5 MHz from lower block edge	18 dBm per antenna	5 MHz
– 5 to 0 MHz from lower block edge	22 dBm per antenna	5 MHz
0 to + 5 MHz from upper block edge	22 dBm per antenna	5 MHz
+ 5 to + 10 MHz from upper block edge	18 dBm per antenna	5 MHz

Table 5

Base station transitional power limits above 788 MHz

Frequency range	Maximum mean EIRP	Measurement bandwidth
788-791 MHz for a block with upper edge at 788 MHz	21 dBm per antenna	3 MHz
788-791 MHz for a block with upper edge at 783 MHz	16 dBm per antenna	3 MHz
788-791 MHz for a block with upper edge at 788 MHz for protection of systems with bandwidth < 3 MHz	11 dBm per antenna	200 kHz
788-791 MHz for a block with upper edge at 783 MHz for protection of systems with bandwidth < 3 MHz	4 dBm per antenna	200 kHz
791-796 MHz for a block with upper edge at 788 MHz	19 dBm per antenna	5 MHz
791-796 MHz for a block with upper edge at 783 MHz	17 dBm per antenna	5 MHz
796-801 MHz for a block with upper edge at 788 MHz	17 dBm per antenna	5 MHz

Table 6

Base station power limits for the part of the duplex gap not used for downlink-only or PPDR radio communications or M2M radio communications

Frequency range	Maximum mean EIRP	Measurement bandwidth
– 10 to 0 MHz offset from FDD downlink lower band edge or lower edge of the lowest downlink-only block, but above FDD uplink upper band edge	16 dBm per antenna	5 MHz
More than 10 MHz offset from FDD downlink lower band edge or lower edge of the lowest downlink-only block, but above FDD uplink upper band edge	– 4 dBm per antenna	5 MHz

Table 7

Base station power limits for the part of the guard bands not used for PPDR radio communications or M2M radio communications

Frequency range	Maximum mean EIRP	Measurement bandwidth
Spectrum between the lower band edge of the 700 MHz frequency band and FDD uplink lower band edge (i.e. 694-703 MHz);	– 32 dBm per cell (6)	1 MHz
Spectrum between FDD downlink upper band edge and the FDD downlink lower band edge as defined in Decision 2010/267/EU (i.e. 788-791 MHz)	14 dBm per antenna	3 MHz

Table 8

Base station baseline power limits for spectrum below 694 MHz

Frequency range	Maximum mean EIRP	Measurement bandwidth
Frequencies below 694 MHz where digital terrestrial television broadcasting is protected	– 23 dBm per cell (7)	8 MHz

C.   Technical conditions for terminal stations for electronic communications services within the 703-733 MHz frequency band

BEMs for terminal stations given below have been developed for equipment used in mobile networks.

The terminal station BEM consists of in-block and out-of-block power limits. The in-block power limit is applied to a block assigned to an operator. The out-of-block power limits are applied to the following spectrum elements: the duplex gap between FDD uplink and FDD downlink (including downlink-only spectrum, if applicable), the guard band between the upper limit of spectrum used for television broadcasting (694 MHz) and FDD uplink (i.e. 694-703 MHz), and spectrum used for television broadcasting (i.e. below 694 MHz).

The BEM requirements for terminal stations are given in Table 9 to Table 12 (8). The power limits are specified as equivalent isotropically radiated power (EIRP) for terminal stations designed to be fixed or installed and as total radiated power (TRP) (9) for terminal stations designed to be mobile or nomadic.

Administrations may relax the in-block power limit in certain situations, for example fixed terminal stations in rural areas provided that protection of other services, networks and applications is not compromised and cross-border obligations are fulfilled.

In-block requirements

Table 9

Terminal station in-block power limit

Maximum mean power

23 dBm (10)

Out-of-block requirements

Table 10

Terminal station power limits for the guard band 694-703 MHz

Frequency range	Maximum mean out-of-block EIRP	Measurement bandwidth
694-698 MHz	– 7 dBm	4 MHz
698-703 MHz	2 dBm	5 MHz

Table 11 (non-mandatory)

Terminal station power limits for the duplex gap

Frequency range	Maximum mean out-of-block EIRP	Measurement bandwidth
733-738 MHz	2 dBm	5 MHz
738-753 MHz	– 6 dBm	5 MHz
753-758 MHz	– 18 dBm	5 MHz

Explanatory note to Table 11

The power limits have been derived from the spectrum emission mask specified in clause 4.2.3 of ETSI EN 301 908-13 v6.2.1, which means that LTE-based equipment will comply inherently with the emission limits specified in Table 11. No additional test procedure is required to ensure compliance of such equipment with the power limits specified above.

Table 12

Terminal station power limits for frequencies below 694 MHz used for terrestrial broadcasting (unwanted emissions)

Frequency range	Maximum mean out-of-block power	Measurement bandwidth
470-694 MHz	– 42 dBm	8 MHz

Explanatory notes to Table 12

(1)

The derivation of the unwanted emissions limit is based on DTT broadcasting using DVB-T2 and a WBB system with a bandwidth of 10 MHz for a centre frequency separation between DTT broadcasting and WBB of 18 MHz (assuming an 8 MHz TV channel, 9 MHz guard band and a WBB system bandwidth of 10 MHz). If Member States wish to allow the deployment of WBB systems on a national basis with a bandwidth greater than 10 MHz and in case unwanted out-of-block power higher than – 42 dBm/8 MHz is generated in the band below 694 MHz, they should consider: (a) either implementing the greater WBB system bandwidth starting at a frequency higher than 703 MHz so that the required limit of out-of-block power is still met; (b) and/or applying mitigation techniques according to note 3.

(2)	The value of the unwanted out-of-block emissions limit is derived with regard to fixed DTT reception. Member States who wish to consider portable-indoor DTT reception may need, on a case-by-case basis, to implement further measures at a national/local level (see note 3).

(3)

Examples of potential mitigation techniques which may be considered by Member States include using additional DTT filtering, reducing the in-block power of the terminal station, reducing the bandwidth of the terminal station transmissions, or using techniques contained in the non-exhaustive list of potential mitigation techniques given in CEPT Report 30.

(4)

Additional considerations on coexistence between WBB systems and DTT broadcasting: in order to mitigate DTT receiver blocking caused by base station transmission, additional external filtering could be applied at the input of the DTT receiver chain at national level, in particular to avoid overload saturation in antenna amplifiers; furthermore, interference from broadcasting transmitters to base station receivers, either caused by transmitter in-band power or unwanted emissions, may arise. In such cases, appropriate mitigation techniques may be applied on a case-by-case basis at national level.

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(1)  5 MHz or more; this does not preclude smaller channel bandwidths within an assigned block.

(2)  The BEM is based on minimum coupling loss (MCL) analysis and simulations; the BEM elements are defined on a per cell or per antenna basis, depending on the co-existence scenario from which they have been derived.

(3)  Equivalent Isotropically Radiated Power (EIRP) is the total power radiated in any direction at a single location, independent of any base station configuration.

(4)  Administrations may select a measurement bandwidth of 3 MHz or 200 kHz for protection of a block size of 3 MHz depending on the national implemented options.

(5)  In a multi-sector site, the value per ‘cell’ corresponds to the value for one of the sectors.

(6)  In a multi-sector site, the value per ‘cell’ corresponds to the value for one of the sectors.

(7)  In a multi-sector site, the value per ‘cell’ corresponds to the value for one of the sectors.

(8)  Further requirements may be taken into account by ETSI in the harmonised standards.

(9)  Total radiated power (TRP) is a measure of how much power the antenna actually radiates. The TRP is defined as the integral of the power transmitted in different directions over the entire radiation sphere.

(10)  This value is subject to a tolerance of up to + 2 dB, to take account of operation under extreme environmental conditions and production spread.

ANNEX I

(1)

Minimum number of samples of Baltic herring (Clupea harengus membras) recommended to be taken in 2016 for analysis of the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs, preferably in ICES zones 28-1, 28-2, 29, 30, 31 and 32.   DE DK EE FIN LT LV PL SE Tot Herring 7 5 7 20 4 4 9 14 70

(2)	Minimum number of samples of European sprat (Sprattus sprattus) recommended to be taken in 2017 for analysis of the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs, preferably in ICES zones 29, 30, 31 and 32.   DE DK EE FIN LT LV PL SE Tot Sprat 5 8 8 5 5 9 18 12 70

(3)	Minimum number of samples of salmon (Salmo salar) and trout (Salmo trutta, Oncorhynchus mykiss) recommended to be taken in 2018 for analysis of the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs.   DE DK EE FIN LT LV PL SE Tot Salmon/trout 5 12 5 15 5 5 11 12 70

(4)	Minimum number of samples recommended to be taken yearly from 2016 until 2018 for analysis of the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs.   DE DK EE FIN LT LV PL SE Tot Several fish species (*) 10 10 10 10 10 10 10 10 80

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(*)  Atlantic cod (Gadus morhua), European plaice (Pleuronectes platessa), European river lamprey (Lampetra fluviatilis), char (Salvelinus sp.) white bream (Blicca bjoerkna), European eel (Anguilla Anguilla), freshwater bream (Abramis brama), European flounder (Platichthys flesus), European perch (Perca fluviatilis), northern pike (Esox lucius), pike-perch (Sander lucioperca), roach (Rutilus rutilus), vendace (Coregonus Albula), garfish (Belone belone), European smelt (Osmerus eperlanus), turbot (Psetta maxima), vimba bream (Vimba vimba), whitefish (Coregonus sp.) and whiting (Merlangius merlangus).

ANNEX II

Information on the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain fish species from a certain age, size and geographical region (ICES zone) and in particular as regards their compliance with the maximum level established in Regulation (EC) No 1881/2006.

1.   Size of the fish

The size of any fish referred to in this annex shall be measured as shown in the figure below from the tip of the snout to the end of the tail fin.

2.   Minimum sizes of certain fish species allowed to be caught in the Baltic region for sustainability reasons (Regulation (EC) No 2187/2005)

—	Salmon (Salmo salar) (whole Baltic region except ICES 31): minimum size is 60 cm (consequently fish < 2 kg not allowed to be caught).

—	Salmon (Salmo salar) (ICES 31): minimum size is 50 cm (consequently fish < 2 kg not allowed to be caught).

—	Sea trout (Salmo trutta) (ICES 22, 23, 24 and 25 and ICES 29, 30, 31 and 32): minimum size is 40 cm (consequently fish < 2 kg not allowed to be caught).

—	Sea trout (Salmo trutta) (ICES 26, 27 and 28): minimum size is 50 cm (consequently fish < 2 kg not allowed to be caught).

3.   Information on the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain fish species from a certain age, size and geographical region (ICES zone)

3.1.   Baltic herring

In ICES 22, 23, 24, 25, 26 and 27: Baltic herring regardless the size assumed to be compliant with maximum level.

In ICES 28-1, 29, 30, 31 and 32: Baltic herring ≤ 17 cm assumed to be compliant and Baltic herring > 17 cm suspected to be non-compliant.

In ICES 28-2: Baltic herring ≤ 21 cm assumed to be compliant and Baltic herring > 21 cm suspected to be non-compliant.

3.2.   Salmon

Salmon from ICES 22 and 23 comes from the North Atlantic and not from the Baltic region and is therefore not part of these conclusions as regards presence of dioxins and PCBs and common risk management measures.

Salmon < 2 kg assumed compliant (but not allowed to be caught for sustainability reasons — according to Regulation (EC) No 2187/2005; minimum size 60 cm and for ICES 31: 50 cm).

In ICES 24, 25, 26:

—	salmon more than 2 kg up to 5,5 kg: compliant after trimming (trimming results in about 30 % reduction of dioxin/dioxin-like PCB content — experience only in ICES 24, 25, 26),

—	smaller salmon (2-4 kg) not trimmed: suspected non-compliance, although majority of salmon compliant,

—	larger salmon (4-5,5 kg): suspected to be non-compliant for the majority of the salmon,

—	trimmed salmon < 5,5 kg: compliant,

—	salmon trimmed and ventral part removed < 7,9 kg: compliant.

In ICES 27, 28, 29, 30, 31 and 32:

—	salmon > 2 kg (larger than 60 cm): suspected to be non-compliant.

3.3.   Trout

(Sea) trout < 2 kg assumed compliant (but not allowed to be caught for sustainability reasons according to Regulation (EC) No 2187/2005; minimum size for ICES 22, 23, 24, 25, 29, 30, 31 and 32: 40 cm and for ICES 26, 27 and 28: 50 cm).

In ICES 22, 23, 24, 25, 26:

—	(sea) trout more than 2 kg up to 4,5 kg: compliant after trimming and removal ventral part,

—	smaller (sea) trout (2-4 kg): suspected non-compliance, although majority of (sea) trout compliant,

—	larger (sea) trout: suspected to be non-compliant for the majority of the (sea) trout.

In ICES 27, 28, 29, 30, 31 and 32:

—	all (sea) trout > 2 kg (larger than 40/50 cm) suspected to be non-compliant.

3.4.   Sprat

In ICES zones 22, 23, 24, 25, 26, 27 and 28: assumed to be compliant.

In ICES zones 29, 30, 31 and 32: if sprats are smaller than 12,5 cm and less than 5 years, then assumed to be compliant. If larger than 12,5 cm, then suspected to be non-compliant.

3.5.   Cod liver

Non-compliance is suspected.

3.6.   River lamprey

In ICES 28: non-compliance suspected.

In ICES 32: assumed to be compliant.

3.7.   Other fish species

Char is not traded and local catch falls under derogation (Sweden/Finland).

Other fish species are assumed to be compliant.

ANNEX III

Risk management measures recommended to be taken by the competent authorities to ensure that fish from the Baltic region placed on the market in the EU complies with the maximum levels as established in Regulation (EC) No 1881/2006.

1.   General recommended risk management measures

—	Traceability is of major importance.

—

For trade of herring, salmon, sea trout and sprat to other EU Member States or marketing on the domestic market not falling under a derogation, the ICES zone where the fish has been caught should be mentioned on the accompanying documents. Where necessary it should be clearly mentioned that the lot has been sampled and analysed for dioxins, for the sum of dioxins and dioxin-like PCBs and for non-dioxin-like PCBs in accordance with EU legislation and has been found compliant with EU legislation. The analytical bulletin can be enclosed or should be made available upon request.

—

In case it is not possible to provide precise information on the ICES zone where the fish has been caught, for the trade of herring > 17 cm, salmon, sea trout and sprat > 12,5 cm to other EU Member States or marketing on the domestic market not falling under a derogation, the lot of fish should always be sampled and analysed for dioxins, for the sum of dioxins and dioxin-like PCBs and for non-dioxin-like PCBs in accordance with EU legislation for checking compliance with EU legislation. This should be clearly stated in the accompanying documents. The analytical bulletin can be enclosed or should be made available upon request.

—	Authority at port of landing is responsible for doing the necessary controls to ensure compliance.

—	Documented evidence should be available as regards the fate of the fish which cannot be marketed for human consumption.

2.   Specific recommended risk management measures

2.1.   Baltic herring

—	Baltic herring from ICES 22, 23, 24, 25, 26 and 27 → can be marketed for human consumption.

—

Baltic herring from ICES 28-1, 29, 30, 31, 32: — Sweden and Finland: — Without sorting, Baltic herring can be marketed on domestic market only. — For trade to other EU Member States: obligatory sorting of herring in ≤ 17 cm and > 17 cm before placing on the market (as the sorting is done by width, this is approximate, but this is no problem): — Baltic herring ≤ 17 cm can be marketed for human consumption, — Baltic herring > 17 cm can be marketed or processed for human consumption for the domestic market only, or can be marketed outside the domestic market only if analysis of the individual lot has demonstrated compliance. — Germany, Denmark, Estonia, Latvia, Lithuania and Poland: — obligatory sorting of the Baltic herring in ≤ 17 cm and > 17 cm before placing on the market (as the sorting is done by width, this is approximate, but this is no problem): — Baltic herring ≤ 17 cm can be marketed for human consumption, — Baltic herring > 17 cm cannot be marketed or processed for human consumption, unless analysis of the individual lot has demonstrated compliance.

—

Baltic herring from ICES 28-2: — Sweden and Finland: — Without sorting, Baltic herring can be marketed on domestic market only. — For trade to other EU Member States: obligatory sorting of Baltic herring in ≤ 21 cm and > 21 cm (as the sorting is done by width, this is approximate, but this is no problem): — Baltic herring ≤ 21 cm can be marketed or processed for human consumption, — Baltic herring > 21 cm can be marketed or processed for human consumption for the domestic market only, or can be marketed outside the domestic market only if analysis of the individual lot has demonstrated compliance). — Germany, Denmark, Estonia, Latvia, Lithuania and Poland: — obligatory sorting of the Baltic herring ≤ 21 cm and > 21 cm before placing on the market (as the sorting is done by width, this is approximate, but this is no problem): — Baltic herring ≤ 21 cm can be marketed for human consumption, — Baltic herring > 21 cm cannot be marketed or processed for human consumption, unless analysis of the individual lot has demonstrated compliance.

2.2.   Salmon

—

Salmon from ICES 24, 25 and 26: — Sweden, Finland and Latvia: — Salmon can be marketed for domestic market (derogation), — Trade to other EU Member States countries: only possible if analysis of the individual lot has shown compliance with EU legislation. — Germany, Denmark, Estonia, Lithuania and Poland: — Salmon larger than 2 kg can be marketed for human consumption only if analysis of the individual lot has shown compliance with EU legislation, — Salmon weighing less than 5,5 kg is compliant after trimming (procedure applied in Denmark and Poland only for ICES 24, 25 and 26) and salmon more than 5,5 kg up to 7,9 kg is compliant after trimming and removing ventral part (procedure applied in Poland for ICES 24, 25 and 26), — Trimmed salmon > 5,5 kg and salmon trimmed and ventral part removed > 7,9 kg can be marketed for human consumption only if analysis of the individual lot has shown compliance with EU legislation.

—

Salmon from ICES 27, 28, 29, 30, 31 and 32: — Sweden, Finland and Latvia: — Salmon can be marketed for domestic market (derogation), — Trade to other EU Member States countries: only possible if analysis of individual lot has shown compliance with EU legislation. — Germany, Denmark, Estonia, Lithuania and Poland: — Salmon can be marketed for human consumption only if analysis of the individual lot has shown compliance with EU legislation.

2.3.   (Sea) trout

—

(sea) trout from ICES 22, 23, 24, 25 and 26: — Sweden and Finland: — (sea) trout can be marketed for domestic market (derogation), — Trade to other EU Member States countries: only possible if analysis of the individual lot has shown compliance with EU legislation. — Germany, Denmark, Estonia, Latvia, Lithuania and Poland: — (sea) trout weighing more than 2 kg: trout can be marketed for human consumption only if analysis of the individual lot has shown compliance with EU legislation, — (sea) trout trimmed and ventral part removed < 4,5 kg: compliant (procedure applied in Poland for ICES 22-23-24-25-26), — (sea) trout trimmed and ventral part removed > 4,5 kg can be marketed for human consumption if analysis of the individual lot has shown compliance with EU legislation.

—

(sea) trout from ICES 27, 28, 29, 30, 31 and 32: — Sweden and Finland: — (sea) trout can be marketed for domestic market (derogation), — Trade to other EU Member States countries: only possible if analysis of the individual lot has shown compliance with EU legislation. — Germany, Denmark, Estonia, Latvia, Lithuania and Poland: — (sea) trout can be marketed for human consumption only if analysis of the individual lot has shown compliance with EU legislation.

2.4.   Sprat

—	Sprat from ICES 22, 23, 24, 25, 26, 27, 28 can be marketed for human consumption

—	Sprat from ICES 29, 30, 31, 32: — Obligatory sorting in sprats ≤ 12,5 cm and sprats > 12,5 cm, Sprats ≤ 12,5 cm can be marketed for human consumption, Sprats > 12,5 cm cannot be marketed or processed for human consumption, unless analysis of the individual lot has demonstrated compliance.

2.5.   Cod liver

Cod liver from cod caught in the Baltic region is suspected not to be compliant and therefore every lot should be analysed to show compliance before being placed on the EU market.

ANNEX

For the purposes of this Agreement:

—	by virtue of the Treaty of Lisbon, entered into force on 1 December 2009, the European Union shall replace and succeed the European Community,

—

wherever acts specified in this Annex contain references to Member States of the European Community, as replaced by the European Union, or a requirement for a link with the latter, the references shall, for the purpose of the Agreement, be understood to apply equally to Switzerland or to the requirement of a link with Switzerland,

—	the references to Council Regulations (EEC) No 2407/92 and (EEC) No 2408/92 made in the Articles 4, 15, 18, 27 and 35 of the Agreement, shall be understood as references to Regulation (EC) No 1008/2008 of the European Parliament and of the Council,

—

without prejudice to Article 15 of this Agreement, the term ‘Community air carrier’ referred to in the following Community directives and regulations shall include an air carrier which is licensed and has its principal place of business and, if any, its registered office in Switzerland in accordance with the provisions of Regulation (EC) No 1008/2008. Any reference to Regulation (EEC) No 2407/92 shall be understood as reference to Regulation (EC) No 1008/2008,

—	any reference in the following texts to Articles 81 and 82 of the Treaty or to Articles 101 and 102 of the Treaty on the Functioning of the European Union shall be understood to mean Articles 8 and 9 of this Agreement.

1.   Aviation liberalisation and other civil aviation rules

No 1008/2008

Regulation of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community.

No 2000/79

Council Directive of 27 November 2000 concerning the implementation of the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA).

No 93/104

Council Directive of 23 November 1993 concerning certain aspects of the organisation of working time, as amended by:

—	Directive 2000/34/EC.

No 437/2003

Regulation of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air.

No 1358/2003

Commission Regulation of 31 July 2003 implementing Regulation (EC) No 437/2003 of the European Parliament and of the Council on statistical returns in respect of the carriage of passengers, freight and mail by air and amending Annexes I and II thereto.

No 785/2004

Regulation of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators, as amended by:

—	Commission Regulation (EU) No 285/2010.

No 95/93

Council Regulation of 18 January 1993 on common rules for the allocation of slots at Community airports (Articles 1-12), as amended by:

—	Regulation (EC) No 793/2004.

No 2009/12

Directive of the European Parliament and of the Council of 11 March 2009 on airport charges.

No 96/67

Council Directive of 15 October 1996 on access to the groundhandling market at Community airports

(Articles 1-9, 11-23, and 25).

No 80/2009

Regulation of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89.

2.   Competition rules

No 1/2003

Council Regulation of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (Articles 1-13, 15-45).

(To the extent that this Regulation is relevant for the application of this agreement. The insertion of this Regulation does not affect the division of tasks according to this agreement.)

No 773/2004

Commission Regulation of 7 April 2004 relating to proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty, as amended by:

—	Commission Regulation (EC) No 1792/2006,

—	Commission Regulation (EC) No 622/2008.

No 139/2004

Council Regulation of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)

(Articles 1-18, 19(1)-(2), and 20-23),

With respect to Article 4(5) of the Merger Regulation the following shall apply between the European Community and Switzerland:

(1)

With regard to a concentration as defined in Article 3 of Regulation (EC) No 139/2004 which does not have a Community dimension within the meaning of Article 1 of that Regulation and which is capable of being reviewed under the national competition laws of at least three EC Member States and the Swiss Confederation, the persons or undertakings referred to in Article 4(2) of that Regulation may, before any notification to the competent authorities, inform the EC Commission by means of a reasoned submission that the concentration should be examined by the Commission.

(2)	The European Commission shall transmit all submissions pursuant to Article 4(5) of Regulation (EC) No 139/2004 and the previous paragraph to the Swiss Confederation without delay.

(3)	Where the Swiss Confederation has expressed its disagreement as regards the request to refer the case, the competent Swiss competition authority shall retain its competence, and the case shall not be referred from the Swiss Confederation pursuant to this paragraph.

With respect to time limits referred to in Articles 4(4) and (5), Articles 9(2) and (6), and Articles 22(2) of the Merger Regulation:

(1)	The European Commission shall transmit all the relevant documents pursuant to Articles 4(4) and (5), Articles 9(2) and (6) and Article 22(2) to the competent Swiss competition authority without delay.

(2)	The calculation of the time limits referred to in Articles 4(4) and (5), Articles 9(2) and (6), and Article 22(2) of Regulation (EC) No 139/2004 shall start, for the Swiss Confederation, upon receipt of the relevant documents by the competent Swiss competition authority.

No 802/2004

Commission Regulation of 7 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (Articles 1-24), as amended by:

—	Commission Regulation (EC) No 1792/2006,

—	Commission Regulation (EC) No 1033/2008,

—	Commission Implementing Regulation (EU) No 1269/2013.

No 2006/111

Commission Directive of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings.

No 487/2009

Council Regulation of 25 May 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector.

3.   Aviation safety

No 216/2008

Regulation of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, as amended by:

—	Commission Regulation (EC) No 690/2009,

—	Regulation (EC) No 1108/2009,

—	Commission Regulation (EU) No 6/2013.

The Agency shall enjoy also in Switzerland the powers granted to it under the provisions of the Regulation.

The Commission shall enjoy also in Switzerland the powers granted to it for decisions pursuant to Article 11(2), Article 14(5),(7), Article 24(5), Article 25(1), Article 38(3)(i), Article 39(1), Article 40(3), Article 41(3),(5), Article 42(4), Article 54(1) and Article 61(3).

Notwithstanding the horizontal adaptation provided for in the second indent of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport, the references to the ‘Member States’ made in Article 65 of the Regulation or in the provisions of Decision 1999/468/EC mentioned in that provision shall not be understood to apply to Switzerland.

Nothing in this Regulation shall be construed so as to transfer to the EASA authority to act on behalf of Switzerland under international agreements for other purposes than to assist in the performance of its obligations pursuant to such agreements.

The text of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

(a)

Article 12 is amended as follows: (i) in paragraph 1, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’; (ii) in paragraph 2(a), the words ‘or Switzerland’ shall be inserted after the words ‘the Community’; (iii) in paragraphs 2 points (b) and (c) are deleted; (iv) the following paragraph is added: ‘3.   Whenever the Community negotiates with a third country in order to conclude an agreement providing that a Member State or the Agency may issue certificates on the basis of certificates issued by the aeronautical authorities of that third country, it shall endeavour to obtain for Switzerland an offer of a similar agreement with the third country in question. Switzerland shall, in turn, endeavour to conclude with third countries agreements corresponding to those of the Community’.

(b)

In Article 29, the following paragraph shall be added: ‘4.   By way of derogation from Article 12(2)(a) of the Conditions of Employment of Other Servants of the European Communities, Swiss nationals enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.’

(c)	In Article 30, the following paragraph is added: ‘Switzerland shall apply to the Agency the Protocol on the Privileges and Immunities of the European Union, which is set out as Annex A to the present Annex, in accordance with the Appendix to Annex A.’

(d)	In Article 37, the following paragraph is added: ‘Switzerland shall participate fully in the Management Board and shall within it have the same rights and obligations as European Union Member States, except for the right to vote’.

(e)

In Article 59, the following paragraph shall be added: ‘12.   Switzerland shall participate in the financial contribution referred to in paragraph 1(b), according to the following formula: where: S = the part of the budget of the Agency not covered by the fees and charges mentioned in paragraph 1 (c) and (d) a = the number of Associated States b = the number of EU Member States c = the contribution of Switzerland to the ICAO budget, C = the total contribution of the EU Member States and of the Associated States to the ICAO budget.’

(f)	In Article 61, the following paragraph is added: ‘The provisions relating to financial control by the Community in Switzerland concerning the participants in the activities of the Agency are set out in Annex B to the present Annex.’

(g)

Annex II to the Regulation shall be extended to include the following aircraft as products covered by Article 2(3)(a)(ii) of Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (1):   A/c - [HB-IMY, HB-IWY] — type Gulfstream G-IV   A/c - [HB-IMJ, HB-IVZ, HB-JES] — type Gulfstream G-V   A/c - [HB-ZCW, HB-ZDF] — type MD900.

No 1108/2009

Regulation of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services and repealing Directive 2006/23/EC

No 1178/2011

Commission Regulation of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, as amended by:

—	Commission Regulation (EU) No 290/2012,

—	Commission Regulation (EU) No 70/2014,

—	Commission Regulation (EU) No 245/2014,

—	Commission Regulation (EU) 2015/445.

No 3922/91

Council Regulation of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (Articles 1-3, 4(2), (5-11, and 13), as amended by:

—	Regulation (EC) No 1899/2006,

—	Regulation (EC) No 1900/2006,

—	Commission Regulation (EC) No 8/2008,

—	Commission Regulation (EC) No 859/2008.

No 996/2010

Regulation of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC, as amended by:

—	Regulation (EU) No 376/2014.

No 104/2004

Commission Regulation of 22 January 2004 laying down rules on the organisation and composition of the Board of Appeal of the European Aviation Safety Agency.

No 2111/2005

Regulation of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC.

No 473/2006

Commission Regulation of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council.

No 474/2006

Commission Regulation of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council, as last amended by:

—	Commission Implementing Regulation (EU) 2015/2322.

No 1332/2011

Commission Regulation of 16 December 2011 laying down common airspace usage requirements and operating procedures for airborne collision avoidance.

No 646/2012

Commission Implementing Regulation of 16 July 2012 laying down detailed rules on fines and periodic penalty payments pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.

No 748/2012

Commission Regulation of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations, as amended by:

—	Commission Regulation (EU) No 7/2013,

—	Commission Regulation (EU) No 69/2014,

—	Commission Regulation (EU) 2015/1039.

No 965/2012

Commission Regulation of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, as amended by:

—	Commission Regulation (EU) No 800/2013,

—	Commission Regulation (EU) No 71/2014,

—	Commission Regulation (EU) No 83/2014,

—	Commission Regulation (EU) No 379/2014,

—	Commission Regulation (EU) 2015/140,

—	Commission Regulation (EU) 2015/1329,

—	Commission Regulation (EU) 2015/640.

No 2012/780

Commission Decision of 5 December 2012 on access rights to the European Central Repository of Safety Recommendations and their responses established by Article 18(5) of Regulation (EU) No 996/2010 of the European Parliament and of the Council on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC.

No 628/2013

Commission Implementing Regulation of 28 June 2013 on working methods of the European Aviation Safety Agency for conducting standardisation inspections and for monitoring the application of the rules of Regulation (EC) No 216/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 736/2006.

No 139/2014

Commission Regulation of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.

No 319/2014

Commission Regulation of 27 March 2014 on the fees and charges levied by the European Aviation Safety Agency, and repealing Regulation (EC) No 593/2007.

No 452/2014

Commission Regulation of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.

No 1321/2014

Commission Regulation of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, as amended by:

—	Commission Regulation (EU) 2015/1088,

—	Commission Regulation (EU) 2015/1536.

No 2015/340

Commission Regulation of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011.

No 2015/640

Commission Regulation of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012.

No 2015/1018

Commission Implementing Regulation of 29 June 2015 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council.

4.   Aviation Security

No 300/2008

Regulation of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002.

No 272/2009

Commission Regulation of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council, as amended by:

—	Commission Regulation (EU) No 297/2010,

—	Commission Regulation (EU) No 720/2011,

—	Commission Regulation (EU) No 1141/2011,

—	Commission Regulation (EU) No 245/2013.

No 1254/2009

Commission Regulation of 18 December 2009 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures.

No 18/2010

Commission Regulation of 8 January 2010 amending Regulation (EC) No 300/2008 of the European Parliament and of the Council as far as specifications for national quality control programmes in the field of civil aviation security are concerned.

No 72/2010

Commission Regulation of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security.

No 2015/1998

Commission Implementing Regulation of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security, as amended by:

—	Commission Implementing Regulation (EU) 2015/2426.

No 2015/8005

Commission Implementing Decision of 16 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security containing information, as referred to in point (a) of Article 18 of Regulation (EC) No 300/2008.

5.   Air traffic management

No 549/2004

Regulation of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the Single European Sky (the Framework Regulation), as amended by:

—	Regulation (EC) No 1070/2009.

The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 6, 8, 10, 11 and 12.

Article 10 shall be amended as follows:

In paragraph 2, the words ‘at Community level’ should be replaced by words ‘at Community level, involving Switzerland’.

Notwithstanding the horizontal adjustment referred to in the second indent of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport, the references to the ‘Member States’ made in Article 5 of Regulation (EC) No 549/2004 or in the provisions of Decision 1999/468/EC mentioned in that provision shall not be understood to apply to Switzerland.

No 550/2004

Regulation of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky (the Service Provision Regulation), as amended by:

—	Regulation (EC) No 1070/2009.

The Commission shall enjoy towards Switzerland the powers granted to it pursuant to Articles 9a, 9b, 15, 15a, 16 and 17.

The provisions of the Regulation shall, for the purposes of this Agreement, be amended as follows:

(a)	Article 3 shall be amended as follows: In paragraph 2, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’.

(b)	Article 7 is amended as follows: In paragraph 1 and paragraph 6, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’.

(c)	Article 8 is amended as follows: In paragraph 1, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’.

(d)	Article 10 is amended as follows: In paragraph 1, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’.

(e)	Article 16(3) is replaced by the following: ‘3.   The Commission shall address its decision to the Member States and inform the service provider thereof, in so far as it is legally concerned.’

No 551/2004

Regulation of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the Single European Sky (the Airspace Regulation), as amended by:

—	Regulation (EC) No 1070/2009.

The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 3a, 6 and 10.

No 552/2004

Regulation of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the Interoperability Regulation), as amended by:

—	Regulation (EC) No 1070/2009.

The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 4, 7 and 10(3).

The provisions of the Regulation shall, for the purposes of this Agreement, be amended as follows:

(a)	Article 5 is amended as follows: In paragraph 2, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’.

(b)	Article 7 is amended as follows: In paragraph 4, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’.

(c)	Annex III shall be amended as follows: In section 3, second and last indents, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’.

No 2150/2005

Commission Regulation of 23 December 2005 laying down common rules for the flexible use of airspace.

No 1033/2006

Commission Regulation of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the Single European Sky, as amended by:

—	Commission Implementing Regulation (EU) No 923/2012,

—	Commission Implementing Regulation (EU) No 428/2013.

No 1032/2006

Commission Regulation of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units, as amended by:

—	Commission Regulation (EC) No 30/2009.

No 730/2006

Commission Regulation of 11 May 2006 on airspace classification and access of flights operated under visual flight rules above flight level 195, as amended by:

—	Commission Implementing Regulation (EU) No 923/2012.

No 219/2007

Council Regulation of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR), as amended by:

—	Council Regulation (EC) No 1361/2008,

—	Council Regulation (EU) No 721/2014.

No 633/2007

Commission Regulation of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units, as amended by:

—	Commission Regulation (EU) No 283/2011.

No 482/2008

Commission Regulation of 30 May 2008 establishing a software safety assurance system to be implemented by air navigation service providers and amending Annex II to Regulation (EC) No 2096/2005.

No 29/2009

Commission Regulation of 16 January 2009 laying down requirements on data link services for the Single European Sky, as amended by:

—	Commission Implementing Regulation (EU) 2015/310.

The text of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:

‘Switzerland UIR’ is added in Annex I, part A.

No 262/2009

Commission Regulation of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the Single European Sky

No 73/2010

Commission Regulation of 26 January 2010 laying down requirements on the quality of aeronautical data and aeronautical information for the Single European Sky, as amended by:

—	Commission Implementing Regulation (EU) No 1029/2014.

No 255/2010

Commission Regulation of 25 March 2010 laying down common rules on air traffic flow management, as amended by:

—	Commission Implementing Regulation (EU) No 923/2012.

No C(2010)5134

Commission Decision of 29 July 2010 on the designation of the Performance Review Body of the Single European Sky.

No 2014/672

Commission Implementing Decision of 24 September 2014 on the extension of the designation of the Performance Review Body of the single European sky.

No 176/2011

Commission Regulation of 24 February 2011 on the information to be provided before the establishment and modification of a functional airspace block.

No 677/2011

Commission Regulation of 7 July 2011 laying down detailed rules for the implementation of air traffic management (ATM) network functions and amending Regulation (EU) No 691/2010, as amended by:

—	Commission Implementing Regulation (EU) No 970/2014.

No 2011/4130

Commission Decision of 7 July 2011 on the nomination of the Network Manager for the air traffic management (ATM) network functions of the single European sky.

No 1034/2011

Commission Implementing Regulation of 17 October 2011 on safety oversight in air traffic management and air navigation services and amending Regulation (EU) No 691/2010.

No 1035/2011

Commission Implementing Regulation of 17 October 2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) No 482/2008 and (EU) No 691/2010, as amended by:

—	Commission Implementing Regulation (EU) No 923/2012,

—	Commission Implementing Regulation (EU) No 448/2014.

No 1206/2011

Commission Implementing Regulation of 22 November 2011 laying down requirements on aircraft identification for surveillance for the single European sky.

The text of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:

‘Switzerland UIR’ is added in Annex I.

No 1207/2011

Commission Implementing Regulation of 22 November 2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky, as amended by:

—	Commission Implementing Regulation (EU) No 1028/2014.

No 923/2012

Commission Implementing Regulation of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010, as amended by:

—	Commission Regulation (EU) 2015/340.

No 1079/2012

Commission Implementing Regulation of 16 November 2012 laying down requirements for voice channels spacing for the single European sky, as amended by:

—	Commission Implementing Regulation (EU) No 657/2013.

No 390/2013

Commission Implementing Regulation of 3 May 2013 laying down a performance scheme for air navigation services and network functions.

No 391/2013

Commission Implementing Regulation of 3 May 2013 laying down a common charging scheme for air navigation services.

No 409/2013

Commission Implementing Regulation of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan.

No 2014/132

Commission Implementing Decision of 11 March 2014 setting the Union-wide performance targets for the air traffic management network and alert thresholds for the second reference period 2015-19.

No 716/2014

Commission Implementing Regulation of 27 June 2014 on the establishment of the Pilot Common Project supporting the implementation of the European Air Traffic Management Master Plan.

6.   Environment and noise

No 2002/30

Directive of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (Articles 1-12, and 14-18).

(The amendments to Annex I, arising from Annex II, Chapter 8 (Transport policy), Section G (Air transport), point 2 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, shall apply).

No 89/629

Council Directive of 4 December 1989 on the limitation of noise emissions from civil subsonic jet aeroplanes.

(Articles 1-8)

No 2006/93

Directive of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988).

7.   Consumer protection

No 90/314

Council Directive of 13 June 1990 on package travel, package holidays and package tours.

(Articles 1-10)

No 93/13

Council Directive of 5 April 1993 on unfair terms in consumer contracts.

(Articles 1-11)

No 2027/97

Council Regulation of 9 October 1997 on air carrier liability in the event of accidents (Articles 1-8), as amended by:

—	Regulation (EC) No 889/2002.

No 261/2004

Regulation of the Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91

(Articles 1-18).

No 1107/2006

Regulation of the European Parliament and of the Council of 5 July 2006 concerning the right of disabled persons and persons with reduced mobility when travelling by air.

8.   Miscellaneous

No 2003/96

Council Directive of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity

(Article 14(1)(b), and Article 14(2).

9.   Annexes

A	:	Protocol on the Privileges and Immunities of the European Union.
B	:	Provisions on financial control by the European Union as regards Swiss participants in activities of the EASA.

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(1)  OJ L 243, 27.9.2003, p. 6.