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name: commission implementing decision (eu) 2016/2319 of 16 december 2016 confirming or amending the provisional calculation of the average specific emission of co2 and specific emissions targets for manufacturers of passenger cars for the calendar year 2015 pursuant to regulation (ec) no 443/2009 of the european parliament and of the council (notified under document c(2016) 8579) type: decision_impl subject matter: environmental policy; technology and technical regulations; land transport; deterioration of the environment; mechanical engineering; organisation of transport date published: 2016-12-20 20.12.2016 en official journal of the european union l 345/74 commission implementing decision (eu) 2016/2319 of 16 december 2016 confirming or amending the provisional calculation of the average specific emission of co2 and specific emissions targets for manufacturers of passenger cars for the calendar year 2015 pursuant to regulation (ec) no 443/2009 of the european parliament and of the council (notified under document c(2016) 8579) (only the bulgarian, dutch, english, french, german, italian, and swedish texts are authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 443/2009 of the european parliament and of the council of 23 april 2009 setting emission performance standards for new passenger cars as part of the community's integrated approach to reduce co2 emissions from light-duty vehicles (1), and in particular the second subparagraph of article 8(5) thereof, whereas: (1) in accordance with regulation (ec) no 443/2009, the commission is required to calculate each year the average specific emissions of co2 and the specific emissions target for each manufacturer of passenger cars in the union as well as for each pool of manufacturers. on the basis of that calculation, the commission is to determine whether manufacturers and pools have complied with their specific emissions targets. (2) the detailed data to be used for the calculation of the average specific emissions and the specific emissions targets is based on member states' registrations of new passenger cars during the preceding calendar year. (3) all member states submitted the 2015 data to the commission in accordance with article 8(2) of regulation (ec) no 443/2009. where, as a result of the verification of the data by the commission, it was evident that certain data were missing or manifestly incorrect, the commission contacted the member states concerned and, subject to the agreement of those member states, adjusted or completed the data accordingly. where no agreement could be reached with a member state, the provisional data of that member state was not adjusted. (4) on 13 april 2016, the commission published the provisional data and notified 97 manufacturers of the provisional calculations of their average specific emissions of co2 in 2015 and their specific emissions targets. manufacturers were asked to verify the data and to notify the commission of any errors within three months of receipt of the notification. 44 manufacturers submitted notifications of errors within the given time limit. (5) for the remaining 53 manufacturers that did not notify any errors in the datasets or respond otherwise, the provisional data and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed. for four manufacturers all vehicles reported in the provisional dataset were outside the scope of regulation (ec) no 443/2009. (6) the commission has verified the errors notified by the manufacturers and the respective reasons for their correction, and the dataset has been confirmed or amended. (7) in the case of records with missing or incorrect identification parameters, such as the type, variant, version code or the type approval number, the fact that manufacturers cannot verify or correct those records should be taken into account. as a consequence, it is appropriate to apply an error margin to the co2 emissions and mass values of those records. (8) the error margin should be calculated as the difference between the distances to the specific emissions target expressed as the specific emissions target subtracted from the average specific emissions calculated including and excluding those registrations that cannot be verified by the manufacturers. regardless of whether that difference is positive or negative, the error margin should always improve the manufacturer's position with regard to its specific emission target. (9) in accordance with article 10(2) of regulation (ec) no 443/2009, a manufacturer should be considered as compliant with its specific emissions target referred to in article 4 of that regulation where the average emissions indicated in this decision are lower than the specific emissions target, expressed as a negative distance to target. where the average emissions exceed the specific emissions target, an excess emission premium are to be imposed, unless the manufacturer concerned benefits from an exemption from that target or is a member of a pool and the pool complies with its specific emissions target. on that basis, two manufacturers are considered to exceed their specific emissions target for 2015. (10) on 3 november 2015 the volkswagen group made a statement to the effect that irregularities had been found when determining type approval co2 levels of some of their vehicles. while that issue has been thoroughly investigated, the commission nevertheless finds that further clarifications are needed from the volkswagen pool as a whole as well as a confirmation by the relevant national type approval authorities of the absence of any such irregularities. as a consequence the values for the volkswagen pool and its members (audi ag, audi hungaria motor kft., bugatti automobiles s.a.s., dr ing. h.c. f. porsche ag, quattro gmbh, seat s.a., skoda auto a.s., and volkswagen ag) cannot be confirmed or amended. (11) the commission reserves the right to revise the performance of a manufacturer as confirmed or amended by this decision, should the relevant national authorities confirm the existence of irregularities in the co2 emission values used for the purpose of determining the manufacturer's compliance with the specific emissions target. (12) the provisional calculation of the average specific emissions of co2 from new passenger cars registered in 2015, the specific emissions targets and the difference between those two values should be confirmed or amended accordingly, has adopted this decision: article 1 the values relating to the performance of manufacturers, as confirmed or amended for each manufacturer of passenger cars and for each pool of such manufacturers in respect of the 2015 calendar year in accordance with article 8(5) of regulation (ec) no 443/2009, are specified in the annex to this decision. article 2 this decision is addressed to the following individual manufacturers and pools formed in accordance with article 7 of regulation (ec) no 443/2009: (1) alfa romeo s.p.a. c.so giovanni agnelli 200 10135 torino italy (2) alpina burkard bovensiepen gmbh & co., kg alpenstra e 35-37 86807 buchloe germany (3) aston martin lagonda ltd gaydon engineering centre banbury road gaydon warwickshire cv35 0db united kingdom (4) automobiles citroen route de gizy 78943 v lizy-villacoublay cedex france (5) automobiles peugeot route de gizy 78943 v lizy-villacoublay cedex france (6) avtovaz jsc represented in the union by: lada france s.a.s. 13, route nationale 10 78310 coignieres france (7) bentley motors ltd berliner ring 2 38436 wolfsburg germany (8) bluecar sas 31-32 quai de dion bouton 92800 puteaux france (9) bluecar italy s.r.l. foro bonaparte 54 20121 milano (mi) italy (10) bayerische motoren werke ag petuelring 130 80788 m nchen germany (11) bmw m gmbh petuelring 130 80788 m nchen germany (12) byd auto industry company limited represented in the union by: byd europe b.v. 's-gravelandseweg 256 3125 bk schiedam the netherlands (13) caterham cars ltd 2 kennet road dartford kent da1 4qn united kingdom (14) chevrolet italia s.p.a. bahnhofsplatz 1 ipc 39-12 65423 r sselsheim germany (15) fca us llc represented in the union by: fiat chrysler automobiles building 5 ground floor room a8n c.so settembrini, 40 10135 torino italy (16) cng-technik gmbh niehl plant, building imbert 479 henry-ford-stra e 1 50735 k ln germany (17) automobile dacia sa guyancourt 1 avenue du golf 78288 guyancourt cedex france (18) daihatsu motor co. ltd represented in the union by: toyota motor europe avenue du bourget, 60 1140 brussels belgium (19) daimler ag zimmer 229 mercedesstr 137/1 70546 stuttgart germany (20) dfsk motor co. ltd represented in the union by: giotti victoria s.r.l. pisana road, 11/a 50021 barberino val d'elsa (firenze) italy (21) donkervoort automobielen bv pascallaan 96 8218 nj lelystad the netherlands (22) dr motor company srl s.s. 85, venafrana km 37.500 86070 macchia d'isernia italy (23) ferrari s.p.a. via emilia est 1163 41122 modena italy (24) fca italy s.p.a. building 5 ground floor room a8n c.so settembrini, 40 10135 torino italy (25) ford motor company of brazil ltda. represented in the union by: ford werke gmbh niehl plant, building imbert 479 henry-ford-stra e 1 50735 k ln germany (26) ford india private ltd represented in the union by: ford werke gmbh niehl plant, building imbert 479 henry-ford-stra e 1 50735 k ln germany (27) ford motor company of australia ltd represented in the union by: ford werke gmbh niehl plant, building imbert 479 henry-ford-stra e 1 50735 k ln germany (28) ford motor company niehl plant, building imbert 479 henry-ford-stra e 1 50735 k ln germany (29) ford werke gmbh niehl plant, building imbert 479 henry-ford-stra e 1 50735 k ln germany (30) fuji heavy industries ltd represented in the union by: subaru europe nv/sa leuvensesteenweg 555 b/8 1930 zaventem belgium (31) general motors company represented in the union by: adam opel ag bahnhofsplatz 1 ipc 39-12 65423 r sselsheim germany (32) gm korea company represented in the union by: adam opel ag bahnhofsplatz 1 ipc 39-12 65423 r sselsheim germany (33) great wall motor company ltd represented in the union by: great wall motor europe technical center gmbh otto-hahn-str. 5 63128 dietzenbach germany (34) honda automobile (china) co., ltd represented in the union by: aalst office wijngaardveld 1 (noord v) b-9300 aalst belgium (35) honda motor co., ltd represented in the union by: aalst office wijngaardveld 1 (noord v) b-9300 aalst belgium (36) honda turkiye a.s. represented in the union by: aalst office wijngaardveld 1 (noord v) b-9300 aalst belgium (37) honda of the uk manufacturing ltd aalst office wijngaardveld 1 (noord v) b-9300 aalst belgium (38) hyundai motor company represented in the union by: hyundai motor europe gmbh kaiserleipromenade 5 63067 offenbach germany (39) hyundai motor europe gmbh kaiserleipromenade 5 63067 offenbach germany (40) hyundai motor manufacturing czech s.r.o. kaiserleipromenade 5 63067 offenbach germany (41) hyundai motor india ltd represented in the union by: hyundai motor europe gmbh kaiserleipromenade 5 63067 offenbach germany (42) hyundai assan otomotiv sanayi ve ticaret a.s. represented in the union by: hyundai motor europe gmbh kaiserleipromenade 5 63067 offenbach germany (43) isuzu motors limited represented in the union by: isuzu motors europe nv bist 12 b-2630 aartselaar belgium (44) iveco s.p.a. via puglia 35 10156 torino italy (45) jaguar land rover ltd abbey road whitley coventry cv3 4lf united kingdom (46) jiangling motor holding co. ltd represented in the union by: lwmc europe bv berenbroek 3 5707 db helmond the netherlands (47) kia motors corporation represented in the union by: kia motors europe gmbh theodor-heuss-allee 11 60486 frankfurt am main germany (48) kia motors slovakia s.r.o. kia motors europe gmbh theodor-heuss-allee 11 60486 frankfurt am main germany (49) koenigsegg automotive ab valhall park 262 74 ngelholm sweden (50) ktm-sportmotorcycle ag stallhofnerstrasse 3 5230 mattighofen austria (51) lada automobile gmbh erlengrund 7-11 21614 buxtehude germany (52) lada france s.a.s. 13, route nationale 10 78310 coigni res france (53) automobili lamborghini s.p.a. via modena 12 40019 sant'agata bolognese (bo) italy (54) litex motors ad 3 lachezar stanchev str., 2nd floor, 1706 sofia bulgaria (55) lotus cars ltd hethel norwich norfolk nr14 8ez united kingdom (56) magyar suzuki corporation ltd legal department suzuki allee 7 64625 bensheim germany (57) mahindra & mahindra ltd represented in the union by: mahindra europe s.r.l. via cancelliera 35 00040 ariccia (roma) italy (58) maruti suzuki india ltd represented in the union by: suzuki deutschland gmbh legal department suzuki allee 7 64625 bensheim germany (59) maserati s.p.a. viale ciro menotti 322 41122 modena italy (60) mazda motor corporation represented in the union by: mazda motor europe gmbh european r & d centre hiroshimastr 1 61440 oberursel/ts germany (61) mclaren automotive ltd chertsey road woking surrey gu21 4yh united kingdom (62) mercedes-amg gmbh mercedesstr 137/1 zimmer 229 hpc f 403 70327 stuttgart germany (63) mg motor uk ltd international hq q gate low hill lane birmingham b31 2bq united kingdom (64) micro-vett s.r.l via lago maggiore, 48 36077 altavilla vicentina (vi) italy (65) mitsubishi motors corporation mmc represented in the union by: mitsubishi motors europe b.v. mme mitsubishi avenue 21 6121 sh born the netherlands (66) mitsubishi motors europe b.v. mme mitsubishi avenue 21 6121 sh born the netherlands (67) mitsubishi motors thailand co., ltd mmth represented in the union by: mitsubishi motors europe b.v. mme mitsubishi avenue 21 6121 sh born the netherlands (68) morgan technologies ltd pickersleigh road malvern link worcestershire wr14 2ll united kingdom (69) national electric vehicle sweden a.b. saabv gen 5 se-461 38 trollh ttan sweden (70) nissan international sa represented in the union by: renault nissan representation office av des arts 40 1040 brussels belgium (71) adam opel ag bahnhofsplatz 1ipc 39-12 65423 r sselsheim germany (72) pagani automobili s.p.a. via dell' artigianato 5 41018 san cesario sul panaro (modena) italy (73) perodua manufacturing sdn bhd represented in the union by: perodua uk limited suite 7 queensgate house 18 cookham road maidenhead berkshire sl6 8bd united kingdom (74) pgo automobiles za de la pyramide 30380 saint-christol-les-al s france (75) radical motorsport ltd 24 ivatt way business park westwood peterborough pe3 7pg united kingdom (76) renault s.a.s. guyancourt 1 avenue du golf 78288 guyancourt cedex france (77) renault trucks 99 route de lyon ter l10 0 01 69802 saint-priest cedex france (78) rolls-royce motor cars ltd petuelring 130 80788 m nchen germany (79) secma s.a.s. rue denfert-rochereau 59580 aniche france (80) ssangyong motor company represented in the union by: ssangyong motor europe office herriotstrasse 1 60528 frankfurt am main germany (81) suzuki motor corporation represented in the union by: suzuki deutschland gmbh legal department suzuki allee 7 64625 bensheim germany (82) suzuki motor thailand co. ltd represented in the union by: suzuki deutschland gmbh legal department suzuki allee 7 64625 bensheim germany (83) tata motors ltd represented in the union by: tata motors european technical centre plc. international automotive research centre university of warwick coventry cv4 7al united kingdom (84) tazzari gl s.p.a. via selice provinciale 42/e 40026 imola bologna italy (85) tesla motors ltd represented in the union by: tesla motors nl 7-9 atlasstraat 5047 rg tilburg the netherlands (86) toyota motor europe nv/sa avenue du bourget 60 1140 brussels belgium (87) volvo car corporation vak building assar gabrielssons v g 405 31 g teborg sweden (88) westfield sports cars unit 1 gibbons industrial park dudley road kingswinford dy6 8xf united kingdom (89) wiesmann gmbh an der lehmkuhle 87 48249 d lmen germany (90) pool for: bmw group petuelring 130 80788 m nchen germany (91) pool for: daimler ag mercedesstr 137/1 zimmer 229 70546 stuttgart germany (92) pool for: fca italy s.p.a. building 5 ground floor room a8n c.so settembrini, 40 10135 torino italy (93) pool for: ford-werke gmbh niehl plant, building imbert 479 henry ford strasse 1 50725 k ln germany (94) pool for: general motors bahnhofsplatz 1 ipc 39-12 65423 r sselsheim germany (95) pool for: honda motor europe ltd 470 london road slough berkshire sl3 8qy united kingdom (96) pool for: hyundai hyundai motor europe gmbh kaiserleipromenade 5 63067 offenbach germany (97) pool for: kia theodor-heuss-allee 11 60486 frankfurt am main germany (98) pool for: mitsubishi motors mitsubishi avenue 21 6121 sh born the netherlands (99) pool renault 1 avenue du golf 78288 guyancourt cedex france (100) suzuki pool suzuki allee 7 64625 bensheim germany (101) pool for: tata motors ltd, jaguar cars ltd, land rover abbey road whitley coventry cv3 4lf united kingdom (102) pool for: toyota-daihatsu group avenue du bourget 60 1140 brussels belgium done at brussels, 16 december 2016. for the commission miguel arias ca ete member of the commission (1) oj l 140, 5.6.2009, p. 1. annex table 1 values relating to the performance of manufacturers confirmed or amended in accordance with the second subparagraph of article 8(5) of regulation (ec) no 443/2009 a b c d e f g h i manufacturer name pools and derogations number of registrations average specific emissions of co2 (100 %) specific emissions target distance to target distance to target adjusted average mass average co2 emissions (100 %) alfa romeo spa p3 18 961 116,269 128,395 12,126 12,127 1 336,89 116,269 alpina burkard bovensiepen gmbh e co. kg dmd 690 172,174 1 873,54 172,174 aston martin lagonda ltd d 1 449 312,204 310,000 2,204 2,178 1 833,65 312,241 automobiles citroen 618 570 105,713 124,141 18,428 18,428 1 243,79 105,768 automobiles peugeot 857 421 103,659 124,904 21,245 21,245 1 260,49 103,712 avtovaz jsc p10 905 202,287 124,300 77,987 77,987 1 247,28 202,287 bentley motors ltd d 2 251 290,891 298,000 7,109 7,156 2 491,43 290,891 bluecar sas 934 0,000 127,529 127,529 127,529 1 317,92 0,000 bluecar italy srl 258 0,000 124,882 124,882 124,882 1 260,00 0,000 bayerische motoren werke ag p1 886 972 124,883 138,988 14,105 14,196 1 568,67 125,554 bmw m gmbh p1 11 335 197,640 148,016 49,624 48,975 1 766,23 197,642 byd auto industry company limited 9 0,000 179,493 179,493 179,493 2 455,00 0,000 caterham cars limited dmd 103 149,282 626,17 149,282 chevrolet italia spa p5 3 131,667 130,731 0,936 0,936 1 388,00 131,667 fca us llc p3 99 453 158,760 148,516 10,244 10,131 1 777,17 158,768 cng-technik gmbh p4 18 375 115,794 122,176 6,382 6,413 1 200,80 115,892 automobile dacia sa p10 378 487 122,694 122,337 0,357 0,357 1 204,33 122,694 daimler ag p2 800 292 124,079 138,620 14,541 14,795 1 560,62 124,623 dfsk motor co. ltd dmd 3 184,000 1 251,33 184,000 donkervoort automobielen bv dmd 5 178,000 865,00 178,000 dr motor company srl dmd 435 145,848 1 187,63 145,848 ferrari spa d 2 250 299,448 295,000 4,448 4,448 1 696,77 299,448 fca italy spa p3 703 652 116,300 120,249 3,949 3,953 1 158,63 116,300 ford motor company p4 3 521 252,307 146,403 105,904 105,790 1 730,93 252,307 ford-werke gmbh p4 993 376 117,701 128,204 10,503 10,508 1 332,69 117,701 fuji heavy industries ltd nd 29 538 159,924 164,616 4,692 4,692 1 622,52 159,924 general motors company p5 1 383 281,883 154,339 127,544 127,544 1 904,58 282,343 gm korea company p5 1 391 126,398 125,077 1,321 1,321 1 264,27 126,398 great wall motor company limited dmd 62 184,113 1 745,19 184,113 honda automobile china co. ltd p6 380 124,718 119,495 5,223 5,223 1 142,13 124,718 honda motor co. ltd p6 19 845 119,878 125,749 5,871 5,871 1 278,98 119,878 honda turkiye as p6 691 155,174 126,494 28,680 28,680 1 295,28 155,174 honda of the uk manufacturing ltd p6 104 589 133,387 133,699 0,312 0,312 1 452,94 133,387 hyundai motor company p7 64 425 134,125 136,218 2,093 2,093 1 508,07 134,232 hyundai assan otomotiv sanayi ve ticaret as p7 155 198 113,524 116,604 3,080 3,080 1 078,87 113,524 hyundai motor manufacturing czech sro p7 236 926 134,525 133,738 0,787 0,787 1 453,80 134,525 hyundai motor europe gmbh p7 5 97,800 118,529 20,729 20,729 1 121,00 97,800 hyundai motor india ltd p7 1 156 114,454 117,769 3,315 3,315 1 104,37 114,454 isuzu motors ltd dmd 13 209,462 2 054,08 209,462 jaguar land rover limited p12/nd 172 731 164,029 178,025 13,996 13,996 1 996,54 164,029 jiangling motor holding co. ltd dmd 1 137,000 1 355,00 137,000 kia motors corporation p8 228 169 120,295 127,138 6,843 6,843 1 309,37 121,589 kia motors slovakia sro p8 151 870 137,690 133,038 4,652 4,652 1 438,48 137,690 koenigsegg automotive ab dmd 2 370,500 1 397,50 370,500 ktm-sportmotorcycle ag dmd 33 191,788 904,55 191,788 lada automobile gmbh dmd 900 216,190 1 285,00 216,190 lada france sas p10 1 179,000 129,452 49,548 49,548 1 360,00 179,000 automobili lamborghini spa d 693 317,201 325,000 7,799 7,920 1 663,87 317,201 litex motors ad dmd 25 180,120 1 724,60 180,120 lotus cars limited dmd 694 203,032 1 187,26 203,032 magyar suzuki corporation ltd p11/nd 125 532 120,485 123,114 2,629 2,630 1 160,99 120,485 mahindra & mahindra ltd dmd 410 177,888 1 896,87 177,888 maruti suzuki india ltd p11/nd 5 278 97,890 123,114 25,224 25,224 931,84 97,890 maserati spa d 5 336 195,311 255,000 59,689 59,689 1 973,32 195,311 mazda motor corporation nd 194 752 126,779 129,426 2,647 2,647 1 362,10 126,779 mclaren automotive limited d 325 267,446 275,000 7,554 7,554 1 526,25 267,446 mercedes-amg gmbh p2 3 832 208,663 144,858 63,805 63,712 1 697,11 208,685 mg motor uk limited d 3 114 133,934 146,000 12,066 12,066 1 309,64 133,934 micro-vett srl 1 0,000 128,263 128,263 128,263 1 334,00 0,000 mitsubishi motors corporation mmc p9 95 403 104,631 142,028 37,397 37,402 1 635,19 113,834 mitsubishi motors europe bv mme p9 1 125,000 113,457 11,543 11,543 1 010,00 125,000 mitsubishi motors thailand co. ltd mmth p9 27 831 96,744 109,703 12,959 12,974 927,87 96,804 morgan technologies ltd dmd 427 193,948 1 086,30 193,948 national electric vehicle sweden dmd 129 200,000 1 614,00 200,000 nissan international sa 548 682 113,778 129,730 15,952 15,952 1 366,10 115,106 adam opel ag p5 915 120 126,775 130,695 3,920 3,920 1 387,20 126,785 pagani automobili spa dmd 1 349,000 1 487,00 349,000 perodua manufacturing sdn bhd dmd 2 137,000 1 010,00 137,000 pgo automobiles dmd 19 174,158 1 007,16 174,158 radical motorsport ltd dmd 4 314,500 1 073,50 314,500 renault sas p10 984 980 105,304 125,023 19,719 19,719 1 263,09 106,191 renault trucks dmd 22 183,000 2 209,68 183,000 rolls-royce motor cars ltd p1 553 331,461 181,335 150,126 150,076 2 495,30 331,461 secma sas dmd 35 132,600 658,00 132,600 ssangyong motor company d 13 225 165,625 180,000 14,375 14,375 1 704,98 165,625 suzuki motor corporation p11/nd 12 654 164,370 123,114 41,256 41,256 1 161,70 164,370 suzuki motor thailand co. ltd p11/nd 25 442 96,326 123,114 26,788 26,788 882,30 96,326 tata motors limited p12/nd 315 185,238 178,025 7,213 7,213 2 068,79 185,238 tazzari gl spa 2 0,000 99,838 99,838 99,838 712,00 0,000 tesla motors ltd 9 284 0,000 167,440 167,440 167,440 2 191,26 0,000 toyota motor europe nv sa p13 585 317 108,264 127,386 19,122 19,257 1 314,81 108,309 volvo car corporation 266 318 120,670 145,148 24,478 24,478 1 703,46 121,828 westfield sports cars dmd 2 177,500 715,00 177,500 wiesmann gmbh dmd 5 281,800 1 423,00 281,800 table 2 values relating to the performance of pools confirmed or amended in accordance with the second subparagraph of article 8(5) of regulation (ec) no 443/2009 a b c d e f g h i pool names pool number of registrations average specific emissions of co2 (100 %) specific emissions target distance to target distance to target adjusted average mass average co2 emissions (100 %) bmw group p1 898 860 125,921 139,128 13,207 13,368 1 571,73 126,589 daimler ag p2 804 124 124,48 138,650 14,170 14,424 1 561,27 125,023 fca italy spa p3 822 066 121,436 123,857 2,421 2,439 1 237,57 121,437 ford-werke gmbh p4 1 015 279 118,133 128,158 10,025 10,034 1 331,69 118,135 general motors p5 917 897 127,008 130,722 3,714 3,714 1 387,8 127,018 honda motor europe ltd p6 125 505 131,344 132,359 1,015 1,015 1 423,63 131,344 hyundai p7 457 710 127,297 128,237 0,940 0,940 1 333,42 127,312 kia p8 380 039 127,201 129,496 2,295 2,295 1 360,97 128,023 mitsubishi motors p9 123 235 103,033 134,727 31,694 31,701 1 475,44 109,988 renault p10 1 364 373 110,163 124,277 14,114 14,114 1 246,78 110,833 suzuki pool p11/nd 168 906 119,428 129,426 9,998 9,999 1 111,9 119,428 tata motors ltd, jaguar cars ltd, land rover p12/nd 173 046 164,067 178,025 13,958 13,958 1 996,67 164,067 toyota-daihatsu group p13 585 317 108,264 127,386 19,122 19,257 1 314,81 108,309 explanatory notes to tables 1 and 2 column a: table 1: manufacturer name means the name of the manufacturer as notified to the commission by the manufacturer concerned or, where no such notification has taken place, the name registered by the registration authority of the member state. table 2: pool name means the name of the pool declared by the pool manager. column b: d means that a derogation relating to a small volume manufacturer has been granted in accordance with article 11(3) of regulation (ec) no 443/2009 with effect for the calendar year 2015; nd means that a derogation relating to a niche manufacturer has been granted in accordance with article 11(4) of regulation (ec) no 443/2009 with effect for the calendar year 2015; dmd means that a de minimis exemption applies in accordance with article 2(4) of regulation (ec) no 443/2009, i.e. a manufacturer which together with all its connected undertakings was responsible for fewer than 1 000 new registered vehicles in 2015 does not have to meet a specific emissions target; p means that the manufacturer is a member of a pool (listed in table 2) formed in accordance with article 7 of regulation (ec) no 443/2009 and the pooling agreement is valid for calendar year 2015. column c: number of registrations means the total number of new cars registered by member states in a calendar year, not counting those registrations that relate to records where the values for mass and/or co2 are missing and those records which the manufacturer does not recognise. the number of registrations reported by member states may otherwise not be changed. column d: average specific emissions of co2 (100 %) means the average specific emissions of co2 that have been calculated on the basis of 100 % of the vehicles attributed to the manufacturer. where appropriate, the average specific emissions of co2 take into account the errors notified to the commission by the manufacturer concerned. the records used for the calculation includes those that contain a valid value for mass and co2 emissions. the average specific emissions of co2 include emission reductions resulting from the provisions on super-credits in article 5 of regulation (ec) no 443/2009, the use of e85 in article 6 of that regulation or eco-innovations in article 12 of that regulation. column e: specific emissions target means the emissions target calculated on the basis of the average mass of all vehicles attributed to a manufacturer applying the formula set out in annex i to regulation (ec) no 443/2009. column f: distance to target means the difference between the average specific emissions specified in column d and the specific emissions target in column e. where the value in column f is positive the average specific emissions exceed the specific emissions target. column g: distance to target adjusted means that where the values in this column are different from those in column f, the values in that column have been adjusted to take into account an error margin. the error margin only applies if the manufacturer has notified the commission of records with the error code b as set out in article 9(3) of commission regulation (eu) no 1014/2010 (1). the error margin is calculated in accordance with the following formula: error = absolute value of [(ac1 tg1) (ac2 tg2)] ac1 = the average specific emissions of co2 including the unidentifiable vehicles (as set out in column d); tg1 = the specific emissions target including the unidentifiable vehicles (as set out in column e); ac2 = the average specific emissions of co2 excluding the unidentifiable vehicles; tg2 = the specific emissions target excluding the unidentifiable vehicles. column i: average co2 emissions (100 %) means the average specific emissions of co2 that have been calculated on the basis of 100 % of the vehicles attributed to the manufacturer. where appropriate, the average specific emissions of co2 take into account the errors notified to the commission by the manufacturer concerned. the records used for the calculation includes those that contain a valid value for mass and co2 emission but exclude emission reductions resulting from the provisions on super-credits in article 5 of regulation (ec) no 443/2009, the use of e85 in article 6 of that regulation or eco-innovations in article 12 of that regulation. (1) commission regulation (eu) no 1014/2010 of 10 november 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to regulation (ec) no 443/2009 of the european parliament and of the council (oj l 293, 11.11.2010, p. 15).

name: council decision (eu) 2016/2313 of 8 december 2016 authorising certain member states to accept, in the interest of the european union, the accession of the republic of korea to the 1980 hague convention on the civil aspects of international child abduction type: decision subject matter: social affairs; international affairs; criminal law; economic geography; family; asia and oceania; demography and population date published: 2016-12-20 20.12.2016 en official journal of the european union l 345/59 council decision (eu) 2016/2313 of 8 december 2016 authorising certain member states to accept, in the interest of the european union, the accession of the republic of korea to the 1980 hague convention on the civil aspects of international child abduction the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 81(3) in conjunction with article 218 thereof, having regard to the proposal from the european commission, having regard to the opinion of the european parliament (1), whereas: (1) the european union has set as one of its aims the promotion of the protection of the rights of the child, as stated in article 3 of the treaty on european union. measures for the protection of children against wrongful removal or retention are an essential part of that policy. (2) the council adopted regulation (ec) no 2201/2003 (2) (brussels iia regulation), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the state of their habitual residence, as well as to secure the protection of rights of access and rights of custody. (3) the brussels iia regulation complements and reinforces the hague convention of 25 october 1980 on the civil aspects of international child abduction (the 1980 hague convention) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children. (4) all member states of the union are party to the 1980 hague convention. (5) the union encourages third states to accede to the 1980 hague convention and supports the correct implementation of the 1980 hague convention by participating, along with the member states, inter alia, in the special commissions organised on a regular basis by the hague conference on private international law. (6) a common legal framework applicable between member states of the union and third states could be the best solution to sensitive cases of international child abduction. (7) the 1980 hague convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession. (8) the 1980 hague convention does not allow regional economic integration organisations such as the union to become party to it. therefore, the union cannot accede to that convention, nor can it deposit a declaration of acceptance of an acceding state. (9) pursuant to opinion 1/13 of the court of justice of the european union, declarations of acceptance under the 1980 hague convention fall within the exclusive external competence of the union. (10) the republic of korea deposited its instrument of accession to the 1980 hague convention on 13 december 2012. the 1980 hague convention entered into force for the republic of korea on 1 march 2013. (11) several member states have already accepted the accession of the republic of korea to the 1980 hague convention. an assessment of the situation in the republic of korea has led to the conclusion that those member states that have not yet accepted the accession of the republic of korea, are in a position to accept, in the interest of the union, the accession of the republic of korea under the terms of the 1980 hague convention. (12) the member states that have not yet accepted the accession of the republic of korea should therefore be authorised to deposit their declarations of acceptance of accession of the republic of korea in the interest of the union in accordance with the terms set out in this decision. the czech republic, ireland and the republic of lithuania which have already accepted the accession of the republic of korea to the 1980 hague convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law. (13) the united kingdom and ireland are bound by the brussels iia regulation and are taking part in the adoption and application of this decision. (14) in accordance with articles 1 and 2 of protocol no 22 on the position of denmark, annexed to the treaty on european union and to the treaty on the functioning of the european union, denmark is not taking part in the adoption of this decision and is not bound by it or subject to its application, has adopted this decision: article 1 1. the member states that have not yet done so are hereby authorised to accept the accession of the republic of korea to the hague convention of 25 october 1980 on the civil aspects of international child abduction (the 1980 hague convention) in the interest of the union. 2. member states referred to in paragraph 1 shall, no later than 9 december 2017, deposit a declaration of acceptance of the accession of the republic of korea to the 1980 hague convention in the interest of the union worded as follows: [full name of member state] declares that it accepts the accession of the republic of korea to the hague convention of 25 october 1980 on the civil aspects of international child abduction, in accordance with council decision (eu) 2016/2313. 3. each member state shall inform the council and the commission of the deposit of its declaration of acceptance of the accession of the republic of korea and communicate to the commission the text of the declaration within two months of its deposit. article 2 those member states which deposited their declarations of acceptance of the accession of the republic of korea to the 1980 hague convention prior to the date of adoption of this decision, shall not deposit new declarations. article 3 this decision shall enter into force on the day following that of its publication in the official journal of the european union. article 4 this decision is addressed to all member states with the exception of the czech republic, the kingdom of denmark, ireland and the republic of lithuania. done at brussels, 8 december 2016. for the council the president l. it ansk (1) opinion of the european parliament of 5 october 2016 (not yet published in the official journal). (2) council regulation (ec) no 2201/2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing regulation (ec) no 1347/2000 (oj l 338, 23.12.2003, p. 1).

name: council decision (eu) 2016/2312 of 8 december 2016 authorising the republic of austria and romania to accept, in the interest of the european union, the accession of peru to the 1980 hague convention on the civil aspects of international child abduction type: decision subject matter: family; international affairs; europe; criminal law; america; demography and population date published: 2016-12-20 20.12.2016 en official journal of the european union l 345/56 council decision (eu) 2016/2312 of 8 december 2016 authorising the republic of austria and romania to accept, in the interest of the european union, the accession of peru to the 1980 hague convention on the civil aspects of international child abduction the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 81(3) in conjunction with article 218 thereof, having regard to the proposal from the european commission, having regard to the opinion of the european parliament (1), whereas: (1) the european union has set as one of its aims the promotion of the protection of the rights of the child, as stated in article 3 of the treaty on european union. measures for the protection of children against wrongful removal or retention are an essential part of that policy. (2) the council adopted regulation (ec) no 2201/2003 (2) (brussels iia regulation), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the state of their habitual residence, as well as to secure the protection of rights of access and rights of custody. (3) the brussels iia regulation complements and reinforces the hague convention of 25 october 1980 on the civil aspects of international child abduction (the 1980 hague convention) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children. (4) all member states of the union are party to the 1980 hague convention. (5) the union encourages third states to accede to the 1980 hague convention and supports the correct implementation of the 1980 hague convention by participating, along with the member states, inter alia, in the special commissions organised on a regular basis by the hague conference on private international law. (6) a common legal framework applicable between member states of the union and third states could be the best solution to sensitive cases of international child abduction. (7) the 1980 hague convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession. (8) the 1980 hague convention does not allow regional economic integration organisations such as the union to become party to it. therefore, the union cannot accede to that convention, nor can it deposit a declaration of acceptance of an acceding state. (9) pursuant to opinion 1/13 of the court of justice of the european union, declarations of acceptance under the 1980 hague convention fall within the exclusive external competence of the union. (10) peru deposited its instrument of accession to the 1980 hague convention on 28 april 2001. the 1980 hague convention entered into force for peru on 1 august 2001. (11) all member states, with the exception of the republic of austria, the kingdom of denmark and romania, have already accepted the accession of peru to the 1980 hague convention. an assessment of the situation in peru has led to the conclusion that the republic of austria and romania are in a position to accept, in the interest of the union, the accession of peru under the terms of the 1980 hague convention. (12) the republic of austria and romania should therefore be authorised to deposit their declarations of acceptance of accession of peru in the interest of the union in accordance with the terms set out in this decision. the other member states of the union which have already accepted the accession of peru to the 1980 hague convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law. (13) the united kingdom and ireland are bound by the brussels iia regulation and are taking part in the adoption and application of this decision. (14) in accordance with articles 1 and 2 of protocol no 22 on the position of denmark, annexed to the treaty on european union and to the treaty on the functioning of the european union, denmark is not taking part in the adoption of this decision and is not bound by it or subject to its application, has adopted this decision: article 1 1. the republic of austria and romania are hereby authorised to accept the accession of peru to the hague convention of 25 october 1980 on the civil aspects of international child abduction (the 1980 hague convention) in the interest of the union. 2. member states referred to in paragraph 1 shall, no later than 9 december 2017, deposit a declaration of acceptance of the accession of peru to the 1980 hague convention in the interest of the union worded as follows: [full name of member state] declares that it accepts the accession of peru to the hague convention of 25 october 1980 on the civil aspects of international child abduction, in accordance with council decision (eu) 2016/2312. 3. both member states shall inform the council and the commission of the deposit of its declaration of acceptance of the accession of peru and communicate to the commission the text of the declaration within two months of its deposit. article 2 those member states which deposited their declarations of acceptance of the accession of peru to the 1980 hague convention prior to the date of adoption of this decision, shall not deposit new declarations. article 3 this decision shall enter into force on the day following that of its publication in the official journal of the european union. article 4 this decision is addressed to the republic of austria and romania. done at brussels, 8 december 2016. for the council the president l. it ansk (1) opinion of the european parliament of 5 october 2016 (not yet published in the official journal). (2) council regulation (ec) no 2201/2003 of 27 november 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing regulation (ec) no 1347/2000 (oj l 338, 23.12.2003, p. 1).

name: commission implementing decision (eu) 2016/2322 of 19 december 2016 on the format of the statement of completion of ship recycling required under regulation (eu) no 1257/2013 of the european parliament and of the council on ship recycling (text with eea relevance ) type: decision_impl subject matter: deterioration of the environment; maritime and inland waterway transport; environmental policy; cooperation policy; economic geography; information and information processing; technology and technical regulations date published: 2016-12-20 20.12.2016 en official journal of the european union l 345/117 commission implementing decision (eu) 2016/2322 of 19 december 2016 on the format of the statement of completion of ship recycling required under regulation (eu) no 1257/2013 of the european parliament and of the council on ship recycling (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1257/2013 of the european parliament and of the council of 20 november 2013 on ship recycling and amending regulation (ec) no 1013/2006 and directive 2009/16/ec (1), and in particular point (b) of article 13(3) thereof, whereas: (1) regulation (eu) no 1257/2013 lays down requirements for ship recycling companies, ship recycling facilities and operators of ship recycling facilities regarding the recycling of ships flying the flag of a member state of the union. (2) pursuant to article 13(2)(c) of regulation (eu) no 1257/2013, the operator of a ship recycling facility is to send, within 14 days of the date of the total or partial recycling in accordance with the ship recycling plan, a statement of completion to the administration which issued the ready for recycling certificate for the ship. the format of the statement of completion must be consistent with appendix 7 to the international convention for the safe and environmentally sound recycling of ships adopted in hong kong on 15 may 2009 (hong kong convention). (3) pursuant to article 3(6) of regulation (eu) no 1257/2013, ship recycling means the activity of complete or partial dismantling of a ship. a statement of completion of recycling is therefore needed in the event of partial dismantling. the format of the statement of completion refers to a single ship recycling facility. in the event of dismantling of a single ship taking place across several facilities, a separate statement of completion is required for each facility involved in the process. (4) the measures provided for in this decision are in accordance with the opinion of the ship recycling regulation committee established under article 25 of regulation (eu) no 1257/2013, has adopted this decision: article 1 statements of completion of ship recycling required under article 13(2)(c) of regulation (eu) no 1257/2013 shall comply with the format set out in the annex to this decision. article 2 this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at brussels, 19 december 2016. for the commission the president jean-claude juncker (1) oj l 330, 10.12.2013, p. 1. annex text of image statement of completion of ship recycling under regulation (eu) no 1257/2013 of the european parliament and of the council on ship recycling this document is a statement of completion of ship recycling for (name of the ship when it was received for recycling/at the point of deregistration) particulars of the ship as received for recycling distinctive number or letters port of registry gross tonnage imo number name and address of shipowner imo registered owner identification number imo company identification number date of construction this confirms that: the ship has been recycled in accordance with the ship recycling plan and with regulation (eu) no 1257/2013 at (name and location of the authorised ship recycling facility) and that the recycling of the ship in accordance with regulation (eu) no 1257/2013 was completed on (dd/mm/yyyy) (date of completion) issued at (place of issue of the statement of completion) on (dd/mm/yyyy) (date of issue) (signature of the operator or authorised representative of the ship recycling facility)

name: commission implementing decision (eu) 2016/2295 of 16 december 2016 amending decisions 2000/518/ec, 2002/2/ec, 2003/490/ec, 2003/821/ec, 2004/411/ec, 2008/393/ec, 2010/146/eu, 2010/625/eu, 2011/61/eu and implementing decisions 2012/484/eu, 2013/65/eu on the adequate protection of personal data by certain countries, pursuant to article 25(6) of directive 95/46/ec of the european parliament and of the council (notified under document c(2016) 8353) (text with eea relevance ) type: decision_impl subject matter: rights and freedoms; information and information processing; communications; information technology and data processing; cooperation policy date published: 2016-12-17 17.12.2016 en official journal of the european union l 344/83 commission implementing decision (eu) 2016/2295 of 16 december 2016 amending decisions 2000/518/ec, 2002/2/ec, 2003/490/ec, 2003/821/ec, 2004/411/ec, 2008/393/ec, 2010/146/eu, 2010/625/eu, 2011/61/eu and implementing decisions 2012/484/eu, 2013/65/eu on the adequate protection of personal data by certain countries, pursuant to article 25(6) of directive 95/46/ec of the european parliament and of the council (notified under document c(2016) 8353) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to 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 (1), and in particular article 25(6) thereof, after consulting the european data protection supervisor, whereas: (1) in its judgment of 6 october 2015 in case c-362/14 maximillian schrems v data protection commissioner (2) the court of justice of the european union found that, in adopting article 3 of decision 2000/520/ec (3), the commission exceeded the power which is conferred upon it in article 25(6) of directive 95/46/ec, read in the light of the charter of fundamental rights of the european union, and declared article 3 of that decision invalid. (2) article 3(1) first subparagraph of decision 2000/520/ec laid down restrictive conditions under which national supervisory authorities could decide to suspend data flows to a u.s. self-certified company, notwithstanding the commission's adequacy finding. (3) in its schrems judgment, the court of justice clarified that national supervisory authorities remain competent to oversee the transfer of personal data to a third country which has been the subject of a commission adequacy decision and that the commission has no competence to restrict their powers under article 28 of directive 95/46/ec. pursuant to this article, those authorities possess, in particular, investigative powers, such as the power to collect all the information necessary for the performance of their supervisory duties, effective powers of intervention, such as that of imposing a temporary or definitive ban on the processing of data, and the power to engage in legal proceedings (4). (4) the court of justice recalled in the schrems judgment that, in line with the second subparagraph of article 25(6) of directive 95/46/ec, member states and their organs must take the measures necessary to comply with acts of the union institutions, as the latter are in principle presumed to be lawful and accordingly produce legal effects until such time as they are withdrawn, annulled in an action for annulment, or declared invalid following a reference for a preliminary ruling or a plea of illegality. (5) consequently, a commission adequacy decision adopted pursuant to article 25(6) of directive 95/46/ec is binding on all organs of the member states to which it is addressed, including their independent supervisory authorities, in so far as it has the effect of authorising transfers of personal data from the respective member state to the third country covered by it (5). it follows that national supervisory authorities cannot adopt measures contrary to a commission adequacy decision, such as acts declaring that decision invalid or which are intended to determine with binding effect that the third country covered by it does not ensure an adequate level of protection. as clarified by the schrems judgment, this does not prevent a national supervisory authority from examining the claim of an individual concerning the level of protection of personal data ensured in a third country subject to a commission adequacy decision and, where it considers it well founded, to engage in legal proceedings before the national courts, in order for them, if they share the doubts as to the validity of the commission decision, to make a reference for a preliminary ruling for the purpose of examination of the decision's validity (6). (6) commission decisions 2000/518/ec (7), 2002/2/ec (8), 2003/490/ec (9), 2003/821/ec (10), 2004/411/ec (11), 2008/393/ec (12), 2010/146/eu (13), 2010/625/eu (14) and 2011/61/eu (15) and commission implementing decisions 2012/484/eu (16) and 2013/65/eu (17), which are adequacy decisions, contain a limitation on the powers of the national supervisory authorities that is comparable to article 3(1) first subparagraph of decision 2000/520/ec, which the court of justice considered invalid. (7) in the light of the schrems judgment and pursuant to article 266 of the treaty, the provisions in those decisions limiting the powers of national supervisory authorities should therefore be replaced. (8) in the schrems judgment, the court of justice further clarified that, as the level of protection ensured by a third country may be liable to change, it is incumbent on the commission, after it has adopted a decision pursuant to article 25(6) of directive 95/46/ec, to check periodically whether the finding relating to the adequacy of the level of protection ensured by the third country in question is still factually and legally justified (18). in the light of the findings in that judgment as regards access to personal data by public authorities, the rules and practice governing such access should also be monitored. (9) therefore, for those countries for which it has adopted an adequacy decision, the commission will, on an ongoing basis, monitor developments, both in law and in practice, that could affect the functioning of such decisions, including developments concerning access to personal data by public authorities. (10) in order to facilitate the effective monitoring of the functioning of the adequacy decisions currently in force, the commission should be informed by member states about relevant action undertaken by national supervisory authorities. (11) the working party on the protection of individuals with regard to the processing of personal data established under article 29 of directive 95/46/ec has delivered an opinion, which has been taken into account in the preparation of this decision. (12) the measures provided for in this decision are in accordance with the opinion of the committee established under article 31(1) of directive 95/46/ec. (13) decisions 2000/518/ec, 2002/2/ec, 2003/490/ec, 2003/821/ec, 2004/411/ec, 2008/393/ec, 2010/146/eu, 2010/625/eu and 2011/61/eu and implementing decisions 2012/484/eu and 2013/65/eu should therefore be amended accordingly, has adopted this decision: article 1 decision 2000/518/ec is amended as follows: (1) article 3 is replaced by the following: article 3 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to switzerland in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states.; (2) the following article 3a is inserted: article 3a 1. the commission shall, on an ongoing basis, monitor developments in the swiss legal order that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether switzerland continues to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in switzerland fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by swiss public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to in paragraphs 2 and 3 of this article, the commission shall inform the competent swiss authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 2 decision 2002/2/ec is amended as follows: (1) article 3 is replaced by the following: article 3 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to a recipient in canada whose activities fall under the scope of the canadian personal information protection and electronic documents act in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states.; (2) the following article 3a is inserted: article 3a 1. the commission shall, on an ongoing basis, monitor developments in the canadian legal order that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether canada continues to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in canada fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by canadian public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations covered by paragraphs 2 and 3 of this article, the commission shall inform the competent canadian authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 3 decision 2003/490/ec is amended as follows: (1) article 3 is replaced by the following: article 3 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to argentina in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states.; (2) the following article 3a is inserted: article 3a 1. the commission shall, on an ongoing basis, monitor developments in the argentinian legal order that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether argentina continues to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in argentina fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by argentinian public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to in paragraphs 2 and 3 of this article, the commission shall inform the competent argentinian authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 4 articles 3 and 4 of decision 2003/821/ec are replaced by the following: article 3 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to the bailiwick of guernsey in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states. article 4 1. the commission shall, on an ongoing basis, monitor developments in the guernsey legal order that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether guernsey continues to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in guernsey fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by guernsey public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to in paragraphs 2 and 3 of this article, the commission shall inform the competent guernsey authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 5 articles 3 and 4 of decision 2004/411/ec are replaced by the following: article 3 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to the isle of man in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states. article 4 1. the commission shall, on an ongoing basis, monitor developments in the legal order of the isle of man that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether the isle of man continues to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in the isle of man fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by public authorities of the isle of man responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to in paragraphs 2 and 3 of this article, the commission shall inform the competent isle of man authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 6 articles 3 and 4 of decision 2008/393/ec are replaced by the following: article 3 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to jersey in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states. article 4 1. the commission shall, on an ongoing basis, monitor developments in the jersey legal order that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether jersey continues to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in jersey fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by jersey public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to in paragraphs 2 and 3 of this article, the commission shall inform the competent jersey authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 7 articles 3 and 4 of decision 2010/146/eu are replaced by the following: article 3 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to a recipient in the faeroe islands whose activities fall under the scope of the faroese act on processing of personal data in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states. article 4 1. the commission shall, on an ongoing basis, monitor developments in the faeroese legal order that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether the faeroe islands continue to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in the faeroe islands fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by faeroese public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to paragraphs 2 and 3 of this article, the commission shall inform the competent faeroese authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 8 articles 3 and 4 of decision 2010/625/eu are replaced by the following: article 3 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to andorra in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states. article 4 1. the commission shall, on an ongoing basis, monitor developments in the andorran legal order that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether andorra continues to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in andorra fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by andorran public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to in paragraphs 2 and 3 of this article, the commission shall inform the competent andorran authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 9 articles 3 and 4 of decision 2011/61/eu are replaced by the following: article 3 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to the state of israel in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states. article 4 1. the commission shall, on an ongoing basis, monitor developments in the israeli legal order that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether the state of israel continues to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in the state of israel fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by israeli public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to in paragraphs 2 and 3 of this article, the commission shall inform the competent israeli authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 10 articles 2 and 3 of implementing decision 2012/484/eu are replaced by the following: article 2 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to the eastern republic of uruguay in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states. article 3 1. the commission shall, on an ongoing basis, monitor developments in the legal order of the eastern republic of uruguay that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether the eastern republic of uruguay continues to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in the eastern republic of uruguay fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by uruguayan public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to in paragraphs 2 and 3, the commission shall inform the competent uruguayan authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 11 articles 2 and 3 of implementing decision 2013/65/eu are replaced by the following: article 2 whenever the competent authorities in member states exercise their powers pursuant to article 28(3) of directive 95/46/ec leading to the suspension or definitive ban of data flows to new zealand in order to protect individuals with regard to the processing of their personal data, the member state concerned shall, without delay, inform the commission which will forward the information to the other member states. article 3 1. the commission shall, on an ongoing basis, monitor developments in the new zealand legal order that could affect the functioning of this decision, including developments concerning access to personal data by public authorities, with a view to assessing whether new zealand continues to ensure an adequate level of protection of personal data. 2. the member states and the commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standard of protection in new zealand fails to secure such compliance. 3. the member states and the commission shall inform each other of any indications that interferences by new zealand public authorities responsible for national security, law enforcement or other public interests with the right of individuals to the protection of their personal data go beyond what is strictly necessary, or that there is no effective legal protection against such interferences. 4. where evidence shows that an adequate level of protection is no longer ensured, including in situations referred to in paragraphs 2 and 3 of this article, the commission shall inform the competent new zealand authority and, if necessary, propose draft measures in accordance with the procedure referred to in article 31(2) of directive 95/46/ec with a view to repealing or suspending this decision or limiting its scope. article 12 this decision is addressed to the member states. done at brussels, 16 december 2016. for the commission v ra jourov member of the commission (1) oj l 281, 23.11.1995, p. 31. (2) ecli:eu:c:2015:650. (3) commission decision 2000/520/ec of 26 july 2000 pursuant to directive 95/46/ec of the european parliament and of the council on the adequacy of the protection provided by the safe harbour privacy principles and related frequently asked questions issued by the u.s. department of commerce (oj l 215, 25.8.2000, p. 7). (4) schrems, paragraphs 40 et seq., 101 to 103. (5) schrems, paragraphs 51, 52 and 62. (6) schrems, paragraphs 52, 62 and 65. (7) commission decision 2000/518/ec of 26 july 2000 pursuant to directive 95/46/ec of the european parliament and of the council on the adequate protection of personal data provided in switzerland (oj l 215, 25.8.2000, p. 1). (8) commission decision 2002/2/ec of 20 december 2001 pursuant to directive 95/46/ec of the european parliament and of the council on the adequate protection of personal data provided by the canadian personal information protection and electronic documents act (oj l 2, 4.1.2002, p. 13). (9) commission decision 2003/490/ec of 30 june 2003 pursuant to directive 95/46/ec of the european parliament and of the council on the adequate protection of personal data in argentina (oj l 168, 5.7.2003, p. 19). (10) commission decision 2003/821/ec of 21 november 2003 on the adequate protection of personal data in guernsey (oj l 308, 25.11.2003, p. 27). (11) commission decision 2004/411/ec of 28 april 2004 on the adequate protection of personal data in the isle of man (oj l 151, 30.4.2004, p. 48). (12) commission decision 2008/393/ec of 8 may 2008 pursuant to directive 95/46/ec of the european parliament and of the council on the adequate protection of personal data in jersey (oj l 138, 28.5.2008, p. 21). (13) commission decision 2010/146/eu of 5 march 2010 pursuant to directive 95/46/ec of the european parliament and of the council on the adequate protection provided by the faeroese act on processing of personal data (oj l 58, 9.3.2010, p. 17). (14) commission decision 2010/625/eu of 19 october 2010 pursuant to directive 95/46/ec of the european parliament and of the council on the adequate protection of personal data in andorra (oj l 277, 21.10.2010, p. 27). (15) commission decision 2011/61/eu of 31 january 2011 pursuant to directive 95/46/ec of the european parliament and of the council on the adequate protection of personal data by the state of israel with regard to automated processing of personal data (oj l 27, 1.2.2011, p. 39). (16) commission implementing decision 2012/484/eu of 21 august 2012 pursuant to directive 95/46/ec of the european parliament and of the council on the adequate protection of personal data by the eastern republic of uruguay with regard to automated processing of personal data (oj l 227, 23.8.2012, p. 11). (17) commission implementing decision 2013/65/eu of 19 december 2012 pursuant to directive 95/46/ec of the european parliament and of the council on the adequate protection of personal data by new zealand (oj l 28, 30.1.2013, p. 12). (18) schrems, paragraph 76. such a check is required, in any event, when the commission acquires any information giving rise to a justified doubt in that regard.

name: commission implementing decision (eu) 2016/2279 of 15 december 2016 amending the annex to implementing decision (eu) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype h5n8 in certain member states (notified under document c(2016) 8835) (text with eea relevance ) type: decision_impl subject matter: agricultural activity; international trade; europe; natural environment; health; agricultural policy date published: 2016-12-16 16.12.2016 en official journal of the european union l 342/71 commission implementing decision (eu) 2016/2279 of 15 december 2016 amending the annex to implementing decision (eu) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype h5n8 in certain member states (notified under document c(2016) 8835) (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) commission implementing decision (eu) 2016/2122 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype h5n8 in holdings in denmark, germany, hungary, the netherlands, austria and sweden (the concerned member states) and the establishment of protection and surveillance zones by the competent authority of the concerned member states in accordance with council directive 2005/94/ec (4). (2) implementing decision (eu) 2016/2122 provides that the protection and surveillance zones established by the concerned member states in accordance with directive 2005/94/ec are to comprise at least the areas listed as protection and surveillance zones in the annex to that implementing decision. (3) following further outbreaks of avian influenza of subtype h5n8 in germany, hungary and the netherlands, as well as outbreaks of that disease in france and poland, the annex to implementing decision (eu) 2016/2122 was amended by commission implementing decision (eu) 2016/2219 (5) in order to amend the areas listed in the annex to implementing decision (eu) 2016/2122 to take account of the new epidemiological situation in the union and the establishment of new protection and surveillance zones by the competent authorities of those member states in accordance with directive 2005/94/ec. (4) since the date of the amendments made to implementing decision (eu) 2016/2122 by implementing decision (eu) 2016/2219, germany has notified the commission of an outbreak of avian influenza of subtype h5n8 in a holding where captive birds are kept outside the areas currently listed in the annex to implementing decision (eu) 2016/2122 where poultry or other captive birds are kept and it has taken the necessary measures required in accordance with directive 2005/94/ec, including the establishment of protection and surveillance zones around that outbreak. (5) in addition, since the date of the amendments made to implementing decision (eu) 2016/2122 by implementing decision (eu) 2016/2219, france has notified the commission of further outbreaks of avian influenza of subtype h5n8 in holdings outside the areas currently listed in the annex to implementing decision (eu) 2016/2122 where poultry are kept and it has taken the necessary measures required in accordance with directive 2005/94/ec, including the establishment of protection and surveillance zones around those outbreaks. (6) furthermore, since the date of the amendments made to implementing decision (eu) 2016/2122 by implementing decision (eu) 2016/2219, hungary has also notified the commission of further outbreaks of highly pathogenic avian influenza of subtype h5n8 on its territory. taking into account further development of the epidemiological situation in hungary, it is necessary to extend the areas that that member state has currently established as protection and surveillance zones in accordance with directive 2005/94/ec. (7) in all cases, the commission has examined the measures taken by the germany, france and hungary in accordance with directive 2005/94/ec and has satisfied itself that the boundaries of the protection and surveillance zones, established by the competent authorities of those member states, are at a sufficient distance to any holding where an outbreak of highly pathogenic avian influenza of subtype h5n8 has been confirmed. (8) 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 describe at union level, in collaboration with germany, france and hungary, the new protection and surveillance zones established in those member states in accordance with directive 2005/94/ec. therefore, the areas currently listed for those member states in the annex to implementing decision (eu) 2016/2122 should be amended. (9) accordingly, the annex to implementing decision (eu) 2016/2122 should be amended to update regionalisation at union level to include the new protection and surveillance zones and the duration of the restrictions applicable therein. (10) implementing decision (eu) 2016/2122 should therefore be amended accordingly. (11) 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 the annex to implementing decision (eu) 2016/2122 is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 15 december 2016. 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) commission implementing decision (eu) 2016/2122 of 2 december 2016 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype h5n8 in certain member states (oj l 329, 3.12.2016, p. 75). (4) 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). (5) commission implementing decision (eu) 2016/2219 of 8 december 2016 amending the annex to implementing decision (eu) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype h5n8 in certain member states (oj l 334, 9.12.2016, p. 52). annex the annex to implementing decision (eu) 2016/2122 is amended as follows: (1) in part a, the entries for germany, france and hungary are replaced by the following: member state: germany area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec in der gemeinde neukloster die ortsteile neuhof nevern neukloster (davon nur betroffen die stra en feldstra e beginnend ab einfahrt blumenstra e richtung neuhof, blumenstra e, hopfenbachstra e, wiesenweg, hechtskuhl, g nsekuhl, pernieker stra e in richtung perniek ab ausfahrt hopfenbachstra e) 21.12.2016 in der gemeinde glasin die ortsteile perniek pinnowhof 21.12.2016 in der gemeinde z sow die ortsteile z sow tollow 21.12.2016 in der gemeinde quedlinburg die ortsteile quarmbeck bad suderode gernrode 19.12.2016 in der gemeinde ballenstedt der ortsteil ortsteil rieder 19.12.2016 in der gemeinde thale die ortsteile ortsteil neinstedt ortsteil stecklenberg 19.12.2016 stadt ueckerm nde 17.12.2016 gemeinde grambin 17.12.2016 in der gemeinde liepgarten der ortsteil liepgarten 17.12.2016 in der gemeinde demen der ort und die ortsteile demen kobande venzkow 17.12.2016 hochtaunuskreis die stadt k nigstein in der stadt kronberg die gemarkungen kronberg, sch nberg und der nordwestlich der bebauungsgrenze gelegene teil der gemarkung oberh chstadt 23.12.2016 main-taunus-kreis in der stadt bad soden die gemarkungen altenhain und neuenhain das nordwestlich der landesstra e 3015 gelegene gebiet der stadt schwalbach am taunus 23.12.2016 member state: france area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec les municipalit s suivantes dans les d partements du tarn, du tarn et garonne et de l'aveyron (foyers almayrac et lacapelle): almayrac, bournazel, carmaux, combefa, cordes-sur-ciel, labastide-gabausse, lacapelle-segalar, laparrouquial, monesties, mouzieys-panens, saint-benoit-de-carmaux, sainte-gemme, saint marcel campes, saint martin laguepie, salles, le segur, trevien, virac 6.1.2017 les municipalit s suivantes dans les d partements des pyr n es atlantiques et des hautes pyr n es (foyer ibos): ger et ibos 2.1.2017 les municipalit s suivantes dans le d partement du lot-et-garonne (foyer monbahus): monbahus, monviel, segalas 2.1.2017 les municipalit s suivantes dans le d partement du gers (foyer monlezun): monlezun, pallanne, ricourt, saint-justin 2.1.2017 les municipalit s suivantes dans le d partement du gers (foyer eauze beaumont): eauze, lauraet, beaumont, mouchan 2.1.2017 member state: hungary area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec szakon a bugacot m ricg ttal sszek t 54105- s ton haladva az 54102 s 54105 el gaz st l 3km d lnyugat fel haladva a t zl rt kiskunmajs val sszek t 5405- s t fel , az 5405- s ton t zl rt l 9 km-re a kisk r si/kiskunmajsai j r sok hat r t l 0,8 km kelet fel haladva szank belter let hat r t l 0,5 km d l fel haladva a szankot fel l az 5405- s t fel tart t s az 5405- s t el gaz si pontja. d l fel haladva az 5402-es t fel kiskunmajsa belter let hat r t l 3,5 km az 5402-es t ment n t volodva kiskunmajs t l. d lkeleti ir nyban az 5409-es t kiskunmajsa belter let hat r t l 5 km d l-d lkelet fel haladva az 5405- s t fel az 5405- s s az 5442-es t el gaz s t l nyugat fel 0,5 km d li ir nyba haladva a megyehat rig a megyehat r ment n haladva d lkelet, majd 3 km ut n szak fel az 54 11-es tig a megyehat r 5411-es tt l 6 km -re l v t r spontj t l d li ir nyban 1,5 km a megyehat r k vetkez t r spontja el tt 0,4 km a megyehat ron haladva szaknyugat fel haladva 4km-t majd szakkelet fel haladva az m5 aut p ly t l 3 km nyugat fel haladva az 5405- s ton j szszentl szl belter let hat r t l 1km d l fel haladva 1km, majd szaknyugat fel haladva 1 km, majd szak fel haladva az 5405- s tig az 5405- s ton m ricg t fel haladva a k vetkez t r spontig szakkelet fel haladva 2 km, majd szaknyugat fel haladva a kiindul pontig, valamint csongr d megye m rahalom s kistelek j r sainak az n46,458679 s az e19,873816; s az n46,415988 s az e19,868078; s az n46,4734 s az e20,1634, s az n46,540227, e19,816115 s az n46,469738 s az e19,8422, s az n46,474649 s az e19,866126, s az n46,406722 s az e19,864139, s az n46,411634 s az e19,883893, s az n46,630573 s az e19,536706, s az n46,628228 s az e19,548682, s az n46,63177 s az e19,603322, s az n46,626579 s az e19,652752, s az n46,568135 s az e19,629595, s az n46,593654 s az e19,64934, s az n46,567552 s az e19,679839, s az n46,569787 s az e19,692051, s az n46,544216 s az e19,717363, s az n46,516493 s az e19,760571, s az n46,555731 s az e19,786764, s az n46,5381 s az e19,8205, s az n46,5411 s az e19,8313, s az n 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n46.665379 s az e19.489808 s az n46.496419 s az e19.911004, s az n46.620021 s az e19.552464, s az n46.3869556, s az e19.77618056, s az n46.5460333 s az e19.77916944, s az n46.551986 s az e19.79999 s az n46.46118056 s az e19.71168333, s az n46.48898611 s az e19.88049444, s az n46.53697222, s az e19.68341111, s az n46.591604, s az e19.49531, s az n46.5171417 s az e19.67016111, s az n46.5158, s az e19.67768889, s az n46.52391944 s az e19.68843889 s az n46.53138889 s az e19.62005556, s az n46.4061972 s az e19.73322778, s az n46.52827778 s az e19.64308333, s az n46.533121 s az e19.518341, s az n46.574084 s az e19.740144, s az n46.553554 s az e19.75765, s az n46.657184 s az e19.531355, s az n46.5618333 s az e19.76470278, s az n46.516606 s az e19.886638, s az n46.551673 s az e19.491094, s az n46.551723 s az n19.779836, s az n46.603375, s az e19.90755278, s az n46.547736, s az e19.535668, s az n46.544789 s az e19.516968, s az n46.550743 s az e19.496889, s az n46.382844 s az e19.86408, s az n46.57903611 s az e19.72372222, s az n46.590227, 19.710753, s az n46.521458 s az e19.642231, s az n46.579435 s e19.464347, s az n46.616864 s az e19.548472, s az n46.50325556 s az e19.64926389, s az n46.518133 s az e19.6784, s az n46.557763 s az e19.901849 s az n46.484193 s az e19.69385, s az n46.52626111 s az e19.64352778 s az n46.500159 s az e19.655886 s az n46,5957889 s az e 19,87722778 s az n46.589767 s az e19.753633 s az n46,5886056 s az e19,88189167 gps koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 2.1.2017 b cs-kiskun megye kiskunf legyh zi, kecskem ti s kiskunmajsai j r s nak az n46.682422 s az e19.638406, az n46.685278 s az e19.64, valamint az n46.689837 s az e19.674396 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei, tov bb m ricg t-erd sz plak telep l s teljes belter lete 23.12.2016 b cs-kiskun megye kiskunhalasi j r s nak az n46.268418 s az e19.573609, az n46.229847 s az e19.619350, az n46.241335 s az e19.555281, valamint az n46.244069 s az e19.555064 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei, valamint kelebia- jfalu telep l s teljes belter lete 5.1.2017 csongr d megye m rahalom j r s nak az n46.342763 s az e19.886990, s az n46,3632 s az e19,8754, s az n46.362391 s az e19.889445, vaalmint az n46.342783 s az e19.802446 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei, valamint forr sk t, ll s s bord ny telep l sek teljes be p tett ter lete 30.12.2016 j sz-nagykun-szolnok megye kunszentm rtoni s mez t ri j r s nak az n46.8926211 s az e20.367360, valamint az n46.896193 s az e20.388287 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 16.12.2016 b cs-kiskun megye kiskunf legyh zi s kecskem ti j r s nak az n46.665317 s az e19.805388, az n46.794889 s az e19.817377, az n46.774805 s az e19.795087, valamint az n46.762825 s az e19.857375 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 31.12.2016 b k s megye sarkadi j r s nak az n46.951822 s az e21.603480 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 23.12.2016 csongr d megye szentesi j r s nak az n46.682909 s az e20.33426, valamint az n46.619294 s az e20.390083 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 24.12.2016 b k s megye orosh zi, mez kov csh zi s b k csabai j r s nak az n46.599129 s az e21.02752, az n46.595641 s az e21.028533, az n46.54682222 s az e20.8927, valamint az n46.654794 s az e20.948188 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei, valamint szabadk gy s s medgyesbodz s-g bortelep telep l sek teljes belter lete 27.12.2016 b cs-kiskun megye kiskunf legyh zi j r s nak, valamint csongr d megye kisteleki j r s nak az n46.544052 s az e19.968252, valamint az n46.485451 s az e20.027345 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 28.12.2016 csongr d megye szegedi, h dmez v s rhelyi s mak i j r s nak az n46.306591 s az e20.268039 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 27.12.2016 b k s megye gyomaendr di j r s nak az n46.992986 s az e20.888836 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 31.12.2016 b k s megye orosh zi j r s nak az n46.5953 s az e20.62686 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei, valamint orosh za-szentetornya telep l s belter lete, valamint orosh za-r k czitelep s orosh za-gyop rosf rd telep l sek belter let nek a 4406-os s a 47-es utakt l szakra s nyugatra es belter lete 2.1.2017 j sz-nagykun szolnok megye kunszentm rtoni j r s nak s b cs-kiskun megye tiszak cskei j r s nak az n46.853433 s az e20.139858 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 2.1.2017 csongr d megye szegedi j r s nak az n46.151747 s az e20.290045 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 5.1.2017 (2) in part b, the entries for germany, france and hungary are replaced by the following: member state: germany area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec die gemeinde kirch mulsow gesamt 30.12.2016 in der gemeinde j rgenshagen die ortsteile klein sein moltenow klein gnemern ulrikenhof 30.12.2016 in der gemeinde bernitt die ortsteile glambeck jabelitz g llin k terhagen neu k terhagen hermannshagen 30.12.2016 in der gemeinde cariner land der ortsteil klein mulsow 30.12.2016 in der gemeinde jesendorf die ortsteile b schow neperstorf 30.12.2016 in der gemeinde warin die ortsteile allwardtshof mankmoos neu pennewitt pennewitt 30.12.2016 in der gemeinde benz die ortsteile benz gamehl goldebee kalsow warkstorf 30.12.2016 in der gemeinde l bow der ortsteil levetzow 30.12.2016 in der gemeinde hornstorf die ortsteile hornstorf kritzow rohlstorf r ggow 30.12.2016 in der gemeinde neuburg die ortsteile hageb k ilow kartlow lischow madsow nantrow neu farpen neu nantrow neuburg neuendorf steinhausen tatow vogelsang zarnekow 30.12.2016 in der gemeinde neukloster die ortsteile neukloster r gkamp ravensruh sellin 30.12.2016 in der gemeinde l bberstorf die ortsteile l bberstorf l dersdorf neum hle 30.12.2016 in der gemeinde glasin die ortsteile babst glasin gro tessin poischendorf strameu warnkenhagen 30.12.2016 in der gemeinde passe die ortsteile alt poorstorf goldberg h ltingsdorf neu poorstorf passee t zen 30.12.2016 in der gemeinde z sow die ortsteile b belin teplitz wakendorf 30.12.2016 in der gemeinde neukloster die ortsteile neuhof nevern neukloster (davon nur betroffen die stra en feldstra e beginnend ab einfahrt blumenstra e richtung neuhof, blumenstra e, hopfenbachstra e, wiesenweg, hechtskuhl, g nsekuhl, pernieker stra e in richtung perniek ab ausfahrt hopfenbachstra e) 22.12.2016 to 30.12.2016 in der gemeinde glasin die ortsteile perniek pinnowhof 22.12.2016 to 30.12.2016 in der gemeinde z sow die ortsteile z sow tollow 22.12.2016 to 30.12.2016 gemeinde ditfurt 28.12.2016 in der stadt quedlinburg die ortsteile gersdorfer burg morgenrot m nchenhof quarmbeck 28.12.2016 in der stadt ballenstedt die ortsteile asmusstedt badeborn opperode radisleben rieder 28.12.2016 in der stadt harzgerode die ortsteile h nichen m gdesprung 28.12.2016 in der gemeinde blankenburg die orte und ortsteile timmenrode wienrode 28.12.2016 in der stadt thale die ortsteile friedrichsbrunn neinstedt warnstedt weddersleben westerhausen 28.12.2016 in der stadt torgelow der ortsteil torgelow-holl nderei 26.12.2016 in der stadt eggesin mit dem ortsteil hoppenwalde sowie den wohnsiedlungen eggesiner teerofen gumnitz (gumnitz holl und klein gumnitz) karpin 26.12.2016 in der stadt ueckerm nde die ortsteile bellin berndshof 26.12.2016 gemeinde m nkebude 26.12.2016 gemeinde leopoldshagen 26.12.2016 gemeinde meiersberg 26.12.2016 in der gemeinde liepgarten die ortsteile j dkem hl starkenloch 26.12.2016 in der gemeinde luckow die ortsteile luckow christiansberg 26.12.2016 gemeinde vogelsang-warsin 26.12.2016 in der gemeinde l bs die ortsteile l bs annenhof millnitz 26.12.2016 in der gemeinde ferdinandshof die ortsteile blumenthal louisenhof sprengersfelde 26.12.2016 die stadt wolgast und die ortsteile buddenhagen hohendorf pritzier schlaense tannenkamp 21.12.2016 in der hansestadt greifswald die stadtteile fettenvorstadt fleischervorstadt industriegebiet innenstadt n rdliche m hlenvorstadt obstbaumsiedlung ostseeviertel sch nwalde ii stadtrandsiedlung steinbeckervorstadt s dliche m hlenstadt 21.12.2016 in der hansestadt greifswald die stadtteile sch nwalde i s dstadt 21.12.2016 in der hansestadt greifswald die stadtteile friedrichshagen ladebow insel koos ostseeviertel riems wieck eldena 21.12.2016 in der gemeinde gro kiesow die ortsteile kessin krebsow schlagtow schlagtow meierei 21.12.2016 in der gemeinde karlsburg die ortsteile moeckow zarnekow 21.12.2016 in der gemeinde l hmannsdorf die ortsteile l hmannsdorf br ssow giesekenhagen jagdkrug 21.12.2016 in der gemeinde wrangelsburg die ortsteile wrangelsburg gladrow 21.12.2016 in der gemeinde z ssow der ortsteil z ssow 21.12.2016 in der gemeinde neuenkirchen die ortsteile neuenkirchen oldenhagen wampen 21.12.2016 in der gemeinde wackerow die ortsteile wackerow dreizehnhausen gro petershagen immenhorst jarmshagen klein petershagen steffenshagen 21.12.2016 in der gemeinde hinrichshagen die ortsteile hinrichshagen feldsiedlung heimsiedlung chausseesiedlung hinrichshagen hof i und ii neu ungnade 21.12.2016 in der gemeinde mesekenhagen der ortsteil broock 21.12.2016 in der gemeinde levenhagen die ortsteile levenhagen alt ungnade boltenhagen heilgeisthof 21.12.2016 in der gemeinde diedrichshagen die ortsteile diedrichshagen guest 21.12.2016 in der gemeinde br nzow die ortsteile br nzow klein ernsthof kr pelin stielow stielow siedlung vierow 21.12.2016 in der gemeinde hanshagen der ortsteil hanshagen 21.12.2016 in der gemeinde katzow die ortsteile katzow netzeband 21.12.2016 in der gemeinde kemnitz die ortsteile kemnitz kemnitzerhagen kemnitz meierei neuendorf neuendorf ausbau rappenhagen 21.12.2016 in der gemeinde loissin die ortsteile gahlkow ludwigsburg 21.12.2016 gemeinde lubmin gesamt 21.12.2016 in der gemeinde neu boltenhagen die ortsteile neu boltenhagen loddmannshagen 21.12.2016 in der gemeinde rubenow die ortsteile rubenow gro ernsthof latzow nieder voddow nonnendorf rubenow siedlung voddow 21.12.2016 in der gemeinde wusterhusen die ortsteile wusterhusen gustebin pritzwald konerow stevelin 21.12.2016 gemeinde kenz-k strow ohne die im sperrbezirk liegenden ortsteile 20.12.2016 in der gemeinde l bnitz die ortsteile saatel redebas l bnitz ausbau l bnitz 20.12.2016 in der gemeinde divitz-spoldershagen die ortsteile divitz frauendorf wobbelkow spoldershagen 20.12.2016 stadt barth: restliches gebiet au erhalb des sperrbezirks 20.12.2016 in der gemeinde fuhlendorf die ortsteile fuhlendorf bodstedt gut gl ck 20.12.2016 gemeinde pruchten gesamt 20.12.2016 gemeinde ostseebad zingst gesamt 20.12.2016 in der hansestadt stralsund die stadtteile voigdehagen andershof devin 22.12.2016 in der gemeinde wendorf die ortsteile zitterpenningshagen teschenhagen 22.12.2016 gemeinde neu bartelshagen gesamt 20.12.2016 gemeinde gro kordshagen gesamt 20.12.2016 in der gemeinde kummerow der ortsteil kummerow-heide 20.12.2016 gemeinde gro mohrdorf: gro es holz westlich von kinnbackenhagen ohne ortslage kinnbackenhagen 20.12.2016 in der gemeinde altenpleen die ortsteile nisdorf g nz neuenpleen 20.12.2016 gemeinde velgast: karniner holz und bussiner holz n rdlich der bahnschiene sowie ortsteil manschenhagen 20.12.2016 gemeinde karnin gesamt 20.12.2016 in der stadt grimmen die ortsteile hohenwarth stoltenhagen 22.12.2016 in der gemeinde wittenhagen die ortsteile glashagen kakernehl wittenhagen windebrak 22.12.2016 in der gemeinde elmenhorst die ortsteile bookhagen elmenhorst neu elmenhorst 22.12.2016 gemeinde zarrendorf gesamt 22.12.2016 in der gemeinde s derholz die ortsteile griebenow dreizehnhausen kreutzmannshagen 21.12.2016 in der gemeinde s derholz die ortsteile willershusen w st eldena willerswalde bartmannshagen 22.12.2016 in der gemeinde sundhagen alle nicht im sperrbezirk befindlichen ortsteile 22.12.2016 gemeinde lietzow gesamt 22.12.2016 stadt sassnitz: gemeindegebiet au erhalb des sperrbezirkes 22.12.2016 gemeinde sagard gesamt 22.12.2016 in der gemeinde glowe die ortsteile polchow bobbin spyker baldereck 22.12.2016 gemeinde seebad lohme gesamt 22.12.2016 in der gemeinde garz/r gen auf der halbinsel zudar ein uferstreifen von 500 m breite stlich von glewitz zwischen f hranleger und palmer ort 21.12.2016 in der gemeinde garz/r gen der ortsteil glewitz 22.12.2016 in der gemeinde gustow die ortsteile prosnitz sissow 22.12.2016 in der gemeinde poseritz der ortsteil venzvitz 22.12.2016 in der gemeinde ostseebad binz der ortsteil prora 22.12.2016 in der gemeinde gneven der ortsteil vorbeck 26.12.2016 in der gemeinde langen br tz der orsteil kritzow 26.12.2016 in der gemeinde barnin die orte, ortsteile und ortslagen barnin hof barnin 26.12.2016 in der gemeinde b low der ort und ortsteile b low prestin runow 26.12.2016 in der gemeinde stadt crivitz die orte und ortsteile augustenhof basthorst crivitz, stadt g debehn kladow muchelwitz bahnstrecke wessin badegow radepohl 26.12.2016 in der gemeinde demen der ortsteil buerbeck 26.12.2016 in der gemeinde zapel der ort und die ortsteile zapel zapel-hof zapel-ausbau 26.12.2016 in der gemeinde friedrichsruhe die ortsteile goldenbow ruthenbeck neu ruthenbeck und bahnhof 26.12.2016 in der gemeinde z lkow der ort und die ortsteile kladrum z lkow gro niendorf 26.12.2016 in der gemeinde dabel der ort und die ortsteile dabel turloff dabel-woland 26.12.2016 in der gemeinde kobrow der ort und die ortsteile dessin kobrow i kobrow ii stieten wamckow seehof hof sch nfeld 26.12.2016 in der gemeinde stadt sternberg die gebiete obere seen und wendfeld peeschen 26.12.2016 in der gemeinde stadt br el die ortsteile golchen alt necheln neu necheln 26.12.2016 in der gemeinde kuhlen-wendorf der ort und die ortsteile gust vel holzendorf m sselmow weberin wendorf 26.12.2016 in der gemeinde weitendorf die orsteile j lchendorf kaarz sch nlage 26.12.2016 stadt ueckerm nde 18.12.2016 to 26.12.2016 gemeinde grambin 18.12.2016 to 26.12.2016 in der gemeinde liepgarten der ortsteil liepgarten 18.12.2016 to 26.12.2016 in der gemeinde mesekenhagen die ortsteile mesekenhagen fr tow gristow kalkvitz klein karrendorf gro karrendorf kowall 13.12.2016 to 21.12.2016 in der gemeinde wackerow die ortsteile gro kieshof gro kieshof ausbau klein kieshof 13.12.2016 to 21.12.2016 in der gemeinde neuenkirchen der ortsteil oldenhagen 13.12.2016 to 21.12.2016 in der gemeinde neu boltenhagen die ortsteile neu boltenhagen karbow lodmannshagen 13.12.2016 to 21.12.2016 in der gemeinde kemnitz der ortsteil rappenhagen 13.12.2016 to 21.12.2016 in der gemeinde katzow der ortsteil k hlenhagen 13.12.2016 to 21.12.2016 in der gemeinde kenz-k strow die ortsteile dabitz k strow zipke 11.12.2016 to 20.12.2016 stadt barth einschlie lich ortsteile tannenheim gl witz ohne ortsteil planitz 11.12.2016 to 20.12.2016 in der gemeinde sundhagen der ortsteil jager 13.12.2016 to 22.12.2016 in der gemeinde sundhagen die ortsteile mannhagen wilmshagen hildebrandshagen altenhagen klein behnkenhagen behnkendorf gro behnkenhagen engelswacht miltzow klein miltzow reinkenhagen hankenhagen 11.12.2016 to 22.12.2016 in der stadt sassnitz die ortsteile sassnitz dargast werder buddenhagen 11.12.2016 to 22.12.2016 in der gemeinde sagard: der see am kreideabbaufeld n rdlich von dargast 11.12.2016 to 22.12.2016 in der gemeinde demen der ort und die ortsteile demen kobande venzkow 18.12.2016 to 26.12.2016 in der gemeinde quedlinburg die ortsteile quarmbeck bad suderode gernrode 20.12.2016 to 29.12.2016 in der gemeinde ballenstedt der ortsteil ortsteil rieder 20.12.2016 to 29.12.2016 in der gemeinde thale die ortsteile ortsteil neinstedt ortsteil stecklenberg 20.12.2016 to 29.12.2016 landkreis cloppenburg von der kreuzung b 401/b 72 in n rdlicher richtung entlang der b 72 bis zur kreisgrenze, von dort entlang der kreisgrenze in stlicher und s d stlicher richtung bis zur l 831 in edewechterdamm, von dort entlang der l 831 (altenoyther stra e) in s dwestlicher richtung bis zum lahe-ableiter, entlang diesem in nordwestlicher richtung bis zum buchweizendamm, entlang diesem weiter ber ringstra e, zum kellerdamm, vitusstra e, an der mehrenkamper schule, mehrenkamper stra e und lindenweg bis zur k 297 (schwaneburger stra e), entlang dieser in nordwestlicher richtung bis zur b 401 und entlang dieser in westlicher richtung bis zum ausgangspunkt kreuzung b 401/b 72 24.12.2016 landkreis ammerland schnittpunkt kreisgrenze/edamer stra e, edamer stra e, hauptstra e, auf der loge, zur loge, lienenweg, zur tonkuhle, burgfelder stra e, wischenweg, querensteder stra e, langer damm, an den feldk mpen, pollerweg, ocholter stra e, westerstede stra e, steegenweg, rostruper stra e, r schendamm, torsholter hauptstra e, s dholter stra e, westersteder stra e, westerloyer stra e, strohen, in der loge, buernstra e, am damm, moorweg, plackenweg, ihausener stra e, eibenstra e, eichenstra e, klauh rner stra e, am kanal, aper stra e, stahlwerkstra e, ginsterweg, am uhlenmeer, gr ner weg, s dgeorgsfehner stra e, schmuggelpadd, wasserzug bitsche bzw. kreisgrenze, hauptstra e, entlang kreisgrenze in s d stlicher richtung bis zum schnittpunkt kreisgrenze/edamer stra e das beobachtungsgebiet umfasst alle an beiden stra enseiten gelegenen tierhaltungen 24.12.2016 landkreis leer gemeinde detern anfang an der kreisgrenze cloppenburg-leer auf der b72 h he ubbehausen. in n rdlicher richtung ecke borgsweg / lieneweg weiter in n rdlicher richtung auf den deelenweg . diesem wieder folgend auf den handwieserweg . diesem nord stlich folgend auf die barger stra e und weiter n rdlich auf die stra e am barger sch pfswerkstief . dieser stlich folgend, dann n rdlich auf die stra e fennen weiter und dieser n rdlich folgend auf die stra e zur wasserm hle . n rdlich ber die j mme dem aper tief folgend in h he des franz sischer weg auf die osterstra e . von dort richtung kreisgrenze zum landkreis ammerland und dieser weiter folgend zum ausgangspunkt h he ubbehausen 24.12.2016 hochtaunuskreis gemeinde glash tten stadt kronberg mit ausnahme der gemarkungen kronberg, sch nberg und dem nordwestlich der bebauungsgrenze gelegene teil der gemarkung oberh chstadt stadt oberursel stadt steinbach stadt bad homburg mit ausnahme der gemarkung ober-erlenbach stadt schmitten mit ausnahme der gemarkungen treisberg, brombach und hunoldstal in der stadt neu anspach die gemarkung anspach in der gemeinde wehrheim die gemarkung obernhain 1.1.2017 hochtaunuskreis die stadt k nigstein in der stadt kronberg die gemarkungen kronberg, sch nberg und der nordwestlich der bebauungsgrenze gelegene teil der gemarkung oberh chstadt 24.12.2016 to 1.1.2017 main-taunus-kreis stadt bad soden mit ausnahme der gemarkungen altenhain und neuenhain stadt eppstein stadt eschborn stadt kelkheim gemeinde liederbach stadt schwalbach mit ausnahme des gebiets nordwestlich der landesstra e 3015 gemeinde sulzbach gemeinde kriftel stadt hofheim mit ausnahme der gemarkungen marxheim, diedenbergen und wallau 1.1.2017 main-taunus-kreis in der stadt bad soden die gemarkungen altenhain und neuenhain das nordwestlich der landesstra e 3015 gelegene gebiet der stadt schwalbach am taunus 24.12.2016 to 1.1.2017 rheingau-taunus-kreis in der gemeinde waldems die gemarkung w stems in der stadt idstein die gemarkungen heftrich, kr ftel und nieder-oberrod in der gemeinde niedernhausen die gemarkung oberjosbach 1.1.2017 stadt frankfurt am main die stadtteile h chst, kalbach, nied, niederursel, praunheim, r delheim, sindlingen, sossenheim, unterliederbach und zeilsheim 1.1.2017 member state: france area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec les municipalit s suivantes dans les d partements des pyr n es atlantiques et des hautes pyr n es (foyer ibos): ger, ibos, aast, barzun, espoey, livron, ponson-dessus, pontacq, saubole, azereix, borderes-sur-l'echez, garderes, gayan, juillan, lagarde, lanne, louey, luquet, odos, oroix, ossun, oursbelille, pintac, seron, tarasteix, tarbes 9.1.2017 les municipalit s suivantes dans le d partement du lot-et-garonne (foyer monbahus): monbahus, monviel, segalas, armillac, beaugas, bourgougnague, cancon, casseneuil, castillonnes, coulx, douzains, laperche, lauzun, lavergne, lougratte, monclar, montastruc, montauriol, montignac-de-lauzun, moulinet, pinel-hauterive, saint-colomb-de-lauzun, saint-maurice-de-lestapel, saint-pastour, serignac-peboudou, tombeboeuf, tourtres, villebramar 9.1.2017 les municipalit s suivantes dans les d partements du gers et des hautes pyr n es (foyer monlezun): monlezun, pallanne, ricourt, saint-justin, armentieux, armous-et-cau, aux-aussat, bars, bassoues, beaumarches, beccas, betplan, blousson-serian, cazaux-villecomtal, courties, haget, juillac, laas, ladeveze-riviere, laguian-mazous, laveraet, malabat, marciac, marseillan, mascaras, mielan, monclar-sur-losse, monpardiac, pouylebon, saint-christaud, saint-maur, scieurac-et-floures, semboues, tillac, tourdun, troncens, ansost, auriebat, barbachen, buzon, lafitole, monfaucon, sauveterre 9.1.2017 les municipalit s suivantes dans les d partements du gers (foyer eauze beaumont): eauze, lauraet, beaumont, mouchan, larressingle, montreal, valence-sur-baise, gondrin, manciet, ramouzens, lagardere, larroque-sur-l'osse, espas, noulens, cassaigne, lannepax, maignaut-tauzia, bascous, fources, reans, condom, beraut, courrensan, cazeneuve, roques, bretagne-d'armagnac, castelnau-d'auzan, lagraulet-du-gers, demu, mansencome 9.1.2017 les municipalit s suivantes dans les d partements du tarn, du tarn et garonne et de l'aveyron (foyers almayrac et lacapelle): almayrac, bournazel, carmaux, combefa, cordes-sur-ciel, labastide-gabausse, lacapelle-segalar, laparrouquial, monesties, mouzieys-panens, saint-benoit-de-carmaux, sainte-gemme, saint marcel campes, saint martin laguepie, salles, le segur, trevien, virac, najac, saint-andre-de-najac, laguepie, varen, verfeil, amarens, blaye-les-mines, les cabannes, cagnac-les-mines, castanet, donnazac, frausseilles, le garric, itzac, jouqueviel, labarthe-bleys, livers-cazelles, loubers, mailhoc, marnaves, milhars, milhavet, mirandol-bourgnounac, montirat, montrosier, moulares, noailles, pampelonne, le riols, rosieres, roussayrolles, saint-christophe, saint-jean-de-marcel, souel, taix, tanus, tonnac, valderies, villeneuve-sur-vere, vindrac-alayrac, sainte-croix 13.1.2017 member state: hungary area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec az al bbi utak ltal behat rolt ter let: az 52-es t az m5-52-es kecskem ti csom pontj t l nyugat fel az 52-es t az 5301-es becsatlakoz s ig. innen d lnyugat fel 5301-es az 5309-es t becsatlakoz s ig. innen d l fel kiskunhalasig. kiskunhalast l kelet fel az 5408-as ton b cs-kiskun s csongr d megye hat r ig. innen a megyehat rt k vetve szakkeletre majd szakra a 44-es tig. a 44-es ton nyugatra az 52-m5 csatlakoz si kiindul s pontig, valamint csongr d megye m rahalom s kistelek j r sainak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46,458679 s az e19,873816; s az n46,415988 s az e19,868078; s az n46,4734 s az e20,1634, valamint a n46,540227, s az e19,816115, s az valamint az n46,469738 s az e19,8422, s az n46,474649 s az e19,866126, s az n46,406722 s az e19,864139, s az n46,411634 s az e19,883893, s az n46,630573 s az e19,536706, s az n46,628228 s az e19,548682, s az n46,63177 s az e19,603322, s az n46,626579 s az e19,652752, s az n46,568135 s az e19,629595, s az n46,593654 s az e19,64934, s az n46,567552 s az e19,679839, s az n46,569787 s az e19,692051, s az n46,544216 s az e19,717363, s az n46,516493 s az e19,760571, s az n46,555731 s az e19,786764, s az n46,5381 s az e19,8205, s az n46,5411 s az e19,8313, s az n 46,584928 s az e19,675551, s az n46,533851 s az e 19,811515, s az n46,47774167 s az e19,86573056, s az n46,484255 s az e19,792816, s az n46,615774 s az e19,51889, s az n46,56963889 s az e19,62801111, s az n46.55130833 s az e19.67718611, s az n46.580685 s az e19.591378, s az n46.580685 s az e19.591378, s az n46.674795 s az e19.501413, s az n46.672415 s az e19.497671, s az n46.52703 s az e19.75514, s az n46.623383 s az e19.435333, s az n46.55115 s az e19.67295, s az n46.533444 s az e19.868219, s az n46.523853 s az e19.885318, s az n46.535252 s az e19.808912, s az n46.59707 s az e19.45574, s az n46.65772 s az e19.525666, s az n46.593111 s az e19.492923, s az n46.639516 s az e19.542554, s az n46.594811 s az e19.803715, s az n46.5460333 s az e19.77916944, s az n46.57636389 s az e19.58059444 s az n46.676398 s az e19.505054, s az n46.38947 s az e19.858711, s az n46.58072 s az e19.74044, s az n46.6109778 s az e19.88599722, s az n46.674375, s az e19.496807, s ez n46.675336, s az e19.498997 s az n46.665379 s az e19.489808 s az n46.496419 s az e19.911004, s az n46.620021 s az e19.552464, s az n46.3869556, s az e19.77618056, s az n46.5460333 s az e19.77916944, s az n46.551986 s az e19.79999 s az n46.46118056 s az e19.71168333, s az n46.48898611 s az e19.88049444, s az n46.53697222, s az e19.68341111, s az n46.591604, s az e19.49531, s az n46.5171417 s az e19.67016111, s az n46.5158, s az e19.67768889, s az n46.52391944 s az e19.68843889 s az n46.53138889 s az e19.62005556, s az n46.4061972 s az e19.73322778, s az n46.52827778 s az e19.64308333, s az n46.533121 s az e19.518341, s az n46.574084 s az e19.740144, s az n46.553554 s az e19.75765, s az n46.657184 s az e19.531355, s az n46.5618333 s az e19.76470278, s az n46.516606 s az e19.886638, s az n46.551673 s az e19.491094, s az n46.551723 s az n19.779836, s az n46.603375, s az e19.90755278, s az n46.547736, s az e19.535668, s az n46.544789 s az e19.516968, s az n46.550743 s az e19.496889, s az n46.382844 s az e19.86408, s az n46.57903611 s az e19.72372222, s az n46.590227, 19.710753, s az n46.521458 s az e19.642231, s az n46.579435 s e19.464347, s az n46.616864 s az e19.548472, s az n46.50325556 s az e19.64926389, s az n46.518133 s az e19.6784, s az n46.557763 s az e19.901849 s az n46.484193 s az e19.69385, s az n46.52626111 s az e19.64352778 s az n46.500159 s az e19.655886 s az n46,5957889 s az e 19,87722778 s az n46.589767 s az e19.753633 s az n46,5886056 s az e19,88189167 gps-koordin t k ltal meghat rozott pontok k r li 10 km sugar k r n bel l es r szei, valamint az 53-as, az 5408-as s a b cs-kiskun-csongr d megye hat ra ltal hat rolt ter let 12.1.2017 szakon a bugacot m ricg ttal sszek t 54105- s ton haladva az 54102 s 54105 el gaz st l 3km d lnyugat fel haladva a t zl rt kiskunmajs val sszek t 5405- s t fel , az 5405- s ton t zl rt l 9 km-re a kisk r si/kiskunmajsai j r sok hat r t l 0,8 km kelet fel haladva szank belter let hat r t l 0,5 km d l fel haladva a szankot fel l az 5405- s t fel tart t s az 5405- s t el gaz si pontja. d l fel haladva az 5402-es t fel kiskunmajsa belter let hat r t l 3,5 km az 5402-es t ment n t volodva kiskunmajs t l. d lkeleti ir nyban az 5409-es t kiskunmajsa belter let hat r t l 5 km d l-d lkelet fel haladva az 5405- s t fel az 5405- s s az 5442-es t el gaz s t l nyugat fel 0,5 km d li ir nyba haladva a megyehat rig a megyehat r ment n haladva d lkelet, majd 3 km ut n szak fel az 54 11-es tig a megyehat r 5411-es tt l 6 km -re l v t r spontj t l d li ir nyban 1,5 km a megyehat r k vetkez t r spontja el tt 0,4 km a megyehat ron haladva szaknyugat fel haladva 4km-t majd szakkelet fel haladva az m5 aut p ly t l 3 km nyugat fel haladva az 5405- s ton j szszentl szl belter let hat r t l 1km d l fel haladva 1km, majd szaknyugat fel haladva 1 km, majd szak fel haladva az 5405- s tig az 5405- s ton m ricg t fel haladva a k vetkez t r spontig szakkelet fel haladva 2 km, majd szaknyugat fel haladva a kiindul pontig, valamint csongr d megye m rahalom s kistelek j r sainak az n46,458679 s az e19,873816; s az n46,415988 s az e19,868078; s az n46,4734 s az e20,1634, s az n46,540227, e19,816115 s az n46,469738 s az e19,8422, s az n46,474649 s az e19,866126, s az n46,406722 s az e19,864139, s az n46,411634 s az e19,883893, s az n46,630573 s az e19,536706, s az n46,628228 s az e19,548682, s az n46,63177 s az e19,603322, s az n46,626579 s az e19,652752, s az n46,568135 s az e19,629595, s az n46,593654 s az e19,64934, s az n46,567552 s az e19,679839, s az n46,569787 s az e19,692051, s az n46,544216 s az e19,717363, s az n46,516493 s az e19,760571, s az n46,555731 s az e19,786764, s az n46,5381 s az e19,8205, s az n46,5411 s az e19,8313, s az n 46,584928 s az e19,675551, s az n46,533851 s az e 19,811515, s az n46,47774167 s az e19,86573056, s az n46,484255 s az e19,792816, s az n46,615774 s az e19,51889, s az n46,56963889 s az e19,62801111, s az n46.55130833 s az e19.67718611, s az n46.580685 s az e19.591378, s az n46.580685 s az e19.591378, s az n46.674795 s az e19.501413, s az n46.672415 s az e19.497671, s az n46.52703 s az e19.75514, s az n46.623383 s az e19.435333, s az n46.55115 s az e19.67295, s az n46.533444 s az e19.868219, s az n46.523853 s az e19.885318, s az n46.535252 s az e19.808912, s az n46.59707 s az e19.45574, s az n46.65772 s az e19.525666, s az n46.593111 s az e19.492923, s az n46.639516 s az e19.542554, s az n46.594811 s az e19.803715, s az n46.5460333 s az e19.77916944, s az n46.57636389 s az e19.58059444 s az n46.676398 s az e19.505054, s az n46.38947 s az e19.858711, s az n46.58072 s az e19.74044, s az n46.6109778 s az e19.88599722, s az n46.674375, s az e19.496807, s ez n46.675336, s az e19.498997 s az n46.665379 s az e19.489808 s az n46.496419 s az e19.911004, s az n46.620021 s az e19.552464, s az n46.3869556, s az e19.77618056, s az n46.5460333 s az e19.77916944, s az n46.551986 s az e19.79999 s az n46.46118056 s az e19.71168333, s az n46.48898611 s az e19.88049444, s az n46.53697222, s az e19.68341111, s az n46.591604, s az e19.49531, s az n46.5171417 s az e19.67016111, s az n46.5158, s az e19.67768889, s az n46.52391944 s az e19.68843889 s az n46.53138889 s az e19.62005556, s az n46.4061972 s az e19.73322778, s az n46.52827778 s az e19.64308333, s az n46.533121 s az e19.518341, s az n46.574084 s az e19.740144, s az n46.553554 s az e19.75765, s az n46.657184 s az e19.531355, s az n46.5618333 s az e19.76470278, s az n46.516606 s az e19.886638, s az n46.551673 s az e19.491094, s az n46.551723 s az n19.779836, s az n46.603375, s az e19.90755278, s az n46.547736, s az e19.535668, s az n46.544789 s az e19.516968, s az n46.550743 s az e19.496889, s az n46.382844 s az e19.86408, s az n46.57903611 s az e19.72372222, s az n46.590227, 19.710753, s az n46.521458 s az e19.642231, s az n46.579435 s e19.464347, s az n46.616864 s az e19.548472, s az n46.50325556 s az e19.64926389, s az n46.518133 s az e19.6784, s az n46.557763 s az e19.901849 s az n46.484193 s az e19.69385, s az n46.52626111 s az e19.64352778 s az n46.500159 s az e19.655886 s az n46,5957889 s az e 19,87722778 s az n46.589767 s az e19.753633 s az n46,5886056 s az e19,88189167 gps koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 3.1.2017 to 12.1.2017 b cs-kiskun megye kiskunf legyh zi, kecskem ti s kiskunmajsai j r s nak az n46.682422 s az e19.638406, az n46.685278 s az e19.64, valamint az n46.689837 s az e19.674396 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei, tov bb m ricg t-erd sz plak telep l s teljes belter lete 1.1.2017 to 9.1.2017 b cs-kiskun megye kiskunhalasi s j noshalmai j r sainak, valamint csongr d megye m rahalmi j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.268418 s az e19.573609, az n46.229847 s az e19.619350, az n46.241335 s az e19.555281, valamint az n46.244069 s az e19.555064 gps gps-koordin t k ltal meghat rozott pontok k r li 10 km sugar k r n bel l es r szei, tov bb balotasz ll s telep l s teljes belter lete 15.1.2017 b cs-kiskun megye kiskunhalasi j r s nak az n46.268418 s az e19.573609, az n46.229847 s az e19.619350, az n46.241335 s az e19.555281, valamint az n46.244069 s az e19.555064 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei, valamint kelebia- jfalu telep l s teljes belter lete 6.1.2017 to 15.1.2017 csongr d megye m rahalom, kistelek s szeged j r sainak, s b cs-kiskun megye kiskunmajsa j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.342763 s az e19.886990, s az n46,3632 s az e19,8754, s az n46.362391 s az e19.889445, vaalmint az n46.342783 s az e19.802446 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei, valamint a k vetkez k ltal hat rolt ter let: b cs-kiskun s csongr d megye nyugati hat r t l d lre az 5- s t, majd kistelek s bal stya k zigazgat si hat ra az 5- s tig, majd d lre az 5- s ton az e68-as tig, majd nyugatra az e68-as az e57-es tig, majd az e75- s a d lre a magyar-szerb hat rig, majd k vetve a hat rt nyugatra, majd a b cs-kiskun-csongr d megyehat rt szakketre 9.1.2017 csongr d megye m rahalom j r s nak az n46.342763 s az e19.886990, s az n46,3632 s az e19,8754, s az n46.362391 s az e19.889445, vaalmint az n46.342783 s az e19.802446 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei, valamint forr sk t, ll s s bord ny telep l sek teljes be p tett ter lete 31.12.2016 to 9.1.2017 j sz-nagykun-szolnok megye kunszentm rtoni s mez t ri j r s nak, valamint b k s megye szarvasi j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.8926211 s az e20.367360, valamint az n46.896193 s az e20.388287 gps-koordin t k ltal meghat rozott pontok k r li 10 km sugar k r n bel l es r szei, valamint cs d telep l s teljes k zigazgat si ter lete 26.12.2016 j sz-nagykun-szolnok megye kunszentm rtoni s mez t ri j r s nak az n46.8926211 s az e20.367360, valamint az n46.896193 s az e20.388287 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 17.12.2016 to 26.12.2016 b cs-kiskun megye kiskunf legyh zi s kecskem ti j r s nak az n46.665317 s az e19.805388, az n46.794889 s az e19.817377, az n46.774805 s az e19.795087, valamint az n46.762825 s az e19.857375 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 24.12.2016 to 2.1.2017 b k s megye sarkadi j r s nak, valamint hajd -bihar megye beretty jfalui j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.951822 s az e21.603480 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei 2.1.2017 b k s megye sarkadi j r s nak az n46.951822 s az e21.603480 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 24.12.2016 to 2.1.2017 csongr d megye szentesi, csongr di s h dmez v s rhelyi j r s nak, valamint j sz-nagykun-szolnok megye kunszentm rtoni j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.682909 s az e20.33426, valamint az n46.619294 s az e20.390083 gps-koordin t k ltal meghat rozott pontok k r li 10 km sugar k r n bel l es r szei 3.1.2017 csongr d megye szentesi j r s nak az n46.682909 s az e20.33426, valamint az n46.619294 s az e20.390083 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 25.12.2016 to 3.1.2017 b k s megye orosh zi, mez kov csh zi, b k scsabai, b k si s gyulai j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.599129 s az e21.02752, az n46.595641 s az e21.028533, az n46.54682222 s az e20.8927, valamint az n46.654794 s az e20.948188 gps-koordin t k ltal meghat rozott pontok k r li 10 km sugar k r n bel l es r szei, valamint az al bbiak ltal hat rolt ter let: 44-es t- 445- s t-4432-es t- 4434-es t-4428-as t munk csy sor- 4418-as t b k s-csongr d megye hat ra 4642-es t 6.1.2017 b k s megye orosh zi, mez kov csh zi s b k csabai j r s nak az n46.599129 s az e21.02752, az n46.595641 s az e21.028533, az n46.54682222 s az e20.8927, valamint az n46.654794 s az e20.948188 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei, valamint szabadk gy s s medgyesbodz s-g bortelep telep l sek teljes belter lete 28.12.2016 to 6.1.2017 b cs-kiskun megye kiskunf legyh zi s kiskunmajsai, valamint csongr d megye kisteleki, csongr di s szegedi j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.544052 s az e19.968252, valamint az n46.485451 s az e20.027345 gps-koordin t k ltal meghat rozott pontok k r li 10 km sugar k r n bel l es r szei, tov bb t m rk ny s baks telep l sek teljes k zigazgat si ter lete, valamint csanytelek telep l s k zigazgat si k lter let nek az als -f csatorna vonal t l d lre es teljes ter lete 6.1.2017 b cs-kiskun megye kiskunf legyh zi j r s nak, valamint csongr d megye kisteleki j r s nak az n46.544052 s az e19.968252, valamint az n46.485451 s az e20.027345 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 29.12.2016 to 6.1.2017 csongr d megye szegedi, h dmez v s rhelyi s mak i j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.306591 s az e20.268039 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei, valamint d len a 43-as t ltal hat rolt ter let deszkig, deszk teljes belter lete, illetve az al bbiak ltal hat rolt ter let: m43-as t 5- s t bal stya k zigazgat si hat ra pusztaszer k zigazgat si hat ra 4519-es t 4519-es ton 6 km-re pusztaszer hat r t l kiindulva keletre az atkai holt gig s ndorfalva k zigazgat si hat ra 6.1.2017 csongr d megye szegedi, h dmez v s rhelyi s mak i j r s nak az n46.306591 s az e20.268039 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 28.12.2016 to 6.1.2017 b k s megye gyomaendr di s szeghalmi j r s nak, valamint j sz-nagykun-szolnok megye mez t ri j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.992986 s az e20.888836 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei, valamint gyomaendr d 443-as s 46-os uatkt l keletre es belter lete 10.1.2017 b k s megye gyomaendr di j r s nak az n46.992986 s az e20.888836 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 1.1.2017 to 10.1.2017 b k s megye orosh zi s b k scsabai j r s nak, valamint csongr d megye szentesi s h dmez v s rhelyi j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.5953 s az e20.62686 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei, nagysz n s telep l s belter lete, valamint az al bbiak ltal hat rolt ter let: csongr d-b k s megye hat ra 4418-as t 4419-es t 47-es t 4405- s t szentesi-h dmez v s rhelyi j r s hat ra 12.1.2017 b k s megye orosh zi j r s nak az n46.5953 s az e20.62686 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei, valamint orosh za-szentetornya telep l s belter lete, valamint orosh za-r k czitelep s orosh za-gyop rosf rd telep l sek belter let nek a 4406-os s a 47-es utakt l szakra s nyugatra es belter lete 3.1.2017 to 12.1.2017 j sz-nagykun szolnok megye kunszentm rtoni j r s nak, b cs-kiskun megye tiszak cskei j r s nak, valamint csongr d megye csongr di s szentesi j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.853433 s az e20.139858 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es ter letei,.valamint tiszasas telep l s teljes k zigazgat si ter let,, valamint a 44-es t, a 4622-es t, a 4623-as t, a 4625- s t s a b cs-kiskun-j sz-nagykun-szolnok megyehat r ltal hat rolt ter let 12.1.2017 j sz-nagykun szolnok megye kunszentm rtoni j r s nak s b cs-kiskun megye tiszak cskei j r s nak az n46.853433 s az e20.139858 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 3.1.2017 to 12.1.2017 csongr d megye szegedi s mak i j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.151747 s az e20.290045 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei, deszk, ferencsz ll s, kl rafalva, jszentiv n, tiszasziget telep l sek teljes k zigazgat si ter lete, szeged telep l s k zigazgat si ter let nek a tisza foly herke utca 43-as f t jsz reg sz reg ltal hat rolt r sze, valamint kiszombor telep l s belter let nek a rokkant k z pollner k lm n utca farkas utca kiss menyh rt utca d zsa gy rgy u. d lvid ki utca k r utca b bai utca szaki r sze a 884/1 s 05398 hrsz. telkek 05397 hrsz. t 05402 hrsz. csatorna szaki r sze ltal hat rolt r sze 12.1.2017 csongr d megye szegedi j r s nak az n46.151747 s az e20.290045 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 6.1.2017 to 15.1.2017

name: commission implementing decision (eu) 2016/2276 of 15 december 2016 on the equivalence of the regulatory framework for central counterparties in brazil in accordance with regulation (eu) no 648/2012 of the european parliament and of the council type: decision_impl subject matter: trade policy; america; budget; free movement of capital; executive power and public service; financial institutions and credit date published: 2016-12-16 16.12.2016 en official journal of the european union l 342/61 commission implementing decision (eu) 2016/2276 of 15 december 2016 on the equivalence of the regulatory framework for central counterparties in brazil in accordance with regulation (eu) no 648/2012 of the european parliament and of the council the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 648/2012 of the european parliament and of the council of 4 july 2012 on otc derivatives, central counterparties and trade repositories (1) and in particular article 25(6) thereof, whereas: (1) the procedure for recognition of central counterparties (ccps) established in third countries set out in article 25 of regulation (eu) no 648/2012 aims to allow ccps established and authorised in third countries whose regulatory standards are equivalent to those laid down in that regulation to provide clearing services to clearing members or trading venues established in the union. that recognition procedure and the equivalence decisions provided for therein thus contribute to the achievement of the overarching aim of regulation (eu) no 648/2012 to reduce systemic risk by extending the use of safe and sound ccps to clear over-the-counter (otc) derivative contracts, including where those ccps are established and authorised in a third country. (2) in order for a third-country legal regime to be considered equivalent to the legal regime of the union in respect of ccps, the substantive outcome of the applicable legal and supervisory arrangements should be equivalent to union requirements in respect of the regulatory objectives they achieve. the purpose of this equivalence assessment is therefore to verify that the legal and supervisory arrangements of brazil ensure that ccps established and authorised therein do not expose clearing members and trading venues established in the union to a higher level of risk than the latter could be exposed to by ccps authorised in the union and, consequently, do not pose unacceptable levels of systemic risk in the union. the significantly lower risks inherent in clearing activities carried out in financial markets that are smaller than the union financial market should thereby, in particular, be taken into account. (3) in accordance with article 25(6) of regulation (eu) no 648/2012, three conditions need to be fulfilled in order to determine that the legal and supervisory arrangements of a third country regarding ccps authorised therein are equivalent to those laid down in that regulation. (4) according to the first condition, ccps authorised in a third country must comply with legally binding requirements which are equivalent to the requirements laid down in title iv of regulation (eu) no 648/2012. (5) the legally binding requirements of brazil for ccps authorised therein consist of law 10214 of 27 march 2001 and resolutions issued by the national monetary council (cmn), circulars issued by the central bank of brazil (bcb) and instructions issued by the brazilian securities and exchange commission (cvm) adopted pursuant to it. in particular, resolution 2882, as amended by resolution 3081, regulates the activities of clearing houses and of clearing services providers, sets out the principles applicable to the functioning of clearing houses and clearing services providers and empower the bcb to regulate, authorise and supervise clearing houses and clearing services providers. (6) clearing houses and clearing services providers established in brazil have to be authorised by the bcb to provide clearing services. when considering authorisation as a clearing house or as a provider of clearing services, the bcb must take into account the soundness, the normal functioning and the improvement of the brazilian payments system. the bcb may also specify such conditions as it considers appropriate before granting such authorisation or afterwards, based on financial system stability, risk and efficiency of clearing houses and clearing service providers. clearing houses that operate a systemically important system creating risks to the strength and to the smooth functioning of the brazilian financial system, which is to be determined by the bcb depending on the clearing systems' volume and nature, may be subject to different rules than the rest of clearing houses and clearing service providers. (7) the bcb has adopted different measures in order to implement resolution 2882 and to ensure compliance by clearing houses and clearing services providers with the values, principles and rules applicable to the payment system. in particular, circular 3057 contains the detailed regulation for the functioning of clearing houses and clearing service providers and sets out several requirements that they must comply with, including capital requirements, transparency standards, risk control measures and operational requirements. the bcb issued policy statement no 25097 on the adoption of the principles for financial markets infrastructures (pfmis) issued in april 2012 by the committee on payment and settlement systems (2) (cpss) and the international organization of securities commissions (iosco), by which the bcb applies the pfmis in its supervision and oversight of clearing houses and clearing services providers. (8) pursuant to circular 3057, clearing houses and clearing service providers must adopt internal rules and procedures ensuring compliance with all relevant requirements and containing all the relevant aspects related to its function, including the safeguards to manage credit, liquidity and operational risk. those internal rules and procedures are submitted to, and firstly assessed by, the bcb in the authorisation procedure. in addition, material changes to the internal rules and procedures have to also be approved by the bcb. any other non-material changes to internal rules and procedures must be communicated to the bcb before 30 days after the changes have been made, and the bcb can oppose them. (9) the legally binding requirements applicable to ccps authorised in brazil therefore comprise a two-tiered structure. the core principles contained in law 10214, and the resolutions, circulars and instructions adopted pursuant to it set out the high-level standards with which clearing houses and clearing service providers must comply in order to obtain authorisation to provide clearing services in brazil (together, the primary rules). those primary rules comprise the first tier of the legally binding requirements in brazil. in order to prove compliance with the primary rules, clearing houses and clearing service providers must submit their internal rules and procedures to bcb for approval or non-objection. those internal rules and procedures comprise the second tier of the legally binding requirements in brazil, which must provide prescriptive detail regarding the way in which the clearing houses and clearing service providers will meet those standards. bcb will assess compliance by clearing houses and clearing service providers with those standards and with the pfmis. once approved by bcb, the internal rules and procedures become legally binding upon the clearing houses and clearing service providers. (10) the equivalence assessment of the legal and supervisory arrangements applicable to clearing houses and clearing services providers in brazil should also take into account the risk mitigation outcome that they ensure in terms of the level of risk to which clearing members and trading venues established in the union are exposed when participating in those entities. the risk mitigation outcome is determined by both the level of risk inherent in the clearing activities carried out by the ccp concerned which depends on the size of the financial market in which it operates, and the appropriateness of the legal and supervisory arrangements applicable to ccps to mitigate that level of risk. in order to achieve an equivalent risk mitigation outcome, more stringent risk mitigation requirements are necessary for ccps carrying out their activities in larger financial markets whose inherent level of risk is higher than for ccps carrying out their activities in smaller financial markets whose inherent level of risk is lower. (11) the financial market in which clearing houses and clearing services providers established in brazil carry out their clearing activities is significantly smaller than that in which ccps established in the union are active. over the past 3 years, the total value of derivative transactions cleared in brazil represented less than 3 % of the total value of derivative transactions cleared in the union. therefore, participation in clearing houses and clearing services providers exposes clearing members and trading venues established in the union to significantly lower risks than their participation in ccps authorised in the union. (12) the legal and supervisory arrangements applicable to clearing houses and clearing services providers established in brazil may therefore be considered as equivalent where they are appropriate to mitigate that lower level of risk. the primary rules applicable to clearing houses and clearing services providers complemented by their internal rules and procedures which require compliance with the pfmis, mitigate the lower level of risk existing in brazil and achieve a risk mitigation outcome equivalent to that pursued by regulation (eu) no 648/2012. (13) it should therefore be concluded that the legal and supervisory arrangements of brazil ensure that clearing houses and clearing service providers authorised therein comply with legally binding requirements which are equivalent to the requirements laid down in title iv of regulation (eu) no 648/2012. (14) according to the second condition under article 25(6) of regulation (eu) no 648/2012, the legal and supervisory arrangements of brazil in respect of ccps authorised therein must provide for effective supervision and enforcement of those ccps on an ongoing basis. (15) the bcb conducts ongoing monitoring of clearing houses' and clearing service providers' compliance with the legally binding requirements applicable to them. the bcb has, in addition, several means to ensure such compliance. in particular, bcb has the power to request information from clearing houses and clearing services providers, issue warning notices to them and request them to make certain amendments to their rules as deemed necessary. in addition, the bcb may also impose fines for any infringement by clearing houses or clearing services providers of the legally binding requirements applicable to them and has the power to even withdraw their authorisations. (16) it should therefore be concluded that clearing houses and clearing service providers authorised in brazil are subject to effective supervision and enforcement on an ongoing basis. (17) according to the third condition under article 25(6) of regulation (eu) no 648/2012, the legal and supervisory arrangements of brazil must include an effective equivalent system for the recognition of ccps authorised under third-country legal regimes (third-country ccps). (18) ccps authorised in a third country in which the legal and supervisory arrangements ensure similar outcomes to those ensured by the legal and supervisory arrangements applicable in brazil and which comply with the pfmis, which have equivalent regulation on anti-money laundering, and in which ccps are subject to effective supervision may provide services in brazil. the conclusion of cooperation arrangements between bcb and the competent third-country authority of the applicant ccp is also required for recognition to be granted. (19) it should therefore be concluded that the legal and supervisory arrangements of brazil provide for an effective equivalent system for the recognition of third-country ccps. (20) this decision is based on the legally binding requirements relating to clearing houses and clearing services providers applicable in brazil at the time of the adoption of this decision. the commission should continue monitoring on a regular basis the evolution of the legal and supervisory framework for clearing houses and clearing services providers and the fulfilment of the conditions on the basis of which this decision has been taken. (21) the regular review of the legal and supervisory arrangements applicable in brazil to ccps authorised therein should be without prejudice to the possibility of the commission to undertake a specific review at any time outside the general review, where relevant developments make it necessary for the commission to re-assess the equivalence granted by this decision. such re-assessment could lead to the repeal of this decision. (22) the measures provided for in this decision are in accordance with the opinion of the european securities committee, has adopted this decision: article 1 for the purposes of paragraph 6 of article 25 of regulation (eu) no 648/2012, the legal and supervisory arrangements of brazil consisting of law 10214 and the resolutions, circulars and instructions adopted pursuant to it, as complemented by the policy statement no 25097 on the adoption of the principles for financial markets infrastructures for the oversight of activities of central counterparties participating in the brazilian payments system, and applicable to clearing houses and clearing services providers shall be considered to be equivalent to the requirements laid down in regulation (eu) no 648/2012. article 2 this decision shall enter into force on the the twentieth day following that of its publication in the official journal of the european union. done at brussels, 15 december 2016. for the commission the president jean-claude juncker (1) oj l 201, 27.7.2012, p. 1. (2) as of 1 september 2014 the committee on payment and settlement systems has changed its name to committee on payment and market infrastructures cpmi).

name: commission implementing decision (eu) 2016/2278 of 15 december 2016 on the equivalence of the regulatory framework for central counterparties in the united arab emirates in accordance with regulation (eu) no 648/2012 of the european parliament and of the council type: decision_impl subject matter: financial institutions and credit; executive power and public service; free movement of capital; asia and oceania; trade policy; budget date published: 2016-12-16 16.12.2016 en official journal of the european union l 342/68 commission implementing decision (eu) 2016/2278 of 15 december 2016 on the equivalence of the regulatory framework for central counterparties in the united arab emirates in accordance with regulation (eu) no 648/2012 of the european parliament and of the council the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 648/2012 of the european parliament and of the council of 4 july 2012 on otc derivatives, central counterparties and trade repositories (1), and in particular article 25(6) thereof, whereas: (1) the procedure for recognition of central counterparties (ccps) established in third countries set out in article 25 of regulation (eu) no 648/2012 aims to allow ccps established and authorised in third countries whose regulatory standards are equivalent to those laid down in that regulation to provide clearing services to clearing members or trading venues established in the union. that recognition procedure and the equivalence decisions provided for therein thus contribute to the achievement of the overarching aim of regulation (eu) no 648/2012 to reduce systemic risk by extending the use of safe and sound ccps to clear over-the-counter (otc) derivative contracts, including where those ccps are established and authorised in a third country. (2) in order for a third-country legal regime to be considered equivalent to the legal regime of the union in respect of ccps, the substantive outcome of the applicable legal and supervisory arrangements should be equivalent to union requirements in respect of the regulatory objectives they achieve. the purpose of this equivalence assessment is therefore to verify that the legal and supervisory arrangements of the united arab emirates (uae) ensure that ccps established and authorised therein do not expose clearing members and trading venues established in the union to a higher level of risk than the latter could be exposed to by ccps authorised in the union and, consequently, do not pose unacceptable levels of systemic risk in the union. the significantly lower risks inherent in clearing activities carried out in financial markets that are smaller than the union financial market should thereby, in particular, be taken into account. (3) in accordance with article 25(6) of regulation (eu) no 648/2012, three conditions need to be fulfilled in order to determine that the legal and supervisory arrangements of a third country regarding ccps authorised therein are equivalent to those laid down in that regulation. (4) according to the first condition, ccps authorised in a third country must comply with legally binding requirements which are equivalent to the requirements laid down in title iv of regulation (eu) no 648/2012. (5) the legally binding requirements of the uae for ccps authorised therein consist of the regulations (the regulations) issued by the uae securities and commodities authority (sca). the regulations set out the requirements that ccps have to comply with on an ongoing basis to be able to provide clearing services in the uae. these comprise of decision no 157\r of 2005 which defines a clearing agency and the sca board decision no 11 of 2015 which set out requirements for ccps. ccps established in the uae have to be authorised by the sca. (6) the sca has issued a regulation (sca board decision no 11 of 2015) requiring ccps authorised in the uae to comply with the principles for financial markets infrastructures (pfmis) issued in april 2012 by the committee on payment and settlement systems (2) and the international organization of securities commissions. (7) pursuant to the regulations, ccps must adopt internal rules and procedures ensuring compliance with all relevant requirements and containing all the relevant aspects related to its function, including the safeguards to manage credit, liquidity and operational risk. those internal rules and procedures need to be approved by the sca. moreover, those internal rules and procedures cannot be amended if the sca objects to the intended amendments. moreover, the methodologies for the calculation of the financial resources and the stress test scenarios that a ccp uses are subject to the approval of the sca. (8) the legally binding requirements applicable to ccps authorised in the uae therefore comprise a two-tiered structure. the core principles contained in the regulations, particularly sca board decision no 11 of 2015, lay down the high-level standards with which ccps must comply in order to obtain authorisation to provide clearing services in the uae. those regulations comprise the first tier of the legally binding requirements in the uae. the internal rules and procedures of the ccp comprise the second tier of the legally binding requirements in the uae. the sca assesses compliance by the ccp with the regulations and with the pfmis. once approved by the sca, the internal rules and procedures become legally binding upon the ccp. (9) the equivalence assessment of the legal and supervisory arrangements applicable to ccps established in the uae should also take into account the risk mitigation outcome that they ensure in terms of the level of risk to which clearing members and trading venues established in the union are exposed when participating in those entities. the risk mitigation outcome is determined by both the level of risk inherent in the clearing activities carried out by the ccp concerned which depends on the size of the financial market in which it operates, and the appropriateness of the legal and supervisory arrangements applicable to ccps to mitigate that level of risk. in order to achieve an equivalent risk mitigation outcome, more stringent risk mitigation requirements are necessary for ccps carrying out their activities in larger financial markets whose inherent level of risk is higher than for ccps carrying out their activities in smaller financial markets whose inherent level of risk is lower. (10) the financial market in which ccps authorised in the uae carry out their clearing activities is significantly smaller than that in which ccps established in the union are active. over the past 3 years, the total value of derivative transactions cleared in the uae represented less than 1 % of the total value of derivative transactions cleared in the union. therefore, participation in ccps established in the uae exposes clearing members and trading venues established in the union to significantly lower risks than their participation in ccps authorised in the union. (11) the legal and supervisory arrangements applicable to ccps established in the uae may therefore be considered as equivalent where they are appropriate to mitigate that lower level of risk. the regulations applicable to ccps authorised in the uae, complemented by the internal rules and procedures, which implement the pfmis, mitigate the lower level of risk existing in the uae and achieve a risk mitigation outcome equivalent to that pursued by regulation (eu) no 648/2012. (12) it should therefore be concluded that the legal and supervisory arrangements of the uae ensure that ccps authorised therein comply with legally binding requirements which are equivalent to the requirements laid down in title iv of regulation (eu) no 648/2012. (13) according to the second condition under article 25(6) of regulation (eu) no 648/2012, the legal and supervisory arrangements of the uae in respect of ccps authorised therein must provide for effective supervision and enforcement of those ccps on an ongoing basis. (14) the supervision of ccps authorised in the uae is carried out by the sca. the sca is empowered to conduct ongoing monitoring of ccps' compliance with the legally binding requirements applicable to them. in this sense, the sca may request information from ccps, carry out on-site inspections, issue instructions to remedy infringements or potential infringements of the prudential requirements or practices which are against the well-functioning of the financial markets and order ccps to set up internal control and risk control measures. the sca can also remove the management, some members of specific committees and other staff of the ccp. further, the sca is empowered to revoke the ccp's authorisation. the sca may also impose disciplinary actions, as well as fines, to ccps for failure to comply with the legally binding requirements applicable to them. (15) it should therefore be concluded that ccps authorised in the uae are subject to effective supervision and enforcement on an ongoing basis. (16) according to the third condition under article 25(6) of regulation (eu) no 648/2012, the legal and supervisory arrangements of the uae must include an effective equivalent system for the recognition of ccps authorised under third-country legal regimes (third-country ccps). (17) the sca may recognise ccps which are authorised in third countries in which the legal and supervisory arrangements ensure similar outcomes to those ensured by the legal and supervisory arrangements applicable in the uae. moreover, third-country ccps must be subject to effective supervision ensuring compliance with the applicable legal and supervisory arrangements. the conclusion of a memorandum of understanding between the uae and the competent third-country supervisory authority of the applicant ccp is also required for recognition to be granted. (18) it should therefore be concluded that the legal and supervisory arrangements of the uae provide for an effective equivalent system for the recognition of third-country ccps. (19) this decision is based on the legally binding requirements relating to ccps applicable in the uae at the time of the adoption of this decision. the commission, in cooperation with esma, should continue monitoring on a regular basis the evolution of the legal and supervisory framework for ccps in the uae and the fulfilment of the conditions on the basis of which this decision has been taken. (20) the regular review of the legal and supervisory arrangements applicable in the uae to ccps authorised therein should be without prejudice to the possibility of the commission to undertake a specific review at any time outside the general review, where relevant developments make it necessary for the commission to re-assess the equivalence granted by this decision. such re-assessment could lead to the repeal of this decision. (21) the measures provided for in this decision are in accordance with the opinion of the european securities committee, has adopted this decision: article 1 for the purposes of paragraph 6 of article 25 of regulation (eu) no 648/2012, the legal and supervisory arrangements of the uae consisting of the regulations issued by the uae securities and commodities authority (sca), as complemented by the application of the principles for financial markets infrastructures enacted by sca board decision no 11 of 2015, and applicable to ccps authorised therein shall be considered to be equivalent to the requirements laid down in regulation (eu) no 648/2012. article 2 this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at brussels, 15 december 2016. for the commission the president jean-claude juncker (1) oj l 201, 27.7.2012, p. 1. (2) as of 1 september 2014 the committee on payment and settlement systems has changed its name to committee on payment and market infrastructures.

name: commission implementing decision (eu) 2016/2229 of 9 december 2016 terminating the partial interim review pursuant to article 11(3) of regulation (eu) 2016/1036 of the european parliament and of the council of the anti-dumping measures applicable to imports of sodium gluconate originating in the people's republic of china, limited to one chinese exporting producer, shandong kaison type: decision_impl subject matter: trade; food technology; asia and oceania; chemistry; international trade; competition date published: 2016-12-10 10.12.2016 en official journal of the european union l 336/40 commission implementing decision (eu) 2016/2229 of 9 december 2016 terminating the partial interim review pursuant to article 11(3) of regulation (eu) 2016/1036 of the european parliament and of the council of the anti-dumping measures applicable to imports of sodium gluconate originating in the people's republic of china, limited to one chinese exporting producer, shandong kaison the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) 2016/1036 of the european parliament and of the council of 8 june 2016 on protection against dumped imports from countries not members of the european union (1) (the basic regulation), and in particular article 9(1) thereof, whereas: 1. procedure 1.1. measures in force (1) by implementing regulation (eu) no 965/2010 (2) the council imposed a definitive anti-dumping duty on imports of dry sodium gluconate with a customs union and statistics (cus) number 0023277-9 and a chemical abstracts service (cas) registry number 527-07-1, currently falling within cn code ex 2918 16 00 (taric code 2918160010) and originating in the people's republic of china. 1.2 request for a review (2) the commission received a request for a partial interim review pursuant to article 11(3) of the council regulation (ec) no 1225/2009 (3) lodged by jungbunzlauer sa and roquette italia spa (the applicants). the request was limited in scope to the examination of dumping as far as one exporting producer from the people's republic of china (prc), namely shandong kaison, is concerned. 1.3 initiation of a review (3) having determined, after informing the member states, that the request contained sufficient prima facie evidence to justify the initiation of the partial interim review, the commission announced, by a notice of initiation (4) published in the official journal of the european union on 19 february 2016, the initiation of a partial interim review pursuant to article 11(3) of the regulation (ec) no 1225/2009 on protection against dumped imports from countries not members of the european community limited to the examination of dumping as far as shandong kaison is concerned. 2. withdrawal of the request and termination of the proceeding (4) by letter of 22 september 2016 addressed to the commission, the applicants withdrew their request for review. (5) in accordance with articles 9(1) of the basic regulation, a proceeding may be terminated when the request is withdrawn, unless such termination would not be in the union interest. (6) the investigation has not brought to light any considerations showing that such termination would not be in the union interest. therefore, the commission considers that the present investigation should be terminated. interested parties were informed accordingly and were given an opportunity to comment. however, no comments were received. (7) the commission therefore concludes that the partial interim review concerning the imports of sodium gluconate originating in the prc should be terminated. (8) this decision is in accordance with the opinion of the committee established by article 15(1) of the basic regulation, has adopted this decision: article 1 the partial interim review of the anti-dumping measures applicable to imports of sodium gluconate originating in the peoples' republic of china is hereby terminated without amending the level of the anti-dumping measure in force. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 9 december 2016. for the commission the president jean-claude juncker (1) oj l 176, 30.6.2016, p. 21. (2) council implementing regulation (eu) no 965/2010 of 25 october 2010 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of sodium gluconate originating in the people's republic of china (oj l 282, 28.10.2010, p. 24). (3) council regulation (ec) no 1225/2009 of 30 november 2009 on protection against dumped imports from countries not members of the european community (oj l 343, 22.12.2009, p. 51). this regulation has been codified by the basic regulation. (4) notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of sodium gluconate originating in the people's republic of china, limited to one chinese exporting producer, shandong kaison (oj c 64, 19.2.2016, p. 4).

name: commission implementing decision (eu) 2016/2219 of 8 december 2016 amending the annex to implementing decision (eu) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype h5n8 in certain member states (notified under document c(2016) 8436) (text with eea relevance ) type: decision_impl subject matter: agricultural activity; international trade; economic geography; agricultural policy date published: 2016-12-09 9.12.2016 en official journal of the european union l 334/52 commission implementing decision (eu) 2016/2219 of 8 december 2016 amending the annex to implementing decision (eu) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype h5n8 in certain member states (notified under document c(2016) 8436) (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) commission implementing decision (eu) 2016/2122 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype h5n8 in holdings in denmark, germany, hungary, the netherlands, austria and sweden (the concerned member states) and the establishment of protection and surveillance zones by the competent authority of the concerned member states in accordance with council directive 2005/94/ec (4). (2) implementing decisions (eu) 2016/2122 provides that the protection and surveillance zones established by the concerned member states in accordance with directive 2005/94/ec are to comprise at least the areas listed as protection and surveillance zones in the annex to that implementing decision. (3) since the date of adoption of implementing decisions (eu) 2016/2122, germany and the netherlands have notified the commission of further outbreaks of avian influenza of subtype h5n8 in holdings outside the areas listed in the annex to that implementing decisions and they have taken the necessary measures required in accordance with directive 2005/94/ec, including the establishment of protection and surveillance zones around those new outbreaks. (4) in addition, since the date of adoption of implementing decision (eu) 2016/2122, hungary has also notified the commission of several further outbreaks of highly pathogenic avian influenza of subtype h5n8 on its territory. taking into account the epidemiological situation in hungary, it is necessary to extend the areas that that member state has established as protection and surveillance zones in accordance with directive 2005/94/ec. (5) furthermore, since the date of adoption of implementing decision (eu) 2016/2122, france and poland have notified the commission of outbreaks of highly pathogenic avian influenza of subtype h5n8 in holdings on their territory where poultry are kept and they have taken the necessary measures required in accordance with directive 2005/94/ec, including the establishment of protection and surveillance zones around those outbreaks. (6) in all cases, the commission has examined the measures taken by the germany, france, hungary, the netherlands and poland in accordance with directive 2005/94/ec and has satisfied itself that the boundaries of the protection and surveillance zones, established by the competent authorities of those member states, are at a sufficient distance to any holding where an outbreak of highly pathogenic avian influenza of subtype h5n8 has been confirmed. (7) 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 describe at union level, in collaboration with germany, hungary and the netherlands, the new protection and surveillance zones established in those member states in accordance with directive 2005/94/ec. therefore, the areas listed for those member states in the annex to implementing decision (eu) 2016/2122 should be amended. (8) in addition, it is also necessary to rapidly describe at union level, in collaboration with france and poland, the protection and surveillance zones established in those member states in accordance with directive 2005/94/ec. the annex to implementing decision (eu) 2016/2122 should therefore be further amended in order to include the areas established in france and poland as protection and surveillance zones in accordance with that directive. (9) accordingly, the annex to implementing decision (eu) 2016/2122 should be amended to update regionalisation at union level to include the new protection and surveillance zones and the duration of the restrictions applicable therein. (10) implementing decision (eu) 2016/2122 should therefore be amended accordingly. (11) 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 the annex to implementing decision (eu) 2016/2122 is amended in accordance with the annex to this decision. article 2 this decision is addressed to the the member states. done at brussels, 8 december 2016. 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) commission implementing decision (eu) 2016/2122 of 2 december 2016 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype h5n8 in certain member states (oj l 329, 3.12.2016, p. 75). (4) 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). annex the annex to implementing decision (eu) 2016/2122 is amended as follows: (1) part a is amended as follows: (a) the entry for germany is replaced by the following: member state: germany area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec in der gemeinde neukloster die ortsteile neuhof nevern neukloster (davon nur betroffen die stra en feldstra e beginnend ab einfahrt blumenstra e richtung neuhof, blumenstra e, hopfenbachstra e, wiesenweg, hechtskuhl, g nsekuhl, pernieker stra e in richtung perniek ab ausfahrt hopfenbachstra e) 21.12.2016 in der gemeinde glasin die ortsteile perniek pinnowhof 21.12.2016 in der gemeinde z sow die ortsteile z sow tollow 21.12.2016 in der gemeinde quedlinburg die ortsteile quarmbeck bad suderode gernrode 19.12.2016 in der gemeinde ballenstedt der ortsteil ortsteil rieder 19.12.2016 in der gemeinde thale die ortsteile ortsteil neinstedt ortsteil stecklenberg 19.12.2016 stadt ueckerm nde 17.12.2016 gemeinde grambin 17.12.2016 in der gemeinde liepgarten der ortsteil liepgarten 17.12.2016 in der gemeinde mesekenhagen die ortsteile mesekenhagen fr tow gristow kalkvitz klein karrendorf gro karrendorf kowall 12.12.2016 in der gemeinde wackerow die ortsteile gro kieshof gro kieshof ausbau klein kieshof 12.12.2016 in der gemeinde neuenkirchen der ortsteil oldenhagen 12.12.2016 in der gemeinde neu boltenhagen die ortsteile neu boltenhagen karbow lodmannshagen 12.12.2016 in der gemeinde kemnitz der ortsteil rappenhagen 12.12.2016 in der gemeinde katzow der ortsteil k hlenhagen 12.12.2016 in der gemeinde kenz-k strow die ortsteile dabitz k strow zipke 10.12.2016 stadt barth einschlie lich ortsteile tannenheim gl witz ohne ortsteil planitz 10.12.2016 in der gemeinde sundhagen der ortsteil jager 12.12.2016 in der gemeinde sundhagen die ortsteile mannhagen wilmshagen hildebrandshagen altenhagen klein behnkenhagen behnkendorf gro behnkenhagen engelswacht miltzow klein miltzow reinkenhagen hankenhagen 10.12.2016 in der stadt sassnitz die ortsteile sassnitz dargast werder buddenhagen 10.12.2016 in der gemeinde sagard: der see am kreideabbaufeld n rdlich von dargast 10.12.2016 in der gemeinde demen der ort und die ortsteile demen kobande venzkow 17.12.2016 landkreis cloppenburg gemeinde bar el ortsteil harkebr gge vom schnittpunkt bahnlinie/ stliche gemeindegrenze bar el entlang der gemeindegrenze in s dlicher richtung bis zur bismarckstra e, entlang dieser in westlicher richtung bis zur dorfstra e in harkebr gge, entlang der dorfstra e in s dlicher richtung bis zur glittenbergstra e, entlang dieser in westlicher richtung, dann entlang kreisstra e, stra e am scharrelerdamm und entlang der westlichen gemeindegrenze nach norden bis zur bahnlinie in elisabethfehn und von dort entlang der bahnlinie in stlicher richtung bis zum ausgangspunkt bahnlinie/ stliche gemeindegrenze 15.12.2016 landkreis ammerland gemeinde edewecht schnittpunkt kreisgrenze/kortemoorstra e, kortemoorstra e, h bscher berg, lohorster stra e, wittenberger stra e, edewechter stra e, rothenmethen, kanalstra e, am vo barg, wirtschaftweg zwischen am vo barg und am jagen , am jagen, edewechter stra e, ocholter stra e, nordloher stra e, bahnlinie richtung bar el bis kreisgrenze, entlang der kreisgrenze in s d stliche richtung bis zum schnittpunkt kreisgrenze/kortemoorstra e 15.12.2016 (b) the following entry for france is inserted between the entry for germany and the entry for hungary: member state: france area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec les municipalit s suivantes dans les d partements du tarn, du tarn et garonne et de l'aveyron: saint-benoit-de-carmaux, trevien, saint-marcel-campes, almayrac, combefa, mouzieys-panens, saint-martin-laguepie, cordes-sur-ciel, virac, salles, lacapelle-segalar, carmaux, bournazel, sainte-gemme, monesties, labastide-gabausse, le segur, laparrouquial 2.1.2017 les municipalit s suivantes dans les d partements des pyr n es atlantiques et des hautes pyr n es: ger et ibos 2.1.2017 les municipalit s suivantes dans le d partement du lot-et-garonne: monbahus, monviel, segalas 2.1.2017 les municipalit s suivantes dans le d partement du gers: eauze, lauraet, beaumont, mouchan, monlezun et pallanne 2.1.2017 (c) the entries for hungary and the netherlands are replaced by the following: member state: hungary area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec szakon a bugacot m ricg ttal sszek t 54105- s ton haladva az 54102 s 54105 el gaz st l 3km d lnyugat fel haladva a t zl rt kiskunmajs val sszek t 5405- s t fel , az 5405- s ton t zl rt l 9 km-re a kisk r si/kiskunmajsai j r sok hat r t l 0,8 km kelet fel haladva szank belter let hat r t l 0,5 km d l fel haladva a szankot fel l az 5405- s t fel tart t s az 5405- s t el gaz si pontja. d l fel haladva az 5402-es t fel kiskunmajsa belter let hat r t l 3,5 km az 5402-es t ment n t volodva kiskunmajs t l. d lkeleti ir nyban az 5409-es t kiskunmajsa belter let hat r t l 5 km d l-d lkelet fel haladva az 5405- s t fel az 5405- s s az 5442-es t el gaz s t l nyugat fel 0,5 km d li ir nyba haladva a megyehat rig a megyehat r ment n haladva d lkelet, majd 3 km ut n szak fel az 54 11-es tig a megyehat r 5411-es tt l 6 km -re l v t r spontj t l d li ir nyban 1,5 km a megyehat r k vetkez t r spontja el tt 0,4 km a megyehat ron haladva szaknyugat fel haladva 4km-t majd szakkelet fel haladva az m5 aut p ly t l 3 km nyugat fel haladva az 5405- s ton j szszentl szl belter let hat r t l 1 km d l fel haladva 1km, majd szaknyugat fel haladva 1 km, majd szak fel haladva az 5405- s tig az 5405- s ton m ricg t fel haladva a k vetkez t r spontig szakkelet fel haladva 2 km, majd szaknyugat fel haladva a kiindul pontig, valamint csongr d megye m rahalom s kistelek j r sainak az n46,458679 s az e19,873816; s az n46,415988 s az e19,868078; s az n46,4734 s az e20,1634, s az n46,540227, e19,816115 s az n46,469738 s az e19,8422, s az n46,474649 s az e19,866126, s az n46,406722 s az e19,864139, s az n46,411634 s az e19,883893, s az n46,630573 s az e19,536706, s az n46,628228 s az e19,548682, s az n46,63177 s az e19,603322, s az n46,626579 s az e19,652752, s az n46,568135 s az e19,629595, s az n46,593654 s az e19,64934, s az n46,567552 s az e19,679839, s az n46,569787 s az e19,692051, s az n46,544216 s az e19,717363, s az n46,516493 s az e19,760571, s az n46,555731 s az e19,786764, s az n46,5381 s az e19,8205, s az n46,5411 s az e19,8313, s az n 46,584928 s az e19,675551, s az n46,533851 s az e 19,811515 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 26.12.2016 b cs-kiskun megye kiskunf legyh za, kecskem t s kiskunmajsa j r s nak az n46.682422 s az e19.638406, s az n46.685278 s az e19.64, valamint az n46,689837 s az e19,674396 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei, tov bb bugac (bugac-als monostor n lk l) s m ricg t-erd sz plak telep l sek teljes be p tett ter lete 23.12.2016 b cs-kiskun megye kiskunhalas j r s nak az n46.268418 s az e19.573609, n46.229847 s az e19.619350 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei valamint kelebia- jfalu telep l s teljes be p tett ter lete 11.12.2016 csongr d megye m rahalom j r s nak az n46.342763 s az e19.886990, valamint az n46,3632 s az e19,8754 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei, valamint forr sk t, ll s s bord ny telep l sek teljes be p tett ter lete 21.12.2016 j sz-nagykun-szolnok megye kunszentm rton j r s nak az n46.8926211 s az e20.367360, valamint az n46.896193 s az e20.388287 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei, valamint cs d telep l s teljes be p tett ter lete 16.12.2016 b cs-kiskun megye kiskunf legyh za j r s nak az n46,665317 s az e19,805388, s az n46,794889 s az e19,817377, valamint a 46,774805 s az 19,795087 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 23.12.2016 b cs-kiskun megye kiskunmajsa j r s nak az n46,597614 s az e19,804221 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 21.12.2016 b cs-kiskun megye kiskunf legyh za s kisk r s j r sainak az n46,609325 s az e19,471926; s az n46,603027 s az e19,478501; s az n46,634476 s az e19,527839 s az n46,622625; s az e19,537204 s az n46,597614, valamint az e19,804221 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 21.12.2016 b k s megye sarkad j r s nak az n46,951822 s az e21,603480 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 23.12.2016 csongr d megye szentes j r s nak az n46,682909, s az e20,33426 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 24.12.2016 b k s megye orosh zi, mez kov csh zi s b k csabai j r s nak az n46,599129 s az e21,02752, s az n46,595641 s az e21,028533, valamint az n46,54682222 s az e20,8927 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 27.12.2016 b cs-kiskun megye kiskunf legyh zi s csongr d megye kisteleki j r s nak az n46,544052 s az e19,968252 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 25.12.2016 member state: the netherlands area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec biddinghuizen i vanaf kruising swifterweg (n710) met hoge vaart (water), hoge vaart volgen in noordoostelijke richting tot aan oosterwoldertocht (water) oosterwoldertocht volgen in zuidoostelijke richting tot aan elburgerweg (n309) elburgerweg (n309) volgen tot aan de brug in flevoweg over het veluwemeer veluwemeer volgen in zuidwestelijke richting tot aan bremerbergweg (n708) bremerbergweg (n708) volgen in noodwestelijke richting overgaand in oldebroekerweg tot aan swifterweg (n710) swifterweg (n710)volgen in noordelijke richtingtot aan hoge vaart (water) 18.12.2016 biddinghuizen ii vanaf kruising swifterweg (n710) met hoge vaart (water), hoge vaart volgen in noordoostelijke richting tot aan oosterwoldertocht (water). oosterwoldertocht volgen in zuidoostelijke richting tot aan olsterweg. olsterweg volgen in zuidwestelijke richting tot aan olderbroekerweg n709 olderbroekerweg n709 volgen in zuidoostelijke richting tot aan elburgerweg n309 elburgerweg (n309) volgen tot aan de brug in flevoweg over het veluwemeer veluwemeer volgen in zuidwestelijke richting tot aan strandgaperweg strandgaperweg volgen in noodwestelijke vervolgens in oostelijke richting en vervolgens weer in noordwestelijke richting tot aan mosseltocht van mosseltocht in noordwestelijke richting over betonpad tot aan mosselweg mosselweg overstekend via betonpad tot aan kokkeltocht van kokkeltocht in noordwestelijke richting via betonpad tot aan kokkelweg van kokkelweg via betonpad in noodwestelijke richting tot aan hoge vaart (water) hoge vaart volgen in noordoostelijke richting tot aan swifterweg (n710) 22.12.2016 biddinghuizen iii vanaf kruising swifterweg (n710) met hoge vaart (water), hoge vaart volgen in noordoostelijke richting tot aan oosterwoldertocht (water) oosterwoldertocht volgen in zuidoostelijke richting tot aan olstertocht olstertocht volgen in noordoostelijke richting tot aan elburgerweg n309 elburgerweg (n309) volgen tot aan de brug in flevoweg over het veluwemeer veluwemeer volgen in zuidwestelijke richting tot aan bremerbergweg bremerbergweg volgen in noordelijke richting tot aan oldebroekerweg oldebroekerweg volgen in noordwestelijke richting tot aan baan baan volgen in westelijke richting overgaand in swifterweg (n710) swifterweg (n710) volgen in noordelijke richting tot aan hoge vaart (water) 23.12.2016 (d) the following entry for poland is inserted between the entry for austria and the entry for sweden: member state: poland area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec obszar ograniczony: 1) od p nocy i wschodu: w gorzowie wielkopolskim od skrzy owania ulicy siedlickiej i stra ackiej, przez skrzy owanie ulic wietlanej z ulic kasztanow do przecicia prostopadle r wnoleg ych ulic olchowej i nowej w osiedlu pozna skim, nastpnie przecicia na wschodzie ulicy brzozowej i dalej w kierunku po udniowym do przecicia z szos e 65 wychodz c z deszczna na brzozowiec w odleg o ci 3 km od deszczna. 2) od po udnia: od przecicia z drog e 65 w kierunku po udniowym na miejscowo glinik obejmuj c od po udnia ca o tej miejscowo ci. nastpnie w kierunku zachodnim do przecicia z szos z miejscowo ci maszewo do miejscowo ci krasowiec w odleg o ci 3 km od maszewa. 3) od zachodu: od przecicia drogi z maszewa do krasowca dalej w kierunku p nocnym obejmuj c od zachodu miejscowo karnin, w kierunku gorzowa wielkopolskiego. przecinaj c drog krajow s 3, do skrzy owania ulicy siedlickiej i stra ackiej w gorzowie wielkopolskim. obszar obejmuje nastpuj ce miejscowo ci: gorz w wielkopolski w cz ci po o onej na po udnie od rzeki warty, w obrbie ulic: siedlickiej, stra ackiej, wietlanej, nowej, brzozowej, skwierzy skiej, wietrznej i ulic je cz cych; w gminie deszczno miejscowo ci: karnin, deszczno, maszewo, glinik. 25.12.2016 (2) part b is amended as follows: (a) the entry for germany is replaced by the following: member state: germany area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec kreis schleswig-flensburg: entlang der u eren gemeindegrenze schleswig, weiter auf u ere gemeindegrenze l rschau, weiter auf u ere gemeindegrenze idstedt, weiter auf u ere gemeindegrenze stolk, weiter auf u ere gemeindegrenze klappholz, weiter auf u ere gemeindegrenze havetoft, weiter auf obere gemeindegrenze mittelangeln, weiter auf obere gemeindegrenze mohrkirch, weiter auf u ere gemeindegrenze saustrup, weiter auf u ere gemeindegrenze wagersrott, weiter auf u ere gemeindegrenze dollrottfeld, weiter auf u ere gemeindegrenze boren bis zur kreisgrenze, an der kreisgrenze entlang bis 14.12.2016 kreis rendsburg-eckernf rde: gemeinde kosel: gesamtes gemeindegebiet. gemeinde rieseby amtsgrenze rieseby, s dlich weiter amtsgrenze kosel entlang bis kreisgrenze 14.12.2016 kreis schleswig-flensburg: s dlich an der gemeindegrenze borwedel entlang, weiter auf unterer gemeindegrenze fahrdorf bis zur gemeindegrenze schleswig 14.12.2016 stadt l beck: von der kreisgrenze ber den wasserweg durch den petroleumhafen, weiter durch die trave, verl ngerung des sandbergs, die b75 queren richtung heiligen-geist kamp, weiter ber die arnimstra e und edelsteinstra e, ber heiweg richtung wesloer tannen bzw. brandenbaumer tannen, die landesgrenze entlang, die landstra e berqueren, am wasser entlang bis zur kreisgrenze zu ostholstein, die kreisgrenze entlang zum petroleumhafen 14.12.2016 kreis ostholstein: die gemeinden ratekau, bad schwartau und timmendorfer strand sowie der nachfolgend beschriebene bereich der gemeinde scharbeutz: dem stra enverlauf der l 102 ab der stra e b velstredder folgend bis zur b76, der bundestra e bis zur wasserlinie folgend, weiter bis zur gemeindegrenze timmendorfer strand 14.12.2016 die gemeinde kirch mulsow gesamt 30.12.2016 in der gemeinde j rgenshagen die ortsteile klein sein moltenow klein gnemern ulrikenhof 30.12.2016 in der gemeinde bernitt die ortsteile glambeck jabelitz g llin k terhagen neu k terhagen hermannshagen 30.12.2016 in der gemeinde cariner land der ortsteil klein mulsow 30.12.2016 in der gemeinde jesendorf die ortsteile b schow neperstorf 30.12.2016 in der gemeinde warin die ortsteile allwardtshof mankmoos neu pennewitt pennewitt 30.12.2016 in der gemeinde benz die ortsteile benz gamehl goldebee kalsow warkstorf 30.12.2016 in der gemeinde l bow der ortsteil levetzow 30.12.2016 in der gemeinde hornstorf die ortsteile hornstorf kritzow rohlstorf r ggow 30.12.2016 in der gemeinde neuburg die ortsteile hageb k ilow kartlow lischow madsow nantrow neu farpen neu nantrow neuburg neuendorf steinhausen tatow vogelsang zarnekow 30.12.2016 in der gemeinde neukloster die ortsteile neukloster r gkamp ravensruh sellin 30.12.2016 in der gemeinde l bberstorf die ortsteile l bberstorf l dersdorf neum hle 30.12.2016 in der gemeinde glasin die ortsteile babst glasin gro tessin poischendorf strameu warnkenhagen 30.12.2016 in der gemeinde passe die ortsteile alt poorstorf goldberg h ltingsdorf neu poorstorf passee t zen 30.12.2016 in der gemeinde z sow die ortsteile b belin teplitz wakendorf 30.12.2016 in der gemeinde neukloster die ortsteile neuhof nevern neukloster (davon nur betroffen die stra en feldstra e beginnend ab einfahrt blumenstra e richtung neuhof, blumenstra e, hopfenbachstra e, wiesenweg, hechtskuhl, g nsekuhl, pernieker stra e in richtung perniek ab ausfahrt hopfenbachstra e) 22.12.2016 to 30.12.2016 in der gemeinde glasin die ortsteile perniek pinnowhof 22.12.2016 to 30.12.2016 in der gemeinde z sow die ortsteile z sow tollow 22.12.2016 to 30.12.2016 gemeinde ditfurt 28.12.2016 in der stadt quedlinburg die ortsteile gersdorfer burg morgenrot m nchenhof quarmbeck 28.12.2016 in der stadt ballenstedt die ortsteile asmusstedt badeborn opperode radisleben rieder 28.12.2016 in der stadt harzgerode die ortsteile h nichen m gdesprung 28.12.2016 in der gemeinde blankenburg die orte und ortsteile timmenrode wienrode 28.12.2016 in der stadt thale die ortsteile friedrichsbrunn neinstedt warnstedt weddersleben westerhausen 28.12.2016 in der gemeinde selmsdorf die orte und ortsteile hof selmsdorf selmsdorf lauen s lsdorf teschow zarnewanz 14.12.2016 in der gemeinde l dersdorf der ort palingen 14.12.2016 in der gemeinde sch nberg der ort kleinfeld 14.12.2016 in der gemeinde dassow die orte und ortsteile barendorf benckendorf 14.12.2016 in der stadt torgelow der ortsteil torgelow-holl nderei 26.12.2016 in der stadt eggesin mit dem ortsteil hoppenwalde sowie den wohnsiedlungen eggesiner teerofen gumnitz (gumnitz holl und klein gumnitz) karpin 26.12.2016 in der stadt ueckerm nde die ortsteile bellin berndshof 26.12.2016 gemeinde m nkebude 26.12.2016 gemeinde leopoldshagen 26.12.2016 gemeinde meiersberg 26.12.2016 in der gemeinde liepgarten die ortsteile j dkem hl starkenloch 26.12.2016 in der gemeinde luckow die ortsteile luckow christiansberg 26.12.2016 gemeinde vogelsang-warsin 26.12.2016 in der gemeinde l bs die ortsteile l bs annenhof millnitz 26.12.2016 in der gemeinde ferdinandshof die ortsteile blumenthal louisenhof sprengersfelde 26.12.2016 die stadt wolgast und die ortsteile buddenhagen hohendorf pritzier schlaense tannenkamp 21.12.2016 in der hansestadt greifswald die stadtteile fettenvorstadt fleischervorstadt industriegebiet innenstadt n rdliche m hlenvorstadt obstbaumsiedlung ostseeviertel sch nwalde ii stadtrandsiedlung steinbeckervorstadt s dliche m hlenstadt 21.12.2016 in der hansestadt greifswald die stadtteile sch nwalde i s dstadt 21.12.2016 in der hansestadt greifswald die stadtteile friedrichshagen ladebow insel koos ostseeviertel riems wieck eldena 21.12.2016 in der gemeinde gro kiesow die ortsteile kessin krebsow schlagtow schlagtow meierei 21.12.2016 in der gemeinde karlsburg die ortsteile moeckow zarnekow 21.12.2016 in der gemeinde l hmannsdorf die ortsteile l hmannsdorf br ssow giesekenhagen jagdkrug 21.12.2016 in der gemeinde wrangelsburg die ortsteile wrangelsburg gladrow 21.12.2016 in der gemeinde z ssow der ortsteil z ssow 21.12.2016 in der gemeinde neuenkirchen die ortsteile neuenkirchen oldenhagen wampen 21.12.2016 in der gemeinde wackerow die ortsteile wackerow dreizehnhausen gro petershagen immenhorst jarmshagen klein petershagen steffenshagen 21.12.2016 in der gemeinde hinrichshagen die ortsteile hinrichshagen feldsiedlung heimsiedlung chausseesiedlung hinrichshagen hof i und ii neu ungnade 21.12.2016 in der gemeinde mesekenhagen der ortsteil broock 21.12.2016 in der gemeinde levenhagen die ortsteile levenhagen alt ungnade boltenhagen heilgeisthof 21.12.2016 in der gemeinde diedrichshagen die ortsteile diedrichshagen guest 21.12.2016 in der gemeinde br nzow die ortsteile br nzow klein ernsthof kr pelin stielow stielow siedlung vierow 21.12.2016 in der gemeinde hanshagen der ortsteil hanshagen 21.12.2016 in der gemeinde katzow die ortsteile katzow netzeband 21.12.2016 in der gemeinde kemnitz die ortsteile kemnitz kemnitzerhagen kemnitz meierei neuendorf neuendorf ausbau rappenhagen 21.12.2016 in der gemeinde loissin die ortsteile gahlkow ludwigsburg 21.12.2016 gemeinde lubmin gesamt 21.12.2016 in der gemeinde neu boltenhagen die ortsteile neu boltenhagen loddmannshagen 21.12.2016 in der gemeinde rubenow die ortsteile rubenow gro ernsthof latzow nieder voddow nonnendorf rubenow siedlung voddow 21.12.2016 in der gemeinde wusterhusen die ortsteile wusterhusen gustebin pritzwald konerow stevelin 21.12.2016 gemeinde kenz-k strow ohne die im sperrbezirk liegenden ortsteile 20.12.2016 in der gemeinde l bnitz die ortsteile saatel redebas l bnitz ausbau l bnitz 20.12.2016 in der gemeinde divitz-spoldershagen die ortsteile divitz frauendorf wobbelkow spoldershagen 20.12.2016 stadt barth: restliches gebiet au erhalb des sperrbezirks 20.12.2016 in der gemeinde fuhlendorf die ortsteile fuhlendorf bodstedt gut gl ck 20.12.2016 gemeinde pruchten gesamt 20.12.2016 gemeinde ostseebad zingst gesamt 20.12.2016 in der hansestadt stralsund die stadtteile voigdehagen andershof devin 22.12.2016 in der gemeinde wendorf die ortsteile zitterpenningshagen teschenhagen 22.12.2016 gemeinde neu bartelshagen gesamt 20.12.2016 gemeinde gro kordshagen gesamt 20.12.2016 in der gemeinde kummerow der ortsteil kummerow-heide 20.12.2016 gemeinde gro mohrdorf: gro es holz westlich von kinnbackenhagen ohne ortslage kinnbackenhagen 20.12.2016 in der gemeinde altenpleen die ortsteile nisdorf g nz neuenpleen 20.12.2016 gemeinde velgast: karniner holz und bussiner holz n rdlich der bahnschiene sowie ortsteil manschenhagen 20.12.2016 gemeinde karnin gesamt 20.12.2016 in der stadt grimmen die ortsteile hohenwarth stoltenhagen 22.12.2016 in der gemeinde wittenhagen die ortsteile glashagen kakernehl wittenhagen windebrak 22.12.2016 in der gemeinde elmenhorst die ortsteile bookhagen elmenhorst neu elmenhorst 22.12.2016 gemeinde zarrendorf gesamt 22.12.2016 in der gemeinde s derholz die ortsteile griebenow dreizehnhausen kreutzmannshagen 21.12.2016 in der gemeinde s derholz die ortsteile willershusen w st eldena willerswalde bartmannshagen 22.12.2016 in der gemeinde sundhagen alle nicht im sperrbezirk befindlichen ortsteile 22.12.2016 gemeinde lietzow gesamt 22.12.2016 stadt sassnitz: gemeindegebiet au erhalb des sperrbezirkes 22.12.2016 gemeinde sagard gesamt 22.12.2016 in der gemeinde glowe die ortsteile polchow bobbin spyker baldereck 22.12.2016 gemeinde seebad lohme gesamt 22.12.2016 in der gemeinde garz/r gen auf der halbinsel zudar ein uferstreifen von 500 m breite stlich von glewitz zwischen f hranleger und palmer ort 21.12.2016 in der gemeinde garz/r gen der ortsteil glewitz 22.12.2016 in der gemeinde gustow die ortsteile prosnitz sissow 22.12.2016 in der gemeinde poseritz der ortsteil venzvitz 22.12.2016 in der gemeinde ostseebad binz der ortsteil prora 22.12.2016 in der gemeinde gneven der ortsteil vorbeck 26.12.2016 in der gemeinde langen br tz der orsteil kritzow 26.12.2016 in der gemeinde barnin die orte, ortsteile und ortslagen barnin hof barnin 26.12.2016 in der gemeinde b low der ort und ortsteile b low prestin runow 26.12.2016 in der gemeinde stadt crivitz die orte und ortsteile augustenhof basthorst crivitz, stadt g debehn kladow muchelwitz bahnstrecke wessin badegow radepohl 26.12.2016 in der gemeinde demen der ortsteil buerbeck 26.12.2016 in der gemeinde zapel der ort und die ortsteile zapel zapel-hof zapel-ausbau 26.12.2016 in der gemeinde friedrichsruhe die ortsteile goldenbow ruthenbeck neu ruthenbeck und bahnhof 26.12.2016 in der gemeinde z lkow der ort und die ortsteile kladrum z lkow gro niendorf 26.12.2016 in der gemeinde dabel der ort und die ortsteile dabel turloff dabel-woland 26.12.2016 in der gemeinde kobrow der ort und die ortsteile dessin kobrow i kobrow ii stieten wamckow seehof hof sch nfeld 26.12.2016 in der gemeinde stadt sternberg die gebiete obere seen und wendfeld peeschen 26.12.2016 in der gemeinde stadt br el die ortsteile golchen alt necheln neu necheln 26.12.2016 in der gemeinde kuhlen-wendorf der ort und die ortsteile gust vel holzendorf m sselmow weberin wendorf 26.12.2016 in der gemeinde weitendorf die orsteile j lchendorf kaarz sch nlage 26.12.2016 stadt ueckerm nde 18.12.2016 to 26.12.2016 gemeinde grambin 18.12.2016 to 26.12.2016 in der gemeinde liepgarten der ortsteil liepgarten 18.12.2016 to 26.12.2016 kreis schleswig-flensburg: ab ortsteil triangel, gemeinde n bel richtung norden auf die schleswiger stra e bis zur gemeindegrenze n bel/tolk, entlang dieser gemeindegrenze bis zur schleswiger stra e, stlich am ortsteil wellspang vorbei bis zur gemeindegrenze b klund, s dlich an der gemeindegrenze entlang bis zur kattbeker stra e, links ab bis zur hans-christophersen-allee, diese rechts weiter, bergehend in bellig und struxdorf bis zur gemeindegrenze struxdorf/b el, an dieser entlang richtung s den bis ortsteil boholzau, rechts auf gemeindegrenze struxdorf/twedt bis zur stra e boholz, diese links weiter auf boholzau und buschau, bis ortsteil buschau, links ab auf buschau, dann rechts weiter auf buschau, gleich wieder links auf l cke bis zur b 201, rechts weiter richtung s den bis links h ckerberg, weiter osterholz bis sportplatz, dann rechts auf verbindungsstra e zur stra e friedenstal, links weiter bis zur gemeindegrenze loit/steinfeld, dieser folgen bis gemeindegrenze steinfeld/taarstedt, dieser links folgen bis gemeindegrenze taarstedt/ulsnis, rechts weiter auf dieser gemeindegrenze, weiter auf der gemeindegrenze taarstedt/goltoft und taarstedt/brodersby und taarstedt/schaalby bis heerweg, dann links weiter auf heerweg bis hauptstra e, weiter rechts auf hauptstra e bis raiffeisenstra e, rechts weiter auf hauptstra e bis b 201, links weiter auf b 201 bis ortsteil triangel 6.12.2016 to 14.12.2016 stadt l beck: von der kreisgrenze entlang des sonnenbergsredder bis zum parkplatz im waldusener forst, richtung waldhusener weg, waldhusener weg folgend bis zur b75, ber die b75 richtung solmitzstra e, von der dummersdorfer stra e zum neuenteilsredder bis weg dummersbarn bis zur trave, die trave entlang, richtung p tenitzer wiek, die landstra e querend zur l becker bucht, landesgrenze ber den wasserweg zur strandpromenade, hin ber zur berlingstra e, ber godewind und fahrenberg, ber steenkamp zu r dsaal, timmendorfer weg richtung b76, die b76 berqueren und bollbr gg folgen, entlang der kreisgrenze zu ostholstein bis sonnenbergsredder 6.12.2016 to 14.12.2016 kreis ostholstein: in der gemeinde ratekau nachfolgend beschriebenes gebiet: travem nder stra e bis zur kreisgrenze zur stadt l beck; ab der kreisgrenze ortsteil kreuzkamp, offendorfer stra e gen norden entlang dem sonnenbergsredder k15. vor warnsdorf entlang des bachverlaufs bis zum schloss warnsdorf. der schlossstr. und der niendorfer str. bis zur tarvem nder stra e 6.12.2016 to 14.12.2016 in der gemeinde mesekenhagen die ortsteile mesekenhagen fr tow gristow kalkvitz klein karrendorf gro karrendorf kowall 13.12.2016 to 21.12.2016 in der gemeinde wackerow die ortsteile gro kieshof gro kieshof ausbau klein kieshof 13.12.2016 to 21.12.2016 in der gemeinde neuenkirchen der ortsteil oldenhagen 13.12.2016 to 21.12.2016 in der gemeinde neu boltenhagen die ortsteile neu boltenhagen karbow lodmannshagen 13.12.2016 to 21.12.2016 in der gemeinde kemnitz der ortsteil rappenhagen 13.12.2016 to 21.12.2016 in der gemeinde katzow der ortsteil k hlenhagen 13.12.2016 to 21.12.2016 in der gemeinde kenz-k strow die ortsteile dabitz k strow zipke 11.12.2016 to 20.12.2016 stadt barth einschlie lich ortsteile tannenheim gl witz ohne ortsteil planitz 11.12.2016 to 20.12.2016 in der gemeinde sundhagen der ortsteil jager 13.12.2016 to 22.12.2016 in der gemeinde sundhagen die ortsteile mannhagen wilmshagen hildebrandshagen altenhagen klein behnkenhagen behnkendorf gro behnkenhagen engelswacht miltzow klein miltzow reinkenhagen hankenhagen 11.12.2016 to 22.12.2016 in der stadt sassnitz die ortsteile sassnitz dargast werder buddenhagen 11.12.2016 to 22.12.2016 in der gemeinde sagard: der see am kreideabbaufeld n rdlich von dargast 11.12.2016 to 22.12.2016 in der gemeinde demen der ort und die ortsteile demen kobande venzkow 18.12.2016 to 26.12.2016 in der gemeinde quedlinburg die ortsteile quarmbeck bad suderode gernrode 20.12.2016 to 29.12.2016 in der gemeinde ballenstedt der ortsteil ortsteil rieder 20.12.2016 to 29.12.2016 in der gemeinde thale die ortsteile ortsteil neinstedt ortsteil stecklenberg 20.12.2016 to 29.12.2016 landkreis cloppenburg von der kreuzung b 401/b 72 in n rdlicher richtung entlang der b 72 bis zur kreisgrenze, von dort entlang der kreisgrenze in stlicher und s d stlicher richtung bis zur l 831 in edewechterdamm, von dort entlang der l 831 (altenoyther stra e) in s dwestlicher richtung bis zum lahe-ableiter, entlang diesem in nordwestlicher richtung bis zum buchweizendamm, entlang diesem weiter ber ringstra e, zum kellerdamm, vitusstra e, an der mehrenkamper schule, mehrenkamper stra e und lindenweg bis zur k 297 (schwaneburger stra e), entlang dieser in nordwestlicher richtung bis zur b 401 und entlang dieser in westlicher richtung bis zum ausgangspunkt kreuzung b 401/b 72 24.12.2016 landkreis ammerland schnittpunkt kreisgrenze/edamer stra e, edamer stra e, hauptstra e, auf der loge, zur loge, lienenweg, zur tonkuhle, burgfelder stra e, wischenweg, querensteder stra e, langer damm, an den feldk mpen, pollerweg, ocholter stra e, westerstede stra e, steegenweg, rostruper stra e, r schendamm, torsholter hauptstra e, s dholter stra e, westersteder stra e, westerloyer stra e, strohen, in der loge, buernstra e, am damm, moorweg, plackenweg, ihausener stra e, eibenstra e, eichenstra e, klauh rner stra e, am kanal, aper stra e, stahlwerkstra e, ginsterweg, am uhlenmeer, gr ner weg, s dgeorgsfehner stra e, schmuggelpadd, wasserzug bitsche bzw. kreisgrenze, hauptstra e, entlang kreisgrenze in s d stlicher richtung bis zum schnittpunkt kreisgrenze/edamer stra e das beobachtungsgebiet umfasst alle an beiden stra enseiten gelegenen tierhaltungen 24.12.2016 landkreis leer gemeinde detern anfang an der kreisgrenze cloppenburg-leer auf der b72 h he ubbehausen. in n rdlicher richtung ecke borgsweg / lieneweg weiter in n rdlicher richtung auf den deelenweg . diesem wieder folgend auf den handwieserweg . diesem nord stlich folgend auf die barger stra e und weiter n rdlich auf die stra e am barger sch pfswerkstief . dieser stlich folgend, dann n rdlich auf die stra e fennen weiter und dieser n rdlich folgend auf die stra e zur wasserm hle . n rdlich ber die j mme dem aper tief folgend in h he des franz sischer weg auf die osterstra e . von dort richtung kreisgrenze zum landkreis ammerland und dieser weiter folgend zum ausgangspunkt h he ubbehausen 24.12.2016 (b) the following entry for france is inserted between the entry for germany and the entry for hungary: member state: france area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec les municipalit s suivantes dans les d partements du tarn, du tarn et garonne et de l'aveyron: saint-jean-de-marcel, frausseilles, mailhoc, verfeil, milhavet, noailles, itzac, souel, montirat, castanet, tanus, vindrac-alayrac, le garric, donnazac, sainte-croix, varen, marnaves, tonnac, saint-andre-de-najac, livers-cazelles, loubers, montrosier, jouqueviel, najac, rosieres, cagnac-les-mines, villeneuve-sur-vere, valderies, labarthe-bleys, pampelonne, les cabannes, laguepie, taix, milhars, moulares, saint-christophe, mirandol-bourgnounac, amarens, roussayrolles, blaye-les-mines, le riols 2.1.2017 les municipalit s suivantes dans les d partements des pyr n es atlantiques et des hautes pyr n es: louey, pontacq, barzun, ossun, tarbes, lagarde, seron, espoey, juillan, azereix, aast, lanne, pintac, borderes-sur-l'echez, odos, luquet, gayan, garderes, oursbelille, saubole, ponson-dessus, oroix, tarasteix, livron 2.1.2017 les municipalit s suivantes dans le d partement du lot-et-garonne: villebramar, montauriol, douzains, saint-colomb-de-lauzun, cancon, bourgougnague, beaugas, serignac-peboudou, tourtres, saint-pastour, lavergne, moulinet, tombeboeuf, coulx, montastruc, laperche, lougratte, castillonnes, montignac-de-lauzun, lauzun, saint-maurice-de-lestapel 2.1.2017 les municipalit s suivantes dans les d partements du gers et des hautes pyr n es: armous-et-cau, bassoues, aux-aussat, blousson-serian, marseillan, laguian-mazous, malabat, laveraet, tillac, scieurac-et-floures, monclar-sur-losse, saint-justin, sauveterre, juillac, mielan, cazaux-villecomtal, bars, courties, tourdun, saint-christaud, auriebat, pouylebon, saint-maur, semboues, marciac, monpardiac, ricourt, troncens, buzon, laas, mascaras, larressingle, montreal, valence-sur-baise, gondrin, manciet, ramouzens, lagardere, larroque-sur-l'osse, espas, noulens, cassaigne, lannepax, maignaut-tauzia, bascous, fources, reans, condom, beraut, courrensan, cazeneuve, roques, bretagne-d'armagnac, castelnau-d'auzan, lagraulet-du-gers, demu, mansencome 2.1.2017 les municipalit s suivantes dans les d partements du tarn, du tarn et garonne et de l'aveyron saint-benoit-de-carmaux, trevien, saint-marcel-campes, almayrac, combefa, mouzieys-panens, saint-martin-laguepie, cordes-sur-ciel, virac, salles, lacapelle-segalar, carmaux, bournazel, sainte-gemme, monesties, labastide-gabausse, le segur, laparrouquial 2.1.2017 les municipalit s suivantes dans les d partements des pyr n es atlantiques et des hautes pyr n es: ger et ibos 2.1.2017 les municipalit s suivantes dans le d partement du lot-et-garonne: monbahus, monviel, segalas 2.1.2017 les municipalit s suivantes dans le d partement du gers: eauze, lauraet, beaumont, mouchan, monlezun et pallanne 2.1.2017 (c) the entries for hungary and the netherlands are replaced by the following: member state: hungary area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec az al bbi utak ltal behat rolt ter let: az 52-es t az m5-52-es kecskem ti csom pontj t l nyugat fel az 52-es t az 5301-es becsatlakoz s ig. innen d lnyugat fel 5301-es az 5309-es t becsatlakoz s ig. innen d l fel kiskunhalasig. kiskunhalast l kelet fel az 5408-as ton b cs-kiskun s csongr d megye hat r ig. innen a megyehat rt k vetve szakkeletre majd szakra a 44-es tig. a 44-es ton nyugatra az 52-m5 csatlakoz si kiindul s pontig, valamint csongr d megye m rahalom s kistelek j r sainak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46,458679 s az e19,873816; s az n46,415988 s az e19,868078; s az n46,4734 s az e20,1634, valamint a n46,540227, s az e19,816115, s az valamint az n46,469738 s az e19,8422, s az n46,474649 s az e19,866126, s az n46,406722 s az e19,864139, s az n46,411634 s az e19,883893, s az n46,630573 s az e19,536706, s az n46,628228 s az e19,548682, s az n46,63177 s az e19,603322, s az n46,626579 s az e19,652752, s az n46,568135 s az e19,629595, s az n46,593654 s az e19,64934, s az n46,567552 s az e19,679839, s az n46,569787 s az e19,692051, s az n46,544216 s az e19,717363, s az n46,516493 s az e19,760571, s az n46,555731 s az e19,786764, s az n46,5381 s az e19,8205, s az n46,5411 s az e19,8313, s az n 46,584928 s az e19,675551, s az n46,533851 s az e 19,811515 gps-koordin t k ltal meghat rozott pontok k r li 10 km sugar k r n bel l es r szei 4.1.2017 szakon a bugacot m ricg ttal sszek t 54105- s ton haladva az 54102 s 54105 el gaz st l 3 km d lnyugat fel haladva a t zl rt kiskunmajs val sszek t 5405- s t fel , az 5405- s ton t zl rt l 9 km-re a kisk r si/kiskunmajsai j r sok hat r t l 0,8 km kelet fel haladva szank belter let hat r t l 0,5 km d l fel haladva a szankot fel l az 5405- s t fel tart t s az 5405- s t el gaz si pontja. d l fel haladva az 5402-es t fel kiskunmajsa belter let hat r t l 3,5 km az 5402-es t ment n t volodva kiskunmajs t l. d lkeleti ir nyban az 5409-es t kiskunmajsa belter let hat r t l 5 km d l-d lkelet fel haladva az 5405- s t fel az 5405- s s az 5442-es t el gaz s t l nyugat fel 0,5 km d li ir nyba haladva a megyehat rig a megyehat r ment n haladva d lkelet, majd 3 km ut n szak fel az 54 11-es tig a megyehat r 5411-es tt l 6 km -re l v t r spontj t l d li ir nyban 1,5 km a megyehat r k vetkez t r spontja el tt 0,4 km a megyehat ron haladva szaknyugat fel haladva 4km-t majd szakkelet fel haladva az m5 aut p ly t l 3 km nyugat fel haladva az 5405- s ton j szszentl szl belter let hat r t l 1 km d l fel haladva 1km, majd szaknyugat fel haladva 1 km, majd szak fel haladva az 5405- s tig az 5405- s ton m ricg t fel haladva a k vetkez t r spontig szakkelet fel haladva 2 km, majd szaknyugat fel haladva a kiindul pontig, valamint csongr d megye m rahalom s kistelek j r sainak az n46,458679 s az e19,873816; s az n46,415988 s az e19,868078; s az n46,4734 s az e20,1634, s az n46,540227, e19,816115 s az n46,469738 s az e19,8422, s az n46,474649 s az e19,866126, s az n46,406722 s az e19,864139, s az n46,411634 s az e19,883893, s az n46,630573 s az e19,536706, s az n46,628228 s az e19,548682, s az n46,63177 s az e19,603322, s az n46,626579 s az e19,652752, s az n46,568135 s az e19,629595, s az n46,593654 s az e19,64934, s az n46,567552 s az e19,679839, s az n46,569787 s az e19,692051, s az n46,544216 s az e19,717363, s az n46,516493 s az e19,760571, s az n46,555731 s az e19,786764, s az n46,5381 s az e19,8205, s az n46,5411 s az e19,8313, s az n 46,584928 s az e19,675551, s az n46,533851 s az e 19,811515 gps-koordin t k ltal meghat rozott pontok k r li 3 km sugar k r n bel l es r szei 27.12.2016 to 4.1.2017 b cs-kiskun megye kiskunf legyh za, kecskem t s kiskunmajsa j r s nak az n46.682422 s az e19.638406, s az n46.685278 s az e19.64, valamint az n46,689837 s az e19,674396 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei, tov bb bugac (bugac-als monostor n lk l) s m ricg t-erd sz plak telep l sek teljes be p tett ter lete 24.12.2016 to 2.1.2017 b cs-kiskun megye kiskunhalas s j noshalma j r sainak, valamint csongr d megye m rahalom j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.268418 s az e19.573609; valamint az n46.229847 s a e19.619350 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei, tov bb balotasz ll s telep l s teljes be p tett ter lete 20.12.2016 b cs-kiskun megye kiskunhalas j r s nak az n46.268418 s az e19.573609, n46.229847 s az e19.619350 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei valamint kelebia- jfalu telep l s teljes be p tett ter lete 12.12.2016 to 20.12.2016 csongr d megye m rahalom, kistelek s szeged j r sainak, s b cs-kiskun megye kiskunmajsa j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.342763 s az e19.886990, valamint az n46,3632 s az e19,8754 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei, valamint a k vetkez k ltal hat rolt ter let: b cs-kiskun s csongr d megye nyugati hat r t l d lre az 5- s t, majd kistelek s bal stya k zigazgat si hat ra az 5- s tig, majd d lre az 5- s ton az e68-as tig, majd nyugatra az e68-as az e57-es tig, majd az e75- s a d lre a magyar-szerb hat rig, majd k vetve a hat rt nyugatra, majd a b cs-kiskun-csongr d megyehat rt szakketre 31.12.2016 csongr d megye m rahalom j r s nak az n46.342763 s az e19.886990, valamint az n46,3632 s az e19,8754 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei, valamint forr sk t, ll s s bord ny telep l sek teljes be p tett ter lete 22.12.2016 to 31.12.2016 j sz-nagykun-szolnok megye kunszentm rton j r s nak s b k s megye szarvas j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46.8926211 s az e20.367360, valamint az n46.896193 s az e20.388287 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei, valamint bk sszentandr s s kunszentm rton telep l sek teljes be p tett ter lete 26.12.2016 j sz-nagykun-szolnok megye kunszentm rton j r s nak az n46.8926211 s az e20.367360, valamint az n46.896193 s az e20.388287 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei, valamint cs d telep l s teljes be p tett ter lete 17.12.2016 to 26.12.2016 b cs-kiskun megye kiskunf legyh za j r s nak az n46,665317 s az e19,805388, s az n46,794889 s az e19,817377, valamint a 46,774805 s az 19,795087 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 24.12.2016 to 2.1.2017 b cs-kiskun megye kiskunmajsa j r s nak az n46,597614 s az e19,804221 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 22.12.2016 to 31.12.2016 b cs-kiskun megye kiskunf legyh za s kisk r s j r sainak az n46,609325 s az e19,471926; s az n46,603027 s az e19,478501; s az n46,634476 s az e19,527839 s az n46,622625; s az e19,537204 s az n46,597614, valamint az e19,804221 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 22.12.2016 to 31.12.2016 b k s megye sarkad j r s nak, valamint b k s megye beretty jfalu j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46,951822 s az e21,603480 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei 2.1.2017 b k s megye sarkad j r s nak az n46,951822 s az e21,603480 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 24.12.2016 to 2.1.2017 csongr d megye szentes j r s nak, valamint j sz-nagykun-szolnok megye kunszentm rton j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li, az n46,682909, s az e20,33426 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei 3.1.2017 csongr d megye szentes j r s nak az n46,682909, s az e20,33426 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 25.12.2016 to 3.1.2017 b k s megye orosh zi, mez kov csh zi, b k csabai s gyulai j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li,az n46,599129 s az e21,02752, s az n46,595641 s az e21,028533, valamint az n46,54682222 s az e20,8927 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei 6.1.2017 b k s megye orosh zi, mez kov csh zi s b k csabai j r s nak az n46,599129 s az e21,02752, s az n46,595641 s az e21,028533, valamint az n46,54682222 s az e20,8927 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 28.12.2016 to 6.1.2017 b cs-kiskun megye kiskunf legyh zi s kiskunmajsai s csongr d megye kisteleki s csongr di j r s nak a v d k rzet vonatkoz s ban meghat rozott r sz n k v li az n46,544052 s az e19,968252 gps-koordin t k ltal meghat rozott pont k r li 10 km sugar k r n bel l es r szei, tov bb pusztaszer, pusztaszer, t m rk ny, baks telep l sek teljes k zigazgat si ter lete, s csanytelek k zigazgat si k lter let nek az als -f cstorna vonal t l d lre es teljes ter lete 4.1.2017 b cs-kiskun megye kiskunf legyh zi s csongr d megye kisteleki j r s nak az n46,544052 s az e19,968252 gps-koordin t k ltal meghat rozott pont k r li 3 km sugar k r n bel l es r szei 26.12.2016 to 4.1.2017 member state: the netherlands area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec biddinghuizen i vanaf knardijk n302 in harderwijk de n302 volgen in noordwestelijke richting tot aan de n305 bij splitsing de n305 volgen in noordelijke richting tot aan n302 de n302 volgen tot vleetweg de vleetweg volgen tot aan de kuilweg de kuilweg volgen tot aan de rietweg de rietweg volgen in noordoostelijke richting tot aan de larserringweg de larserringweg volgen in noordelijke richting tot de zeeasterweg de zeeasterweg volgen in oostelijke richting tot aan lisdoddepad lisdoddepad volgen in noordelijke richting tot aan de dronterweg de dronterweg volgen in oostelijke richting tot aan de biddingweg (n710) de biddingweg (n710) in noordelijke richting volgen tot aan de elandweg de elandweg volgen in westelijke richting tot aan de dronterringweg (n307) dronterringweg (n307) volgen in zuidoostelijke overgaand in hanzeweg tot aan drontermeer(water) drontermeer volgen in zuidelijke richting ter hoogte van buitendijks buitendijks overgaand in buitendijksweg overgaand in groote woldweg volgen tot aan zwarteweg de zwarteweg in westelijke richting volgen tot aan de mheneweg noord mheneweg noord volgen in zuidelijke richting tot aan de zuiderzeestraatweg zuiderzeestraatweg in zuidwestelijke richting volgen tot aan de feithenhofsweg feithenhofsweg volgen in zuidelijkerichting tot aan bovenstraatweg bovenstraatweg in westelijke richting volgen tot aan laanzichtsweg laanzichtsweg volgen in zuidelijke richting tot aan bovendwarsweg bovendwarsweg volgen in westelijke richting tot aan de eperweg (n309) eperweg (n309) volgen in zuidelijke richting tot aan autosnelweg a28 (e232) a28 (e232) volgen in zuidwestelijke richting tot aan harderwijkerweg (n303) harderwijkerweg(n303) volgen in zuidelijke richting tot aan horsterweg horsterweg volgen in westelijke richting tot aan oude nijkerkerweg oude nijkerkerweg overgaand in arendlaan volgen in zuidwestelijke richting tot aan zandkampweg zandkampweg volgen in noordwestelijke richting tot aan telgterengweg telgterengweg volgen in zuidwestelijke richting tot aan bulderweg bulderweg volgen in westelijke richting tot aan nijkerkerweg nijkerkerweg volgen in westelijke richting tot aan riebroeksesteeg riebroekersteeg volgen in noordelijke/westelijke richting (doodlopend) overstekend a28 tot aan nuldernauw (water) nuldernauw volgen in noordelijke richting overgaand in wolderwijd (water) tot aan knardijk (n302) n302 volgen in noordwestelijke richting tot aan n305 28.12.2016 biddinghuizen i vanaf kruising swifterweg (n710) met hoge vaart (water), hoge vaart volgen in noordoostelijke richting tot aan oosterwoldertocht (water) oosterwoldertocht volgen in zuidoostelijke richting tot aan elburgerweg (n309) elburgerweg (n309) volgen tot aan de brug in flevoweg over het veluwemeer veluwemeer volgen in zuidwestelijke richting tot aan bremerbergweg (n708) bremerbergweg (n708) volgen in noodwestelijke richting overgaand in oldebroekerweg tot aan swifterweg (n710) swifterweg (n710)volgen in noordelijke richting tot aan hoge vaart (water) 19.12.2016 to 28.12.2016 biddinghuizen ii vanaf splitsing newtonweg n302 in harderwijk de n302 volgen in noordwestelijke richting tot aan de n305 bij splitsing de n305 volgen in noordelijke richting tot aan n302 de n302 volgen tot vleetweg de vleetweg volgen tot aan de kuilweg de kuilweg volgen tot aan de rietweg de rietweg volgen in noordoostelijke richting tot aan de larserringweg de larserringweg volgen in noordelijke richting tot de zeeasterweg de zeeasterweg volgen in oostelijke richting tot aan lisdoddepad lisdoddepad volgen in noordelijke richting tot aan de dronterweg de dronterweg volgen in oostelijke richting tot aan de biddingweg (n710) de biddingweg (n710) in noordelijke richting volgen tot aan de elandweg de elandweg volgen in oostelijke richting tot aan de dronterringweg (n307) dronterringweg (n307) volgen in zuidoostelijke overgaand in hanzeweg tot aan drontermeer(water) drontermeer volgen in zuidelijke richting ter hoogte van buitendijks buitendijks overgaand in buitendijksweg overgaand in groote woldweg volgen tot aan zwarteweg de zwarteweg in westelijke richting volgen tot aan de mheneweg noord mheneweg noord volgen in zuidelijke richting tot aan de zuiderzeestraatweg zuiderzeestraatweg in zuidwestelijke richting volgen tot aan de feithenhofsweg feithenhofsweg volgen in zuidelijkerichting tot aan bovenstraatweg bovenstraatweg in westelijke richting volgen tot aan laanzichtsweg laanzichtsweg volgen in zuidelijke richting tot aan bovendwarsweg bovendwarsweg volgen in westelijke richting tot aan de eperweg (n309) eperweg (n309) volgen in zuidelijke richting tot aan autosnelweg a28 (e232) a28 (e232) volgen in zuidwestelijke richting tot aan ceintuurbaan (n302) ceintuurbaan (n302) overgaand in knardijk (n302) volgen in noordelijke richting tot aan splitsing newtonweg n302 in harderwijk 31.12.2016 biddinghuizen ii vanaf kruising swifterweg (n710) met hoge vaart (water), hoge vaart volgen in noordoostelijke richting tot aan oosterwoldertocht (water). oosterwoldertocht volgen in zuidoostelijke richting tot aan olsterweg. olsterweg volgen in zuidwestelijke richting tot aan olderbroekerweg n709. olderbroekerweg n709 volgen in zuidoostelijke richting tot aan elburgerweg n309 elburgerweg (n309) volgen tot aan de brug in flevoweg over het veluwemeer. veluwemeer volgen in zuidwestelijke richting tot aan strandgaperweg. strandgaperweg volgen in noodwestelijke vervolgens in oostelijke richting en vervolgens weer in noordwestelijke richting tot aan mosseltocht. van mosseltocht in noordwestelijke richting over betonpad tot aan mosselweg. mosselweg overstekend via betonpad tot aan kokkeltocht van kokkeltocht in noordwestelijke richting via betonpad tot aan kokkelweg van kokkelweg via betonpad in noodwestelijke richting tot aan hoge vaart (water) hoge vaart volgen in noordoostelijke richting tot aan swifterweg (n710) 23.12.2016 to 31.12.2016 biddinghuizen iii vanaf brug biddingweg(n710) lage vaart, biddingweg volgen in noordelijke richting tot aan elandweg elandweg volgen in oostelijke richting tot aan dronterringweg (n307) dronterringweg (n307) volgen in zuidoostelijke richting tot aan rendieerweg rendierweg volgen in noordoostelijke richting tot aan swiftervaart(water) swiftervaart volgen in oostelijke richting tot aan lage vaart lage vaart volgen in noordelijke richting tot aan ketelmeer(water) ketelmeer volgen in zuidoostelijke overgaand in vossemeer overgaand in drontermeer volgen ter hoogte van geldersesluis geldersesluis volgen in oostelijke richting tot aan buitendijks buitendijks volgen in zuidoostelijke richting overgaand in groote woldweg tot aan naalderweg naalderweg volgen in oostelijke richting tot aan kleine woldweg kleine woldweg volgen in zuidelijke richting tot aan zwarteweg zwarteweg volgen in oostelijke richting overgaand in wittensteinse allee tot aan oosterweg oosterweg volgen in zuidelijke richting tot aan zuiderzeestraatweg (n308) zuiderzeestraatweg volgen in westelijke richting tot aan mheneweg zuid mheneweg zuid in zuidelijke richting overgaand in bongersweg overgaand in ottenweg tot aan a28 a28 volgen in zuidwestelijke richting tot aan n302) n302 volgen in noordelijke richting overgaand in knardijk (n302) overgaand in ganzenweg tot aan futenweg futenweg volgen in oostelijke richting tot aan larserweg (n302) larserweg (n302) volgen in noordelijke richting zeebiesweg zeebiesweg volgen in oostelijke richting tot aan larserringweg larserringweg volgen in noordelijke richting tot aan lisdoddeweg lisdoddeweg volgen in oostelijke richting tot aan wiertocht wiertocht volgen in noordelijke richting tot aan dronterweg dronterweg volgen in oostelijke richting tot aan biddingweg (n710) 1.1.2017 biddinghuizen iii vanaf kruising swifterweg (n710) met hoge vaart (water), hoge vaart volgen in noordoostelijke richting tot aan oosterwoldertocht (water) oosterwoldertocht volgen in zuidoostelijke richting tot aan olstertocht olstertocht volgen in noordoostelijke richting tot aan elburgerweg n309 elburgerweg (n309) volgen tot aan de brug in flevoweg over het veluwemeer veluwemeer volgen in zuidwestelijke richting tot aan bremerbergweg bremerbergweg volgen in noordelijke richting tot aan oldebroekerweg oldebroekerweg volgen in noordwestelijke richting tot aan baan baan volgen in westelijke richting overgaand in swifterweg (n710) swifterweg (n710) volgen in noordelijke richting tot aan hoge vaart (water) 24.12.2016 to 1.1.2017 (d) the following entry for poland is inserted between the entry for austria and the entry for sweden: member state: poland area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec obszar obejmuj cy: miasto gorz w wielkopolski z wy czeniem cz ci nale cej do obszaru zapowietrzonego; na terenie powiatu gorzowskiego: w gminie santok ca y obszar miejscowo ci: wawr w, janczewo, g rki, gralewo, santok, stare polichno, czech w; w gminie deszczno ca y obszar miejscowo ci: osiedle pozna skie, ciecierzyce, borek, brzozowiec, kie pin, bolemin, krasowiec, pr docin, bia ob ocie, agodzin, ulim, niwica, dzier w, dziers awice, p onica, orzelec, koszcin; w gminie bogdaniec ca y obszar miejscowo ci: jasiniec, je yki, je e, wieprzyce; na terenie powiatu midzyrzeckiego: w gminie skwierzyna ca y obszar miejscowo ci: trzebiszewo, murzynowo, murzynowo- omno, dobrojewo, go cinowo, go cinowo kol., osetnica; w gminie bledzew obszar na p noc od drogi k-24. 3.1.2017 obszar ograniczony: 1) od p nocy i wschodu: w gorzowie wielkopolskim od skrzy owania ulicy siedlickiej i stra ackiej, przez skrzy owanie ulic wietlanej z ulic kasztanow do przecicia prostopadle r wnoleg ych ulic olchowej i nowej w osiedlu pozna skim, nastpnie przecicia na wschodzie ulicy brzozowej i dalej w kierunku po udniowym do przecicia z szos e 65 wychodz c z deszczna na brzozowiec w odleg o ci 3 km od deszczna. 2) od po udnia: od przecicia z drog e 65 w kierunku po udniowym na miejscowo glinik obejmuj c od po udnia ca o tej miejscowo ci. nastpnie w kierunku zachodnim do przecicia z szos z miejscowo ci maszewo do miejscowo ci krasowiec w odleg o ci 3 km od maszewa. 3) od zachodu: od przecicia drogi z maszewa do krasowca dalej w kierunku p nocnym obejmuj c od zachodu miejscowo karnin, w kierunku gorzowa wielkopolskiego. przecinaj c drog krajow s 3, do skrzy owania ulicy siedlickiej i stra ackiej w gorzowie wielkopolskim. obszar obejmuje nastpuj ce miejscowo ci: gorz w wielkopolski w cz ci po o onej na po udnie od rzeki warty, w obrbie ulic: siedlickiej, stra ackiej, wietlanej, nowej, brzozowej, skwierzy skiej, wietrznej i ulic je cz cych; w gminie deszczno miejscowo ci: karnin, deszczno, maszewo, glinik. 26.12.2016 to 3.1.2017

name: council decision (eu) 2016/2163 of 6 december 2016 amending decision 1999/70/ec concerning the external auditors of the national central banks, as regards the external auditors of the banca d'italia type: decision subject matter: monetary economics; europe; accounting; monetary relations date published: 2016-12-08 8.12.2016 en official journal of the european union l 333/72 council decision (eu) 2016/2163 of 6 december 2016 amending decision 1999/70/ec concerning the external auditors of the national central banks, as regards the external auditors of the banca d'italia the council of the european union, having regard to protocol no 4 on the statute of the european system of central banks and of the european central bank, annexed to the treaty on european union and the treaty on the functioning of the european union, and in particular article 27.1 thereof, having regard to the recommendation of the european central bank of 23 september 2016 to the council of the european union on the external auditors of the banca d'italia (ecb/2016/28) (1), whereas: (1) the accounts of the european central bank (ecb) and of the national central banks of the member states whose currency is the euro are to be audited by independent external auditors recommended by the governing council of the ecb and approved by the council. (2) the mandate of the external auditors of the banca d'italia expired after the audit for the financial year 2015. it is therefore necessary to appoint external auditors as from the financial year 2016. (3) the banca d'italia has selected bdo italia s.p.a. as its external auditors for the financial years 2016 to 2022. (4) the governing council of the ecb has recommended that bdo italia s.p.a. should be appointed as the external auditors of the banca d'italia for the financial years 2016 to 2022. (5) following the recommendation of the governing council of the ecb, council decision 1999/70/ec (2) should be amended accordingly, has adopted this decision: article 1 in article 1 of decision 1999/70/ec, paragraph 6 is replaced by the following: 6. bdo italia s.p.a. are hereby approved as the external auditors of the banca d'italia for the financial years 2016 to 2022. article 2 this decision shall take effect on the date of its notification. article 3 this decision is addressed to the ecb. done at brussels, 6 december 2016. for the council the president p. ka im r (1) oj c 366, 5.10.2016, p. 1. (2) council decision 1999/70/ec of 25 january 1999 concerning the external auditors of the national central banks (oj l 22, 29.1.1999, p. 69).

name: council decision (eu) 2016/2143 of 1 december 2016 on the position to be adopted on behalf of the european union within the cariforum-eu trade and development committee of the economic partnership agreement between the cariforum states, of the one part, and the european community and its member states, of the other part, as regards the establishment of a special committee on agriculture and fisheries type: decision subject matter: economic geography; agricultural policy; cooperation policy; european construction; eu institutions and european civil service; fisheries; economic structure date published: 2016-12-07 7.12.2016 en official journal of the european union l 332/18 council decision (eu) 2016/2143 of 1 december 2016 on the position to be adopted on behalf of the european union within the cariforum-eu trade and development committee of the economic partnership agreement between the cariforum states, of the one part, and the european community and its member states, of the other part, as regards the establishment of a special committee on agriculture and fisheries the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 207 in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the economic partnership agreement between the cariforum states, of the one part, and the european community and its member states, of the other part (1) (the agreement), was signed on 15 october 2008, and has been provisionally applied since 29 december 2008. (2) pursuant to article 230(4) of the agreement, the cariforum-eu trade and development committee may set up and oversee any special committee to deal with matters falling within its competence. (3) in order to achieve the objectives laid down in article 37 of the agreement, a special committee on agriculture and fisheries should be established to deal more efficiently with matters related to agriculture and fisheries, as agreed in previous cariforum-eu trade and development committee meetings. (4) it is appropriate to establish the position to be adopted on behalf of the union within the cariforum-eu trade and development committee with regard to the establishment of a special committee on agriculture and fisheries. (5) the position of the union within the cariforum-eu trade and development committee should therefore be based on the attached draft decision, has adopted this decision: article 1 the position to be adopted on behalf of the union within the cariforum-eu trade and development committee of the economic partnership agreement between the cariforum states, of the one part, and the european community and its member states, of the other part, with regard to the establishment of a special committee on agriculture and fisheries shall be based on the draft decision of the cariforum-eu trade and development committee attached to this decision. technical changes to the draft decision may be agreed to by the representatives of the union in the cariforum-eu trade and development committee without further decision of the council. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 1 december 2016. for the council the president a. rsek (1) oj l 289, 30.10.2008, p. 3. draft decision no /2016 of the cariforum eu trade and development committee of established by the economic partnership agreement between the cariforum states, of the one part, and the european community and its member states, of the other part, concerning the establishment of a special committee on agriculture and fisheries the cariforum-eu trade and development committee, having regard to the economic partnership agreement between the cariforum states, of the one part, and the european community and its member states, of the other part, and in particular article 230(4)(a) thereof, having regard to the rules of procedure of the cariforum-eu trade and development committee, established by the joint cariforum-eu council on 17 may 2010 by decision no 1/2010, and in particular article 11 thereof, whereas it is appropriate to establish a special committee on agriculture and fisheries in order to attain the objectives of the agriculture and fisheries provisions of the economic partnership agreement between the cariforum states, of the one part, and the european community and its member states, of the other part (the agreement), has adopted this decision: article 1 1. the cariforum-eu special committee on agriculture and fisheries is hereby established to carry out the functions set out in article 2. 2. the cariforum-eu special committee on agriculture and fisheries shall also be a forum for the parties to exchange experiences, information and best practices and to consult on all issues related to the objectives set out in chapter 5 of title i of part ii of the agreement and relevant to trade between the parties. article 2 the special committee on agriculture and fisheries shall: (a) generally keep under review all aspects of chapter 5 agriculture and fisheries of title i of part ii, of the agreement; (b) generally keep under review all other aspects of the agreement that relate to agriculture and fisheries, including the following areas of title i of part ii trade in goods: (i) chapter 1 all matters relating to trade in agricultural and fisheries goods, including tariffs; (ii) chapter 3 article 28 agricultural export subsidies; (iii) chapter 6 technical barriers to trade, as it relates to agricultural and fisheries goods; and (iv) chapter 7 sanitary and phytosanitary measures, as it relates to agricultural and fisheries goods; (c) generally keep under review all aspects of title iv, chapter 2 innovation and intellectual property, as it relates to agriculture and fisheries goods, including article 145 geographical indications and article 149 plant varieties; (d) engage in dialogue on matters relating to agriculture and fisheries, including in the following areas: (i) agriculture production, consumption and trade and on the respective market developments for agricultural and fisheries products; (ii) the promotion of investment in and knowledge transfer to cariforum agricultural, food and fisheries sectors, including small-scale activities; (iii) agriculture, rural development and fisheries policies, laws and regulations; (iv) the policy and institutional changes needed to underpin the transformation of the agricultural and fisheries sectors as well as the formulation and implementation of regional policies on agriculture, food, rural development and fisheries in pursuit of regional integration; (v) new technologies, research and innovation as well as policies and measures related to quality; and (vi) trade policy developments concerning commodities and traditional agricultural products, including bananas, rum, rice and sugar; (e) assist the cariforum-eu trade and development committee with regard to the following functions: (i) to supervise and be responsible for the implementation and proper application of the provisions of the agreement relating to agriculture and fisheries and to discuss and recommend priorities for cooperation in this regard; (ii) to oversee any future amendment of the provisions of the agreement relating to agriculture and fisheries and evaluate the application thereof; (iii) to undertake action to avoid disputes and to resolve disputes that may arise regarding the interpretation or application of provisions of the agreement relating to agriculture and fisheries, in accordance with the provisions of part iii thereof; (iv) to discuss and undertake actions that may facilitate trade, investment and business opportunities in the agricultural and fisheries sectors between the parties; and (v) to discuss any matters pertaining to the agriculture and fisheries provisions of the agreement and any issue liable to affect the attainment of its objectives; (f) make recommendations to the cariforum-eu trade and development committee with a view to enhancing the implementation and operation of the agriculture and fisheries provisions of the agreement. article 3 the special committee on agriculture and fisheries shall be composed of representatives of the commission, of the one part, and of representatives of the cariforum directorate and the signatory cariforum states, of the other part. article 4 this decision shall enter into force on done at for the cariforum-eu trade and development committe

name: commission implementing decision (eu) 2016/2132 of 5 december 2016 on greenhouse gas emissions for each member state for the year 2013 covered by decision no 406/2009/ec of the european parliament and of the council type: decision_impl subject matter: environmental policy; economic geography; deterioration of the environment date published: 2016-12-06 6.12.2016 en official journal of the european union l 331/9 commission implementing decision (eu) 2016/2132 of 5 december 2016 on greenhouse gas emissions for each member state for the year 2013 covered by decision no 406/2009/ec of the european parliament and of the council the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 525/2013 of the european parliament and of the council of 21 may 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and union level relevant to climate change and repealing decision no 280/2004/ec (1), and in particular article 19(6) thereof, whereas: (1) decision no 406/2009/ec of the european parliament and of the council (2) lays down greenhouse gas emissions limits (annual emission allocations) for each member state for each year of the period 2013 to 2020 and a mechanism to annually assess compliance with those limits. member states' annual emissions allocations expressed in tonnes of co2 equivalent are contained in commission decision 2013/162/eu (3). those amounts were adjusted by commission implementing decision 2013/634/eu (4). (2) article 19 of regulation (eu) no 525/2013 provides for a procedure for the review of member states' greenhouse gas (ghg) emissions inventories for the purposes of assessing compliance with decision no 406/2009/ec. the review of the ghg inventories for the year 2013 was delayed by 1 year given the technical impossibility for member states to report their 2013 emissions data in time due to the malfunctioning of the software provided by the united nations framework convention on climate change (unfccc) that is used for the compilation and reporting of ghg inventories. the review was therefore made on the basis of the 2013 emissions data reported to the commission in april 2016 in accordance with the procedures laid down in chapter iii and annex xvi to commission implementing regulation (eu) no 749/2014 (5). (3) the total amount of ghg emissions for the year 2013 covered by decision no 406/2009/ec for each member state should take into consideration the technical corrections and revised estimates calculated during the review as contained in the final review reports pursuant to article 35 of implementing regulation (eu) no 749/2014. (4) this decision should enter into force on the day of its publication in order to be aligned with the provisions of article 19(7) of regulation (eu) no 525/2013 which sets the date of publication of this decision as the starting point for the 4-month period when member states are allowed to use the flexibility mechanisms under decision no 406/2009/ec, has adopted this decision: article 1 the total sum of greenhouse gas emissions covered by decision no 406/2009/ec for each member state for the year 2013 arising from the corrected inventory data upon completion of the review conducted pursuant to article 19(3) of regulation (eu) no 525/2013 is 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, 5 december 2016. for the commission the president jean-claude juncker (1) oj l 165, 18.6.2013, p. 13. (2) decision no 406/2009/ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community's greenhouse gas emission reduction commitments up to 2020 (oj l 140, 5.6.2009, p. 136). (3) commission decision 2013/162/eu of 26 march 2013 on determining member states' annual emission allocations for the period from 2013 to 2020 pursuant to decision no 406/2009/ec of the european parliament and of the council (oj l 90, 28.3.2013, p. 106). (4) commission implementing decision 2013/634/eu of 31 october 2013 on the adjustments to member states' annual emission allocations for the period from 2013 to 2020 pursuant to decision no 406/2009/ec of the european parliament and of the council (oj l 292, 1.11.2013, p. 19). (5) commission implementing regulation (eu) no 749/2014 of 30 june 2014 on structure, format, submission processes and review of information reported by member states pursuant to regulation (eu) no 525/2013 of the european parliament and of the council (oj l 203, 11.7.2014, p. 23). annex member state greenhouse gas emissions for the year 2013 covered by decision no 406/2009/ec (tonnes of carbon dioxide equivalent) belgium 74 264 633 bulgaria 22 238 074 czech republic 61 457 570 denmark 33 705 936 germany 460 204 908 estonia 5 752 963 ireland 42 206 805 greece 44 184 593 spain 200 277 677 france 366 116 651 croatia 15 125 525 italy 273 349 154 cyprus 3 938 120 latvia 8 776 857 lithuania 12 449 462 luxembourg 9 365 298 hungary 38 436 981 malta 1 250 779 netherlands 108 253 385 austria 50 097 324 poland 186 095 049 portugal 38 610 318 romania 72 718 616 slovenia 10 925 247 slovakia 21 080 248 finland 31 588 117 sweden 35 278 781 united kingdom 339 450 356

name: council decision (euratom) 2016/2116 of 12 february 2016 approving the conclusion by the european commission, on behalf of the european atomic energy community, of the agreement extending the framework agreement for international collaboration on research and development of generation iv nuclearenergy systems type: decision subject matter: international affairs; electrical and nuclear industries; cooperation policy; european construction date published: 2016-12-03 3.12.2016 en official journal of the european union l 329/1 council decision (euratom) 2016/2116 of 12 february 2016 approving the conclusion by the european commission, on behalf of the european atomic energy community, of the agreement extending the framework agreement for international collaboration on research and development of generation iv nuclearenergy systems the council of the european union, having regard to the treaty establishing the european atomic energy community, in particular the second paragraph of article 101 thereof, having regard to the recommendation from the european commission, whereas: (1) the generation iv international forum (gif) is a framework for international cooperation in research and development launched at the initiative of the united states of america in 2001. the objective of the gif is to pool efforts to develop new nuclear energy system designs to provide a reliable supply of energy, while satisfactorily addressing nuclear-safety, waste-minimisation, non-proliferation and public concerns. (2) on 30 july 2003, on the basis of a commission decision of 4 november 2002, the community joined the gif by signing its charter (the charter), which the initial signatories signed in 2001. by a commission decision of 29 june 2011, the community's initial 10-year adherence to the charter was extended for an unlimited period, subject to withdrawal by unanimous consent of member states of the union. any gif member, including the community, may withdraw by giving 90 days' written notice. as the charter does not provide for financial exchanges or special budgetary allocations between the parties, it falls within the scope of the third paragraph of article 101 of the euratom treaty. (3) in order to implement the charter, the signatories thereto concluded the framework agreement for international collaboration on research and development of generation iv nuclear energy systems (the framework agreement), which sets out the conditions for cooperation as well as system and project arrangements. (4) on the basis of the council decision of 20 december 2005 concerning the approval of the accession of the european atomic energy community to the framework agreement and a commission decision of 12 january 2006, adopted pursuant to the second paragraph of article 101 of the treaty, the community acceded to the framework agreement on 24 january 2006, when the duly authorised commissioner signed an instrument of accession, which was then deposited with the organisation for economic cooperation and development in paris on 10 february 2006. the joint research centre was designated as the community's implementing agent in accordance with article iii.2 of the framework agreement. (5) the framework agreement entered into force on 28 february 2005 for a period of 10 years and was extended on 26 february 2015, when four parties gave their consent to be bound by the agreement extending the framework agreement for international collaboration on research and development of generation iv nuclear energy systems (the extension agreement), in accordance with the specific extension procedure provided for in the framework agreement. the community and other signatories that were unable to complete their internal approval procedures in time may subsequently renew their participation by means of a signature in accordance with article ii.3 of the extension agreement. (6) the renewal of the participation of the community in the framework agreement is independent of any decision on the scope of participation of the community in the various gif systems and related project arrangements. the community will individually determine the nature of its contribution, intellectual and financial, in gif activities. (7) the renewal by the commission, on behalf of the community, of the framework agreement by means of signature of the extension agreement in accordance with the specific extension procedure should therefore be approved, has adopted this decision: article 1 the conclusion by the commission, on behalf of the european atomic energy community, of the agreement extending the framework agreement for international collaboration on research and development of generation iv nuclear energy systems, is hereby approved. the text of the extension agreement is attached to this decision. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 12 february 2016. for the council the president j.r.v.a. dijsselbloem

name: commission implementing decision (eu) 2016/2114 of 30 november 2016 determining quantitative limits and allocating quotas for substances controlled under regulation (ec) no 1005/2009 of the european parliament and of the council on substances that deplete the ozone layer, for the period 1 january to 31 december 2017 (notified under document c(2016) 7715) type: decision_impl subject matter: research and intellectual property; trade; deterioration of the environment; business classification; chemistry; economic geography; tariff policy date published: 2016-12-02 2.12.2016 en official journal of the european union l 327/92 commission implementing decision (eu) 2016/2114 of 30 november 2016 determining quantitative limits and allocating quotas for substances controlled under regulation (ec) no 1005/2009 of the european parliament and of the council on substances that deplete the ozone layer, for the period 1 january to 31 december 2017 (notified under document c(2016) 7715) (only the czech, croatian, dutch, english, french, german, greek, italian, latvian, maltese, polish, portuguese, and spanish texts are authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 1005/2009 of 16 september 2009 of the european parliament and of the council on substances that deplete the ozone layer (1), and in particular to articles 10(2) and 16(1) thereof, whereas: (1) the release for free circulation in the union of imported controlled substances is subject to quantitative limits. (2) the commission is required to determine those limits and allocate quotas to undertakings. (3) furthermore, the commission is required to determine the quantities of controlled substances other than hydrochlorofluorocarbons that may be used for essential laboratory and analytical uses, and the companies that may use them. (4) the determination of the allocated quotas for essential laboratory and analytical uses has to ensure that the quantitative limits set out in article 10(6) of regulation (ec) no 1005/2009 are respected, applying commission regulation (eu) no 537/2011 (2). as those quantitative limits include quantities of hydrochlorofluorocarbons licensed for laboratory and analytical uses, the production and import of hydrochlorofluorocarbons for those uses should also be covered by that allocation. (5) the commission has published a notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the european union in 2017 and to undertakings intending to request for 2017 a quota for these substances intended for laboratory and analytical uses (3), and has thereby received declarations on intended imports in 2017. (6) the quantitative limits and quotas should be determined for the period 1 january to 31 december 2017, in line with the annual reporting cycle under the montreal protocol on substances that deplete the ozone layer. (7) the measures provided for in this decision are in accordance with the opinion of the committee established by article 25(1) of regulation (ec) no 1005/2009, has adopted this decision: article 1 quantitative limits for release for free circulation the quantities of controlled substances subject to regulation (ec) no 1005/2009 which may be released for free circulation in the union in 2017 from sources outside the union shall be the followings: controlled substances quantity (in ozone depleting potential (odp) kilograms) group i (chlorofluorocarbons 11, 12, 113, 114 and 115) and group ii (other fully halogenated chlorofluorocarbons) 3 396 350,00 group iii (halons) 22 854 750,00 group iv (carbon tetrachloride) 22 330 561,00 group v (1,1,1-trichloroethane) 1 700 000,00 group vi (methyl bromide) 780 720,00 group vii (hydrobromofluorocarbons) 3 650,48 group viii (hydrochlorofluorocarbons) 5 947 011,50 group ix (bromochloromethane) 324 012,00 article 2 allocation of quotas for release for free circulation 1. the allocation of quotas for chlorofluorocarbons 11, 12, 113, 114 and 115 and other fully halogenated chlorofluorocarbons during the period 1 january to 31 december 2017 shall be for the purposes and to the undertakings indicated in annex i. 2. the allocation of quotas for halons during the period 1 january to 31 december 2017 shall be for the purposes and to the undertakings indicated in annex ii. 3. the allocation of quotas for carbon tetrachloride during the period 1 january to 31 december 2017 shall be for the purposes and to the undertakings indicated in annex iii. 4. the allocation of quotas for 1,1,1-trichloroethane during the period 1 january to 31 december 2017 shall be for the purposes and to the undertakings indicated in annex iv. 5. the allocation of quotas for methyl bromide during the period 1 january to 31 december 2017 shall be for the purposes and to the undertakings indicated in annex v. 6. the allocation of quotas for hydrobromofluorocarbons during the period 1 january to 31 december 2017 shall be for the purposes and to the undertakings indicated in annex vi. 7. the allocation of quotas for hydrochlorofluorocarbons during the period 1 january to 31 december 2017 shall be for the purposes and to the undertakings indicated in annex vii. 8. the allocation of quotas for bromochloromethane during the period 1 january to 31 december 2017 shall be for the purposes and to the undertakings indicated in annex viii. 9. the individual quotas for undertakings shall be as set out in annex ix. article 3 quotas for laboratory and analytical uses the quotas for importing and producing controlled substances for laboratory and analytical uses in the year 2017 shall be allocated to the undertakings listed in annex x. the maximum quantities that may be produced or imported in 2017 for laboratory and analytical uses allocated to those undertakings are set out in annex xi. article 4 period of validity this decision shall apply from 1 january 2017 and shall expire on 31 december 2017. article 5 addressees this decision is addressed to the following undertakings: 1 abcr gmbh im schlehert 10 76187 karlsruhe germany 2 agc chemicals europe, ltd york house, hillhouse international fy5 4qd thornton cleveleys united kingdom 3 airbus operations sas route de bayonne 316 31300 toulouse france 4 albemarle europe sprl parc scientifique einstein, rue du bosquet 9 b-1348 louvain-la-neuve belgium 5 arkema france rue estienne-d'orves 420 92705 colombes cedex france 6 ateliers bigata rue jean-baptiste-perrin 10 33320 eysines france 7 basf agri-production s.a.s. rue de verdun 32 76410 saint-aubin les elbeuf france 8 bayer cropscience ag alfred-nobel-str. 50 40789 monheim germany 9 biovit d.o.o. matka laginje 13 hr-42000 varazdin croatia 10 blue cube germany assets gmbh & co. kg buetzflether sand 2 21683 stade germany 11 ceram optec sia skanstes street 7 k-1 lv-1013 riga latvia 12 chemours netherlands bv baanhoekweg 22 3313la dordrecht netherlands 13 daikin refrigerants europe gmbh industriepark h chst 65926 frankfurt am main germany 14 diverchim sa rue du noyer, zac du moulin 6 95700 roissy-en-france france 15 dyneon gmbh industrieparkstr. 1 84508 burgkirchen germany 16 eaf protect s.r.o. karlovarsk 131/50 35002 cheb 2 czech republic 17 f-select gmbh grosshesseloherstr. 18 81479 munich germany 18 fenix fluor limited rocksavage site wa7 je runcorn, cheshire united kingdom 19 fire fighting enterprises ltd hunting gate 9 sg4 0tj hitchin united kingdom 20 ghc gerling, holz & co. handels gmbh ruhrstr. 113 22761 hamburg germany 21 gielle di luigi galantucci via ferri rocco 32 70022 altamura italy 22 glaxosmithkline cobden street dd10 8ea montrose united kingdom 23 halon & refrigerant services ltd j reid trading estate, factory road ch5 2qj sandycroft united kingdom 24 honeywell fluorine products europe bv laarderhoogtweg 18 1101 ea amsterdam netherlands 25 honeywell speciality chemicals seelze gmbh wunstorfer str. 40 30926 seelze germany 26 hovione farmaciencia sa quinta de s. pedro sete casas 2674-506 loures portugal 27 hudson technologies europe srl via degli olmetti 5 00060 formello italy 28 icl-ip europe bv fosfaatweg 48 1013 bm amsterdam netherlands 29 intergeo ltd industrial park of thermi 57001 thessaloniki greece 30 labmix24 gmbh jonas-elkan-weg 4 46499 hamminkeln germany 31 laboratorios miret s.a. geminis 4 08228 terrassa spain 32 lgc standards gmbh mercatorstr. 51 46485 wesel germany 33 ludwig-maximilians-university butenadtstr. 5-13 (haus d) de-81377 munich germany 34 mebrom nv antwerpsesteenweg 45 2830 willebroek belgium 35 merck kgaa frankfurter strasse 250 64293 darmstadt germany 36 meridian technical services limited hailey road 14 da18 4ap erith united kingdom 37 mexichem uk limited the heath business and technical park wa7 4qx runcorn, cheshire united kingdom 38 p.u. po -pliszka sp. z o.o. ul. szczeci ska 45 80-392 gda sk poland 39 panreac quimica slu c/garraf 2 e08210 barcelona spain 40 quality control north west poplar grove sk2 7je stockport united kingdom 41 r.p. chem srl via san michele 47 31032 casale sul sile (tv) italy 42 safety hi-tech srl via di porta pinciana 6 00187 roma italy 43 savi technologie sp. z o.o. psary, ul. wolno ci 20 51-180 wroclaw poland 44 sigma aldrich chimie sarl rue de luzais 80 38070 saint-quentin-fallavier france 45 sigma-aldrich chemie gmbh riedstra e 2 89555 steinheim germany 46 sigma-aldrich company ltd the old brickyard, new road sp8 4xt gillingham, dorset united kingdom 47 solvay fluor gmbh hans-boeckler-allee 20 30173 hannover germany 48 solvay specialty polymers france sas avenue de la republique 39501 tavaux cedex france 49 solvay specialty polymers italy spa viale lombardia 20 20021 bollate italy 50 spex certiprep ltd dalston gardens 2 ha7 1bq stanmore united kingdom 51 sterling chemical malta limited v. dimech street 4 1504 floriana malta 52 sterling spa via della carboneria 30 06073 solomeo corciano (pg) italy 53 syngenta limited priestley road surrey research park 30 gu2 7yh guildford united kingdom 54 tazzetti sau calle roma 2 28813 torres de la alameda spain 55 tazzetti spa corso europa 600/a 10088 volpiano italy 56 tega technische gase und gasetechnik gmbh werner-von-siemens-str. 18 d-97076 w rzburg germany 57 thomas swan & co. ltd rotary way dh8 7nd consett county durham united kingdom 58 valliscor europa limited 3rd floor kilmore house park lane spencer dock d01 ye64 dublin 1 ireland 59 valvitalia spa eusebi division piazza sigmund freud 1 20154 milano italy done at brussels, 30 november 2016. for the commission miguel arias ca ete member of the commission (1) oj l 286, 31.10.2009, p. 1. (2) commission regulation (eu) no 537/2011 of 1 june 2011 on the mechanism for the allocation of quantities of controlled substances allowed for laboratory and analytical uses in the union under regulation (ec) no 1005/2009 of the european parliament and of the council on substances that deplete the ozone layer (oj l 147, 2.6.2011, p. 4). (3) oj c 40, 3.2.2016, p. 8. annex i groups i and ii import quotas for chlorofluorocarbons 11, 12, 113, 114 and 115 and other fully halogenated chlorofluorocarbons allocated to importers in accordance with regulation (ec) no 1005/2009 for feedstock uses and process agent uses during the period 1 january to 31 december 2017. company abcr gmbh (de) honeywell fluorine products europe bv (nl) solvay specialty polymers italy spa (it) syngenta limited (uk) tazzetti sau (es) tazzetti spa (it) tega technische gase und gasetechnik gmbh (de) annex ii group iii import quotas for halons allocated to importers in accordance with regulation (ec) no 1005/2009 for feedstock uses and critical uses during the period 1 january to 31 december 2017. company abcr gmbh (de) arkema france (fr) ateliers bigata (fr) basf agri-production sas (fr) eaf protect s.r.o. (cz) fire fighting enterprises ltd (uk) gielle di luigi galantucci (it) halon & refrigerant services ltd (uk) intergeo ltd (el) meridian technical services limited (uk) p.u. po -pliszka sp. z o.o. (pl) safety hi-tech srl (it) savi technologie sp. z o.o. (pl) valvitalia spa eusebi division (it) annex iii group iv import quotas for carbon tetrachloride allocated to importers in accordance with regulation (ec) no 1005/2009 for feedstock uses and process agent uses for the period 1 january to 31 december 2017. company abcr gmbh (de) arkema france (fr) blue cube germany assets gmbh & co. kg (de) ceram optec sia (lv) annex iv group v import quotas for 1,1,1-trichloroethane allocated to importers in accordance with regulation (ec) no 1005/2009 for feedstock uses for the period 1 january to 31 december 2017. company arkema france (fr) annex v group vi import quotas for methyl bromide allocated to importers in accordance with regulation (ec) no 1005/2009 for feedstock uses for the period 1 january to 31 december 2017. company albemarle europe sprl (be) ghc gerling, holz & co. handels gmbh (de) icl-ip europe bv (nl) mebrom nv (be) sigma-aldrich chemie gmbh (de) annex vi group vii import quotas for hydrobromofluorocarbons allocated to importers in accordance with regulation (ec) no 1005/2009 for feedstock uses for the period 1 january to 31 december 2017. company abcr gmbh (de) glaxosmithkline (uk) hovione farmaciencia sa (pt) r.p. chem s.r.l. (it) sterling chemical malta limited (mt) sterling spa (it) valliscor europa limited (ie) annex vii group viii import quotas for hydrochlorofluorocarbons allocated to importers in accordance with regulation (ec) no 1005/2009 for feedstock uses for the period 1 january to 31 december 2017. company abcr gmbh (de) agc chemicals europe, ltd (uk) arkema france (fr) bayer cropscience ag (de) chemours netherlands bv (nl) dyneon gmbh (de) fenix fluor limited (uk) honeywell fluorine products europe bv (nl) solvay fluor gmbh (de) solvay specialty polymers france sas (fr) solvay specialty polymers italy spa (it) tazzetti sau (es) tazzetti spa (it) annex viii group ix import quotas for bromochloromethane allocated to importers in accordance with regulation (ec) no 1005/2009 for feedstock uses for the period 1 january to 31 december 2017. company albemarle europe sprl (be) icl-ip europe bv (nl) laboratorios miret sa (es) sigma-aldrich chemie gmbh (de) thomas swan & co. ltd (uk) annex ix (commercially sensitive in confidence not to be published) annex x undertakings entitled to produce or import for laboratory and analytical uses in 2017 the quota of controlled substances which may be used for laboratory and analytical uses, are allocated to: company abcr gmbh (de) airbus operations sas (fr) arkema france (fr) biovit d.o.o. (hr) daikin refrigerants europe gmbh (de) diverchim sa (fr) f-select gmbh (de) honeywell fluorine products europe bv (nl) honeywell speciality chemicals seelze gmbh (de) hudson technologies europe srl (it) labmix24 gmbh (de) lgc standards gmbh (de) ludwig-maximilians-university (de) merck kgaa (de) mexichem uk limited (uk) panreac quimica slu (es) quality control north west (uk) safety hi-tech srl (it) sigma aldrich chimie sarl (fr) sigma-aldrich chemie gmbh (de) sigma-aldrich company ltd (uk) solvay fluor gmbh (de) solvay specialty polymers france sas (fr) spex certiprep ltd (uk) sterling chemical malta limited (mt) sterling spa (it) valliscor europa limited (ie) annex xi (commercially sensitive in confidence not to be published)

name: commission implementing decision (eu) 2016/2100 of 30 november 2016 determining that the temporary suspension of the preferential customs duty established under the stabilisation mechanism for bananas of the trade agreement between the european union and its member states, of the one part, and colombia and peru, of the other part, is not appropriate for imports of bananas originating in peru for the year 2016 type: decision_impl subject matter: trade; european construction; tariff policy; international trade; america; plant product; trade policy date published: 2016-12-01 1.12.2016 en official journal of the european union l 326/16 commission implementing decision (eu) 2016/2100 of 30 november 2016 determining that the temporary suspension of the preferential customs duty established under the stabilisation mechanism for bananas of the trade agreement between the european union and its member states, of the one part, and colombia and peru, of the other part, is not appropriate for imports of bananas originating in peru for the year 2016 the european commission, having regard to the treaty on european union and to the treaty on the functioning of the european union, having regard to regulation (eu) no 19/2013 of the european parliament and of the council of 15 january 2013 implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the trade agreement between the european union and its member states, of the one part, and colombia and peru, of the other part (1), and in particular article 15 thereof, whereas: (1) a stabilisation mechanism for bananas has been introduced by the trade agreement between the european union and its member states, of the one part, and colombia and peru, of the other part, which applies provisionally between the parties as regards colombia and peru from 1 august 2013 and from 1 march 2013 respectively. (2) according to this mechanism, and pursuant to article 15(2) of regulation (eu) no 19/2013, once a defined trigger volume is exceeded for imports of fresh bananas (heading 0803 90 10 of the european union combined nomenclature of 1 january 2012) from one of the countries concerned, the commission shall adopt an implementing act by which it may either temporarily suspend the preferential customs duty applied to imports of fresh bananas for that country or determine that such suspension is not appropriate. (3) the decision of the commission shall be taken in accordance with article 8 of regulation (eu) no 182/2011 of the european parliament and of the council (2), in conjunction with article 4 thereof. (4) imports into the european union of fresh bananas originating in peru exceeded the threshold of 90 000 metric tonnes defined by the above agreement on 24 october 2016. (5) in this context, pursuant to article 15(3) of regulation (eu) no 19/2013, the commission took into consideration the impact of the imports concerned on the situation of the union market for bananas in order to decide whether or not the preferential customs duty should be suspended. for this purpose the commission has examined the effect of the imports concerned on the union price level, the development of imports from other sources and the overall stability of the union market for fresh bananas. (6) imports of fresh bananas from peru represented 4,3 % of the total imports to the european union of fresh bananas subject to the banana stabilisation mechanism when they exceeded their threshold for 2016. furthermore, based on the period january august 2016, peru represents only around 2 % of the total imports of fresh bananas into the european union. based on a projection of imports until the end of 2016 and taking into consideration the development of the monthly imports so far in 2016, imports of bananas from peru are unlikely to exceed 2 % of the total imports for the whole year 2016, i.e. the yearly import level of peru would be in line with that of 2015. (7) the import price from peru was on average 718 eur/tonne for the first 8 months of 2016, which is 13 % higher than the average prices of the total imports of fresh bananas into the eu. (8) imports of fresh bananas from other traditional large exporting countries with whom the eu also has a free trade agreement, notably colombia, costa rica and panama, remained up to october 2016 largely below the thresholds defined for them in the comparable stabilisation mechanisms, and they have been following similar trends and unit values in the past 4 years. for example the level of imports from colombia and costa rica were respectively 792 000 tonnes and 521 000 tonnes below their defined thresholds in october 2016, which is significantly higher than the total trigger level for peru for a whole year (90 000 tonnes). (9) the average wholesale banana price on the union market in early october 2016 (903 eur/tonne) did not register notable changes compared to the average wholesale prices of yellow bananas for the previous months. (10) there is thus neither an indication that the stability of the union market has been disturbed by the imports of fresh bananas from peru in excess of the defined annual trigger import volume, nor that this had any significant impact on the situation of eu producers. (11) finally there is no indication of threat of serious deterioration or of serious deterioration for producers in the outermost regions of the eu in october 2016. (12) on the basis of the examination above, the commission has concluded that the suspension of preferential customs duty on imports of bananas originating in peru is not appropriate, has adopted this decision: article 1 the temporary suspension of preferential customs duty on imports of fresh bananas classified under heading 0803 90 10 of the european union combined nomenclature and originating in peru is not appropriate during the year 2016. 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, 30 november 2016. for the commission the president jean-claude juncker (1) oj l 17, 19.1.2013, p. 1. (2) regulation (eu) no 182/2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission's exercise of implementing powers (oj l 55, 28.2.2011, p. 13).

name: commission decision (eu) 2016/2069 of 1 october 2014 concerning measures sa.14093 (c76/2002) implemented by belgium in favour of brussels south charleroi airport and ryanair (notified under document c(2014) 6849) (text with eea relevance ) type: decision subject matter: air and space transport; regions of eu member states; europe; economic policy; competition date published: 2016-11-30 30.11.2016 en official journal of the european union l 325/63 commission decision (eu) 2016/2069 of 1 october 2014 concerning measures sa.14093 (c76/2002) implemented by belgium in favour of brussels south charleroi airport and ryanair (notified under document c(2014) 6849) (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, and in particular the first subparagraph of article 108(2) thereof (1), having regard to the agreement on the european economic area, and in particular article 62(1)(a) thereof, having called on interested parties to submit their comments pursuant to the above articles (2), and having regard to these comments, whereas: 1. procedure (1) following information published in the belgian press in july 2001 and the receipt of a complaint in january 2002, the commission was informed that belgium had granted aid measures to the airline ryanair ltd (hereinafter ryanair) for the operation of air services at charleroi airport. in letters dated 21 november 2001, 13 june 2002 and 4 july 2002, and in a meeting held on 9 october 2002, belgium provided information on this subject to the commission. (2) in a letter dated 11 december 2002 (3) (hereinafter opening decision), the commission informed belgium of its decision to initiate the procedure provided for in article 108(2) tfeu (hereinafter formal investigation procedure) in respect of these measures. belgium submitted its comments on 14 february 2003. (3) the opening decision was published in the official journal of the european union (4). the commission invited interested parties to submit their comments on the measures in question within one month of the publication date. (4) the commission received comments from interested parties. it forwarded the comments to belgium by letters dated 19 march and 22 april 2003. belgium was given the opportunity to respond to them. the commission received belgium's observations by letters dated 16 and 27 may 2003. (5) at the request of the commission, three meetings were held with the belgian authorities on 24 june 2003, 23 july 2003 and 25 july 2003. these meetings were followed by the dispatch of additional information on 27 august 2003, as requested by the commission. (6) on 19 december 2003 belgium sent a letter containing additional information to the commission. in this letter, the belgian authorities requested another meeting with the commission; this meeting was held on 16 january 2004. (7) on 12 february 2004 the commission adopted a partly negative final decision (5) (hereinafter 2004 decision). (8) this decision was annulled by judgment of the general court of 17 december 2008 (6) (hereinafter 2008 judgment), obliging the commission to take a new final decision on the measures in question. the general court found that the commission's failure to examine together the measures granted to ryanair by the walloon region (hereinafter region) and by the charleroi airport manager, the public sector company brussels south charleroi airport (hereinafter bsca), and to check whether, taken together, these two entities had acted as rational operators in a market economy, was vitiated by an error in law. the 2008 judgment had the effect of reopening the formal investigation procedure, which had been closed by the 2004 decision. (9) in a letter dated 23 july 2010, the commission gave belgium, and the parties having submitted comments in the formal investigation procedure initiated on 11 december 2002, the opportunity to submit further comments in the formal investigation procedure reopened following the 2008 judgment. at the request of the commission made on 20 april 2011, the belgian authorities sent further information in letters dated 14 july and 21 september 2011. (10) in a letter dated 21 march 2012, the commission informed belgium of its decision to extend the formal investigation procedure to other measures (hereinafter 2012 extension decision). (11) the 2012 extension decision was published in the official journal of the european union (7). the commission invited interested parties to submit their comments on the measures in question. (12) belgium submitted its comments on 22 may 2012. the comments of 22 may 2012 did not contain the summary table in annex i to the 2012 extension decision. this was submitted on 5 june 2012. (13) on 9 august 2012 the commission requested further information on, inter alia, the costs incurred by the soci t wallonne des a roports (hereinafter sowaer) due to its investments in charleroi airport and its work for bsca. on 3 september 2012 the belgian authorities submitted sowaer's annual accounts for the years 2001 to 2004. they provided further information on 9 october and 18 october 2012. (14) on 26 october 2012, following a meeting, the commission requested further information. belgium provided this information on 9 november 2012. (15) the commission received comments from the following interested parties: comments were received from interested party c on 14 september 2012, comments were received from the board of airline representatives on 17 september 2012, as also comments from air france, the association of european airlines and the brussels airport company, comments were received from brussels airlines on 18 september 2012, comments were received from bsca on 4 october 2012, ryanair submitted its comments on 3 october 2012, making reference to the comments provided on 30 september 2011, 13 april 2012 and 4 july 2012. ryanair submitted further comments on 10 april 2013, 20 december 2013, and 17 and 31 january 2014. (16) the commission forwarded these comments to belgium on 2 july and 29 october 2012, 3 may 2013, 22 january and 24 february 2014. belgium was given the opportunity to respond to them. the commission received belgium's observations by letters dated 17 july 2012, 14 december 2012 and 5 june 2013. (17) on 14 january 2014 the commission requested further information from belgium, particularly with regard to applying the market economy operator test to the measures granted to bsca. belgium responded in letters sent on 7 and 24 february 2014. however, as these responses were incomplete, the commission sent a reminder to belgium on 10 march 2014, indicating the missing responses and asking belgium to answer accordingly. further information was submitted by belgium on 24 march 2014. (18) on 7 february 2014 the commission requested further information from belgium, particularly with regard to the measures granted to ryanair. on 18 and 24 march 2014 belgium provided some answers to the questions asked. (19) also on 7 february 2014, a meeting was held at charleroi airport between representatives of the walloon region, sowaer and bsca, on the one hand, and the commission services on the other. (20) on 25 february and 11 march 2014, the commission asked belgium for further information, including clarifications on the information provided by belgium on 7 and 24 february 2014 concerning the measures granted by the region and sowaer to bsca. belgium responded in letters sent on 25 march and 4 april 2014 (annexes sent on 9 april 2014). (21) on 17 and 19 march 2014, following the adoption of the guidelines on state aid to airports and airlines (hereinafter aviation guidelines (8)), the commission called on belgium and the interested parties to submit their comments on the application of the aviation guidelines to this case. in addition, on 15 april 2014 a notice was published inviting member states and interested parties to submit their comments, including in this case, on the entry into force of the eu guidelines on state aid to airports and airlines. the commission received comments from the brussels airport company, brussels airlines, the board of airline representatives, air france, and the association for transport and environment. it forwarded these comments to belgium on 26 may 2014. the latter submitted its comments on 26 june 2014. (22) a further meeting was held on 11 april 2014 between the commission services on the one hand and belgium, bsca and sowaer on the other hand. following this meeting, belgium submitted documents together with a note dated 5 may 2014 on the public service tasks entrusted to bsca. (23) on 5 may 2014 the commission sent a further request for information to belgium, to which the latter responded on 13 may 2014. (24) in a letter of 7 may 2014, belgium accepted that, in this case and given the undertaking made by the commission services to provide it as soon as possible with a dutch translation of the decision, the commission could exceptionally notify the decision in french under article 297 tfeu. belgium accepted that only the french version of the decision would be authentic and that the decision would take effect on its notification in french. (25) on 2 july 2014 brussels airlines submitted an updated version of the comments that it had submitted on 25 september 2013 following the publication of the draft guidelines on state aid to airports and airlines. these comments were forwarded to belgium on 4 july 2014 and the latter submitted its comments on 18 july 2014. 2. background to the measures investigated 2.1. creation of bsca and sowaer background to the commitments made by the walloon region and sowaer concerning brussels south charleroi airport 2.1.1. institutional reform of 1980 (26) following the institutional reform law of 8 august 1980, the belgian regions were given the necessary powers to equip and operate public airports and aerodromes situated within their territory, except for brussels national airport, over which the belgian federal state retained such powers. (27) according to belgium (9), the walloon government therefore decided to take advantage of the economic potential offered by such transport infrastructure and gradually make the necessary investments. on 2 may 1989 the walloon government ratified a ministry of transport note according to which the main aim of the executive is therefore to do everything to ensure that walloon airports and aerodromes reach their breakeven point quickly. to achieve this goal, several actions have to be carried out together, especially in relation to infrastructure. 2.1.2. creation of bsca and region/bsca agreement of 1991 (28) in 1991 the region set up bsca to manage brussels south charleroi airport (hereinafter charleroi airport). (29) under an agreement dated 9 july 1991 (hereinafter region/bsca agreement), the region granted bsca for a period of 50 years: a service concession for the commercial management of the public property of charleroi airport, a property concession covering the permanent and exclusive use of the airport zone. (30) the region/bsca agreement including the schedule of conditions annexed to the agreement (hereinafter schedule of conditions) determines how the costs are shared between the region and bsca: (a) with regard to the service concession, the region/bsca agreement (10) provides that bsca shall be responsible for the cost arising from the obligations associated with the technical and commercial management of the airport zone. however, under article 25 of the schedule of conditions, the region will cover the cost of fire (11) and maintenance (12) services until 1 january 1997. (b) with regard to the property concession, the agreement provides that the region is responsible for preparing the concession area, as well as for any development, installation and equipment work in this area (13), whilst bsca is responsible for cleaning and maintaining the concession area (14). the schedule of conditions (15) also provides for an annual or multiannual equipment programme, proposed by bsca and decided in agreement with the region, that will be financed by the concession authority. (31) as regards fees, the agreement (16) provides that: bsca is authorised to collect air traffic fees as well as fees corresponding to any services provided, as consideration for the concession, bsca pays the region an annual fee of 35 % of the airport charges collected by bsca in the previous year. this fee is allocated to a fund for the financial resolution of any environmental problems caused by the airport's operation. 2.1.3. measures relating to payment of the fire-maintenance subsidy by the region to bsca from 1997 to 2002 (32) under amendment no 2 to the schedule of conditions, payment of the fire and maintenance services cost by the region was extended until 1 january 2000. (33) the region also paid the fire and maintenance services cost for the years 2000 (17) and 2001 (18). (34) as regards the year 2002, belgium states that, although the region had always planned to continue granting compensation for these costs, the creation of sowaer and the introduction of a new legal framework led to a delay in formalising the extension of this compensation. according to belgium, the continuation of this payment was confirmed in a letter of 5 july 2001 sent by bsca to the walloon transport and facilities administration, detailing the main lines of bsca's 2002 budget covering the costs of these services, following a telephone conversation during which the payment of these services by the region for 2002 had apparently been confirmed. 2.1.4. formulation of the investment plan for charleroi airport in 1999-2000 (35) at the end of the 1990s, a number of studies on the options for developing charleroi airport were carried out by external consultants. thus the region asked tractebel to conduct a strategic development study on charleroi airport. this study was completed in april 2000 (19). at the same time, a study carried out by roland berger international management consultant in july 2000 examined the development of an airport strategy for wallonia (20). finally, as part of the negotiations with the region at the beginning of 2001 with a view to possibly participating in the capital of bsca, grands travaux de marseille ordered a study into the airport's development potential (21). (36) according to belgium, even before these studies and due to technical constraints associated with the existing infrastructure (22), it was clear that a new terminal needed to be built in the northern part of the site. land had already been compulsorily purchased by the intercommunal body igretec, which was responsible for creating the a rop 'le airport business park. the region itself compulsorily purchased further land during the 1990s, and in 1999 igretec transferred to the region the land that it had purchased. it was on this land that the new passenger terminal, which is now operational, was built. (37) during a session on 20 july 2000, the region approved the outlines of a framework agreement on a multiannual investment programme for charleroi airport, referring in particular to the concept of a new passenger terminal, with a total budget of eur 113,74 million. table 1 infrastructure investment planned by the framework agreement of 20 july 2000 (million) 2000 2001 2002 2003 2004 2005 2006 2007 total bef total eur land 145 38 183 4,54 infrastructure 340 613 601 1 044 412 100 923 372 4 405 109,20 (38) on 8 november 2000 the region adopted a decision implementing its decision of 20 july 2000, amending the assumptions of the multiannual investment programme and increasing the total investment cost to eur 121 million. however, according to the note attached to this decision, investments in the new terminal and its associated infrastructure will only be made as and when specific needs arise. the funding of these investments must be examined as the work is carried out. the note sets out the calculation, at this stage, of the costs of a new terminal: if actually required by the airport , the construction of the new terminal and its associated infrastructure could result in an investment in the order of mbef 1 514, i.e. approximately eur 37,5 million, without, however, the implementation timetable of this sum being detailed (see table 9). the arrangements for financing the charleroi airport investment programme were also not detailed at this stage (23). table 2 infrastructure investment planned by the note attached to the decision of 8 november 2000 (million) 2000 2001 2002 2003 2004 post-2004 total bef total eur total a 93 160 15 38 306 7,59 total b 12 729 709 548 319 743 3 060 75,86 terminal 0 0 1 514 1 514 37,53 total 105 889 2 238 548 357 743 4 880 120,97 a: direct financing by the region; b: investment grants. 2.1.5. creation of sowaer on 1 july 2001 (39) on 1 july 2001 the region formed a company under its exclusive control, the soci t wallonne des a roports (hereinafter sowaer), to develop the region's airport infrastructure, place this infrastructure at the disposal of the airport management companies in question, and keep it operational by covering the costs of major repairs and maintenance. (40) beforehand, in a decision of 23 may 2001 concerning the establishment of a financial mechanism and [the] creation of a specialised company, the region had approved the articles of association and financial plan of sowaer for the years 2001 to 2004 (24), including a total investment amount for charleroi airport of mbef 3 753, i.e. approximately eur 93 million, of which eur 28 million was intended for the new terminal (see table 3). table 3 infrastructure investment planned by the sowaer financial plan approved by the region on 23 may 2001 (million) 2001 2002 2003 2004 total bef total eur land 253 15 0 38 306 7,59 infrastructure 741 709 548 319 2 317 57,44 terminal 10 500 500 120 1 130 28,01 total 1 004 1 224 1 048 477 3 753 93,03 (41) a more detailed financial plan containing the latest versions of the li ge and charleroi investment programmes was presented to sowaer's board of directors in march 2002 (25). this plan was subsequently updated at regular intervals (around once a year). (42) the sowaer financial plan approved on 23 may 2001 also capped the contribution to the environment fund at bef 75 million (eur 1,86 million) for the year 2002. this financial plan also included the balance of the environment fund within sowaer's revenue, given its delegated tasks. 2.1.6. sowaer/bsca agreement of 15 april 2002 and amendment no 3 of 29 march 2002 to the region/bsca agreement (43) on 15 april 2002 sowaer, which on 29 march 2002 had taken over the property concession granted to bsca in 1991, concluded a property sub-concession agreement with bsca (hereinafter 2002 sowaer/bsca agreement) under which: (a) bsca can exclusively use the airport zone for operating purposes until 2040. within this airport zone, sowaer undertakes to conduct an investment programme (hereinafter investment programme), as detailed in the sowaer/bsca agreement, that is identical to the programme mentioned in recital 40 above. sowaer also undertakes to carry out any major repairs and maintenance on the land, buildings and infrastructure. (b) in return for the airport zone being placed at its disposal and for the investment programme and major repairs and maintenance, bsca must pay a concession fee consisting of: an annual variable part equal to 35 % of the airport charges, subject to a cap that will change over time (hereinafter capped variable fee), an annual fixed fee, which will also change over time (hereinafter fixed fee). (44) almost at the same time (29 march 2002), the region and bsca concluded an amendment to the region/bsca agreement. under this amendment no 3 to the region/bsca agreement (26), the region undertook to pay bsca: a subsidy enabling the region to assume the costs of the airport land, buildings and infrastructure being placed at the disposal of bsca by sowaer. this subsidy corresponded to the fixed fee mentioned in recital 43, meaning that bsca ultimately bore only the capped variable fee, a subsidy reimbursing the costs (expenses and investments) incurred by bsca for the fire and maintenance services. amendment no 3 also amended article 25 of the schedule of conditions, in particular providing for the inclusion of investment costs and/or investment depreciation costs in the operating account for the fire and maintenance services cost. 2.1.7. revision of the investment programme on 3 april 2003 (45) on 3 april 2003 the walloon government officially noted a revision to the investment programme. this revision specifically amended the capacity of the new terminal in line with the level decided in the initial version of the investment programme. instead of a capacity of two million passengers, it was now planned to build a terminal with a capacity of three million passengers, together with a larger car park than the one originally planned. this revision involved an additional investment of eur 33 million. 2.1.8. sowaer/bsca agreement of 4 april 2006 and amendment no 5 of 10 march 2006 to the region/bsca agreement (46) the 2002 sowaer/bsca agreement was replaced on 4 april 2006 by a new agreement (hereinafter 2006 sowaer/bsca agreement). the latter still contained most of the provisions of the 2002 sowaer/bsca agreement, but clarified the content of certain services provided by sowaer to bsca in addition to the services defined by the 2002 sowaer/bsca agreement. it also amended the terms for calculating the concession fees payable by bsca to sowaer. (47) the region/bsca agreement was amended at the same time through amendment no 5 of 10 march 2006. article 3.2.2 of the region/bsca agreement subsequently provided that: the costs incurred by bsca for the fire protection and ground traffic and airport site safety services would be compensated by the region, this compensation would be capped. the cap, set at eur 5 774 000 for 2006, would be annually adjusted. (48) the amendment also stipulated that the amount of the financial compensation had to be revised before july 2009. 2.1.9. amendment no 6 of 15 january 2008 to the region/bsca agreement (49) the region/bsca agreement was amended again on 15 january 2008 (amendment no 6). under this amendment: the region entrusts bsca with, in addition to the fire protection and ground traffic and airport site safety services, the flight tracking and recording, provisional flight planning (27), marshalling (28) and security (29) services (these tasks were previously carried out directly by the region (30)), the region's subsidy now covers not only bsca's costs for the fire protection and ground traffic and airport site safety services (with the cap being maintained), but also for those services associated with security, flight tracking and recording, provisional flight planning and marshalling. 2.2. development of charleroi airport (50) having previously had very few regular users, on 1 may 1997 charleroi airport welcomed ryanair, which initially operated one route between dublin and charleroi. in april 2001 ryanair opened its first continental base at charleroi, initially with two aircraft and some new destinations (shannon, glasgow, pisa, venice and carcassonne). (51) from 2000 to 2013, traffic at charleroi increased from around 200 000 passengers to nearly 7 million. table 4 annual traffic statistics for charleroi airport year passengers year passengers 2000 255 317 2007 2 458 980 2001 773 431 2008 2 957 026 2002 1 271 596 2009 3 937 187 2003 1 804 287 2010 5 195 372 2004 2 034 140 2011 5 901 007 2005 1 873 651 2012 6 156 427 2006 2 166 915 2013 6 786 979 (52) ryanair has always accounted for over [70-80] (*1) % of the traffic at charleroi airport. 2.3. status and share ownership of bsca (53) the share ownership of bsca has been remodelled on numerous occasions since 2001. at the end of 2000, bsca was over 80 % owned by sambrinvest (31) and, to a lesser extent, by cockerill sambre, igretec (32) and a few other shareholders. (54) the first alteration stemmed from a decision of the walloon government of 8 february 2001. through this decision, the government ordered sogepa (33), a company controlled by the region, to purchase 2 680 shares in bsca (i.e. 43,79 % of the capital) held by sambrinvest, the own shares held by bsca, and the shares that the private shareholders wanted to sell. in the same decision, the government also ordered the minister responsible for airport management to prepare a shareholder agreement binding sowaer, sambrinvest and possibly igretec, which will arrange between them the coordination of powers within bsca, both in the general meeting and on the board of directors and the executive committee. (55) the region also decided to increase the capital of bsca at the same time: the principle of such a recapitalisation appeared in may 2001 in a walloon government decision (34). this capital increase, totalling eur 3 941 300, was carried out on 3 december 2002. sowaer contributed the cash sum of eur 3 808 660 in return for 49,23 % of the shares in bsca. table 5 change in the composition of the bsca share ownership (35) (%) year bsca sowaer sogepa sambrinvest igretec belgian airport other 2000 6,21 0,00 82,84 2,29 0,00 8,66 2001 0,00 55,07 39,05 2,29 0,00 3,59 2002 0,00 49,23 27,01 19,16 2,32 0,00 2,28 2003 0,00 48,89 27,65 19,16 2,32 0,00 1,99 2004 0,00 48,89 27,65 19,16 2,32 0,00 1,99 2005 0,00 48,89 27,65 19,16 2,32 0,00 1,99 2006 0,00 48,89 27,65 19,16 2,32 0,00 1,99 2007 0,00 48,89 27,65 19,16 2,32 0,00 1,99 2008 0,00 48,89 27,65 19,16 2,32 0,00 1,99 2009 0,00 22,56 27,65 19,16 2,32 27,65 0,67 2010 0,00 22,56 27,65 19,16 2,32 27,65 0,67 2011 0,00 22,56 27,65 19,16 2,32 27,65 0,67 2012 0,00 22,56 27,65 19,16 2,32 27,65 0,67 2013 0,00 22,56 27,65 19,16 2,32 27,65 0,67 these figures are valid as at 31 december of the year indicated. (56) from 2002 to 2008, sowaer managed around 49 % of bsca's capital. according to the belgian authorities, this management was carried out on behalf of the walloon government. (57) in 2009 bsca opened its capital to a private partner. the consortium belgian airports (hereinafter belgian airports), consisting of the italian group save and the belgian company holding communal s.a. (36), purchased 27,65 % of the shares in the airport manager. belgian airports has a right of veto over certain important decisions, including commercial agreements with ryanair. 3. description of the measures (58) two types of measure are covered by this decision: the measures granted by the region and sowaer to bsca (section 3.1), the measures granted by the region, sowaer and bsca to ryanair (section 3.2). 3.1. measures granted by the region and sowaer to bsca (59) the measures granted to bsca that are covered by the procedure are as follows: under the sowaer/bsca agreement and investment decisions, the land and infrastructure of charleroi airport placed at the disposal of bsca and the implementation of an investment programme intended to modernise and extend said infrastructure, and also the provision of certain services by sowaer, including major repairs to the infrastructure, in return for a fee paid by bsca (section 3.1.1); under the region/bsca agreement, the granting by the region of a subsidy for certain services associated with the airport activities (section 3.1.2); the subscription by sowaer on 3 december 2002 of a capital increase in bsca (section 3.1.3). 3.1.1. land and infrastructure of charleroi airport placed at the disposal of bsca, including infrastructure constructed under the investment programme, and provision of certain services, particularly major repairs, in return for a concession fee 3.1.1.1. land and infrastructure of charleroi airport placed at the disposal of bsca, including infrastructure constructed under the investment programme, and provision of certain services, particularly major repairs (60) under the 2002 sowaer/bsca agreement, sowaer: grants bsca a property sub-concession covering the permanent and exclusive use of the airport zone for operating purposes until 2040, provides bsca with new investment. the investment programme, which particularly includes the construction of a new terminal, lengthening of the runway, and construction of a taxiway and parking stand for additional aircraft and navigational aid equipment, totals eur 93 million (37), table 6 investment programme annexed to the 2002 sowaer/bsca agreement (million) 2001 2002 2003 2004 total bef total eur land 253 15 0 38 306 7,59 infrastructure 741 709 548 319 2 317 57,44 terminal 10 500 500 120 1 130 28,01 total 1 004 1 224 1 048 477 3 753 93,03 carries out any major repairs and maintenance on the airport land, buildings and infrastructure within the concession area. (61) the investment programme has been annually revised. these revisions have included both updates connected with additional costs not anticipated in april 2002 and decisions on new investments. in particular, on 3 april 2003 the walloon government officially noted a revision to the investment programme approved by sowaer's board of directors. this revision (38) specifically provided for a new terminal with a larger capacity than that originally envisaged (3 million passengers instead of 2 million) and a larger car park than originally planned. it involved an additional investment of eur 33 million. (62) the investment programme was annually revised until 2009 (39). the total cost of sowaer's investment programme for charleroi for 2002-2010, as revised during its last update by sowaer's board of directors in 2009, is eur 219 103 435 (40). although this investment programme has been referred to as the investment programme for 2002-2010, the expenditure was planned until 2017. table 7 total cost of sowaer's investment programme for charleroi, as revised by sowaer's board of directors in 2009 (eur) type of investment traditional investments [180 000 000 - 210 000 000 ] of which land [4 000 000 - 5 000 000 ] of which aircraft parking stand [36 000 000 - 40 000 000 ] of which new terminal [80 000 000 - 100 000 000 ] of which control tower [10 000 000 - 13 000 000 ] previous commitments [1 000 000 - 2 000 000 ] income generating investments [3 000 000 - 4 000 000 ] safety - security - environment [8 000 000 - 11 000 000 ] extraordinary maintenance [4 000 000 - 6 000 000 ] total 219 103 435 source: annex 7 to the letter from the belgian authorities of 21 september 2011. (63) in addition to the major repairs and maintenance, under the 2006 sowaer/bsca agreement, sowaer undertook to provide additional services on behalf of bsca, including consultancy services of all kinds (legal, environmental, financial, administrative, etc.), analysis and recommendations on noise pollution associated with the airport, and creation and update of a geographical information system (gis). 3.1.1.2. concession fee payable by bsca to sowaer (64) in return for the items described in section 3.1.1.1, bsca pays sowaer a concession fee. (i) contractual provisions (a) period from 15 april 2002 to 31 december 2005 (65) under the 2002 sowaer/bsca agreement, bsca was to pay the region a concession fee consisting of: a variable annual amount (hereinafter capped variable fee), equal to 35 % of the airport charges collected during the current year, with a cap set at eur 883 689 in 2002, which was increased by 2 % per year from 2003 to 2006. this cap was increased to eur 2 650 000 in 2007, with a 2 % per year increase thereafter and a review in 2015 (41). this fee is allocated to a fund for the financial resolution of any environmental problems caused by the airport's operation, a fixed annual amount (hereinafter fixed fee), set at eur 9 371 000 for 2002 and indexed thereafter. this amount was increased to eur 13 525 000 from 2010 and indexed thereafter (42). (66) however, under the region/bsca concession agreement, as amended on 29 march 2002, bsca benefited from a subsidy from the region allowing it to perform the public service tasks forming part of the operation of charleroi airport, namely the costs associated with using the airport land, buildings and infrastructure placed at its disposal by sowaer. this subsidy was equal to the fixed fee, so that only the capped variable fee was actually paid by bsca. moreover, under the 2002 sowaer/bsca agreement, bsca was exempt from paying the fixed fee if the subsidy from the region was not received (43). (b) period from 1 january 2006 (67) the 2002 sowaer/bsca agreement was revised by the 2006 sowaer/bsca agreement, applicable from 1 january 2006. under this agreement (44), bsca pays sowaer: a variable annual amount, set at eur 1.5 per passenger and eur 8 per tonne of freight, indexed to the belgian consumer price index (45). this variable amount was contractually capped at eur 956 533 (46) for 2006, and then at eur 2 651 067 from 2007. since 2008 it has been increased by 2 % per year, compounded annually, an annual fixed amount of eur 10 094 000, plus 2 % per year. (68) at the same time, the service concession agreement between the region and bsca of 10 march 2006 amends the terms of the region's subsidy intended to cover the fixed part of the fees payable by bsca to sowaer (47) and includes the exemption clause referred to in recital 66 above (48). (69) lastly, through amendment no 1 of 27 may 2009 to the 2006 sowaer/bsca agreement, bsca and sowaer agreed that an additional annual amount of eur [ ] per additional square metre (49) would be paid by bsca to sowaer from 2009 with a view to the acquisition of new land by sowaer and the correlative extension of the scope of the service agreement. these additional sums amounted to eur 1 206 in 2010, eur 1 230 in 2011, eur 1 255 in 2012 and eur 1 280 in 2013 (50). (ii) amounts of the fees paid by bsca to sowaer (70) in the light of these elements, the amounts of the fees actually paid by bsca to sowaer are summarised in table 8, taking into account the compensation paid by the region to bsca for transfer to sowaer. table 8 fees paid by bsca to sowaer (51) (eur) year fixed part variable part total fees net fees 2002 9 371 000 883 689 10 254 689 883 689 2003 9 558 420 901 363 10 459 783 901 363 2004 9 749 588 919 390 10 668 978 919 390 2005 9 944 580 937 778 10 882 358 937 778 2006 10 094 000 956 532 11 050 532 956 532 2007 10 262 000 2 651 067 12 913 067 2 651 067 2008 10 478 000 2 704 088 13 182 088 2 704 088 2009 10 150 000 2 758 170 12 908 761 2 758 761 2010 10 150 000 2 813 333 12 964 539 2 814 539 2011 10 353 000 2 869 600 13 223 830 2 870 830 2012 10 353 000 2 926 992 13 281 247 2 928 247 2013 10 353 000 2 985 532 13 339 812 2 986 812 in addition to the fixed and variable parts, the total fees include the additional amount associated with the extension of the scope of the service agreement from 2009, as referred to in recital 69. the net fees take into account the subsidy from the region to bsca. 3.1.2. subsidy paid by the region for certain services associated with airport activities 3.1.2.1. contractual provisions (a) period from 29 march 2002 to 31 december 2005 (71) amendment no 3 of 29 march 2002 to the region/bsca agreement amended article 3.2 of this agreement and provided that the walloon region would reimburse the costs inherent in the fire and maintenance services: the fire service is defined by reference to the standards of the international civil aviation organisation (52), the maintenance service is defined as technical maintenance services for buildings, runways, surrounding areas, vehicle fleet, etc. (53), and as maintenance of land, buildings and building facilities, and equipment forming part of the concession or placed at the disposal of the concession, such that they are always fit for their intended purpose (54). (72) amendment no 3 of 29 march 2002 also amended article 25 of the schedule of conditions and provided that the concession-holder would present the concession authority with the budget for the fire and maintenance services and that it would keep a separate operating account that could at any time be analysed and checked by the concession authority. this operating account shall particularly include: the full cost of the staff responsible for fire protection and maintenance of the airport site and of training for these staff, including employer costs and associated provisions (new activities), the costs of various goods and services (including any subcontracting), the investment costs and/or investment depreciation costs (55), any costs of subcontracting the fire protection and maintenance. (b) period from 10 march 2006 to 31 december 2007 (73) amendment no 5 of 10 march 2006 to the region/bsca agreement amended article 3.2.2 of this agreement as follows: the following shall be annually included in the walloon region's budget: the financial compensation granted by the walloon region to bsca for the costs of providing the fire protection and ground traffic and airport site safety services, in accordance with the conditions laid down by article 25 of the schedule of conditions annexed to this agreement. (74) amendment no 5 also amended article 25 of the schedule of conditions. the amended article 25 provides that: the ground traffic and airport site safety services include routine maintenance of the airport site, technical maintenance services for buildings, runways, surrounding areas and vehicle fleet, minor surfacing work, routine maintenance and repair of the runway and accesses, operational maintenance and servicing of the general lighting and runway lighting, mowing services, rubber removal from the runway and its markings, snow clearance and any other services ensuring the safety of ground traffic, airport site and infrastructures, except for commercial areas of the airport zone. (75) under article 25 of the schedule of conditions, the financial compensation was capped at eur 5 774 000 for 2006. this cap was annually indexed until 31 december 2009. the amount of the financial compensation was to be revised no later than the second half of 2009. (76) moreover, article 25.7 of the schedule of conditions, introduced by amendment no 5 of 10 march 2006, provides that the amount of the compensation may not exceed the actual costs incurred by bsca and that any overcompensation of the costs will result in budgetary compensation through the budget entry for the following year. (c) period from 1 january 2008 (77) amendment no 6 of 15 january 2008 to the region/bsca agreement amended article 25.1 of the schedule of conditions and added flight tracking and recording, provisional flight planning, marshalling and security to the services already being provided by bsca (56). (78) flight tracking and recording involve adding information on flights (number of passengers, aircraft registration, name of pilot, type of aircraft, nature of flight, origin, weight of aircraft, etc.) to the database of the walloon administration. flight planning involves communications, flight plans, slots, radio announcements and management of aircraft parking stands. flight tracking and recording and flight planning are provided by the navigation office. (79) marshalling consists of two tasks, namely marshalling on stand, which is carried out by the area coordinator when an aircraft arrives, and follow me marshalling, which involves guiding the aircraft with a vehicle. this service is used only for pilots who are unfamiliar with the airport (business aviation) or for category d large aircraft. at charleroi airport, the number of such operations is very limited (maximum of 100 per year). (80) the security services are defined by article 25.2 of the schedule of conditions, as amended by amendment no 6 of 15 january 2008, as: screening, remote surveillance, security rounds and patrols, access control and issue of visitor badges. bsca delegates the security services to the public limited company bsca security. bsca security's tasks are defined by reference to the decree of 23 june 1997 on the creation of airports in the walloon region (57). bsca security is 51 % owned by the region and 49 % by bsca. (81) the terms of the financial compensation are set out as follows by article 25.1 of the amended schedule of conditions: with regard to the fire protection and ground traffic and airport site safety services, the region assumed the costs of their provision under the same terms as those defined by amendment no 5 (see recital 75) up to 31 december 2009; the parties were to reassess the amount of the compensation no later than during the second half of 2009, with regard to the flight tracking and recording, provisional flight planning, marshalling and security services (58), the region assumed the costs of these services for the years 2008 and 2009. since 1 january 2010, this assumption of costs has been capped at the indexed amount of the compensation paid for the previous year. (82) article 25.7 of the schedule of conditions has been amended and provides that the amount of the compensation may not exceed the actual costs incurred by bsca, after deducting any fees collected from users to cover these services. 3.1.2.2. amount of the subsidy paid by the region (83) table 9 summarises the subsidies paid by the region to bsca and bsca security, excluding the public task subsidy compensating the annual fixed fee. table 9 subsidies paid by the region to bsca or bsca security (59) from 2001 to 2013 (excluding the public task subsidy compensating the annual fixed fee) fire, safety, maintenance security navigation office, including marshalling total 2001 2 892 612 2 892 612 2002 3 201 000 3 201 000 2003 4 184 964 4 184 964 2004 5 182 000 5 182 000 2005 5 525 000 5 525 000 2006 5 774 000 5 774 000 2007 5 774 000 5 774 000 2008 5 993 000 9 233 984 317 000 15 544 054 2009 6 148 000 13 512 788 417 324 20 078 112 2010 6 148 000 13 596 515 419 909 20 164 424 2011 6 148 000 13 703 323 533 323 20 384 646 2012 6 148 000 14 013 621 454 381 20 616 002 2013 6 148 000 14 013 621 454 381 20 616 002 total 69 266 576 78 073 852 2 596 388 149 936 816 source: annex 9 to the letter from belgium sent on 6 february 2014, amended for the giro subsidy by the response from belgium sent on 25 march 2014. 3.1.3. capital increase subscribed by sowaer (84) in the context of its development projects, and particularly the negotiation of the 2001 agreements with ryanair, a strategy note submitted to the bsca's board of directors on 31 july 2001 indicated that over the next three years, bsca is expected to accumulate 164 million in losses. its capital as at 31 december 2003 is therefore expected to fall to 23 million francs, i.e. less than 20 % of the current capital of 153 million [belgian] francs. that is why a capital increase of eur 5 million should be planned in order to avoid the company finding itself in a precarious situation. (85) in fact, in its decision of 23 may 2001 on the sowaer financial plan, the region had already confirmed the principle of successive capital injections in the companies managing the walloon airports (60). at that time the sowaer financial plan suggested a capital investment in bsca in the amount of +/ bef 60 million followed by, spread over three years, three times 30 million (capital of 600 million with sowaer holding 25 %, i.e. 150 million), i.e. a capital injection of eur 3,718 million spread over three years. (86) in the end, the capital increase was implemented in one go on 3 december 2002. the subscribed capital was fully paid up: sowaer therefore contributed the cash sum of eur 3,809 million in return for 49,23 % of the shares in bsca (61). 3.2. measures granted by the region and bsca to ryanair (62) 3.2.1. the 2001 agreements (87) the term 2001 agreements shall mean all the following: the commitment of the walloon government of 6 november 2001, the contract between bsca and ryanair of 2 december 2001 (hereinafter 2001 contract), the promocy agreement of 12 december 2001 and the contract between promocy and leading verge of 31 january 2002, on which the decision was taken by the bsca's board of directors on 31 july 2001 (63). 3.2.1.1. the commitment of the walloon government of 6 november 2001 (88) on 6 november 2001 the region concluded an agreement with ryanair. this agreement provided for a landing fee of eur 1 per departing passenger for ryanair, i.e. a reduction in the order of 50 % in the landing fee compared with the amount set and published by the walloon government, which involved a different calculation method (64) (at the time, the airport charges payable by airlines were determined using a fee structure decided and published by the walloon government and not bsca). in addition, the region undertook to compensate ryanair for the losses that the airline might directly incur due to a possible change in the level of airport charges or opening hours during the years 2001 to 2016, except where these changes were dictated by the european union, the federal state, the international civil aviation organisation or other requirements of international law. 3.2.1.2. the 2001 contract, including the provisions relating to promocy (89) under the 2001 contract between bsca and ryanair, bsca set a price for ground handling services for ryanair of eur 1 per passenger (65), i.e. 10 % of the price published in 2001 by bsca for other users. (90) bsca also undertook to contribute, both financially and by providing various services, to the costs associated with opening the ryanair base at charleroi (66). this contribution amounted to: eur 250 000 for the hotel and living expenses of ryanair staff, eur 160 000 per new route opened, up to a maximum of three routes per aircraft based at the airport, i.e. a maximum of eur 1 920 000, eur 768 000 towards the recruitment and training costs of pilots and crews assigned to the new destinations served by the airport, eur 4 000 for the purchase of office equipment. (91) at the same time bsca had to place at ryanair's disposal, free of charge, 100 square metres of office space and 100 square metres of engineering store, and also guarantee a non-exclusive right of access to a training room. bsca also had to use its good offices to ensure that ryanair paid nothing or very little for the use of an aircraft maintenance hangar. (92) in addition, under the 2001 contract, ryanair and bsca formed a joint business promotion company called soci t de promotion de brussels south charleroi airport (hereinafter promocy). promocy's company object was to develop charleroi and its region through the commercial operation of the airport (67) (for example, promocy financed part of the cost of ryanair's promotional tickets). bsca and ryanair were to contribute in equal proportions to promocy's operation (68). as a result, bsca and ryanair took equal shares in promocy's capital, which totalled eur 62 500. in addition, bsca and ryanair each paid a contribution of eur 4 per departing passenger from charleroi airport carried by ryanair. (93) the fees per departing passenger applicable to ryanair's operations under the 2001 contract and the contributions to the financing of promocy are summarised in table 10. table 10 fees applicable to ryanair under the 2001 contract (69) 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 landing fee 1 1 1,1 1,13 1,13 1,13 1,26 1,3 1,3 1,3 1,3 1,3 fee per passenger 7 7 7,38 7,5 7,88 8 8 8 8 8 8 8 ground handling services 1 1 1,1 1,13 1,13 1,13 1,26 1,3 1,3 1,3 1,3 1,3 promocy 4 4 4 4 4 4 4 4 4 4 4 4 net total paid by ryanair 5 5 5,58 5,76 6,14 6,26 6,52 6,6 6,6 6,6 6,6 6,6 given that the fees under the 2001 contract were revised on 1 april, they have been applied on a pro rata basis so that they are comparable on an annual basis (1 january-31 december). (94) in return, ryanair undertook vis- -vis bsca to base a number of aircraft at charleroi (between two and four) and to operate at least three rotations per day and per aircraft departing charleroi over the 15-year period (2001-2016) covered by the contract. the irish company thus assured the airport manager of passenger traffic allowing it to anticipate income, either through airport charges or through non-aviation activities. under the contract, if ryanair ceased its operations at charleroi in the first five years of the contract, the company would be required to reimburse to bsca the contribution to the costs associated with opening ryanair's base and the marketing contribution. beyond the fifth year of the contract, the reimbursement would be calculated on a sliding scale (70). 3.2.2. the ministerial order of 11 june 2004 and the bsca letter of 24 june 2004 (95) according to belgium, under its national law, the 2004 decision effectively rendered the 2001 agreements null and void. the region therefore decided to adopt a ministerial order on 11 june 2004 that reduced, on a promotional basis, the landing fees for aircraft at charleroi airport. this order entered into retroactive force on 13 february 2004. it stipulated that, on a promotional basis and for all airlines, the landing fee for an aircraft on a scheduled route was eur 1 per passenger (i.e. the fee paid by ryanair under the 2001 agreements). this general reduction was valid only for a period of 36 months from the entry into force of the ministerial order. (96) in a letter of 24 june 2004 (71), bsca undertook towards ryanair to continue applying the terms of the 2001 agreements until 31 march 2006 and guaranteed, in particular, that the company would pay a total cost for using the airport's services of eur 5 per departing passenger, corresponding to the level that would have resulted from applying the 2001 agreements if they had continued to be applied in 2005 and 2006 (see table 10). this provisional commercial framework was dependent on a limit of 2 million passengers per year not being exceeded in terms of all the airport's activities (72). however, despite this limit being slightly exceeded in 2004 (73), the conditions offered to ryanair were not altered in 2004 and 2005. 3.2.3. the 2005 amendment (97) by decree of 3 february 2005, the region delegated responsibility for setting airport charges to airport managers, including bsca (74). (98) from 1 april 2006, the general landing fee payable to bsca was increased to eur 2 per departing passenger. this fee of eur 2 was indexed. in addition, a system of annual discounts according to the number of departing passengers was applied in accordance with table 11. table 11 discounts on landing fees applicable to all airlines operating at charleroi airport from 1 april 2006 (75) discounts on an annual basis percentage discount (%) from number of departing passengers to number of departing passengers 0 0 15 000 5 15 001 35 000 10 35 001 50 000 25 50 001 100 000 35 100 001 200 000 50 200 001 (99) on 9 december 2005 bsca proposed to ryanair, which accepted this, a new commercial agreement dated 9 december 2005 (hereinafter 2005 amendment) for the period from 1 april 2006 to 31 december 2015. (100) under the 2005 amendment: the landing fee payable by ryanair was calculated based on the general landing fee, which provided for a 50 % discount above 200 000 passengers (see table 11), the ground handling fee applicable to ryanair's operations was set until 2015 in accordance with table 12, ryanair was subject to a new fee, called the infrastructure access fee, the contract no longer required the contribution by bsca to promocy. table 12 fees applicable to ryanair under the 2005 amendment (76) 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 landing fee [1-1,2 [1-1,2 [1-1,2 [1-1,2 [1-1,2 [1-1,2 [1-1,2 [1-1,2 [1-1,2 [1-1,2 fee per passenger 0 0 0 0 0 0 0 0 0 0 ground handling services [4-6] [4-6] [4-6] [4-6] [4-6] [4-6] [4-6] [4-6] [4-6] [4-6] infrastructure access [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] net total paid by ryanair [5-7] [5-7] [5-7] [5-7] [5-7] [5-7] [5-7] [5-7] [5-7] [5-7] difference compared with the 2001 contract [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] the landing fee figures are based on ryanair's passenger projections at the time when the 2005 amendment was signed. (101) the commission notes that the amounts per passenger paid by ryanair in accordance with table 12 are, except for [ ], identical to those stipulated by the 2001 contract (77) (see table 10). (102) lastly, the 2005 contract stipulated that, for a period of at least six months after the new terminal's entry into use, ryanair would base four aircraft at charleroi with a minimum of [25-32] daily rotations. if it failed to do so, ryanair would pay a [10-25] % surcharge. 3.2.4. the 2010 amendment (103) on 1 january 2009 bsca introduced an additional fee per passenger, payable by all airlines operating at charleroi airport, in relation to passengers with reduced mobility (hereinafter prm fee). amendment no 7 to the region/bsca agreement authorises bsca to set such a fee, which, according to belgium, is in line with union law (78). the prm fee was set at 19,5 euro cents per departing passenger in 2009 (79). (104) an amendment to the contract between bsca and ryanair was concluded on 6 december 2010 (hereinafter 2010 amendment), following an exchange of letters between bsca and ryanair. it provides for: a general exemption from the prm fee, under which ryanair will pay [10-30] euro cents per passenger for the year from 1 february 2009 to 31 january 2010; moreover, the terms of indexation of the prm fee provide for a reduction in this fee proportional to the increase in traffic generated by ryanair (80), a reduction of [10-50] euro cents per ryanair passenger in the ground handling fee. 3.2.5. sale of bsca shares in promocy (105) on 31 march 2010 bsca sold its 50 % holding in promocy (81) to ryanair. bsca sold the shares at their book value for a total amount of eur 31 100 (i.e. eur 100 per share). all the risks and obligations were transferred to the sole shareholder, namely ryanair. (106) according to belgium, at the time of this sale, promocy's cash resources totalled eur 261 073 (balance of the assets, having deducted the capital and statutory reserve) (82). bsca therefore sold half of promocy's capital for a price well below half the value of the cash resources. 4. comments from interested parties 4.1. comments from interested parties on the measures granted to bsca 4.1.1. brussels airport company (hereinafter bac) (a) comments received in september 2012 following the adoption of the 2012 extension decision (107) bac considers that all the measures granted to bsca, as described in the 2012 extension decision, constitute state aid that cannot be declared compatible with the internal market. (108) according to bac, none of the investments described in the 2012 extension decision was the object of a legally binding decision before 12 december 2000. (109) bac considers that none of the infrastructure investments related to the exercise of public power, as they are all essential elements for the economic activities of the operator, including works to improve the operation of the airport such as landing systems or runway extensions, or to facilitate its economic development such as car parks, access roads or maintenance hangars. (i) bsca's payment for the concession and infrastructure (110) bac submits that none of the measures granted to bsca as described in the 2012 extension decision is in line with the market economy investor principle (hereinafter meip). based on industry practice, the return on investment that the region/sowaer receives is far below what a private investor would expect (83). (111) according to bac, any investment aid granted to bsca was not limited to the minimum necessary. this is because bsca's payment for the concession and infrastructure remained constant between 2002 and 2010, apart from a step up in 2007, while passenger numbers and revenues increased over the same period. this resulted in an increase in the average net value of the infrastructure for bsca, whereas average net payments decreased. (ii) services provided by sowaer to bsca and services reimbursed by the region (112) with reference to the services provided by sowaer to bsca and the services reimbursed by the region to bsca, bac submits that, apart from public services such as police and customs, the belgian state does not pay for any other activities at brussels airport. bac bears the cost of fire services, safety and maintenance itself. the flight tracking, recording and planning services provided by belgocontrol are paid for directly by the airlines using brussels airport. at charleroi airport, airlines do not have to pay for these services. as such, the services reimbursed by the region to bsca do not relate to the exercise of public power. (113) bac considers that these services do not constitute services of general economic interest as they are inherent in the operation of an airport and in the essential aspects of the economic activities of an airport and do not meet the altmark criteria. (114) bac considers that the payments made to reimburse bsca for these services are not in accordance with the meip and constitute operating aid. as the payments made by bsca to the region for the use of the infrastructure are less than what a private investor would find acceptable, such an investor would not agree to additional payments being made for services without a corresponding return. (115) bac points out that operating aid can be declared compatible only under exceptional circumstances and under strict conditions in disadvantaged regions. none of these conditions is met in the case of charleroi airport and the aid cannot be regarded as compatible with the internal market. (iii) participation of sowaer in the bsca capital increase (116) bac doubts whether the bsca capital increase of 3 december 2002 complied with the meip. bac further points out that, when assessing whether the capital increase would have been made by a private investor, other aid measures from which bsca benefits should not be taken into account. (iv) impact on competition (117) bac submits that the aid measures have allowed charleroi airport to strengthen its competitive position in relation to other airports and other means of transport such as high-speed rail, as they enable bsca to apply low airport charges. this creates a significant disparity between the fees at brussels airport and at charleroi airport, particularly due to differences between the passenger fees and safety fees. the airport charges collected by bsca are below market price in comparison with brussels airport and other comparable airports in the charleroi airport catchment area, such as eindhoven, lille and cologne/bonn airports. (118) according to bac, this difference has resulted in a loss of 2,5 million passengers over the 2004-2011 period. the growth of charleroi airport is not purely the result of additional traffic that brussels airport has failed to generate, as proven by the fact that the average annual growth of a reference sample of european airports was 20,5 % between 2005 and 2011, whereas traffic at brussels airport remained constant. in addition, the increase in destinations and frequencies at charleroi airport has led to a corresponding loss of destinations or reduction in frequencies at brussels airport. (b) comments received in may 2014 following publication of the guidelines on state aid to airports and airlines (119) bac considers that both the investment aid and the operating aid received by bsca are state aid that cannot be regarded as compatible with the internal market. in its opinion, the entry into force of the aviation guidelines further supports this conclusion. (i) investment aid (120) bac believes that the investment aid received by bsca constitutes state aid that must be regarded as incompatible with the internal market because it is not proportional to objectives of common interest (brussels airport was not congested) and is not limited to the minimum necessary. (ii) operating aid 1. presence of state aid under article 107(1) tfeu (121) according to bac, the opening decision basically focused on the different treatment in the financing of these activities between charleroi airport and other undertakings within the same member state, and other airports such as brussels airport. in that regard, bac considers that the reimbursement by the region to bsca of the costs of these services constitutes state aid and discrimination between bac and bsca within the belgian state, because bac had to bear these costs alone. 2. compatibility of state aid measures under article 107(3)(c) tfeu (122) point 137 of the guidelines on state aid to airports and airlines (84) (hereinafter aviation guidelines) provides that a number of conditions must be met in order for past operating aid to be regarded as compatible with the internal market. according to bac, the operating aid received by bsca does not meet these conditions. (a) the aid does not contribute to a well-defined objective of common interest (123) although charleroi airport and brussels airport are in competition in the same catchment area, the aid granted to bsca has led, in bac's opinion, to a duplication of airport capacity available in belgium. the capacity of charleroi airport has therefore been increased, even though the capacity of brussels airport was not saturated. accordingly, the total number of passengers using charleroi and brussels airports was 25,4 million in 2012, i.e. still less than the maximum capacity of brussels airport alone. (b) lack of need for state intervention (124) bac points out that the annual traffic at charleroi airport exceeded 1 million passengers in 2001-2002 and 3 million passengers in 2008-2009. in view of the categories laid down by the aviation guidelines, bsca should have been able to cover the majority, if not all, of the costs incurred at charleroi airport during the period covered by the commission investigation. (125) according to bac, no operating aid should have been granted to bsca since the aviation guidelines entered into force given that the annual passenger traffic has significantly exceeded the threshold of 3 million since 2009. (c) the aid is not appropriate and its amount is disproportionate (126) according to bac, the amounts paid by bsca for the following services could have been more appropriate: the amount for the airport infrastructure to be placed at its disposal and the amount for the services provided by sowaer. this is also true of the reimbursement by the region for certain services. in bac's opinion, the state aid granted to bsca was not limited to the minimum necessary and less distortive policy instruments were available to the region and sowaer. (d) the aid has negative effects on competition and trade (127) firstly, bac points out that, contrary to the recommendation in point 131 of the aviation guidelines, the bsca business plan did not study the effect of the development of its activities on traffic at brussels airport. (128) moreover, bac draws the commission's attention to the fact that the case in question cannot be compared with that of groningen airport, in which the commission regarded the operating aid as compatible with the internal market. in that case, the commission recognised the need to relieve congestion at schiphol airport and the fact that the airports were far enough apart. these two elements are not relevant in the present case. (129) this aid, which has enabled bsca to artificially reduce the amount of its airport charges, has had the following negative effects on bac: a significant fall in its use by passengers and a reduction in the frequency and even the loss of certain routes also served by charleroi airport. (130) in terms of the fall in the volume of passengers at brussels airport, bac points out that its origin essentially lies in the absorption of its customers by bsca. therefore, according to bac, although the majority of european airports saw passenger numbers increase between 2005 and 2013, these numbers stagnated at brussels airport, whilst at the same time the volume of passengers at charleroi airport rose. (131) bac considers that the absorption of its customers also explains the loss of routes at brussels airport and the reduced frequency of certain flights. in particular, it sees a correspondence between the flights lost from brussels airport following the introduction of equivalent flights at charleroi airport. (132) bac recommends that the commission states, in its future decision on this aid and in accordance with the thresholds laid down by the new aviation guidelines, (i) that no more operating aid or investment aid can be granted to bsca from the entry into force of the aviation guidelines, and (ii) that the services at charleroi airport are charged at a level sufficient to cover the marginal costs generated. 4.1.2. brussels airlines (a) existence of aid granted to bsca (i) economic activity (133) brussels airlines submits that fire, maintenance, safety and security services, and services associated with landing, take-off and infrastructure do not fall within its public service tasks but form part of the economic activity of managing an airport and should not be subsidised in a discriminatory manner. they cannot be regarded as services of general economic interest. brussels airlines submits that other industries in the region finance their own fire services, as does brussels airport. as the region covers the safety and security costs at charleroi airport, bsca does not recover these costs from airlines, whereas no compensation has been given to brussels airport for these costs. passengers departing from brussels airport are also subject to the belgian civil aviation authority fee, whereas passengers departing from charleroi airport are not. (ii) advantage (134) brussels airlines does not believe that the region/sowaer were behaving as a private operator in a market economy when giving support to bsca. bsca's profitability appears inflated due to subsidies, grants and compensatory measures, without which it would have a consistently negative profit margin. brussels airlines also questions whether the combined profitability of bsca and sowaer reflects market-driven practices. brussels airlines submits that the region is not acting as a private investor given that such an investor would not invest in a structurally loss-making company. (iii) distortions of competition (135) between 2004 and 2012, whilst the number of short-haul passengers using charleroi airport tripled, the number using brussels airport stagnated, given that this figure was the same in 2012 as in 2004. brussels airlines adds that the number of passengers that it carried fell from [ ] million to [ ] million. given these findings and the fact that, when viewed as a whole, airport passenger numbers increased by 34 %, brussels airlines concludes that charleroi airport benefited from all the growth. brussels airlines notes that from 2004 to 2007 other european airports experienced strong growth (over 20 %), but the growth at charleroi airport is not explained solely by the increase in traffic, but also by the fact that a large number of passengers who previously used brussels airport appeared to choose charleroi airport instead. brussels airlines puts this loss at [ ] million passengers per year to the benefit of charleroi airport, i.e. a loss of revenue estimated at over eur [ ] million per year. (b) legal basis on which to assess the compatibility of the aid to bsca (136) according to brussels airlines, the commission does not have any legal basis for authorising operating aid that (i) was granted prior to the entry into force of the aviation guidelines and (ii) was incompatible with the internal market at the time when it was granted. retroactive application of the aviation guidelines would be contrary to the general principles of law and, in particular, as in this case, where the conditions for authorising operating aid are comparatively less strict than in the past. (137) firstly, the principles of legal certainty and non-retroactivity of european legislation rule out the possibility of a union regulation taking effect before its publication, save in exceptional circumstances. in this particular case, brussels airlines submits that no exceptional circumstances exist. (138) secondly, the commission notice on the determination of the applicable rules for the assessment of unlawful state aid indicates that the commission shall always assess the compatibility of unlawful state aid with the common market in accordance with the substantive criteria set out in any instrument in force at the time when the aid was granted. therefore, in the opinion of brussels airlines, the commission cannot depart from its own rules without contravening the general principles of law (equal treatment, legitimate expectations). brussels airlines submits that there is consequently no legitimate reason not to apply this notice in the present case. (139) lastly, operating aid is by nature incompatible with the internal market. according to brussels airlines, this principle was clearly set out in the 2005 aviation guidelines. (140) brussels airlines considers that the commission's approach in this case is all the more unacceptable because: the commission previously prohibited the measures from which charleroi airport has benefited, in its 2012 extension decision, the commission extended the scope of the measures covered by the investigation procedure, according to the 2012 extension decision, the measures investigated are clearly incompatible with the internal market. (141) consequently, brussels airlines submits that the region and bsca were perfectly well aware of the regulations in force on state aid. the prohibition of this aid does not therefore infringe the principle of legitimate expectations. on the contrary, it would be particularly unfair to retroactively justify their unlawful behaviour to the detriment of third parties, and especially to the detriment of those who have complied with the rules. the balance of interests at stake clearly means that this aid must be prohibited. (142) according to brussels airlines, by retroactively applying the aviation guidelines to past operating aid that is clearly incompatible, the commission is implicitly acknowledging this incompatibility. (c) compatibility of the aid granted to bsca based on the new aviation guidelines (i) objective of common interest (143) brussels airlines draws the commission's attention to the fact that the positive effects expected of state aid policies, such as the development and accessibility of the regions, are uncertain. (144) the phenomenon of regional airports absorbing traffic from established airports has several other negative consequences according to brussels airlines: firstly, the fact that capacity is created whilst other capacity still exists results in the inefficient duplication of infrastructure. in support of this argument, brussels airlines points out that, during the period in question (2000-2012), the capacity available at brussels airport was sufficient to accommodate more passengers. as an example, in 2011 the capacity of brussels airport was a maximum of 28 million passengers, although the airport was being used by only 18,8 million passengers. at the same time, charleroi was being used by 5,9 million passengers, whereas its capacity was between 6 and 7 million. the total capacity of the two airports in 2011 was 24,7 million, i.e. a total capacity below the maximum capacity of brussels airport alone. secondly, brussels airlines points out that the development of activities at charleroi airport, to the detriment of brussels airport and brussels airlines, has seemingly had a negative social and economic impact. brussels airlines compares the direct and indirect added value of brussels and charleroi airports from 2007 to 2009. the added value of charleroi airport is apparently eur 38 million, whereas that of brussels airport is eur 358 million. brussels airlines also refers to the number of jobs created directly and indirectly by the airports between 2007 and 2009. whereas employment at charleroi airport increased over this period by 589 fte (full-time equivalents), the number of jobs at brussels airport fell by 1 057. whilst the number of passengers at charleroi airport substantially increased between 2007 and 2009, unlike at brussels airport, the level of direct and indirect employment did not increase to the point of compensating for the loss of jobs at brussels airport. finally, according to brussels airlines, the absorption phenomenon has had a negative impact on the profitability of traditional airlines to the benefit of the low-cost airlines, whose profitability is mainly due to subsidies. brussels airlines states that, whereas the average profitability of the aea (association of european airlines) was low and even negative over the entire period in question (profits before interest and taxes were eur 0,9 billion in 2000, with a loss of eur 0,4 billion in 2012), the figure for ryanair was substantial (profits before interest and taxes were eur 84 million in 2000 and eur 617 million in 2012). however, according to brussels airlines, this profitability was increased by the subsidies received from the airports. brussels airlines states that, without this aid (calculated at eur 720 million in 2011), ryanair's profitability would have been substantially lower, and even negative. (145) in addition, brussels airlines points out that the operating aid was granted to charleroi airport even though (i) this airport is located in the same catchment area as brussels airport and (ii) the latter still had available capacity. consequently, according to brussels airlines, a business plan based on cargo and passenger traffic forecasts should have identified the potential impact of this airport's development on traffic at brussels airport. brussels airlines stresses that such an assessment was never made. in any event, if such an assessment had been made, it would have shown that an increase in traffic at charleroi airport would be to the detriment of traffic at brussels airport. brussels airlines states that, in its view, this was in fact the outcome: an increase in market share for charleroi airport correlated to a drop in market share for brussels airport and to a reduction in the frequency and/or to the withdrawal of several brussels airlines routes. brussels airlines therefore reasserts that the operating aid granted to bsca did not contribute to the achievement of an objective of common interest. in fact, on the contrary, these measures resulted in the misuse and wastage of resources. (ii) need for aid (146) brussels airlines points out that, in order to benefit from operating aid, the aviation guidelines require the annual traffic of an airport not to exceed 3 million passengers. brussels airlines stresses that this threshold was exceeded in 2009. moreover, brussels airlines notes that the operating aid granted to bsca did not evolve between 2002 and 2008 although, in theory, bsca should have been capable of covering an increasing proportion of its operating costs. in addition, from 2009 charleroi airport should have been able to cover its operating costs and was not eligible to receive further operating aid. (iii) inappropriateness of the aid (147) according to brussels airlines, even if it were proven that charleroi airport still needed the operating aid in 2008, it was in fact clear that the public financing of bsca through state aid was an inappropriate policy given that charleroi airport was not profitable. moreover, brussels airlines points out that the measures in question were all inappropriate because the region did not, to its knowledge, previously attempt to compare its aid measures with measures that were less likely to hinder competition. (iv) distortion of competition (148) brussels airlines notes that charleroi airport is located in the same catchment area as brussels airport and that the latter still had available capacity during the period in question. moreover, brussels airlines points out that, while the number of passengers has increased at charleroi airport, the number at brussels airport has stagnated and even declined in recent years, despite the fact that air traffic has risen on the whole in all european countries. 4.1.3. board of airline representatives (bar) (a) comments received following the 2012 extension decision (149) bar submits that terminal charges (fees), safety costs and certain security costs, and firefighting costs at brussels airport are borne by its users, while at regional airports these are borne by the airport or regional authorities. in bar's opinion this constitutes a substantial advantage for regional airports. (b) comments received following publication of the guidelines on state aid to airports and airlines (i) distortion of competition caused by the operating aid granted to brussels south charleroi airport (bsca) (150) bar briefly notes the nature of the aid in question: operating aid received by bsca and paid by the region, in all likelihood transferred to ryanair, at least in part. (151) bar complains that the commission, by announcing that it wanted to apply the principles set out in the aviation guidelines to all cases concerning operating aid to airports even if the aid was granted before 4 april 2014, infringed the principle of legal certainty and adopted an opposite approach to the one recommended in 2002 in its notice on the determination of the applicable rules for the assessment of unlawful state aid, given that, according to bar, said notice states that aid must be assessed in accordance with the texts in force at the time when the aid was granted. moreover, bar considers that this change in commission policy also infringes the principle that reasons must be given, because the commission does not explain why developments in the aviation sector would have an impact on the assessment of past operating aid, or why only the latter type of aid is covered and not also past start-up or investment aid. in this respect, bar points out that, if the commission were to find that aid granted in the past was compatible with the internal market even though the opposite had been found previously, this would infringe not only the general principles referred to above, but also the principles of sound administration and legitimate expectations. (152) according to bar, the aid measures in question, including those granted in the past to bsca, are not compatible with the internal market, even when assessed in the light of the provisions of the aviation guidelines, for the following reasons: the aid measures are not necessary: bsca has exceeded the threshold of 1 million passengers, given that it handles 6 million passengers, and must therefore be able to bear its operating costs. in addition, the operating aid granted in the past cannot be regarded as compatible, given that bsca had 3 million passengers, or necessary, given that bsca should have been able to bear its operating costs. the aid is and was anti-competitive: according to bar, given that bsca is located in the same catchment area as brussels airport, which had spare capacity, the region should have taken account of this when granting the aid, which did not happen. (ii) additional comments on the level playing field (153) according to bar, if bsca considers that aid for the provision of certain public services at the airport must be authorised, then these services must be compared to the same services provided at brussels airport. however, bar points out that certain services provided at charleroi airport are regarded as public services whereas they are not at brussels airport. (154) bar stresses that the collection of airport charges must not lead to a situation of discrimination between users. in particular, bar refers to the reductions enjoyed by ryanair on the airport charges and not enjoyed by other airlines established at this airport, and to the fact that the airport charges at brussels airport are much higher. (155) bar notes that, since brussels airport was privatised, its services are no longer expressly regarded as public services. these services constitute regulated activities for which the charges paid by airport users or passengers are controlled according to a formula. (156) in addition, bar draws the commission's attention to the question of cross-subsidisation given that ryanair operates at both charleroi airport and brussels airport. if such cross-subsidisation were found to exist, this would clearly represent a distortion of competition. 4.1.4. association of european airlines (aea) (a) comments received following the 2012 extension decision (157) the aea submits that subsidies to regional airports are acceptable only if they benefit all airport users without discrimination and do not create distortions between airports within the same catchment area. the aea acknowledges that airports may adapt their infrastructure to meet the needs of specific users as long as principles of transparency, cost-relatedness and non-discrimination are observed. 4.1.5. air france (a) comments received following the 2012 extension decision (158) air france asks the commission not to approve what, in its view, is operating aid distorting competition between airlines and between airports. air france believes that the commission should comprehensively compare the fees charged at charleroi airport and those charged at airports in the same catchment area, in particular brussels airport. (159) air france also questions the retroactive application of the aviation guidelines to cases involving operating aid for airports, even where this aid was paid prior to the publication of said guidelines, for a number of reasons: according to air france, the retroactive application of the aviation guidelines favours non-virtuous operators by legitimising conduct that did not comply with the rules applicable at the time. by contrast, this approach penalises operators who did comply with the previous guidelines by refraining from claiming public funds. the retroactive application of the aviation guidelines to operating aid granted to airports is contrary to general principles of law and european case-law. (160) air france claims that the new aviation guidelines will have the effect of favouring new operators to the detriment of incumbent operators. by allowing a new airline to pay only the incremental cost associated with its activity, they will discriminate against incumbent operators at the airport, who will be subject to higher fees. (161) lastly, air france notes that, although the condition of non-discriminatory accessibility to the infrastructure of an airport may seem easy to fulfil in theory, the situation is quite different in practice, with certain operating models being consciously disadvantaged. 4.1.6. bsca (a) comments received following the 2012 extension decision (162) bsca calls on the commission to close its investigation due to the absence of any state aid granted to itself or its trading partners. (163) as a preliminary remark, bsca considers that the time that has passed since the start of the case may have created legitimate expectations for bsca and its users. bsca notes that the commission was previously informed, during its initial investigation that led to the 2004 decision, about the mechanism introduced by the region and bsca in 1991 under the concession agreement and its subsequent amendments. bsca therefore objects to the extension of the scope of the measures examined by the commission. (164) bsca draws the commission's attention to the importance of regional airports in terms of economic and social development, regional accessibility and tourism. it considers that the liberalisation of air transport has created a new category of passenger taking city trips and short-haul flights for family reasons, together with new low-cost business models meeting this new demand. bsca therefore takes the view that competition between charleroi airport and brussels airport is only very limited. in this respect, bsca stresses the limited impact on brussels airport of the launch in the past of a route between dublin and charleroi airport (85). bsca explains its success by the dynamic policy implemented by the walloon authorities in recent years and also by the flexibility of its infrastructure and the drive of the airport teams. (165) in terms of services of general interest, bsca notes that since 1991 it has received compensation for services of general interest, as defined by article 25 of the schedule of conditions concluded with the walloon public authorities. bsca disputes the analysis made by the commission in its 2012 extension decision, refuting the non-economic nature of these activities. the airport manager considers that this represents, firstly, a reversal of position by the commission in relation to its established decision-making practice and, secondly, a lack of understanding of the international and european regulations on transport safety and security. bsca reminds the commission that these services of general interest, which were previously provided by the administration, were transferred with the intention of ensuring sound management and flexibility. the compensation paid by the walloon authorities is therefore capped and cost-based and does not create any advantage for bsca. an audit system has been established in order to prevent any overcompensation. (166) with regard to the capital increase, bsca notes that the commission did not question this during the initial investigation and takes the view that this complies with the market economy private investor principle. the airport manager adds that this increase was decided on the basis of a credible and realistic business plan and that it was justified by its needs due to the considerable development of its activities. in this respect, bsca stresses that the commission noted even in 2004 that the expected results for 2003 were higher than those taken into account in the 2001 business plan. likewise, the number of passengers passing through charleroi airport and the operating income in 2011 exceeded the estimates in this same business plan. lastly, in bsca's opinion, the development of its activities in partnership with ryanair enabled sowaer to profit from the good results achieved by bsca, given that it made a substantial capital gain when it sold some of its shares in 2009. 4.2. comments from interested parties on the measures granted to ryanair 4.2.1. britannia (comments received following the 2002 opening decision) (167) the airline britannia considers that it is normal for airports to be able to provide marketing support and reductions according to the volume of passengers supplied by airlines, especially in the case of airports that are not yet well established. however, these advantages must remain proportional, realistic and limited in duration. britannia is worried about the inequality created between competing airlines in this specific case. the airport charges are unequal and unrealistic, even though the low-cost airlines use the runways, terminals and safety and security facilities in the same way as other airlines. 4.2.2. scandinavian airlines (comments received following the 2002 opening decision) (168) sas points out that the deregulation of european airspace has led to increased competition among the traditional airlines and has also allowed the creation of new airlines, which have developed new business concepts. it is of fundamental importance that this competition complies with a regulatory framework applied transparently and without discrimination. 4.2.3. klm royal dutch airlines (comments received following the 2002 opening decision) (169) klm explains that low-cost airlines and traditional airlines offer different products and that each one has its own raison d' tre at both commercial and operational level. low-cost airlines generally avoid large airports, where the logistics can be complicated and usage costs high. instead they choose regional platforms allowing them to operate rapid rotations at a reduced cost. these developments should not be called into question, but they should not be based on aid. according to klm, the advantages received by ryanair at charleroi airport go well beyond what is permitted under article 107(1) tfeu, and the consideration offered by ryanair, consisting of basing a number of aircraft at charleroi airport, changes nothing in this state of affairs. 4.2.4. air france (comments received following the 2002 opening decision) (170) air france considers that the reduction in the fees charged to ryanair and its absorption by the region and bsca create a disadvantage for ryanair's competitors who provide links on the intra-community market. the reduction in the landing fee allows ryanair to reduce its operating costs and in fact makes it more competitive than its competitors, not only for the flights that it operates into or out of charleroi airport but also throughout the ryanair network. the compensation commitment made by the region is also regarded as an advantage guaranteeing stability of operating conditions to ryanair, given that practical experience of using any airport platform demonstrates that the commercial and regulatory environment is never rigid. airport charges can therefore easily rise if the airport manager is forced to finance specific measures, possibly with the aim of accommodating other carriers wishing to establish themselves at charleroi airport. in addition, the development of environmental measures can alter the conditions of operation of an airport. 4.2.5. austrian airlines (comments received following the 2002 opening decision) (171) according to austrian airlines, the arrival of low-cost airlines has resulted in a subsidies race between airports and regions wanting to be served by these carriers. these developments have called into question the principle of infrastructure availability payments, even though this is one of the basic rules in the civil aviation world. the aid granted is not degressive, it is independent of the success achieved by ryanair in the links that it serves and it benefits one airline only, which leads to discrimination. austrian airlines concludes that cooperation such as that observed between ryanair and the region causes significant distortions of competition between airlines and is largely incompatible with the smooth operation of the internal market for aviation. 4.2.6. association of residents and inhabitants of municipalities close to charleroi-gosselies airport (arach) (comments received following the 2002 opening decision) (172) the association is concerned that the financial aid granted to ryanair will lead to unbridled development of the airport within an urban site, and that in these terms as both citizens and taxpayers, we are concerned about the questionable state aid granted to a private company, as this involves improper use of the walloon region's budgetary resources. 4.2.7. interested party a (comments received following the 2002 opening decision) (173) interested party a states that it is very concerned about the subsidies granted by the public authorities, which will affect the conditions of competition between the various modes of transport. ryanair is therefore benefiting in particular from public subsidies for the charleroi-london link, while eurostar, operated jointly by sncb, british railway operators and sncf, is not benefiting from them. both means of transport are, however, in direct competition for the brussels-london link. it is up to the railway operators alone to advertise the link, purchase the rolling stock and engines, pay infrastructure and tunnel tolls, etc. equal treatment between competitors is therefore upset. 4.2.8. interested party b (comments received following the 2002 opening decision) (174) interested party b points out that the advantages granted to ryanair reduce its cost structure and enable it to charge lower fares. these practices affect the conditions of competition, whether these companies operate out of charleroi airport or brussels airport and whatever the route served. competition between low-cost airlines is not merely competition that must be analysed on a route-by-route basis. for many travellers, the destinations of venice or barcelona are wholly exchangeable. competition therefore applies to every route. (175) this company explains that the direct costs out of brussels airport are eur 32,14 per passenger compared with eur 5 for ryanair operating out of charleroi airport (86). (176) even though the ground handling services are more limited for ryanair than for other airlines, this interested party points out that a considerable number of ground handling services are still necessary for all airlines. the fact that the ground handling market is open to competition at brussels airport means that these fees should not normally be much higher at brussels airport than at charleroi airport. ground handling fees are, generally speaking, higher at small airports than at large airports, given that companies cannot usually reach the critical size needed to make economies of scale. this interested party estimates that ryanair saved eur 17 million in 2003 on ground handling fees and landing fees. in its opinion, it also appears that bsca has not taken account of council directive 96/67/ec (87): the airport should reach two million passengers a year quite quickly and bsca will need to apply the directive at this threshold and open the ground handling market to other operators. (177) bsca has allegedly acted not as a private investor in a market economy but for political and social reasons, on the instructions of the region. the 15-year contract will probably not allow bsca to establish itself as a profitable business and it is expected to continue to experience operational problems. the prospect of a return on the investment could be undermined if ryanair withdraws (88). (178) bsca allegedly receives contributions from the region, such as 65 % of the revenue from the airport charges and the placing at its disposal of the infrastructure free of charge, even though the region pays a contribution to sowaer. in principle, each payment from the region should be limited to the compensation for the costs associated with the public service obligations imposed on bsca, and the situation is not very clear in this regard. (179) for this company, which acknowledges having also on occasion benefited from marketing advantages for the launch of new destinations, but never from reductions in airport charges or ground handling costs, the advantages granted to ryanair at charleroi airport go well beyond the bounds of current practice. it considers, however, that it took just as significant commercial risks by setting itself up at brussels airport at a time when competition from sabena was very strong. (180) the fact that other airport managers grant advantages to ryanair does not prove that charleroi airport has acted as a private investor in a market economy. the company refers to the steinike & weiling judgment (89). 4.2.9. brussels international airport company, now brussels airport company (hereinafter bac) (comments received following the 2002 opening decision) (181) according to bac, bsca has not behaved like a private investor given that the advantages granted differ in their extent from those granted by other airports (90). the fact that ryanair receives advantages from other airports is not at all relevant, as those could also constitute state aid. (182) the interested party draws the commission's attention to several factors that must be taken into account when analysing the potential profitability of bsca and that appear to exclude medium-term profits: (183) bsca benefited from a recapitalisation by the region, totalling eur 4 million, in december 2002. bsca benefited from an exemption from half of its fee due to the region for the period 2001-2006. this advantage totals eur 1 million per year, which bsca will, however, have to pay back from 2007 onwards. the commission should take account of the costs of the charleroi airport expansion project, calculated at eur 95 million, and the methods of financing. if this project is not paid for by bsca, the conditions under which the region places this infrastructure at the disposal of bsca should be checked. this interested party doubts that, given the current state of its infrastructure, the airport is in a position to cater for sufficient passengers to ensure the financial balance of bsca. the region provides bsca, free of charge, with the equipment and staff needed for all the security operations at charleroi airport, namely passenger and baggage screening prior to embarkation, although, as a general rule, security costs are borne by the airport users, either through a security fee payable to the airport operator or through a tax where these services are provided by the public authorities. 4.2.10. interested party c (comments received following the 2012 extension decision) (184) interested party c believes that the advantages granted by the region to bsca and ryanair harm competition and that charleroi airport and brussels airport operate in the same market. (185) interested party c criticises the relationship between the region, bsca and ryanair and the resulting differences in charges levied on airlines at brussels airport and charleroi airport. notably, (i) maintenance costs are not passed on to users but are compensated by the region, (ii) landing fees favour ryanair, [ ]. (186) interested party c further submits that ryanair does not pay for services that are part of normal airport management, such as fire services, expansion and construction of infrastructure and passenger fees. 4.2.11. brussels airlines (a) existence of aid (i) selective advantage (187) according to brussels airlines, ryanair has benefited from a selective advantage compared to other airlines. (188) the aid granted by the region and sowaer to bsca reduces the latter's operating costs, enabling it to charge lower fees to airlines including ryanair, in turn reducing the latter's operating costs. in particular, given that the region covers the safety and security costs of charleroi airport, bsca does not recover these from the airlines, whereas brussels airport has not benefited from any compensation in this respect. brussels airlines believes that the region's comprehensive financial support programme for bsca must be taken into account when assessing the commercial relationship between bsca and ryanair. (189) ryanair has also benefited from direct financial measures such as start-up aid and contributions to marketing activities. brussels airlines questions whether this aid complies with the conditions laid down by the 2005 guidelines as also the principles of proportionality and transparency. (190) brussels airlines considers that the cumulative effect of all the measures is to make it impossible to believe that bsca is acting as a private investor, and it invites the commission not to examine the measures separately, but as a whole. 1. benchmarking. (191) according to brussels airlines, the fees charged by bsca to ryanair during the period in question were much lower than those paid by other airlines at comparable airports. (192) brussels airlines uses as its benchmark the airport charges of a number of other airports located in the catchment area of charleroi airport (eindhoven, lille and cologne) or that are of a similar size (marseille, porto and bologna), and concludes that the airport charges applied at charleroi airport are not in line with those that a private investor in a market economy would apply. (193) brussels airlines also considers that brussels airport is a good benchmark for assessing the discriminatory nature of the airport charges: both airports are located in the same catchment area and face the same economic environment. in addition, brussels airport can pass on its fixed costs to more airlines, which invalidates the argument that the fees applied by brussels airport are necessarily higher due to its size. a comparison reveals a major difference between the level of airport charges at brussels airport and at charleroi airport, even when taking into account the additional services provided at brussels airport due to differences in airline business models. 2. cost coverage (194) according to brussels airlines, bsca has not proven that, when the agreements in question (from 2001 and the subsequent amendments) were concluded, bsca was in a position to cover the costs arising from those agreements, for their entire term, while making a reasonable profit in the medium term. bsca has not therefore acted as a private investor in a market economy. (195) brussels airlines submits that bsca's profit margin is much lower than that of other eu airports. in 2006 and 2007, the average profit margin across a range of eu airports was between 7 % and 9 %. bsca/sowaer's profit margins, adjusted to take account of the subsidies, were clearly negative and therefore not in line with these margins, suggesting non-market-driven practices. (196) brussels airlines questions whether economies of scale can justify the 50 % reduction granted to ryanair on these fees. passenger fees, passenger with reduced mobility fees and ground handling fees appear to be non-existent or extremely low, although these are costs normally borne by airlines. (197) according to brussels airlines, the investment and operating costs that have not been borne by bsca must be taken into account when examining the aid granted to ryanair. (198) brussels airlines doubts whether bsca has accurately projected the airport's estimated revenues and costs over the entire term of the agreements with ryanair. (199) in return for the reduced fees, ryanair could not guarantee bsca a level of traffic generating income equivalent and proportional to the costs of the advantages granted to ryanair. (200) as a result, according to brussels airlines, the measures in question do not comply with the private investor in a market economy principle, are state aid and give ryanair a selective advantage. (ii) distortions of competition (201) brussels airlines submits that the aid measures have an adverse impact on airlines operating from brussels airport. the aid measures enable bsca to charge lower fees and thereby reduce the costs of airlines operating from charleroi airport. these airlines are able to undercut the prices of competitors operating from other airports. as a result, the european point-to-point market out of belgium has shifted towards charleroi airport. only charleroi has seen its traffic increase in this segment. the number of passengers using brussels airport has stagnated in recent years, whereas elsewhere in europe traffic has increased. in other words, according to brussels airlines, the increase in local traffic has been entirely to the benefit of charleroi airport. (202) brussels airlines reiterates that it is based at brussels airport and that the latter's catchment area almost entirely overlaps with that of charleroi airport. as a result, brussels airlines is in direct competition with ryanair: they operate in the same catchment area and attract the same customers. within the eu market, brussels airlines and ryanair offer the same type of service (point-to-point service) and serve the same destinations. sixty of the destinations served by brussels airlines are also served by ryanair. out of 46 destinations, brussels airlines is in competition with ryanair for 16 destinations from the same airport and for 12 destinations from an airport in the same catchment area. (203) the result of this situation is that brussels airlines has had to withdraw certain routes that are also served by ryanair (7 since 2007) and reduce the frequency of flights on other routes (for 14 destinations). between 2004 and 2012 brussels airlines' market share fell from [ ] % to [ ] %. its market share is continuing to fall to the benefit of charleroi airport, where the market share has risen from [ ] % to [ ] %. (b) incompatibility with the internal market. (204) according to brussels airlines, most of the aid granted to ryanair does not contribute to an objective of common interest. furthermore, the aid has been granted in such a way that it is distorting competition, which is harming common interests. brussels airlines therefore considers that the aid granted to ryanair is incompatible with the internal market. 4.2.12. bsca (comments received following the 2012 extension decision) (205) according to bsca, the commercial framework agreed with ryanair in no way involves aid being granted to ryanair. the results of this partnership clearly show the profitability of the business model. moreover, bsca argues that it manages its activities entirely independently, without any direct or indirect intervention by the walloon government, particularly in the negotiation of commercial contracts with airlines. 4.2.13. ryanair (206) ryanair submits that the agreements concluded between ryanair, bsca and the region do not contain any element of state aid for three reasons: the private investor in a market economy principle applies, there is no selectivity and the agreements do not distort competition. 4.2.14. tbi (207) according to tbi, the agreements concluded at charleroi airport are similar to the arrangements entered into by tbi with ryanair and other low-cost airlines, particularly at stockholm skavsta airport. granting discounts on landing fees and ground handling fees is a common business practice to attract airlines that can bring in a significant volume of passengers. the contributions made in terms of paying hotel, staff training or marketing costs must be compared against the investment made and the risk taken by the carrier. the marketing contributions benefit the airport as its image is improved and it sees an increase in the number of passengers. tbi offers this type of contribution, especially when an operator is establishing a new service or increasing the frequency of certain flights on a given route. 4.2.15. hrl morrison and co (208) according to hrl morrison, a private investor might adopt the approach taken by charleroi airport. it would base its offer on certain determining factors: the volume of passengers that an airline could bring to the airport; the airline's willingness to commit to the long term through contracts; the specific needs of the airline; the schedule of aircraft movements and its dovetailing with airport activities (existing traffic); and the needs in terms of terminal and ground handling resources. it would calculate the expected benefits of the agreement with ryanair as a whole (and not its component parts taken separately). the benefits of such a transaction should be envisaged over a period of around 20 years, with activities expected to take off after three to five years. with regard to a 15-year agreement, morrison's shareholders would regard this as commercially acceptable if a return on the investment could be made within around five years from the agreement being signed. 5. comments from belgium 5.1. comments from belgium on the measures granted to bsca 5.1.1. absence of state aid granted to bsca 5.1.1.1. comments from belgium following the 2012 extension decision (a) provision of the infrastructure by sowaer (i) main argument presented by belgium: the investment programme was approved by the walloon government prior to 12 december 2000 (209) according to belgium, the investment programme was decided by the walloon government in july 2000 and confirmed in november 2000, i.e. before the a roports de paris judgment (91) (hereinafter adp judgment). this judgment marks the date when the tfeu rules on state aid became applicable to the financing of airports. (210) the framework agreement of 20 july 2000, setting out the conditions for the development of regional airports and associated environmental measures, was the agreement reached within the walloon government through which the region undertook to allocate part of its budget to the development of its own infrastructure at charleroi airport. the decision of 8 november 2000 implemented the decision of 20 july 2000 by converting said framework agreement into a multiannual investment programme. both decisions must therefore be considered as a whole, as the second supplements and clarifies the first, particularly with regard to the concrete schedule for implementing the financial measures decided. 1. rebuttal of certain elements presented by the commission in the 2012 extension decision (a) on the question of the absence of commitment towards a third party (211) no third-party beneficiary was identified in these decisions, as the region's investments were intended for itself. according to belgium, the wording of these two decisions was therefore less formalistic than in a decision granting aid to a third party. in the case of aid granted to a third party, the region would have adopted the investment principle and amounts in the same way, without any additional procedure, except for sending a letter notifying the government decision, which was pointless in this case. (212) however, according to belgium, this lack of formalism did not mean that these decisions were not binding. although the region was the beneficiary of the decisions made, the adoption of a government decision creates a commitment on the part of the government. the fact that this commitment was unilateral was not peculiar to this case. in fact, any financial measure, regardless of its beneficiaries, is always decided through a unilateral administrative act of the granting authority, which controls the application, amendment or withdrawal of said act. (213) no formal letter granting aid was therefore sent to a beneficiary undertaking, even though the fleuren compost judgment (92) states that this is the act that must be regarded as the legally binding act through which the competent authority undertakes to grant the aid and that therefore marks the date of granting of the aid. in the absence of such a document, the only possible date is the date of the government decisions granting the investment (principle, amounts and schedule). (b) on the question of the irrevocable, firm and definitive nature of the 2000 decisions (214) belgium indicates that, according to the commission, the decisions of 20 july and 8 november 2000 were substantially amended at a later date and were not therefore irrevocable, firm and definitive. (215) according to belgium, a distinction must be made in this respect between decisions providing for new investments in new projects and decisions implementing investments decided previously, if necessary through certain adjustments. (216) in this case, belgium cites, as evidence that the decisions of july and november 2000 were binding and irrevocable, the fact that no new financing decision was subsequently adopted. the only decisions made subsequently by wallonia, and then by sowaer, were for the purpose of applying and implementing the financing measures in accordance with the government decisions of july and november 2000. (217) the subsequent adjustments to the investment amounts were not therefore new investment decisions, but the necessary adaptation, as a result of general developments in the situation, of what had already been agreed in july and november 2000. some of the amounts in the framework agreement and financing programme had to be subsequently reassessed, particularly due to the increased cost of raw materials, the refinement of the necessary investments as a result of technical studies, technical constraints associated with the granting of permissions and the result of organising public procurement. according to belgium, such budgetary or technical adjustments cannot be regarded as substantial amendments. (218) also, aware of the limitations when estimating such investments, the government had stipulated from the start that certain items (including the construction of a new terminal) might be reassessed according to the airport's actual activity or insofar as they were dependent on the airport's actual needs. as the airport's actual activity and needs inevitably evolved over the life of a framework agreement and investment programme covering several years, in belgium's opinion it was logical for the government to have calculated certain items subject to the constant change in these factors. (219) according to belgium, the government's desire to calculate and set its commitments from the start, albeit subject to subsequent refinements, was evident on the adoption of the framework agreement of 20 july 2000 and on the adoption of the investment programme of 8 november 2000. the adjustments subsequently made to these decisions cannot call into question the binding nature of the commitment made on these dates by the government. (220) in the alternative, if certain adjustments were to be regarded as so substantial that in reality they appeared to be new investments, and not the subsequent adaptation of an investment already granted, which is not the case, only this investment, taken in isolation, could be regarded as subsequent to the decisions of 20 july and 8 november 2000. (221) according to belgium, in order for the reassessment of this investment to result in its requalification as a new investment, the amendment made must apply not only to the extent, but also to the nature of the investment set. this amendment must be such as to allow it to be asserted that the project envisaged at the time of the july and november 2000 decisions could not in any way relate to the project specifically financed and implemented subsequently, regardless of legitimate developments in the general situation. therefore, for example, an additional investment, not justified by a subsequent change in the airport's actual needs, but decided for the purpose of providing additional infrastructures over and above those initially specified in july and november 2000, could be regarded, in relation to this addition only, as a new investment decided outside the 2000 framework agreement and investment programme. (222) in this case, although it appeared that certain items had been underestimated or were unfeasible within the time-limit allowed, all the investments made had in principle been stipulated by the decisions of july and november 2000. although the amounts were subsequently amended, this was due to new factors that could not have been anticipated or accurately determined at the time of the decisions. 2. belgium's arguments based on the assessment of the 2000 decisions (223) according to belgium, the assessment of the decisions of 20 july 2000 and 8 november 2000 confirms the legally binding nature of the commitments contained in those decisions. (a) decision of the walloon government of 20 july 2000 approving the framework agreement (224) the framework agreement and investment programme were genuine decisions, which imposed a binding commitment on the government. furthermore, the fact that this act was referred to as a framework agreement did not prevent the commission, in an earlier decision, from finding that this was a legally binding act and from using the date of signature of said act as the date when aid was granted (93). (225) according to belgium, the framework agreement of july 2000 went well beyond an agreement in principle, as it specifically covered the charging of the investments. it determined the appropriation items and also assessed the investment costs so that the expenditure could be immediately charged to the budget. (226) moreover, the government was careful to stipulate that an ad hoc financial mechanism should be put in place. this confirms that the government was already planning to create a new public body responsible for airport infrastructure. (227) confirming the implementation by sowaer of the government decisions of july and november 2000, the sowaer financial plan approved by the government on 23 may 2001 referred to the framework agreement of 20 july 2000, which removes any doubt about the commitments made by wallonia. (228) according to belgium, this method of working is not in fact material when compared to the principle of approving the investment programme, which is the fundamental issue in this case. the formation of sowaer was simply a way of implementing the decisions of july and november 2000, as it is purely wallonia's financial vehicle. although the specific financial mechanism for implementing the investments decided by the region may have been determined after the decisions of july and november 2000, the commitments of the walloon authorities were real and binding on the financial mechanism ultimately chosen. (b) decision of 8 november 2000 of the walloon government implementing the framework agreement of 20 july 2000 and approving the multiannual investment programme for brussels south charleroi airport (229) on 8 november 2000 the walloon government adopted a decision implementing its decision of 20 july 2000. through this decision, it approved the multiannual physical investment programme 2000-2004 for brussels south charleroi airport and associated financial plan. each investment described in the note approved by the government was assessed and its cost precisely determined. (230) in conclusion, according to belgium, the investment programme 2001-2010 for brussels south charleroi airport was clearly decided prior to 12 december 2000, which was the date of the adp judgment. (ii) argument presented by belgium in the alternative: the infrastructure financing complies with the private investor principle (231) in any event, according to belgium, the infrastructure financing for charleroi airport complies with the private investor principle. (232) in order to prove this, belgium has produced a table of cash flows for the investments in the new terminal and car park between 2002 and 2036 (94). out of these investment amounts, it has taken into account only 89,7 % of the investments for the car park and 28,1 % for the new terminal, on the basis that the other investments are for non-economic activities. furthermore, belgium has assumed that the public financing of services of general economic interest, and by extension the infrastructures used for these activities, are authorised by the european regulations on state aid. belgium therefore concludes that, aside from the compensation granted by the region to bsca to support some of the fees associated with the infrastructures used for the services of general interest, the rate of return on the financing of these infrastructures is close to 2 %. as a result, the infrastructure has not been placed at bsca's disposal for a price less than its value. (b) services provided by sowaer to bsca (233) belgium points out that a considerable part of the major repairs and maintenance cost relates to infrastructures used for non-economic activities. (c) financing of part of the cost of services of general interest by the region (234) in 1991 the principle of accounting separation in order to identify the costs covered by the compensation was laid down by article 25 of the schedule of conditions. (i) main argument: the financing of non-economic activities 1. fire protection service (235) according to belgium, fire protection services are non-economic activities as they fall within the public policy remit. 2. ground traffic safety services (236) according to belgium, ground traffic safety services also fall within the public policy remit. (237) belgium states that, when the commission made its decision on 23 july 2008 on leipzig/halle airport, it itself recognised that operational safety services were non-economic activities (95). it is clear from the list of operational safety infrastructures provided by the german authorities and reproduced in the table in recital 58 of that decision that these infrastructures are essential for ground traffic safety, i.e.: uninterruptible power supply for aprons, transformer stations, runway lighting, apron lighting, etc. for the record, this position taken by the commission was confirmed by the general court in the freistaat sachsen judgment (96) following an action for annulment brought against the aforementioned commission decision. (238) it is clear from the description given of the ground traffic and airport site safety services in amendment no 5 to the concession agreement of 9 july 1991 and the schedule of conditions concluded on 10 march 2006 that these costs, i.e. routine maintenance of the airport site for the purposes of safety, technical maintenance services for buildings, runways, surrounding areas and vehicle fleet, minor surfacing work, routine maintenance and repair of the runway and accesses, operational maintenance and servicing of the general lighting and runway lighting, mowing services, rubber removal from the runway and its markings, and snow clearance, do relate to the operational safety services accepted by the commission, in its decision on leipzig/halle airport, as non-economic activities. 3. security services (239) according to belgium, security services fall within the public policy remit as they are activities traditionally carried out by the state. belgium cites european regulations and the commission decision on leipzig/halle airport (97) in support of its reasoning. 4. flight tracking and recording, provisional flight planning and marshalling services (240) according to belgium, flight tracking and recording, provisional flight planning and marshalling services are essential parts of civil aviation safety and therefore fall within the public policy remit, given that they are fundamental components in the safety of an airport. 5. conclusions on the financing of the services of general interest provided by bsca at the request of wallonia (241) it is clear from the above that, in belgium's view, all the services of general interest defined by article 25 of the schedule of conditions and covered by compensation from the region to bsca are non-economic activities excluded from the scope of article 107(1) tfeu, in accordance with the commission's decision-making practice and european case-law. (242) belgium stresses that these services were previously provided by the walloon administration, i.e. before 1991 for the fire and maintenance services and before 2008 for the security, flight tracking and recording, provisional flight planning and marshalling services. (243) by providing these services, bsca has simply taken over the obligations imposed on the public authorities under international obligations resulting from the icao standards or in accordance with european regulations. (ii) in the alternative: financing of economic activities of general interest in accordance with the altmark judgment (244) according to belgium, if the commission were to consider that some of the aforementioned activities are economic activities, it should note that these are financed through compensation that does not constitute aid, based on the criteria set out by the altmark judgment (98). in fact, this compensation complies with the criteria established by the altmark judgment, which therefore allows the existence of state aid to be ruled out. 1. existence of clearly defined public service obligations (245) according to belgium, the activities in question, which involve the safety and security of civil aviation and airport activities, pursue an aim of general interest. article 25 of the schedule of conditions annexed to the concession agreement of 9 july 1991 defines the obligations incumbent on bsca in the context of the safety and security tasks. this provision stipulates that these services are to be provided by the concession-holder in the general interest. it is clear from this provision that wallonia has entrusted the concession-holder with the provision of these services and that it has given the latter a mandate in this respect. 2. compensation parameters defined in an objective and transparent manner (246) the compensation parameters are defined in an objective and transparent manner by article 25 of the schedule of conditions, which provides for a separate operating account to be kept by bsca for the activities covered by this article. (247) for those costs that are not wholly attributable to a service of general interest, a proportional allocation is made based on the percentage of staff assigned to the service of general interest, on the percentage of the surface area assigned to such services or on other objective criteria that must be authorised by the region. (248) since 2006 for those items connected with the fire and maintenance services and since 2010 for the security, navigation office and marshalling services, the compensation has been capped at an amount specified in article 25 of the schedule of conditions, subject to indexation. in any event, the compensation amount cannot exceed the costs actually incurred by bsca for these services. (249) as a result, compensation parameters have been defined in advance and in detail, which therefore satisfies the second criterion of the altmark judgment. 3. limitation of the compensation to the costs incurred (250) according to belgium, various mechanisms have been used to avoid overcompensation: before the compensation was capped, the precise definition of the costs assumed by wallonia and the accounting separation principle enabled any overcompensation to be avoided. furthermore, an audit mechanism was established to check, on the one hand, the budget presented by bsca and, on the other hand, the absence of any overcompensation after the compensation was released. since 2006 the compensation amount received for fire protection and ground traffic and airport site safety services has not been able to exceed eur 5 774 000, indexed annually. the compensation granted for security, navigation office and marshalling services has been capped since 2010 at an amount equivalent to the cost of these services in 2009, indexed annually. (251) in addition, article 25 provides that the amount received may never exceed the costs actually incurred, and that, if overcompensation occurs, a budgetary compensation mechanism will be automatically applied to the budget for the following year. for the record, a budget is prepared in advance by bsca and checked by the walloon administration. the latter also carries out on-the-spot checks every year to ensure that bsca is complying with the provisions of article 25 of the schedule of conditions. 4. comparison with a similar well-run and adequately equipped undertaking (252) according to belgium, no comparison between bsca and a similar well-run and adequately equipped undertaking is necessary because bsca is quite clearly a well-run and adequately equipped undertaking. (253) bsca complies with the applicable international and accounting standards and all the ratios indicated in the communication from the commission of 20 december 2011 on the application of the european union state aid rules to compensation granted for the provision of services of general economic interest prove that this company is efficiently managed. this fact also enabled bsca to attract private investors in 2009 during its partial privatisation. (254) the fact that bsca is a well-run and adequately equipped undertaking can mainly be seen from the constant progress made in its financial results since 2000. whereas in 2000 bsca recorded a turnover of eur 7 578 000, in 2010 this figure had reached eur 81 387 000. it is also evident that, if bsca were not a well-run and adequately equipped undertaking, charleroi airport would not have seen the remarkable progress made in its passenger volume between 1997 and 2011 (from 211 065 passengers to 5 901 007 passengers). (255) lastly, it is clear from the financing mechanism put in place that, by definition, the compensation paid to bsca is less than the market price of all the services entrusted to it, insofar as this compensation was capped in 2006 for the fire and ground traffic and airport site safety services and in 2010 for the security services. (d) bsca's capital increase carried out by sowaer in 2002 (256) according to belgium, the commission never expressed any reservations about bsca's capital increase until the 2012 extension decision. on the contrary, it explicitly recognised that this operation was carried out in accordance with the private investor principle (see recital 132 of the 2004 decision). (257) the most recent figures prove that bsca has generated profits allowing eur 6 505 595 to be distributed among its public and private shareholders in 2010 alone. the results for the last five years are given in the following table. income statements (in eur million) 2011 2010 2009 2008 2007 sales and services 53 618 48 533 35 434 27 002 19 543 profit for the year 11 310 9 994 4 445 1 915 1 968 return on capital 6 815 6 506 387 387 387 (258) the capital increase carried out by sowaer presents an internal rate of return (irr) of 26,09 %, which is similar to the estimate made by deloitte & touche in 2003, thus confirming the credibility of this analysis. given the above, it must be accepted that this investment would undoubtedly have been made by a private investor. (259) the commission's assessment of the capital increase, according to which these doubts are reinforced by the finding that bsca has not borne the cost of the infrastructures placed at its disposal or the various services provided by sowaer, is also marred by an error of law. the commission should individually apply, to each form of intervention, the necessary criteria for assessing their respective regularity and determining, for each intervention, whether aid exists and, if so, whether or not this aid is compatible with the internal market. the philosophy of a capital increase in bsca in fact differs from the objective of providing airport infrastructure, particularly given the context at the time. the commission cannot therefore group both types of intervention together in order to determine the overall profitability. 5.1.1.2. comments from belgium following the comments from third parties on the absence of aid to bsca received after the 2012 extension decision (a) concession fee paid by bsca (260) in reply to bac's comments on the fees paid by bsca for the use of the infrastructure, belgium indicates that some of the fees mentioned by bac are not relevant to charleroi, in particular: the slot coordination fee in the absence of congestion at charleroi airport, the terminal navigation charge, which is not imposed on regional airports with a number of commercial flight movements below 50 000. (261) furthermore, according to belgium and contrary to bac's assertion, a fee for the centralised infrastructure is charged by bsca, as infrastructure manager, to the ground handling companies, including bsca as handler. this fee is included in the contract between bsca and ryanair. (262) the fee imposed by the federal administration of eur 0,18 per departing passenger is the responsibility of the federal state and not bsca. (263) the prm fee is based on the actual costs incurred by bsca. in this respect, according to belgium, the size of the infrastructure at charleroi airport simply needs to be compared with that at brussels airport to realise that the management of this service provided to passengers with reduced mobility involves lower costs at charleroi than at brussels, if only in terms of the distance to be covered in order to reach the aircraft or leave the terminal. (264) in addition, belgium confirms that it is correct that bsca does not currently impose any security fee. this task falling within the public policy remit is the subject of compensation from wallonia, but this compensation has been capped under the concession agreement between bsca and wallonia and any costs above this cap are payable by bsca. however, bsca is under no obligation to pass on these costs to passengers through a fee. (265) with regard to the aircraft parking fees, according to belgium, the figure given in the table provided by bac is incorrect as it indicates that there are no parking fees at charleroi airport, which is wrong because the charges published on the bsca website clearly indicate the existence of such fees set at eur 1,98 per day (24 hours) and per tonne. (b) financing of services of general interest (266) several of the third parties having submitted comments, in particular brussels airlines and bac, have remarked on the financing of the services of general interest provided by bsca to wallonia. they question whether some of the services provided by bsca, namely safety, security, fire protection, and ground traffic and airport site safety services, can be regarded as activities excluded from the scope of article 107(1) tfeu. (i) comment on the comparison between charleroi airport and bac (267) brussels airlines and bac assert that, at brussels airport, the cost of these various services is not borne by the competent public authorities, in this case the federal state, from which they seem to deduce that charleroi airport is receiving state aid. (268) in this respect, it should be noted that belgian airports do not all come under the same public authority, as regional airports come under the region in which they are situated, whilst brussels airport is the responsibility of the federal state (99). the responsibility of each authority for the airports entrusted to it was clearly set out when the management of airports (excluding brussels airport) was regionalised through the cooperation agreement between the belgian state, acting for the soci t nationale des voies a riennes (s.n.v.a.) (100), and the regions (101). this agreement unequivocally states that from the date when said act enters into force, the regions shall be completely responsible for the activities transferred to them. from that date, they shall be authorised to adopt all appropriate measures, for which they shall therefore assume complete responsibility. (269) charleroi airport is therefore governed by the regulations of wallonia, whilst brussels airport is regulated by the federal state. in this case, under its regulatory power, the region has chosen to finance part of the cost of certain services. the fact that identical services are, in one case, borne by a public authority and, in another case, borne by the operator does not, however, have any impact on their qualification as economic or non-economic activities. (270) in the flemish region, for that matter, some of the services in question are directly provided by the regional administration and are therefore borne directly by the region. this is particularly the case with all the costs of airport safety and security services at anvers and ostend airports, regardless of the volume of traffic at these airports. (ii) fire protection services (271) with specific regard to the fire protection services, brussels airlines asserts that other undertakings based in wallonia and subject to the seveso directive (102) must bear the cost of their fire protection service, such as total, which is based in feluy, and that, at brussels airport, these services are not financed by the flemish region/federal state. (272) according to belgium, this comparison with undertakings subject to obligations under the seveso directive is irrelevant as it is clear from the wording of that directive that member states are required to ensure that undertakings falling within its scope (103) themselves take measures to prevent fire. by contrast, the obligation to organise fire protection services at airports is imposed directly on member states by an international convention adopted by the international civil aviation organisation. (273) furthermore, both the european commission and the general court have confirmed that fire protection services are public authority activities that may be excluded from the scope of article 107(1) tfeu. (iii) ground traffic and airport site safety services (274) brussels airlines also questions the qualification as non-economic activities of the maintenance services that correspond in this case to ground traffic and airport site safety. in this respect, brussels airlines simply stresses that such services form part of the management of an airport and are therefore economic activities. (275) the fact that the management of an airport constitutes an economic activity is already well-established. however, certain activities are excluded from the scope of article 107(1) tfeu because they fall within the public policy remit or they are by nature non-economic, even if, as highlighted by brussels airlines, they are essential to the management of an airport. it is therefore clear, for example, that the management of an airport (economic activity) implies providing a customs service to check the identity of passengers, although it should be noted that such a service is one of the tasks traditionally reserved to the state and is therefore a non-economic activity. consequently, the fact that ground traffic and airport site safety services are essential to the management of an airport is not sufficient to deprive them of their non-economic nature. (276) as noted by the commission in its aforementioned decision on leipzig/halle airport: in the present case certain costs fall within the public policy remit. these costs relate to security and police functions, fire and public safety measures, operational safety, german weather service and german air traffic control (104). in its comments following the 2012 decision extending the formal investigation procedure, belgium reiterated that it is clear from this same decision that operational safety activities cover everything needed in terms of ground traffic and airport site safety, namely power supply, runway lighting, apron lighting, etc. it is precisely the maintenance of these various functions that is the issue here. (iv) general safety and security services (277) lastly, brussels airlines questions the qualification of general safety and security services as non-economic. in this case, it would seem that brussels airlines has included flight tracking and recording, flight planning and marshalling services among safety services. (278) brussels airlines more specifically questions whether flight tracking and recording, flight planning and marshalling services are covered by regulation (ec) no 2320/2002 of the european parliament and of the council (105), which means the combination of measures and human and natural resources intended to safeguard civil aviation against acts of unlawful interference. (279) however, the walloon authorities have never regarded flight tracking and recording, flight planning and marshalling services as activities connected with airport security. they consider, in fact, that these activities are essential to the safety of an airport and refer, in this respect, to the explanations provided in their reply to the decision opening the formal investigation procedure. (280) with regard to bac's comment that airlines operating out of brussels airport must pay a fee for the flight tracking, recording and planning services provided by belgocontrol, this again is an argument based on the source of financing of a service, which is not sufficient to qualify said service as non-economic. (281) belgium also observes that the provision of certain services by belgocontrol, free of charge, within regional airports was decided in the aforementioned 1989 cooperation agreement, which stipulated that the regions may have recourse, free of charge, to the assistance provided by the central services of the [s.n.v.a.] in terms of applying the international standards and recommendations on civil aviation (106). this free provision is limited to the level of activity of the walloon airports in 1989, with all services exceeding this level of activity being covered by wallonia. (282) it is clear from both the 2005 aviation guidelines and the eu regulations on air navigation services that these services are non-economic activities, which are therefore excluded from the scope of article 107(1) tfeu. this is actually one of the ways of regionalising the management of airports other than brussels airport. (283) according to belgium, it follows from the above that none of the comments made by brussels airlines and bac calls into question the fact that fire protection, ground traffic and airport site safety, security, flight tracking and recording, flight planning and marshalling services constitute non-economic activities. 5.1.1.3. comments from belgium following the comments from third parties received after the publication of the new aviation guidelines (284) belgium has particularly made comments on the impact on competition of the measures granted to bsca following the comments from third parties received after the publication of the new aviation guidelines. (285) the third parties (bac and brussels airlines) are of the opinion that the aid has enabled bsca to apply artificially low fees and that there is therefore a significant difference between the fees of bsca and those of other airports. this practice has allegedly resulted in the reduced volume of passengers at brussels airport. (286) belgium disputes certain figures provided by brussels airlines. for example, as regards the comparison of the fees charged by bac and bsca, belgium stresses that brussels airlines includes fees that do not apply to airlines but to ground handling services. the table provided by brussels airlines allegedly does not include similar costs charged by bsca. the same applies to other costs imposed by the federal state. (287) belgium raises the same concerns about the tables comparing the various airports. accordingly, in the passenger charges or fee column for marseille provence airport, brussels airlines includes a fee of eur 13,47, which actually corresponds, in belgium's opinion, to a security charge imposed by the state and not to a passenger fee within the meaning of airport fees. (288) as regards the lack of any impact on trade, belgium refers the commission to its comments of 23 may 2012 and to its communication of 12 december 2012 on the differences between brussels airport and charleroi airport. (289) in terms of the negative impact on airlines based at brussels airport, belgium highlights a number of points: brussels airlines has allegedly withdrawn certain destinations such as palermo, cracow and seville. this statement is true, but it fails to take into account that these destinations have subsequently been reintroduced in 2014. although bac states that flights to nador and tangier (morocco) from brussels airport have been reduced due to jetairfly serving the same destinations from charleroi airport, belgium points out that the airline air arabia also flies to these destinations from brussels airport. with regard to flights to istanbul, belgium highlights that brussels airport has increased the frequency of flights to this destination following the transfer of the airline pegasus to charleroi airport, which serves turkey. lastly, belgium stresses that charleroi airport has also seen the frequency of certain flights reduce or certain destinations be withdrawn due to the transfer of certain flights by airlines to brussels airport. for example, charleroi airport has lost three flights per week to casablanca, to the benefit of brussels airport, due to these flights being transferred by the airline air arabia to brussels airport. (290) belgium notes that ryanair has recently established a base at brussels airport, which proves that the high level of fees has not prevented it from going ahead with this new development. however, belgium reasserts that competition between charleroi airport and brussels airport is limited, and to very specific segments, i.e. charter and low-cost. (291) moreover, belgium disputes that only bsca's commercial strategy in terms of its fees can explain the success of charleroi airport. in its view, this claim ignores reality, which has seen the emergence of an entirely new low-cost market meeting a new demand. in this respect, wallonia points out that, some years ago, 40 % of passengers at charleroi airport were flying for the first time, which proves that they have not been stolen from brussels airport. 5.1.2. compatibility of the aid granted to bsca 5.1.2.1. comments from belgium on the compatibility of the measures granted to bsca, assessed on the basis of the aviation guidelines (292) according to belgium (107), if, somehow, the commission were to consider that bsca has benefited from aid, this aid should be qualified as operating aid, which can be authorised under the aviation guidelines. the conditions to be met in order for such aid to be authorised, as indicated in paragraph 137 of the aviation guidelines, are contribution to a well-defined objective of common interest, need for state intervention, appropriateness of state aid as a policy instrument, existence of incentive effect, proportionality of the aid amount and absence of negative effects on competition. (a) contribution to an objective of common interest (293) airport development in the walloon region formed part of a comprehensive economic and social development strategy of the regions concerned, which was implemented in 1989. wallonia has supplied various documents and studies confirming the pursuit of this objective. (294) in addition, as highlighted by the studies ordered by the region and bsca in 2000 and 2001, brussels airport was at saturation point at that time and charleroi airport was therefore in a position to contribute to the objective of tackling congestion. (295) furthermore, it is clear from the various studies conducted at the request of the region and bsca that real demand existed for charleroi airport in the low-cost segments. this demand has been confirmed in practice by its success, and it was therefore justified to develop charleroi airport given the density of its catchment area, which is heavily populated and located at the centre of europe. (296) the development of charleroi airport has proven that this was not a case of financing unprofitable activities, as the airport became profitable in 2004. bsca's business plan drawn up in 2001 forecast a return to profitability in 2005, i.e. a year later, which is testament to the prudent and reasonable nature of this plan. (297) according to belgium, if the parallel development of passenger traffic at brussels airport and charleroi airport is examined, it can be concluded that any impact from charleroi on brussels has been marginal. the brake on development at brussels airport was caused by the failure of sabena in november 2001 and not by the concomitant development of charleroi airport. as a reminder, a study carried out by bsca in 2010 showed that 40 % of these passengers were flying for the first time, which proves that a significant part of the passenger volume has not been stolen from brussels airport. in addition, another significant part of the passenger volume consists of city trippers, who decide to take short-haul flights that they would not have taken in the absence of attractive fares. until recently brussels airport had seen little or no development in the low-cost segment. accordingly, easyjet launched its first destinations from brussels airport during 2007. (b) need for state intervention (298) any aid that may be identified by the commission was certainly necessary to meet this objective of economic and regional development. (c) appropriateness of state aid (299) funding the costs of the general interest tasks entrusted by the region to bsca was the most appropriate way of achieving the aforementioned objective of common interest. there were no other policy instruments or aid instruments that could have achieved this objective. (d) incentive effect (300) an incentive effect also exists because, in the absence of this funding, it would not have been possible to develop the airport's activities or achieve this volume level, which has resulted in improved mobility of european citizens and economic and regional development due to the airport's activities. belgium refers the commission to the number of passengers handled by bsca over the period in question. as a reminder, during that period charleroi airport was a category d airport with no possibility of distorting competition. the funding is also in line with the objectives of the aviation guidelines, namely ensuring the long-term profitability of regional airports. (e) proportionality of the aid amount (301) lastly, the aid amount is proportional. as a reminder, the compensation granted for the general interest tasks, as stipulated in article 25 of the schedule of conditions annexed to the concession agreement between the region and bsca, is capped so that, if this cap is exceeded, which is the case with the part of the compensation for fire protection and ground traffic safety services, the costs must be covered by bsca. any aid granted in terms of the provision of services by sowaer involves a marginal amount. (302) given the limited amount of the aid in the context of this compensation for the services of general interest that may be called into question by the commission and also the objective of these services, it must be considered that this proportionality condition is met. (f) absence of negative effects on competition (303) as regards the absence or avoidance of negative effects on competition, the commission must refer back to the time when the public financing was granted in order to assess this condition. it cannot be considered that, at that time, there was any undue impact on competition. as proven to the commission, charleroi airport has not been developed at the expense of other airports. its activities stem from the creation of a new market in a specific segment that was not being developed at all or only to a very limited extent at brussels airport. (304) for the record, two studies carried out by independent experts, roland berger international management consultant and gtm, revealed the imminent saturation of brussels airport and the lack of any overlap in terms of customers between the two airports. at the time the airlines operating at brussels airport had no interest in charleroi airport, whilst ryanair, the main user of charleroi airport, had no plans to base itself at the main airports. (305) furthermore, the region's framework agreement of 20 july 2000, as extended by the decision of 8 november 2000, contained the objective of implementing a policy allowing efficient collaboration with the managers of brussels airport (108). (306) in addition, charleroi airport was at a disadvantage due to the regulatory constraints on its opening hours. in 2000 the airport could open between 07:00 and 22:00. these hours were slightly altered to 06:30 and 23:00 in order to accommodate the aircraft based at the airport. (307) furthermore, in 2000 charleroi airport had a very poor image, as confirmed by the gtm and roland berger studies. the infrastructure was cramped, limited and little-used. the airport offered only one scheduled service and a number of charter flights in the summer. it cannot be considered that at the time charleroi airport was in a position to compete with brussels airport. (308) lastly, brussels airport was at an advantage in terms of infrastructure (several terminals, several runways, etc.) and accessibility due to its location close to the capital and the rail link that charleroi airport lacked. 5.1.2.2. comments from belgium on the compatibility of the provision of infrastructure, assessed on the basis of article 106(2) tfeu (309) these comments concern the compatibility: of the provision of infrastructure, assessed on the basis of the 2005 aviation guidelines (the latter having been replaced by the 2014 aviation guidelines), of the financing of part of the costs of the services of general interest, assessed on the basis of article 106(2) tfeu. (310) with regard to the compatibility of the financing of part of the costs of the services of general interest, assessed on the basis of article 106(2) tfeu, belgium submits that this financing complies: with article 106(2) tfeu for the period prior to 19 december 2005, with the commission decision of 28 november 2005 for the period from 19 december 2005 to 31 january 2012, with the framework of 20 december 2011 for the period after 31 january 2012. (311) according to belgium, if the commission considered that the criteria of the altmark judgment were not all met, then it would be necessary to authorise the compensation of services of general interest based on the decision of 28 november 2005 (109). (312) with regard to the measures granted prior to 19 december 2005, i.e. before the decision of 28 november 2005 entered into force, their compatibility is directly based on article 106(2) tfeu. it is clear from the commission's decision-making practice (110) that the conditions of article 106(2) tfeu are combined with those of the decision of 28 november 2005 on the application of article 86(2) of the ec treaty to state aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (111). the measures granted prior to 19 december 2005 can therefore be assessed for compatibility together with those granted subsequently in accordance with article 106(2) tfeu, using the same basic criteria as set out by the decision of 28 november 2005. (313) with regard to the measures granted since 19 december 2005, they fall within the scope of the decision of 28 november 2005 where they correspond to public service compensation granted to undertakings with an average annual turnover before tax of less than eur 100 million during the two financial years preceding that in which the service of general economic interest was assigned, which receive annual compensation for the service in question of less than eur 30 million (112). however, at no time has bsca had an annual turnover in excess of eur 100 million. furthermore, according to belgium, it is evident that the compensation for any services of general interest that may be qualified as economic by the commission would be far from reaching the threshold of eur 30 million. as a result, this compensation clearly falls within the scope of the decision of 28 november 2005. (314) based on the decision of 28 november 2005, measures falling within its scope are compatible where they meet the following criteria. (a) mandate (315) belgium considers that it proved the existence of public service obligations when it established that the first criterion of the altmark judgment was met (see section 5.1.1.1(c)(ii)). moreover, according to belgium, the parameters for calculating the compensation and the methods used to prevent any overcompensation were explained when belgium proved that the third and fourth criteria of the altmark judgment were met. (b) compensation (316) belgium notes that wallonia's intervention has been capped since 2006 with regard to the fire protection and ground traffic and airport site safety services and since 2010 with regard to the security, navigation office and marshalling services. the cost accounting system put in place by bsca enables compliance with this criterion to be proven. (c) accounting separation (317) according to belgium, accounting separation is guaranteed by the application of article 25 of the schedule of conditions, which provides that the concession-holder shall keep a separate operating account for the services. this account may be subject at any time to on-the-spot checks by the concession authority. this is also confirmed by the document in annex 8. (d) checks for overcompensation (318) wallonia has the right to check, at any time, bsca's accounts for the services of general interest, under article 25 of the schedule of conditions. accordingly, every year the walloon administration conducts an on-the-spot check to examine the evidence underlying the declaration of claim submitted by bsca in order to obtain the compensation for the services of general interest. (e) conclusion (319) it follows from the above that the financing of the services of general interest that may be qualified as economic by the commission can be declared compatible with the internal market based on the decision of 28 november 2005. 5.2. comments from belgium on the measures granted to ryanair (320) following the 2002 opening decision and the 2012 extension decision, belgium submitted comments aimed at proving that the measures granted to ryanair, as examined in the present decision, do not constitute state aid. 5.3. comments from belgium on the limitation period (321) according to the comments submitted by belgium following the adoption of the 2012 extension decision, even if the financing of the services of general interest is regarded as constituting state aid, this benefits from the limitation period laid down by article 15 of council regulation (ec) no 659/1999 (113) (hereinafter procedural regulation). (322) under this provision, the limitation period begins on the day on which the unlawful aid is awarded to the beneficiary. in accordance with eu regulations (114) and the commission's decision-making practice (115), the commission must assess a measure according to the rules applicable at the moment the aid is awarded, that is, the moment of the legally binding act on the basis of which the beneficiary acquires the right to receive the aid. eu case-law confirms that the date of award of the aid corresponds to the date of the legally binding act by which the competent [national] authorities undertake to grant aid (116). the legal act becomes binding on the date when, under national law, the state is obliged to meet its commitment based on the act in question. prior to that, there is simply a declaration of intention (117). (323) it follows from the above that the date when the compensation for the services of general interest provided by bsca was granted is 9 july 1991, i.e. the date of the concession agreement and schedule of conditions forming the legal basis of this compensation binding the region. since that date, notwithstanding the adoption of various provisions without any impact on the principle of compulsory reimbursement by the region of this expenditure, wallonia has been responsible for paying this compensation. only a few non-economic services set out in amendment no 6 of 15 january 2008 are apparently not covered by this limitation period. the starting point of the 10-year limitation period is therefore 9 july 1991. (324) no commission measure regarding the compensation received for the services of general interest provided by bsca, as required by article 15 of the procedural regulation, interrupted the 10-year limitation period, which therefore expired in july 2001. despite this compensation not being formalised in the agreement for the 2000-2001 period, the parties, i.e. wallonia and bsca, always intended to maintain this compensation for an indefinite period. this intention was confirmed by the funding of these costs for said period and was stipulated in the 2002 amendment, such that the starting point of the limitation period has not been called into question. (325) only the commission letter of 24 april 2002, which in particular contains questions on bsca's financing and might therefore indirectly concern the funding of the costs of the services of general interest, could have interrupted the limitation period. detailed explanations were provided by the walloon authorities following this request, but the commission did not at any time question the legality of this financing. (326) it follows from the above that, even if the compensation paid for the services of general interest is regarded as state aid, which it is not, the commission's powers to recover the aid are limited under article 15 of the procedural regulation. 5.4. comments from belgium on the infringement of legitimate expectations (327) following the 2012 extension decision, belgium submitted comments on the application of the principle of legitimate expectations to the subsidy paid by the region for certain services associated with the airport activities. (328) in accordance with the case-law of the court of justice on state aid, the commission is required to take into consideration on its own initiative the exceptional circumstances that provide justification, pursuant to article 14(1) of the procedural regulation, for it to refrain from ordering the recovery of unlawfully granted aid where such recovery is contrary to a general principle of community law, such as respect for the legitimate expectation of beneficiaries. (329) as summarised by advocate general philippe l ger, the infringement of this principle is recognised when the three following conditions are satisfied: first of all, there must be an act or conduct on the part of the community administration capable of having given rise to such an expectation next, the person concerned must not be able to foresee the change to the pattern of conduct previously adopted by the community administration lastly, the community interest which the contested measure seeks to achieve must not justify the infringement of the legitimate expectation of the party concerned. (330) according to belgium, particularly as regards the subsidy paid by the region for certain services associated with the airport activities, the three conditions cited in the preceding recital are satisfied. (331) the commission examined the subsidy paid by the region for certain services associated with the airport activities during the first investigation and did not raise any objections in this respect in its 2004 decision. in that decision, the commission expressly stated that it does not dispute the legitimate possibility of the walloon authorities continuing to bear the cost of the fire and maintenance services (118). the maintenance services provided by bsca at that time were defined as follows: the concession-holder must provide, in the context of the service concession, maintenance for the land, buildings, equipment and structures included in the concession and placed at its disposal, so that they are always suitable for the use for which they are intended. in the same respect, in recital 352 of the same decision, the commission stated that some of the financial burdens of these airports, whether they are private or public, are, however, often covered by public service compensation relating to safety or security tasks, or by other contributions to the costs of activities that would not be economically viable in themselves but that are necessary to the operation of these platforms. this may be the case with air traffic control, police or fire fighting services, etc. (332) belgium also stresses that the annulment by the general court in no way related to this aspect of the 2004 decision. (333) it therefore concludes that the three conditions set out in recital 329 are satisfied. (334) firstly, the decision made in 2004 by the commission and the lack of censure by the general court on this point have previously created a situation which could give rise to such an expectation. according to belgium, bsca has received precise assurances that the funding of the costs of the services of general interest was not likely to constitute state aid, given the lack of any complaint on this point in the 2004 decision. this legitimate expectation is further reinforced by the settled decision-making practice of the commission on this issue, in particular the distinction between economic activities and non-economic activities, as reiterated in particular in the decision on leipzig/halle airport. (335) secondly, bsca was not able to foresee the change to the pattern of conduct previously adopted by the community administration. according to belgium, there was nothing to indicate to bsca that the commission was going to re-examine, in 2012, a measure on which it had not expressed any reservations in 2004, and which the general court did not question in 2008. (336) thirdly, the community interest does not prevail over that of bsca in seeing the situation maintained that it might legitimately have assumed to be a stable one. according to belgium, bsca would suffer considerable harm from a commission decision ordering recovery of the subsidies received by bsca in return for providing the services of general interest. (337) in conclusion, belgium considers that this financial compensation, which is vital to ensure the safety and security of the airport site and activities, has been maintained and extended since the 2004 decision, particularly due to the legitimate expectation arising from the commission's position that the financing of the services of general interest did not constitute state aid within the meaning of article 107 tfeu. given the legitimate expectation created by the commission in the mind of bsca, even if the commission were to consider that the subsidies in question constitute state aid, it could not order their recovery, pursuant to article 15 of the procedural regulation. 6. assessment of the measures (338) under article 107(1) tfeu, any aid granted by a member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, insofar as it affects trade between member states, be incompatible with the internal market. (339) a measure is therefore qualified as state aid where all the following conditions are met: (1) the beneficiary or beneficiaries is or are undertakings within the meaning of article 107(1) tfeu; (2) the measure provides a selective advantage to its beneficiary; (3) the measure is financed by state resources and is imputable to the state; and (4) the measure distorts or threatens to distort competition and may affect trade between member states. (340) in this chapter, the commission assesses whether the measures described in chapter 3 may constitute aid to bsca and/or ryanair, and then considers whether the aid identified is compatible with the internal market and whether the limitation period and principle of legitimate expectations apply. 6.1. existence of state aid granted to bsca 6.1.1. definition of undertaking within the meaning of article 107 tfeu (341) under article 107(1) tfeu, in order to be regarded as state aid, a measure must favour certain undertakings or the production of certain goods. (342) the court of justice has consistently defined undertakings as any entity engaged in an economic activity, regardless of the legal status of the entity or the way in which it is financed (119). moreover, the court has consistently held that an economic activity is any activity consisting in offering goods and services on a given market. (120). (343) in its adp judgment, the court of first instance concluded that the operation of an airport, which consists in providing airport facilities to airlines, is an economic activity. (344) in its leipzig-halle airport judgment (121), the court confirmed that the operation of an airport in return for payment constitutes an economic activity, from which the activity consisting in the construction of airport infrastructure cannot be dissociated (122). where an airport operator engages in economic activities, regardless of its legal status or the way in which it is financed, it constitutes an undertaking within the meaning of article 107(1) tfeu and therefore falls within the scope of the tfeu rules on state aid (123). the court also confirmed that, unlike their effects, the regional, economic or transport policy objectives pursued by the construction or extension of airport infrastructure were not relevant when determining whether an economic activity existed. (345) the question of whether there is a market for given services can depend on how those services are organised in the member state concerned (124). the state aid rules apply only where a given activity is carried out in a commercial environment. the economic nature of given services can therefore vary from one member state to another. in addition, the qualification of a given service can alter over time depending on policy choices or economic developments. (346) as a result, prior to the adp judgment, the commission's consistent practice was to consider that the activity of developing and managing airport infrastructure did not constitute an economic activity falling within the scope of article 107(1) tfeu (125). following the adp judgment, the commission decided that, due to the gradual liberalisation of the market, this activity had become an economic activity. this is also clarified by the aviation guidelines (126) in points 28 and 29: from the date of the judgment in a roports de paris (12 december 2000), the operation and construction of airport infrastructure must be considered as falling within the ambit of state aid control. conversely, due to the uncertainty that existed prior to the judgment in a roports de paris, public authorities could legitimately consider that the financing of airport infrastructure did not constitute state aid and, accordingly, that such measures did not need to be notified to the commission. it follows that the commission cannot now bring into question, on the basis of state aid rules, financing measures granted before the a roports de paris judgment. (347) it should therefore be determined whether the measures granted to bsca for the operation and construction of airport infrastructure were granted before or after 12 december 2000, which was the date of the adp judgment. (348) in addition, even after the adp judgment, as highlighted by points 34 and 35 of the aviation guidelines, not all the activities of an airport operator are necessarily regarded as economic in nature. the court of justice has therefore confirmed that activities that normally fall under state responsibility in the exercise of its official powers as a public authority are not economic in nature (127). at an airport, activities such as air traffic control, police, customs, firefighting, measures designed to protect civil aviation from acts of unlawful interference, and investment in the infrastructure and equipment needed for such activities are regarded, as a general rule, as not being economic in nature. (349) in conclusion, the measures granted to bsca after 12 december 2000 must be identified and those measures granted for activities normally falling under state responsibility in the exercise of its official powers as a public authority must be excluded. 6.1.1.1. land and infrastructure of charleroi airport placed at the disposal of bsca, including infrastructure constructed under the investment programme, and provision of certain services, particularly major repairs, in return for a concession fee (350) in this section, the commission examines: whether the measure, including new infrastructure constructed under the investment programme being placed at the disposal of bsca, was granted before the adp judgment, which investments and which services provided by sowaer must be excluded from the examination due to being non-economic in nature. (a) was the measure, including new infrastructure constructed under the investment programme being placed at the disposal of bsca, granted before the adp judgment? (351) as highlighted in recital 344 et seq., the construction of airport infrastructure cannot in principle be dissociated from the economic activity of operating the airport platform. (352) with regard to the construction of infrastructure at charleroi airport, which was included in the multiannual investment programme, the belgian authorities consider, however, that this investment programme was decided prior to 12 december 2000, which was the date of the adp judgment. belgium's arguments, set out in section 5.1.1.1(a)(i), essentially aim to refute the scope and accuracy of the preliminary arguments given by the commission in the 2012 extension decision, according to which the framework agreement of 20 july 2000 and the decision of the walloon government of 8 november 2000 (hereinafter the 2000 decisions) do not impose any commitment on the region with regard to a third party and are not irrevocable, firm and definitive in nature. (353) however, the commission takes the view, for the reasons given below, that the decision to place the infrastructure at bsca's disposal, including new infrastructure decided and constructed under the investment programme, and to provide certain services in return for a fee did not stem from the 2000 decisions, but from the 2002 agreement between sowaer and bsca. (354) the relevant criterion for the date at which a possible aid measure is deemed to have been granted is the date of the legally binding act by which public authorities undertake to award the measure at stake to its beneficiary (128). (355) in the present case, the commission takes the view that: the beneficiary of the possible aid measure is bsca, the public authorities having granted the aid measure are the region and/or sowaer. as indicated in recital 39 of this decision and acknowledged by belgium (129), sowaer is the vehicle created by the region and placed under its exclusive control to develop wallonia's airport infrastructure and place this infrastructure at the disposal of the airport management companies in question. sowaer, like the region, is capable of granting state aid. (356) prior to the 2002 sowaer/bsca agreement, bsca did not benefit from any commitment on the part of the region or sowaer with regard to implementing the investment programme. (357) belgium in fact recognises that no formal letter granting the aid was sent to bsca. however, according to belgium, although the region was itself the beneficiary of the 2000 decisions, these created a commitment on the part of the walloon government. belgium takes the view that the fact that this commitment was unilateral was not peculiar to this case. in its opinion, any financial measure, regardless of its beneficiaries, is always decided through a unilateral administrative act of the granting authority, which controls the application, amendment or withdrawal of said act. (358) the commission notes that the 2000 decisions were not published or notified to bsca. at any time before the 2002 sowaer/bsca agreement was signed, the region could have altered the investment programme, by adopting a new unilateral decision or even totally abandoning this programme, without such a decision infringing bsca's rights. (359) furthermore, as indicated in the 2012 extension decision, this investment programme contained uncertainties about the financing mechanism and amounts. the latter could have been altered in line with changing needs. accordingly, the new north terminal needed to be modular and its construction had to be gradual and tailored to the development of the airport's actual activities and resulting operational needs. in addition, the financing mechanism envisaged at the time i.e. involving the soci t r gionale wallonne du transport was ultimately abandoned in favour of financing through sowaer, a new instrument that received its financial resources only when it was created on 1 july 2001 and in the amount of eur 75 000 000 only. (360) on the other hand, given that the investment programme was included in the 2002 sowaer/bsca agreement, sowaer was under an obligation towards bsca: it had to place the land and infrastructure at bsca's disposal, including the infrastructure to be constructed in accordance with the investment programme, and to provide certain services, in return for a concession fee, otherwise it would fail to comply with its contractual obligations. (361) the commission also takes the view that sowaer's commitment to implement an investment programme and to provide certain services must be examined together with bsca's commitment to pay a concession fee. it is impossible to determine whether the region's plans to place the infrastructure at bsca's disposal, including new infrastructure constructed in accordance with the investment programme, and to provide certain services constitute aid until the amount of the fee to be paid by bsca in return is known. (362) the commission concludes that the measure consisting in placing the infrastructure at bsca's disposal, including new infrastructure which sowaer undertook to construct, and in providing certain services in return for a fee was granted by the 2002 sowaer/bsca agreement. it therefore postdates the adp judgment. (363) moreover, it should be recalled that the investment programme included in the 2002 sowaer/bsca agreement was significantly amended by the decision of the walloon government of 3 april 2003. in this decision of 3 april 2003, the walloon government officially noted a revision to the investment programme (130), whereby the amount of the investment increased from eur 93 million to almost eur 151 million, i.e. an increase of eur 57,8 million, including eur 33 million for the new terminal. the commission takes the view that this revision of the investment programme constitutes a substantial change and therefore a new measure potentially constituting new state aid granted to bsca, in addition to the potential aid already granted through the 2002 sowaer/bsca agreement. given that it stems from a decision of 3 april 2003, this measure constitutes a new measure, adopted after the adp judgment and therefore subject to the applicable rules on state aid. (b) investments and services provided by sowaer that must be excluded from the analysis due to being non-economic in nature (364) as highlighted by points 34 and 35 of the aviation guidelines, not all the activities of an airport operator are necessarily economic in nature. the court of justice has therefore confirmed that activities that normally fall under state responsibility in the exercise of its official powers as a public authority are not economic in nature (131). such activities include, in particular, security, air traffic control, police and customs (132). (365) the commission takes the view that investments and major repairs involving assets associated with air navigation (relating to the control tower, for example), aircraft firefighting, security (defined as combating acts of unlawful interference), police and customs may be non-economic in nature. given that, in the present case, air navigation, aircraft firefighting, security, police and customs services are not organised according to a market logic, the commission considers that the investments and major repairs involving assets associated with these services are not economic in nature. in particular, the fencing of the part of the airport site that is accessed through police checkpoints and the part of the site where the aircraft are located may be regarded as a non-economic activity insofar as it concerns security. (366) the commission also considers as non-economic those costs associated with investments in and maintenance of buildings and equipment used for both economic activities and non-economic activities, in a proportion corresponding to their use for a non-economic activity. in particular, 7 % of the cost of investments made in the new terminal may be regarded as non-economic in nature, because 7 % of the terminal surface area is occupied by police and customs services, passenger and baggage search officials, and officials from the walloon public service responsible for site safety. (367) however, the commission regards as economic those investments and major repairs involving the category iii ils (133) and runway lighting. these costs are not associated with a public policy remit, but are inherent in the commercial operation of the infrastructure, which involves placing this infrastructure at the disposal of airlines under satisfactory safety conditions. in particular, ensuring ground traffic safety (including during landings and take-offs) forms an integral part of the airport's commercial operation and is therefore economic in nature. in the recent commission decision on marseille airport (134), operational safety was also excluded from the scope of non-economic activities. (368) the commission also takes the view that investments in fire detection in passenger car parks are economic in nature. these costs are not associated with a public policy remit, but are inherent in the commercial operation of the passenger car park. (369) moreover, as highlighted by point 36 of the aviation guidelines, the commission must check that the funding of non-economic activities is strictly limited to compensating the costs to which they give rise and may not be used for economic activities (135). otherwise their funding cannot escape the state aid rules. (370) sowaer is directly responsible for the investments and major repairs. these costs are not therefore financed through aid paid to bsca, which the latter could use for economic activities. (371) lastly, as highlighted by point 37 of the aviation guidelines, the commission must check that the funding of non-economic activities does not lead to undue discrimination between airports. otherwise their funding cannot escape the state aid rules. (372) as clarified by belgium, sowaer carries out the investments and major repairs without discriminating between the airports for which it is responsible, namely the airports in the walloon region. (373) as highlighted by recital 26 of this decision, the belgian regions have been given the necessary powers to equip and operate public airports situated within their territory, except for brussels national airport. given this legal framework, the commission takes the view that the relevant level for assessing the existence of discrimination in terms of the financing of the investments and services provided by sowaer is the region, and not the federal state. as sowaer carries out the investments and major repairs without discriminating between the two main walloon airports (li ge and charleroi), the commission concludes that there is no undue discrimination between the airports. (374) the financing of the non-economic activities described in recital 365 cannot therefore be qualified as state aid and is consequently excluded from the subsequent analysis. 6.1.1.2. subsidy paid by the region for certain services associated with the airport activities (375) as indicated in section 5.1.1.1(c)(i), belgium considers that the tasks for which the region pays a subsidy fall within the public policy remit and do not therefore constitute an economic activity. (376) in order to determine whether the subsidy relates to non-economic activities and cannot therefore be qualified as state aid, the same examination as described in section 6.1.1.1(b) must be made. (a) fire protection and security (377) as indicated in recital 365, the commission takes the view that, in the present case, the activities associated with aircraft fire protection and security (136) do not constitute economic activities. (i) application of point 36 of the aviation guidelines (378) as highlighted by point 36 of the aviation guidelines, even where an activity is regarded as non-economic, the commission must check that the funding of non-economic activities is strictly limited to compensating the costs to which they give rise and may not be used for economic activities (137). otherwise their funding cannot escape the state aid rules. 1. fire protection (379) as regards fire protection, the commission indicates that, under article 25 of the schedule of conditions annexed to the 1991 region/bsca agreement, in order for the region to fund the fire and maintenance services, bsca must keep a separate operating account that may at any time be analysed and checked by the concession authority. (380) moreover, under article 3.2.3 of the region/bsca agreement, as amended by amendment no 3 of 29 march 2002, the costs inherent in the fire and maintenance services are reimbursed in 12 instalments. the twelfth instalment is paid after the minister receives and approves a report, based on bsca's annual accounts, providing justification for the costs incurred and presented in the same format as required for the provisional budget, i.e. based on the headings defined by article 25 of the schedule of conditions. (381) lastly, for the period after 10 march 2006, article 25.7 of the schedule of conditions, introduced by amendment no 5 of 10 march 2006, provides that the amount of the compensation for the fire protection and ground traffic and airport site safety services may not exceed the actual costs incurred by bsca and that any overcompensation of the costs will result in budgetary compensation through the budget entry for the following year. (382) the commission takes the view that these provisions are sufficient to conclude that, since amendment no 3 of 2002 to the region/bsca agreement, the compensation paid by the region for the fire protection costs has been proportionate and has not been used to subsidise economic activities. 2. security (383) security was added to the activities for which bsca receives compensation through amendment no 6 of 15 january 2008. the security tasks are defined as the combination of measures and human and natural resources intended to safeguard civil aviation against acts of unlawful interference (138). the security services include screening, remote surveillance, security rounds and patrols, access control and issue of visitor badges (139). (384) article 25.7 of the schedule of conditions, as amended by amendment no 6 of 15 january 2008, provides that the amount of the compensation intended to cover the costs incurred in providing the services may not exceed the actual costs incurred by the concession-holder in this context, after deducting any fees collected from users to cover these services. any overcompensation of these costs will result in budgetary compensation through the budget entry for the following year. (385) the commission takes the view that these provisions are sufficient to conclude that the compensation paid for the security costs has been proportionate and has not been used to subsidise economic activities. (ii) application of point 37 of the aviation guidelines (386) as highlighted by point 37 of the aviation guidelines, the commission must check that the funding of non-economic activities does not lead to undue discrimination between airports. otherwise their funding cannot escape the state aid rules. (387) as clarified by belgium, the non-economic activities of the two main walloon airports (li ge and charleroi) are funded in a non-discriminatory manner by the region. (388) as highlighted by recital 26 of this decision, the belgian regions have been given the necessary powers to equip and operate public airports situated within their territory, except for brussels national airport. given this legal framework, the commission takes the view that the relevant level for assessing the existence of discrimination in terms of the financing of certain non-economic services associated with the airport activities is the region, and not the federal state. as the non-economic activities of the two main walloon airports (li ge and charleroi) are funded in a non-discriminatory manner by the region, the commission concludes that there is no undue discrimination between the airports. (389) the compensation paid for bsca's activities associated with fire protection and security cannot therefore be qualified as state aid and is consequently excluded from the subsequent analysis. (b) maintenance/ground traffic safety (390) in this section, the commission examines whether the following services may escape the applicable state aid rules due to their non-economic nature: the maintenance services, as defined by articles 12 and 19 of the schedule of conditions annexed to the region/bsca agreement; the ground traffic safety services, as defined by article 25 of the schedule of conditions amended by amendment no 5 of 10 march 2006. (391) as indicated in recital 71, the maintenance service is defined by articles 12 and 19 of the schedule of conditions as technical maintenance services for buildings, runways, surrounding areas, vehicle fleet, etc. (140), and as maintenance of land, buildings and building facilities, and equipment forming part of the concession or placed at the disposal of the concession, such that they are always fit for their intended purpose (141). (392) as indicated in recitals 73 and 74, amendment no 5 of 10 march 2006 amended article 3.2.2 of the region/bsca agreement and article 25 of the schedule of conditions. as a result of these amendments, the region pays compensation to bsca for the costs of the fire protection and ground traffic and airport site safety services. article 25 of the schedule of conditions, as amended, provides that the ground traffic and airport site safety services include routine maintenance of the airport site, technical maintenance services for buildings, runways, surrounding areas and vehicle fleet, minor surfacing work, routine maintenance and repair of the runway and accesses, operational maintenance and servicing of the general lighting and runway lighting, mowing services, rubber removal from the runway and its markings, snow clearance and any other services ensuring the safety of ground traffic, airport site and infrastructures, except for commercial areas of the airport zone. (393) the commission points out that the definition of ground traffic and airport site safety services, for which bsca receives compensation from 10 march 2006, substantially overlaps with the definition of maintenance services, for which bsca received compensation before 10 march 2006. in order to determine whether these services constitute economic services, it will examine these together. (394) the commission takes the view that these services, whether they involve routine maintenance of the airport site, maintenance of buildings, runways, surrounding areas and vehicle fleet, minor surfacing work, routine maintenance and repair of the runway and accesses, operational maintenance and servicing of the general lighting and runway lighting, mowing services, rubber removal from the runway and its markings, snow clearance or any other services ensuring the safety of ground traffic, airport site and infrastructures, do not fall within the public policy remit. these services differ in particular from the security services. they are inherent in the commercial operation of the airport, which involves ensuring that the airport site, including its runways, is sufficiently well-maintained to enable the landing and take-off of aircraft under satisfactory safety conditions. no public policy remit is associated with this type of service. (395) according to belgium (see recital 237), when the commission made its decision on 23 july 2008 on leipzig/halle airport, it recognised that operational safety services were non-economic activities (142). it is clear from the list of operational safety infrastructures provided by the german authorities that these infrastructures are essential for ground traffic safety, i.e.: uninterruptible power supply for aprons, transformer stations, runway lighting, apron lighting, etc. according to belgium, this position taken by the commission was confirmed by the general court in the judgment delivered on 24 march 2011 (143) following an action for annulment brought against the aforementioned commission decision. (396) the commission disputes that it can be concluded from recitals 182 and 183 of the decision on leipzig/halle airport that the commission has in the past taken the view that tasks comparable to maintenance and traffic safety, as defined in the region/bsca agreement, fall within the public policy remit, for the following reasons. (397) firstly, the maintenance and traffic safety costs defined in the region/bsca agreement are much broader than the operational safety investment costs referred to in the decision on leipzig/halle airport. the latter consist of the uninterruptible power supply for the aprons, transformer station, high voltage cables and runway lighting. the maintenance and traffic safety costs defined in the region/bsca agreement include routine maintenance of the airport site, technical maintenance services for buildings, runways, surrounding areas and vehicle fleet, minor surfacing work, routine maintenance and repair of the runway and accesses, operational maintenance and servicing of the general lighting and runway lighting, mowing services, rubber removal from the runway and its markings, snow clearance and any other services ensuring the safety of ground traffic, airport site and infrastructures, except for commercial areas of the airport zone. (398) secondly, the commission points out that, contrary to belgium's argument, the commission did not conclude that the operational safety tasks referred to in the leipzig/halle decision constitute tasks falling within the public policy remit. recital 182 of that decision states that the commission can conclude that in the present case certain costs fall within the public policy remit (emphasis added). in recital 183 of the same decision, the commission considers that to the extent that they fall within the public policy remit, the measures may not amount to state aid (emphasis added). it indicates that in the present case independently [of] whether the commission was to accept the approach advanced by the german authorities that none of the costs should be considered as state aid, the final assessment of the measure would not change (emphasis added). as a result, in those recitals the commission neither confirmed nor contradicted germany's position that certain tasks, including operational safety tasks, fell within the public policy remit, but instead indicated that it did not need to take a position, given that, assuming that the measure did constitute aid, this would be authorised. (399) thirdly, the commission points out that, in the general court's judgment on the commission decision on leipzig/halle airport, contrary to belgium's argument, the court did not confirm this alleged commission position in paragraph 225 of its judgment. the court in fact reproduced recitals 182 and 183 of the commission decision in order to recall the latter's position and concluded that the commission had considered that it did not have to reach a definitive conclusion on this question (namely if it were to accept the german authorities' argument that none of the costs should be considered as state aid). (400) the commission therefore concludes that the maintenance services, as defined by articles 12 and 19 of the schedule of conditions annexed to the region/bsca agreement, and the ground traffic safety services, as defined by article 25 of the schedule of conditions amended by amendment no 5 of 10 march 2006, constitute economic services. their funding does not therefore escape the applicable state aid rules. (c) flight tracking and recording, provisional flight planning and marshalling (401) in this section, the commission examines whether the following services, the provision of which was entrusted to bsca and for which bsca receives compensation under amendment no 6 of 15 january 2008, may escape the applicable state aid rules due to their non-economic nature: flight tracking and recording (144) and flight planning (145), marshalling (146). (402) according to belgium (see recital 240), flight tracking and recording, provisional flight planning and marshalling services are essential parts of civil aviation safety and therefore fall within the public policy remit, given that they are fundamental components in the safety of an airport. (403) the commission takes the view that the services covered by this compensation are activities inseparable from the economic activity of the airport operator bsca. these services cannot be included within the security services intended to combat acts of unlawful interference or within any activity falling within the public policy remit. (404) the commission therefore concludes that flight tracking and recording, flight planning and marshalling constitute economic services. their funding does not therefore escape the applicable state aid rules. 6.1.1.3. capital increase subscribed by sowaer (405) as the capital increase, which was covered by the formal investigation procedure, was subscribed by sowaer to the benefit of bsca in 2002, i.e. after the adp judgment (147), it falls under the commission's control of state aid (see recital 346). 6.1.2. selective advantage (406) in order to determine whether a state measure constitutes aid, it is necessary to establish whether the recipient undertaking receives an economic advantage that it would not have obtained under normal market conditions. the presence of an economic advantage can be ruled out where the measures in question constitute economic operations carried out by public bodies or undertakings under normal market conditions (148). in this case it must be determined whether, in similar circumstances, a private operator, having regard to the foreseeability of obtaining a return and leaving aside all social, regional policy and sectoral considerations, would have taken part in the same operations as the entity granting the measure (hereinafter the market economy operator test). the presence of an economic advantage can also be ruled out where the measures in question constitute financial compensation granted to the undertakings concerned in order to enable them to operate a service of general economic interest, provided that such compensation satisfies all the conditions set out in the altmark judgment (149). the commission will now proceed to analyse the measures concerned in turn, in the light of the conditions of the altmark judgment and the market economy operator test. 6.1.2.1. application of the altmark judgment conditions (407) it is firstly necessary to examine belgium's argument, set out in section 5.1.1.1(c)(ii), according to which the subsidy for certain services associated with the airport activities assuming that some of these services are economic in nature allegedly does not constitute an advantage for bsca under the altmark judgment (150). (408) as established in section 6.1.1, the commission considers that some of the services for which the subsidy is paid are not economic in nature (for example, firefighting and security services) and will exclude from its analysis the part of the subsidy compensating for the costs of those services. (409) however, the commission considers that other services for which the subsidy is paid are economic in nature, such as maintenance and repair of infrastructures operated commercially, and even marshalling. (410) the commission takes the view that belgium is committing a manifest error of assessment in qualifying these services as services of general economic interest. as recalled by paragraph 47 of the communication from the commission on the application of the european union state aid rules to compensation granted for the provision of services of general economic interest (151), generally speaking, a particular public service task implies the supply of services which, if it were considering its own commercial interest, an undertaking would not assume or would not assume to the same extent or under the same conditions. in paragraph 50 of said communication, the commission also considers that the services to be classified as services of general economic interest must be addressed to citizens or be in the interest of society as a whole. in the present case, the economic services identified are not supplied in the interest of citizens, but only to enable bsca to provide an airport service. they are indissociable from the economic activity of operating the airport. (411) furthermore, bsca was not chosen in a procedure meeting the requirements of the fourth altmark condition. (412) in addition, belgium has not provided any evidence that the amount of the subsidy was determined on the basis of an analysis of the costs that a typical undertaking, well run and adequately equipped, would have incurred in order to meet the necessary public service requirements. belgium's arguments are actually insufficient for the following reasons: belgium indicates that the ratios mentioned in the communication referred to above in recital 410 demonstrate bsca's efficient management (see recital 253), without, however, indicating the nature and value of those ratios. belgium adds that this sound management enabled private investors to be attracted in 2009 during bsca's partial privatisation. however, the commission stresses that, although investors did decide to participate in bsca's capital (while obtaining a right of veto over important decisions), this may have been due to the existence of the aid, allowing them to expect that bsca would attract a significant volume of traffic and therefore generate high profits, rather than due to sound management. it can also be pointed out in this regard that private investors may take holdings in mismanaged companies that they hope to turn around once they have or share control of the company in question, as is the case with bsca's private investor who has obtained a right of veto over important decisions. it also cannot be concluded, as belgium has done, that the airport is well run simply due to the fact that the turnover or traffic at charleroi airport is on the increase (see recital 254). this increase in turnover and traffic may stem from the aid, which enables bsca to offer very favourable conditions to airlines and thus attract traffic. lastly, belgium's argument that it is clear from the financing mechanism put in place that, by definition, the compensation paid to bsca is less than the market price of all the services entrusted to it, insofar as this compensation was capped in 2006 for the fire and ground traffic and airport site safety services and in 2010 for the security services (see recital 255), also does not prove that bsca is efficiently managed, but only that there may be no overcompensation. (413) in conclusion, at least the first and fourth conditions of the altmark judgment are not satisfied. the commission cannot therefore rule out, under the altmark judgment, that the region's subsidy for the services associated with the airport activities constitutes an advantage. 6.1.2.2. application of the market economy operator test (414) as regards identifying the entity granting the measure, the commission considers that the actions of (i) the region, as owner of the airport zone land, on the one hand, and (ii) sowaer, a company under the exclusive control of the region, as concession-holder of the airport zone land, owner of the infrastructures built on the airport zone land, and holder of the tasks delegated by the region, on the other hand, must be assessed together where they involve the same activity and the same airport. under these circumstances, sowaer appears to be an intermediary of the region in this context. consequently, in order to determine whether or not the measures defined in section 3.1 give bsca an economic advantage, the commission will consider that the entity granting the measure is the group consisting of the region and sowaer (hereinafter region-sowaer). (415) as a result, the commission considers that it must examine together the commitments of the region-sowaer where they alter the economics of the concession (provision of the infrastructures, including development of the investment programme and funding of the major repairs, concession fee, subsidy for certain services associated with the airport activities where these services are economic in nature) and where they are virtually simultaneous and linked. (416) the commission will therefore apply the market economy operator test to the following four sets of measures, considered in turn: the 2002 sowaer/bsca agreement and the amendment of 29 march 2002 to the region/bsca agreement (hereinafter the 2002 agreements), the decision of the walloon government of 3 april 2003 to build a terminal with a larger capacity than originally planned (3 million passengers instead of 2 million) and to provide for larger capacity car parks (hereinafter the 2003 investment decision), the service agreement of 4 april 2006 between sowaer and bsca and the amendment of 10 march 2006 to the region/bsca agreement (hereinafter the 2006 agreements), the amendment of 15 january 2008 to the region/bsca agreement (hereinafter the 2008 amendment). (417) the commission will also apply the market economy operator test to bsca's capital increase subscribed by sowaer in december 2002. (418) if any of these measures constitutes an advantage, the commission will examine whether that advantage is selective. (a) application of the market economy operator test to the measures involving the provision of the infrastructure, including new investments and major repairs, and the granting of a subsidy for certain services associated with the airport activities (i) 2002 agreements 1. application of the market economy operator test (a) general principles applicable to the four measures (419) as highlighted by point 51 of the aviation guidelines, the analysis of conformity with the market economy operator test should be based on sound ex ante profitability prospects for the entity granting the financing (152). (420) the commission notes that the region did not supply any business plan proving the expected return for the region and/or sowaer from the scheduled investments when the binding decisions were made on each investment. the absence of a business plan suggests that the region and/or sowaer were not acting according to a market economy operator logic when they adopted the measures granted to bsca. (421) the commission also notes that the reports supplied in support of the walloon government's decisions justify the need for these investments through the positive impact of the airport's development on the economy and employment situation in charleroi and its region (153). however, the commission points out that it is settled case-law that regional development considerations cannot be taken into account when applying the market economy operator test (154). (422) despite no business plan being supplied by the region and/or sowaer, the commission has examined whether, for the group consisting of the region-sowaer, the net present value of each set of measures identified in recital 416 is positive. if the net present value of a measure is positive, this means that the measure in question is profitable for the operator concerned. (423) the net present value has been calculated by totalling the discounted cash flows (revenue minus expenditure), aggregated for the region-sowaer, expected from each set of measures at the time when it was granted. (424) the discount rate used to calculate the net present value has been determined by establishing the cost of capital for the entity having granted the measure at the time when it was granted. the cost of capital for an entity depends on its financing structure, particularly in terms of equity and debt. in the present case, most of the expenditure associated with the project undertaken by the region-sowaer group is covered by the investments funded by sowaer. that is why the commission has decided to calculate the cost of capital for the entity granting the measure by using the cost of capital given by the structure of sowaer's balance sheet, which is the financing structure chosen by the region-sowaer group, and its conditions of access to capital markets. (b) application of the market economy operator test to the 2002 agreements (425) under the 2002 agreements, the region-sowaer decided to place the land and infrastructure of charleroi airport at bsca's disposal, in return for a concession fee, while undertaking to develop this infrastructure in accordance with the investment programme annexed to the 2002 sowaer/bsca agreement, and to carry out the major repairs and maintenance as well as pay bsca a subsidy for certain services associated with the airport activities. (426) the counterfactual scenario would have consisted in the region-sowaer not signing the 2002 agreements and therefore not committing to further significant investments or granting the fire-maintenance subsidy. the commission has assumed that, in this counterfactual scenario without any aid, the airport would probably have continued to operate, but to a much lesser extent, given the need for the investments stipulated by the 2002 agreements in order to significantly increase traffic at the airport. this counterfactual scenario would have led to a slightly positive net present value, which is impossible to estimate with any degree of reliability, particularly as it would be very difficult to estimate the expected traffic in the absence of the 2002 agreements and the concession fees obtained from bsca by the region-sowaer. in its net present value calculations, the commission has therefore assumed that the net present value of the counterfactual scenario is zero. if, on the basis of this assumption, the net present value of the 2002 agreements is negative, this would definitely be the case if the net present value of the counterfactual scenario were assumed to be positive. this assumption is therefore favourable to the region-sowaer and to bsca. (i) costs and revenue taken into account in calculating the net present value of the 2002 measure (427) in order to calculate the net present value of the 2002 agreements for the region-sowaer, the commission has determined the costs and revenue of the region-sowaer that could have been anticipated due to these agreements, by including: for the period from 2002 to 2015: the estimated cost of the economic investments (see table 13) and services to be provided by sowaer, and also the part of the subsidy paid by the region for certain services associated with the airport activities, which is paid for economic services, the expected revenue from the concession fee payable by bsca to sowaer, for the period from 2016 to 2040: the value of the cash flows expected from the project after 2015. the value of the project's cash flows after 2015 has been estimated using the perpetuity growth method with a growth rate of 2 %, reflecting the expected rate of inflation over the period (155). (428) these figures are based on the forecasts available to the region and sowaer in 2002, particularly with regard to traffic and costs. the commission has not therefore taken account of any cost drifts in the investment programme that could not have been anticipated at the time of the decision to commit to the programme in april 2002 (for example, increase in building costs and cost drifts associated with soil stability problems that were unknown when the investment programme was prepared). (429) in calculating the net present value, the commission has also not taken account of the value of the land and infrastructure, either when calculating the scenario in which the 2002 agreements were adopted or when calculating the counterfactual scenario. the net present value calculation is therefore based on the future cash flows expected in 2002. (430) lastly, the commission has not taken account of any capital gains or dividends received by sowaer from its holding in bsca's capital. the court of justice has in fact stated that (156), in order to determine whether a state measure constitutes aid, it is necessary to establish whether the recipient undertaking receives an economic advantage which it would not have obtained under normal market conditions. in examining that question, it is for the national court to determine what is normal remuneration for the services in question. the commission takes the view that, in the present case, the provision of infrastructure at a price below market price constitutes an advantage for bsca, even if sowaer expects to recover its loss through the growth in its capital or the dividends that it will receive. the commission also notes the effects on competition of an approach in which any capital gains and dividends are taken into account. in extreme cases, this scenario would result in the acceptance that a public authority could demand a zero concession fee from an airport in which it was a shareholder (as said authority could expect dividends and/or an increase in the value of its shares), without this constituting aid. this would enable the airport in question to offer very low charges to airlines, thus distorting competition, particularly in relation to private airports. (431) the following table indicates the cost of the economic investments taken into account by the commission in calculating the net present value of the 2002 measure. in order to produce this table, the commission started with the investment programme planned for charleroi airport, which was annexed to the sowaer/bsca agreement of 15 april 2002. although annexed to the sowaer/bsca agreement of 15 april 2002, this programme does not identify the investments remaining to be made on the date of 15 april 2002, but all the investments that should have been made from 1 january 2001 or that remained to be made. in order to identify the investments remaining to be made on the date of 15 april 2002, the commission transferred to 2002 the investments planned in 2001 and 2002 (157) and then deducted from this sum those investments already made on 15 april 2002 (158). table 13 cost of the investments remaining to be made as at 15 april 2002 (eur million) 2002 2003 2004 2002 + 2003 + 2004 compulsory purchase (balance of 1st phase) 0,55 0,00 0,00 0,55 purchase of new land 3,59 0,00 0,00 3,59 balance of new land 0,00 0,00 0,94 0,94 sabca renovation 1,39 0,00 0,00 1,39 deferral, accrual and other 1,12 0,00 0,00 1,12 sub-total 6,64 0,00 0,94 7,59 renovation of technical and administrative premises 1,55 0,00 0,00 1,55 fencing of airport site 0,27 0,00 0,00 0,27 approach and taxiway lighting 0,42 0,00 0,00 0,42 repair of drains 0,27 0,00 0,00 0,27 extension of aviation fuel station 0,27 0,00 0,00 0,27 waste removal 0,12 0,00 0,00 0,12 repair of south taxiway 0,50 0,00 0,00 0,50 cemetery car park 0,03 0,00 0,00 0,03 fire detection in the underground passenger car park 0,17 0,00 0,00 0,17 sewage system and treatment 5,18 0,00 0,00 5,18 power and telecoms equipment 2,01 0,00 0,00 2,01 technical tunnel 0,74 0,45 0,00 1,19 service road 0,00 0,00 0,82 0,82 onsite backfill 6,20 1,86 0,62 8,68 runway extension 9,92 2,48 0,00 12,39 north taxiway and runway exit 2,48 3,72 1,02 7,21 aircraft parking and slab resurfacing 4,96 2,48 0,00 7,44 navigation aid 0,00 0,50 3,07 3,57 assistance hangar fuel 0,25 1,61 0,00 1,86 control tower 0,00 0,25 0,25 0,50 cargo + office buildings 0,00 0,25 2,13 2,38 sub-total 35,33 13,58 7,91 56,82 new terminal 12,64 12,39 2,97 28,01 total 54,62 25,98 11,82 92,42 the commission then kept only the part of these investments that it regarded as being associated with the economic activities. the following were therefore excluded: fencing of the part of the airport site that is accessed through police checkpoints and the part of the site where the aircraft are located (see explanations in recital 365), control tower (see explanations in recital 365), 7 % of the cost of the investments associated with the new terminal (see explanations in recital 366). the commission ended up with the following investment plan: table 14 cost of the investments in economic activities taken into account by the commission in calculating the net present value of the 2002 measure (eur million) economic part (%) 2002 2003 2004 2002 + 2003 + 2004 compulsory purchase (balance of 1st phase) 100 0,55 0,00 0,00 0,55 purchase of new land 100 3,59 0,00 0,00 3,59 balance of new land 100 0,00 0,00 0,94 0,94 sabca renovation 100 1,39 0,00 0,00 1,39 deferral, accrual and other 100 1,12 0,00 0,00 1,12 sub-total 6,64 0,00 0,94 7,59 renovation of technical and administrative premises 100 1,55 0,00 0,00 1,55 fencing of airport site 0 0,00 0,00 0,00 0,00 approach and taxiway lighting 100 0,42 0,00 0,00 0,42 repair of drains 100 0,27 0,00 0,00 0,27 extension of aviation fuel station 100 0,27 0,00 0,00 0,27 waste removal 100 0,12 0,00 0,00 0,12 repair of south taxiway 100 0,50 0,00 0,00 0,50 cemetery car park 100 0,03 0,00 0,00 0,03 fire detection in the underground passenger car park 100 0,17 0,00 0,00 0,17 sewage system and treatment 100 5,18 0,00 0,00 5,18 power and telecoms equipment 100 2,01 0,00 0,00 2,01 technical tunnel 100 0,74 0,45 0,00 1,19 service road 100 0,00 0,00 0,82 0,82 onsite backfill 100 6,20 1,86 0,62 8,68 runway extension 100 9,92 2,48 0,00 12,39 north taxiway and runway exit 100 2,48 3,72 1,02 7,21 aircraft parking and slab resurfacing 100 4,96 2,48 0,00 7,44 navigation aid 100 0,00 0,50 3,07 3,57 assistance hangar fuel 100 0,25 1,61 0,00 1,86 control tower 0 0,00 0,00 0,00 0,00 cargo + office buildings 100 0,00 0,25 2,13 2,38 sub-total 35,06 13,34 7,66 56,06 new terminal 93 11,76 11,53 2,77 26,05 total 53,46 24,86 11,37 89,69 according to the commission's calculations, the investments initially planned in economic activities amounted to eur 89 690 000, i.e. 97 % of the investments initially planned. (432) sowaer's maintenance and operating costs attributable to the economic activities of charleroi airport, as stipulated by the region/sowaer (159), should be added to these investments. bearing in mind that 97 % of the investments initially planned were for economic activities (160), the commission has multiplied by 0,97 the maintenance costs and operating costs indicated on page 10 of the sowaer business plan annexed to the region's decision of 23 may 2001. with regard to the operating costs, the commission considers that, based on the information provided by the region, 29 % of the costs for charleroi and li ge airports are attributable to charleroi. table 15 sum of sowaer's maintenance costs (a) and operating costs (b) attributable to the economic activities of charleroi airport (eur million) 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 a 0,84 0,84 0,84 1,56 1,56 1,56 1,56 1,56 2,41 2,41 2,41 2,41 2,41 2,41 b 0,47 0,48 0,49 0,50 0,51 0,52 0,53 0,54 0,55 0,56 0,57 0,58 0,60 0,61 a+b 1,31 1,32 1,33 2,06 2,07 2,08 2,09 2,10 2,96 2,97 2,98 2,99 3,00 3,01 (433) the part of the fire-maintenance subsidy attributable to the economic activities should also be added. the commission estimates that 10 % of the expenditure compensated by the fire-maintenance subsidy, as indicated in the 2002 bsca business plan, is economic in nature. table 16 part of the fire-maintenance subsidy compensating for economic activities (eur million) 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 0,33 0,34 0,35 0,39 0,40 0,44 0,44 0,48 0,49 0,50 0,51 0,52 0,53 0,54 (434) in order to determine the outgoing cash flows to be taken into account in calculating the net present value of the 2002 measure, the commission therefore added together the final rows of table 14, table 15 and table 16. table 17 outgoing cash flows up to 2015 taken into account by the commission in calculating the net present value of the 2002 measure (eur million) 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 55,10 26,53 13,05 2,45 2,47 2,52 2,53 2,58 3,44 3,46 3,48 3,50 3,52 3,54 (435) in order to calculate the net present value of the project, the anticipated revenue needs to be determined. this anticipated revenue consists of the variable part of the bsca concession fee, as set by article 11.1 of the 2002 sowaer/bsca agreement, i.e. 35 % of bsca's aviation revenue, with a cap changing over time. given the aviation revenue forecasts, the cap on this variable fee could be expected to apply up to 2015. this cap was set at eur 883 689 in 2002, which was to be increased by 2 % per year up to 2006. it was then to be increased to eur 2 651 067 in 2007, which was subsequently also increased by 2 % per year. the 2002 sowaer/bsca agreement stipulated that these amounts would be reviewed from 2015. the commission has assumed that the cap would be removed from 2015 (if the commission had assumed that the cap would be maintained after 2015, this would have resulted in a net present value lower than the one calculated). table 18 incoming cash flows up to 2015 taken into account by the commission in calculating the net present value of the 2002 measure (eur million) 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 0,88 0,90 0,92 0,94 0,96 2,65 2,70 2,76 2,81 2,87 2,93 2,99 3,05 3,11 (436) the commission has calculated the net cash flows (incoming less outgoing) taken into account by the commission in calculating the net present value of the 2002 measure by deducting the final row of table 18 from the final row of table 17. table 19 net cash flows (incoming less outgoing) up to 2015 taken into account by the commission in calculating the net present value of the 2002 measure (eur million) 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 54,21 25,63 12,13 1,52 1,51 0,13 0,17 0,18 0,63 0,59 0,56 0,52 0,48 0,44 (ii) discount rate taken into account in calculating the net present value of the 2002 measure (437) as explained in recital 424, in order to determine the discount rate, the commission has estimated the weighted average cost of capital for sowaer at the time when the measure was granted. this estimate has been produced using the following figures and assumptions: a debt/equity ratio of 30 % for sowaer (161) and therefore a proportion of debt financing (rd) of 23 %, a pre-tax cost of debt (kd) equal to the weighted average pre-tax cost of debt for sowaer in 2002, i.e. between 4,9 % and 5,5 %, a risk premium ( k) of 5,51 % (162), a beta (163) between 0,91 and 1,23 (164), with regard to the cost of equity, a pre-tax cost of capital invested without risk (rf) between 5,16 % and 5,37 % (165), a tax rate (t) of 40,2 %. based on these figures and assumptions, the commission can calculate the weighted average cost of capital (c) using the following conventional formula: c = (1 rd) ke + rd kd where the cost of capital (ke) is given by the capital asset pricing model (capm) according to the formula: ke = rf + k based on this formula and the above assumptions, the commission estimates that a discount rate of 9 % is reasonable. (iii) result of the net present value calculation (438) the net cash flows indicated in table 19 discounted at the rate of 9 % result in a net present value of eur 83,7 million. (439) in order to calculate the net present value over the entire term of the concession, a terminal value needs to be allocated to the project in 2015. this is carried out by assuming, from 2015, a cash flow equal to the average cash flow for 2013-2015 increasing by 2 % per year. if it is assumed that the cap on the variable part of the concession fee will be removed from 2016, the values to be taken into account are the cap-free cash flows in 2013-2015. based on these assumptions, the commission has calculated that the terminal value of the project in 2015 could be put at eur 8,07 million. (440) the net present value of the 2002 measure is therefore eur 75,63 million. as this net present value is negative, the commission concludes that the 2002 agreements do not pass the market economy operator test and therefore give an advantage to bsca over its competitors. 2. selectivity (441) under the 2002 agreements, the region-sowaer decided to place the land and infrastructure of charleroi airport at bsca's disposal, while undertaking to develop this infrastructure in accordance with the investment programme annexed to the 2002 sowaer/bsca agreement, and to carry out the major repairs and maintenance as well as pay bsca a subsidy for certain services associated with the airport activities, in return for a concession fee that was lower than what a market economy operator would have required. (442) the commission notes that the measure was granted to bsca only. (443) admittedly, according to belgium (166), there was no discrimination within the region with regard to the subsidy for certain services associated with the airport activities (167). furthermore, according to belgium, security and safety services within the walloon region are provided by the latter. (444) however, the commission would make the following comments. (445) firstly, as the advantage was gained due to the concession fee being lower than what a private operator would have required for the provision of the infrastructure, services and subsidy, it should be examined whether the measure gave bsca a selective advantage. in this context, the sole fact that the subsidy was paid in a non-discriminatory manner by the region to other airports that it managed is not sufficient. it would need to be proven that the region granted the same measure to other airports that it managed, while accepting a fee lower than the market fee under the same conditions as those granted to bsca. belgium has not proven this situation. (446) even assuming that belgium were able to prove this situation, the commission notes that, in any event, such a measure would still give a selective advantage to bsca as this measure would benefit a given economic sector (namely the airport management sector) and would not therefore be a general measure (168). in particular, managers of other modes of transport would not benefit from such an advantage. (447) the commission therefore concludes that the measure gives a selective advantage to bsca. (ii) 2003 investment decision 1. application of the market economy operator test (448) the region could have kept to the 2002 programme. there is therefore a counterfactual scenario to the april 2003 decision, which consists in keeping to the investment programme annexed to the sowaer/bsca agreement. the costs of the 2003 investment decision for the region-sowaer therefore correspond to the costs over and above those stipulated in the 2002 investment programme. (449) in order to determine whether a market operator would have made the 2003 investment decision, it should be examined whether the net present value of the 2003 measure is positive. (450) the differences between the 2003 and 2002 plans concern both the investment forecasts and the expected number of passengers. (451) as regards the investments, the commission notes a difference in the new terminal and car park items, in terms of both the amounts and dates of the investments. the investments in the car park and terminal were respectively increased in 2002 in the initial investment plan and in 2004 in the 2003 investment plan. the commission therefore finds that there was a two-year gap between the two plans in terms of investments. furthermore, based on the information provided by belgium, the commission estimates that the economic part of the car park and terminal investments is 93 %. the amount of additional investment resulting from the 2003 measure is therefore shown by the following comparison: table 20 amount of additional investment with a two-year gap resulting from the 2003 measure (eur million) 2003 2004 2005 2006 2007 new terminal 1,6 14 17 9,4 car park 0,8 6 6 5 1,2 total 2,4 20 23 14,4 1,2 economic part 2,23 18,60 21,39 13,39 1,12 2001 2002 2003 2004 2005 investments according to the 2001/2002 plan 0,23 11,53 11,53 2,77 0,00 amount of additional investment (with a two-year gap) 2,00 7,07 9,86 10,63 1,12 (452) with regard to passenger traffic, the commission notes a divergence between the number of passengers for 2003 anticipated in 2002 (1,47 million) and in 2003 (1,7 million). the commission therefore considers that it was anticipated that the additional investment would lead to 16 % more passengers (1,7/1,47) over the entire period. this increase in passengers would not, however, lead to increased revenue for the 2003-2015 period given that it was anticipated that the cap on the variable concession fee would have already been reached prior to this period. however, this increase in traffic does have an impact on revenue from 2016 and therefore on the airport's terminal value in 2015. (453) as explained in recital 424, in order to determine the discount rate, the commission has estimated the weighted average cost of capital for sowaer at the time when the measure was granted. this estimate has been produced using the following figures and assumptions: a debt/equity ratio of 30 % for sowaer (169) and therefore a proportion of debt financing (rd) of 23 %, a pre-tax cost of debt (kd) equal to the weighted average pre-tax cost of debt for sowaer in 2002, i.e. between 4,9 % and 5,5 %, a risk premium ( k) of 5,64 % (170), a beta between 0,91 and 1,25 (170), with regard to the cost of equity, a pre-tax cost of capital invested without risk (rf) between 4,3 % and 4,7 % (171), a tax rate (t) of 33,99 %. based on these figures and assumptions, the commission can calculate the weighted average cost of capital (c) using the following conventional formula: c = (1 rd) ke + rd kd where the cost of capital (ke) is given by the capital asset pricing model (capm) according to the formula: ke = rf + k based on this formula and the above assumptions, the commission estimates that a discount rate of 9,5 % is reasonable. (454) bearing in mind the investments over the 2003-2007 period and the anticipated revenue in the form of the terminal value in 2015, the calculation of the net present value based on a weighted average cost of capital of 9,5 % results in a value of eur 19,81 million. the 2003 investment decision, like that in 2002, therefore does not pass the market economy operator test. 2. selectivity (455) the commission notes that the measure was granted to bsca only. the commission therefore concludes that the measure gives a selective advantage to bsca. (iii) 2006 agreements (456) the 2006 agreements: amended the scope of the services for which bsca receives a subsidy from the region and introduced a cap on this subsidy, amended the methods of calculating the variable part of the concession fee, while maintaining the cap at the level set by the 2002 sowaer/bsca agreement. (457) with regard to the expected costs of the 2006 measures, while introducing a cap on the subsidy granted by the region, the 2006 measures, including from an ex ante perspective, limited the increase in the subsidy and thus reduced the costs of the region/sowaer group compared to the previous situation. (458) with regard to the expected revenue from the 2006 measures, it should be noted that, according to belgium, it was decided to amend the methods of calculating the variable part of the concession fee so that the airport management companies (and therefore bsca), which had just won the right to set the level of airport charges, could not reduce the fee payable to sowaer (given that this fee previously depended on the airport charges). according to belgium, sowaer and bsca wanted to ensure that the 2006 agreements did not alter the financial balance created by the 2002 agreements. that is why: the cap on the measures was not changed, a safeguard clause was introduced, stipulating that, in the event of exceptional circumstances or changes in the law , which are beyond the control of the parties and which may significantly alter the economics of the agreement to the detriment of one of the parties , the parties will equitably determine the amendments to be made to the agreement in order to re-establish the balance of their reciprocal undertakings while safeguarding their respective interests, in consultation with the walloon region. (459) the commission takes the view that it was in fact reasonable for sowaer to negotiate with bsca an amendment to the methods of calculating the variable part of the concession fee, so that bsca could not alter the variable amount of the concession fee by reducing the airport charges (172). in addition, the commission notes that, in the absence of cargo, the cap introduced by the 2006 measures was reached at 637 689 passengers in 2006 and at 1 737 378 passengers in 2007, whereas charleroi airport already had 2 170 000 passengers in 2006. therefore, keeping the cap on the variable part of the concession fee at the same level should have enabled the level of sowaer's revenue to be maintained. in the event of exceptional circumstances leading to a fall in the variable amount of the concession fee, sowaer could renegotiate with bsca so as to determine the amendments to be made in order to re-establish the balance of their reciprocal undertakings. the 2006 measures should not therefore have a priori reduced the revenue of the region/sowaer group. (460) the 2006 measures should therefore have a priori limited the costs of the region/sowaer group (see recital 457), while maintaining its revenue (see recital 459). the commission therefore concludes that these measures pass the market economy operator test. as a result, they do not constitute state aid. this measure is therefore excluded from the subsequent analysis. (iv) 2008 amendment to the region/bsca agreement (461) the amendment to the region/bsca agreement of 15 january 2008 introduced the region's commitment to fund new economic services (marshalling etc.) through the subsidy for certain services associated with the airport activities. these activities had previously been carried out directly by the region. (462) according to belgium, this transfer of responsibility was in the interests of the region/sowaer group, even though it undertook to fund the associated costs, because it was expecting the costs to fall given that these services were going to be provided by bsca instead of being provided directly by the region. (463) in support of its position, belgium cites the explanatory memorandum of the draft decree (173) that transferred responsibility to bsca for the security and safety tasks, as well as a report from the walloon parliament of 6 december 2007 on this same decree. (464) the explanatory memorandum of this draft decree sets out the objectives in transferring the security and safety tasks to the companies managing walloon airports, namely: generating economies of scale, ensuring the profitability of the investments granted by the region, making the management companies responsible for managing and financing the performance of operational tasks, optimising the taxation of the services provided by these subsidiaries. (465) as regards the last point, belgium has clarified that this involved recovering the vat on the services provided by the subcontractor bsca security (for the security task), which the region could not have recovered otherwise from bsca. (466) belgium also cites a report (174) from the walloon parliament on the draft decree, in which the minister for housing, transport and regional development of the walloon region indicates that: the total potential saving from coordinated management (175) for the walloon budget up to 2015 is between eur 12 million (constant policy scenario) and eur 32 million (scenario involving the recruitment of new officials instead of subcontracting), with regard to vat, the new structures will enable vat to be recovered (i.e. 21 % of eur 7 million each year). (467) lastly, according to belgium, the services associated with security checks vary significantly from one time of day to another and from one season to another depending on the number of passengers frequenting the airport. when these tasks were the region's responsibility, the latter had to ensure a constant presence, even when only a limited service was required, because it was forced to do so by the staff regulations of officials. by contrast, the working hours of employees of bsca and its subcontractor bsca security can be adjusted according to the airport's activity level. (468) the commission takes the view that a reasonable market economy operator might have asked bsca to relieve it of these activities by compensating bsca for the costs incurred (instead of continuing to carry out these activities itself), since it could expect a reduction in these costs. the information provided by belgium is sufficient to prove that such a reduction in costs could be expected from the measure. the commission therefore concludes that the measure passes the market economy operator test and, as a result, does not constitute state aid. this measure is therefore excluded from the subsequent analysis. (b) application of the market economy operator test to the capital increase subscribed by sowaer in december 2002 (469) on 3 december 2002 sowaer contributed the sum of eur 3 808 660 to purchase 6 143 shares in bsca, representing 49,23 % of bsca's capital, i.e. a price of eur 620 per share. (470) the consultancy firm deloitte & touche, in its analysis of the 2002 business plan, asserted that the region/sowaer had acted as a prudent investor, given that the funds invested in bsca were expected to produce a return on investment in the order of 27 % in view of bsca's expected results for the 2001-2010 period (176). (471) according to the commission's calculations based on the bsca 2001 business plan, the net present value of bsca, after the capital injection, was eur 65,6 million. given the total number of shares following the capital injection, this net present value corresponds to a price per share of eur 5 287, which is significantly higher than the price paid of eur 620 per share. (472) these points therefore suggest that the capital increase subscribed by sowaer in december 2002 passes the market economy operator test. however, the commission does not consider itself in a position to rule out the possibility that this capital increase conferred an economic advantage on bsca. the commission points out that this capital increase was carried out shortly after the 2002 agreements were concluded and that, in addition, bsca's losses, which necessitated the capital injection, were linked to the basic structure of the system defined by the 2002 agreements. those agreements therefore conferred an advantage on bsca. as a result, the commission cannot rule out that the 2002 capital injection may also have conferred an economic advantage on bsca. if such an advantage exists, it was conferred only on bsca and is therefore selective. 6.1.3. use of state resources and imputability of the measures to the state (473) in this section, the commission examines whether the 2002 agreements, the 2002 capital increase and the 2003 investment decision are measures granted through state resources. to that end, the commission will determine (i) whether the resources of the region and sowaer are state resources and (ii) whether sowaer's decisions on the measures are imputable to the public authorities. 6.1.3.1. state resources (474) the resources available to the region as a local authority (177) constitute state resources. (475) as sowaer wholly belongs to the region and is under its exclusive control, its resources for carrying out the tasks assigned to it by the region constitute state resources. (476) consequently, the measures granted to bsca have been granted through state resources. 6.1.3.2. imputability of the measures to the state (477) as the region is a local authority (178), its decisions are imputable to the state. (478) as regards the decisions made by sowaer, the commission takes the view that, based in particular on the stardust judgment (179), the imputability of those decisions can be established through the following points: (a) general points as stipulated by the recital to the 2002 sowaer/bsca agreement, sowaer is a specialised company acting, by delegation, on behalf of the walloon region. sowaer is wholly owned by the region and is under its exclusive control. the board of directors consists solely of representatives of the region. sowaer has particularly been entrusted by the region with implementing, on its behalf and under its control, the investment programmes approved by the walloon government. as clarified by belgium (180), the walloon government, as the sole shareholder in sowaer, approves the investment programme and monitors its implementation. sowaer manages, on behalf of the region, the financial holdings in the airport management companies (including bsca) in order to ensure public participation in those companies and that their strategy complies with the guidelines set out by the walloon government. (b) points specific to the measures examined (i) 2002 sowaer/bsca agreement (479) in a decision of 23 may 2001, the walloon government approved sowaer's financial plan. this financial plan includes an investment programme for charleroi airport. it was this programme that was annexed to the 2002 sowaer/bsca agreement. (480) the amount of the fee remaining to be paid by bsca for the provision of the infrastructure and certain services depends on the subsidy paid by the region to bsca to cover the fixed fee. (ii) 2003 investment decision (481) in a decision of 3 april 2003, the walloon government officially noted the 2003 investment programme. (iii) capital increase subscribed by sowaer in 2002 (482) in its decision of 23 may 2001 on the sowaer financial plan, the region confirmed the principle of successive capital injections in the companies managing the walloon airports (181). at that time the sowaer financial plan suggested a capital investment in bsca in the amount of +/ bef 60 million followed by, spread over three years, three times 30 million (capital of 600 million with sowaer holding 25 %, i.e. 150 million), i.e. a capital injection of eur 3,718 million spread over three years. (483) the commission concludes from the above that the 2002 agreements, the 2002 capital increase and the 2003 investment decision constitute measures imputable to the state. 6.1.4. distortion of competition and effect on trade (484) as the manager of charleroi airport, bsca is in competition with the managers of other airport platforms serving the same catchment area. the commission notes in particular that brussels airport is 69 km away by road, li ge 78 km, lille-lesquin 121 km and maastricht-aachen airport 126 km (182). these airports that are in competition with charleroi airport are located in belgium or other member states. (485) bsca's website confirms this international dimension of charleroi airport, which is located 45 minutes from the centre of brussels, to the south of the netherlands, to the north-west of france and luxemburg, and to the west of germany, 2 hours by road from major cities such as cologne, paris and amsterdam. its catchment area contains 5 million potential passengers who are less than 1 hour away by road and more than 15 million who are less than 2 hours away. (183) (486) the measures granted to bsca, insofar as they give the latter an economic advantage, encourage airlines and passengers to choose charleroi airport and therefore its manager bsca rather than airports serving the same catchment area, including airports situated in other member states. they therefore threaten to distort competition between airport managers and affect trade between member states. 6.1.5. conclusion on the existence of aid granted to bsca (487) in the light of the above, the commission takes the view that the 2002 agreements and the 2003 investment decision constitute state aid granted to bsca. the commission cannot rule out that bsca's capital increase subscribed by sowaer in 2002 may also constitute state aid granted to bsca. 6.2. existence of state aid granted to ryanair (488) in order to determine whether the measures granted to ryanair constitute state aid, the commission will firstly examine whether the 2010 amendment is imputable to the state (section 6.2.1). it will then examine whether the other measures granted to ryanair give the latter an advantage (section 6.2.2). 6.2.1. imputability to the state of the 2010 amendment (489) in this section, the commission will examine whether the conclusion of the 2010 amendment is imputable to the state. as found by the court of justice in the stardust judgment (184), the mere fact that a[n] undertaking is under state control is not sufficient for measures taken by that undertaking to be imputed to the state. it is also necessary to examine whether the public authorities must be regarded as having been involved, in one way or another, in the adoption of those measures. the stardust judgment also states that the imputability to the state of an aid measure taken by a public undertaking may be inferred from a set of indicators arising from the circumstances of the case and the context in which that measure was taken. (a) with regard to the capital ownership and the votes attached to shares issued by the undertaking: (490) on 6 december 2010 when the 2010 amendment to the contract with ryanair was concluded, bsca's capital was owned as follows: 22,56 % by sowaer, a company wholly owned by the region and under its exclusive control, 27,65 % by sogepa (soci t wallonne de gestion et de participation), a company wholly owned by the region and under its exclusive control, which is the region's financial arm for assistance given to restructuring businesses, 19,16 % by sambrinvest, a venture capital company 50 % owned by the region and under the joint control of the region and private shareholders (185), 2,32 % by igretec (intercommunale pour la gestion et la r alisation d'etudes techniques et economiques), 27,65 % by belgian airports, a wholly private company consisting of the italian group save and the belgian company holding communal sa. as sowaer and sogepa held over half of bsca's shares and were themselves wholly owned by the region, the public authorities owned the majority of bsca's capital and held the majority of the votes attached to those shares. (b) with regard to the possibility of appointing over half of the members of the board of directors: (491) when the amendment was concluded on 6 december 2010, bsca's articles of association applicable at the time stipulated as follows (186): the board of directors of bsca shall consist of a maximum of 19 members: (i) 12 directors appointed on the proposal of category a shareholders (187); (ii) 4 directors appointed on the proposal of category c shareholders (188); (iii) 3 independent directors, with 2 appointed on the proposal of category a shareholders, whose candidatures must have been approved in advance by the region, and 1 independent director appointed on the proposal of category c shareholders with regard to the 12 directors referred to in point (i), two shall be proposed by sambrinvest, one by igretec and two by sogepa candidates proposed by category a shareholders shall always be approved in advance by the walloon region, except, however, for those proposed by igretec, sambrinvest and sogepa. (492) the majority of directors (12 out of 19) were therefore appointed: either with the region's approval (9 directors, including 7 appointed by category a shareholders and 2 independent directors), or on the proposal of entities under the region's exclusive control (3 directors appointed on the proposal of igretec and sogepa). (493) even excluding the two independent directors, the majority of directors (10) were appointed either with the region's approval (7) or on the proposal of entities under the region's exclusive control (3). (494) the three criteria laid down by the transparency directive were therefore met at the time when the 2010 amendment was concluded. however, these criteria only allow the dominant influence of the public authorities to be presumed. as indicated by article 2 of the transparency directive, the rules in force should also be examined to determine whether the public authorities had a dominant influence. (c) with regard to the rules in force determining whether the public authorities had a dominant influence: (495) article 4.2.3 of the june 2009 shareholders' agreement between sowaer, sogepa, sambrinvest and igretec, on the one hand, and belgian airports (save), on the other hand, as reflected by article 16 of bsca's articles of association in force at the time when the 2010 amendment was concluded, stipulates that category c directors, appointed on the proposal of belgian airports, have a right of veto over certain categories of decision: decisions shall be taken by the board of directors by a simple majority of votes, except for decisions concerning the following matters, which shall also require the agreement of all category c directors: (i) any amendment to the business plan; (ii) the adoption of new business plans on the expiry of the business plan 2009-2012 and any amendment to such plans; (iii) any decision deviating from the current business plan without formally amending it; (iv) the adoption of the company's annual budget (particularly with regard to developments, investments, projects, studies, equipment, indirect and staff costs) and any amendment to the budget exceeding eur 100 000; (v) the proposal to amend the dividend policy, to be submitted to the general meeting; (vi) the approval of any contract or agreement between the company and the walloon region or any company directly or indirectly controlled by the latter; (vii) the relationship between the company and ryanair; (viii) the appointment and removal of the chief executive officer; (ix) any company decision concerning or involving facts stated in a complaint submitted by belgian airports to sowaer in accordance with the share sale agreement; (x) any decision concerning the relationship between bsca and bsca security in terms of security; and (xi) the conclusion, amendment of terms, termination or abandonment of any joint venture or strategic collaboration other than with the shareholders of save or associated companies. (496) the commission concludes that, at the time when the 2010 amendment was concluded, no major decision on the management of bsca's affairs could have been taken without the approval of belgian airports. bsca was therefore under the joint control of its private and public shareholders and, as a result, was not under the dominant influence of the public shareholders alone. (497) in this respect, it should be noted that belgian airports' right of veto covered the relationship between bsca and ryanair (see point (iv) of recital 495). without the approval of belgian airports, bsca was therefore unable to implement any instructions from the public authorities on the conclusion of the 2010 amendment. (498) moreover, an examination of the minutes of the board of directors' meetings on the conclusion of the 2010 amendment, particularly the minutes of the meetings of 25 february and 29 april 2010, does not reveal the existence of any such instructions. (499) during its meeting on 25 february 2010, bsca's board of directors unanimously approved the proposed agreement with ryanair. (500) the commission therefore concludes that bsca's decision to conclude the 2010 amendment to the contract with ryanair is not imputable to the state. 6.2.2. application of the market economy operator test (501) in order to determine whether a state measure constitutes aid, it is necessary to establish whether the recipient undertaking receives an economic advantage that it would not have obtained under normal market conditions (189). (502) in order to determine whether (i) the 2001 agreements, (ii) the ministerial order of 11 june 2004 and the bsca letter of 24 june 2004, (iii) the 2005 amendment and (iv) the sale by bsca of its shares in promocy have given an advantage to ryanair, the commission has examined whether, in adopting these measures, the entity having granted them acted as a market economy operator. 6.2.2.1. determination of the entity having granted the measures (503) in paragraph 102 of its judgment of 17 december 2008 on the 2004 decision, the general court concluded that the commission's refusal to examine together the advantages granted by the walloon region and by bsca and to apply the private investor principle to the measures adopted by the walloon region in spite of the economic links binding those two entities is vitiated by an error in law. (504) in order to apply the market economy operator test to (i) the 2001 agreements, (ii) the ministerial order of 11 june 2004 and the bsca letter of 24 june 2004, (iii) the 2005 amendment and (iv) the sale by bsca of its shares in promocy, the commission will therefore consider, given the economic and functional links between the region/sowaer and bsca at the time when these measures were granted (190), that the entity having granted the measures is the group consisting of the region, sowaer and bsca (hereinafter region-sowaer-bsca). (505) consequently, the two 2001 contracts must be regarded as a single measure (hereinafter the 2001 contracts). likewise, the ministerial order of 11 june 2004 and the bsca letter of 24 june 2004 (hereinafter the 2004 provisional commercial framework) must be regarded as a single measure. (506) furthermore, in order to apply the market economy operator test, the cash flows between the three entities will be ignored and their accounts will be consolidated. 6.2.2.2. application of the market economy operator test (507) in order to determine whether the measures defined in section 3.2 pass the market economy operator test, the commission has examined, in accordance with point 53 of the aviation guidelines (191), if: (a) the price charged for the airport services corresponds to the market price; or (b) it can be demonstrated through an ex ante analysis that the agreements with ryanair were intended to lead to a positive incremental profit contribution for the group consisting of the region-sowaer-bsca. (a) comparison of the prices charged for airport services at charleroi with the market price (508) the commission has strong doubts that, at the present time, an appropriate benchmark can be identified to establish a true market price for services provided by airport managers. (509) the application of the market economy operator test using an average price observed in other similar markets may prove conclusive where a market price can be reasonably identified or deduced from other market indicators. however, this method may not be as relevant in the case of airport services. the revenue and cost structure tends to differ significantly from airport to airport. these costs and revenues depend on the airport's state of development, number of airlines operating from/to the airport, available capacity in terms of passenger traffic, state of the infrastructure, the regulatory burden, which may vary from member state to member state, and historical debts and obligations of the airport (192). (510) moreover, the liberalisation of the air transport market complicates any comparative analysis. as the present case amply demonstrates, commercial arrangements between airports and airlines are not necessarily based on a list of public prices for individual services. these commercial relationships vary widely. they include the sharing of risks in terms of traffic and of correlative commercial and financial responsibilities, the generalised use of incentive mechanisms (for example, in the form of discounts connected with the number of links or passengers carried), and variations in the distribution of risk over the term of contracts. as a result, it is difficult to compare transactions based on a price per rotation or per passenger. (511) ryanair argues that the market economy operator principle can be applied based on a comparison with the commercial arrangements of other european airports. ryanair cites a study by oxera from 2 october 2011, which proposes glasgow prestwick and liverpool john lennon airports as comparators. (512) however, the commission has strong doubts that these two benchmarks are relevant for assessing the situation of charleroi airport, given that the revenue structure of glasgow prestwick airport is heavily based on cargo, which does not exist at charleroi. moreover, both airports have apparently received public funding in recent years. (513) in addition, as indicated above, the transactions to be analysed consist of several prices, i.e. in particular the various airport charges, the price of ground handling services and, for certain measures, the contributions to promocy for marketing activities. each of these transactions therefore leads to a complex set of cash flows between the airport manager and the airline and its subsidiaries. (514) accordingly, a comparison between just the airport charges invoiced by bsca to ryanair and the airport charges invoiced at the comparison airports would not provide any useful indication as to compliance with the market economy operator principle. at the very least, in order to validly compare the transactions covered by this assessment, it would be necessary to identify, for the airports in the comparison sample, a set of comparable transactions, which must particularly include equivalent marketing services and equivalent ground handling services. identifying such a sample of comparable transactions would prove impossible, given that the transactions covered by this assessment are so complex and specific, and all the more so as the prices of ground handling services and marketing services are rarely made public and would be difficult to obtain in order to form a basis for comparison. (515) lastly, assuming that it could be established, based on a valid comparative analysis, that the prices applied in the various transactions covered by this assessment were equivalent to or higher than the market prices established using the sample of comparison transactions, the commission could not, however, conclude that those transactions corresponded to the market price if it proved that, on their conclusion, the airport manager may have expected them to lead to incremental costs higher than the incremental revenues. a market economy operator would not in fact be interested in offering goods or services at the market price if this led to an incremental loss. (516) the commission considers it appropriate to reiterate in the context of this analysis that, following the adoption of the aviation guidelines, both belgium and the interested parties were invited to submit comments on the application of those guidelines to the present case. in the event, neither belgium nor the interested parties, except for ryanair, disputed in substance the commission's approach according to which, where an appropriate benchmark cannot be identified to establish a true market price for the services provided by airports to airlines, the most relevant criterion for assessing the arrangements concluded between these two parties is an ex ante incremental profitability analysis. (b) ex ante analysis of the profitability of measures (517) in the light of the above, the commission considers that the approach generally recommended in the aviation guidelines for applying the market economy operator test to relationships between airports and airlines, namely the ex ante incremental profitability analysis, must be applied to the present case. this approach is justified by the fact that an airport manager may have an objective interest in concluding a transaction with an airline where it may reasonably expect this transaction to improve its profits (or reduce its losses) compared to a counterfactual situation in which this transaction is not concluded (193), regardless of any comparison with the conditions offered to airlines by other airport managers, or even with the conditions offered by the same airport manager to other airlines. (518) as stated by point 63 of the aviation guidelines, the commission considers that arrangements concluded between airlines and an airport can be deemed to satisfy the meo test when they incrementally contribute, from an ex ante standpoint, to the profitability of the airport. the airport should demonstrate that, when setting up an arrangement with an airline , it is capable of covering all costs stemming from the arrangement, over the duration of the arrangement, with a reasonable profit margin on the basis of sound medium-term prospects (194). (519) the commission stresses that the criterion indicated in point 63 of the aviation guidelines reflects the logic of the market economy operator test, but that this criterion, which refers to the arrangements concluded between specific airports and airlines rather than to a general business plan as is usually the case when applying the market economy operator test, has only recently been introduced. consequently, the commission admits that it may be difficult for member states and the operators concerned to provide documents dating from the moment when the measure was granted and precisely meeting the requirements in point 63 of the aviation guidelines, where these arrangements were concluded some years previously. the commission will take these considerations into account when applying the market economy operator test to the agreements with ryanair. (520) according to point 64 of the aviation guidelines, in order to assess whether an arrangement concluded by an airport with an airline satisfies the meo test, expected non-aeronautical revenues stemming from the airline's activity should be taken into consideration together with airport charges, net of any rebates, marketing support or incentive schemes. similarly, all expected costs incrementally incurred by the airport in relation to the airline's activity at the airport should be taken into account in contrast, costs which the airport would have to incur anyway independently from the arrangement with the airline should not be taken into account in the meo test (the footnotes have not been reproduced). (521) furthermore, according to point 66 of said guidelines, when assessing airport/airline arrangements, the commission will also take into account the extent to which the arrangements under assessment can be considered part of the implementation of an overall strategy of the airport expected to lead to profitability at least in the long term (195). (522) the commission has therefore applied the market economy operator test to the following measures, in line with the principles set out above: (i) 2001 contracts (523) in order to determine whether the 2001 contracts contributed, from an ex ante point of view, to the profitability of the entity having granted the aid, in accordance with point 63 of the aviation guidelines, the commission has assessed whether the net present value (hereinafter npv) of the 2001 contracts was positive for the entity region-sowaer-bsca. the counterfactual scenario is a situation in which the 2001 contracts would not have been concluded and the entity region-sowaer-bsca would have chosen to waive the revenue generated by the additional traffic resulting from the contracts in question, and not to bear the costs created by this same traffic. recreation of an incremental business plan (524) prior to the 2001 agreements, bsca drew up a business plan. however, on the one hand, this business plan covered not only the revenue received from the traffic generated by ryanair, but also the revenue received from the traffic generated by other airlines. on the other hand, it identified the revenue and costs of bsca only, whereas, in order to apply the market economy operator test, it should be considered that the entity that concluded the 2001 contracts with ryanair was the entity region-sowaer-bsca. this business plan can therefore be used as a source of information, but must be reworked so that it can be used to apply the market economy operator test. (525) the commission has therefore recreated what would have been a business plan produced by the entity region-sowaer-bsca in order to assess the expected profitability of these contracts, with only the revenue and costs of the incremental economic activities associated with these contracts being included. to this end, the commission started with bsca's general business plan (i.e. covering all the airport's activities and not just the specific effect of the 2001 contracts), as available prior to the conclusion of the 2001 contracts. using this general business plan, the commission constructed an incremental business plan including only the incremental economic activities (i.e. taking into account only the revenue and costs associated with ryanair's traffic), by isolating the incremental traffic, costs and revenue to be expected from the contracts with ryanair on their conclusion (196). the commission then created a business plan for the entity region-sowaer-bsca by adding the incremental costs and revenue of the region and sowaer associated with these contracts and by neutralising the internal flows within the entity region-sowaer-bsca. expected incremental costs expected incremental investment costs (526) in order to determine whether part of the investment costs should be taken into account in the expected incremental investment costs due to the 2001 contracts, the commission examined, in accordance with point 64 of the aviation guidelines, whether the investment programme for charleroi airport was decided in connection with the 2001 contracts or independently from those agreements. (527) the commission found that, at the end of the 1990s, i.e. before the 2001 contracts were signed, the region wanted to develop the airport in order to boost economic activity within its territory. accordingly, in its regional policy declaration approved on 15 july 1999, the walloon parliament recognised that the regional airports constituted important centres of economic development and job creation for the walloon region (197). in a note of 8 november 2000 to the walloon government (this note was intended to inform the walloon government with a view to a decision approving the investment programme), the minister with responsibility for the economy stressed that it was vital, in order to allow the airport to play its role as a regional economic lever, to equip it with a complete infrastructure in the context of its comprehensive development. (528) according to belgium, at the end of the 1990s (and therefore before the 2001 agreements), due to technical constraints associated with the existing infrastructure (198), it was clear that a new terminal needed to be built in the northern part of the site. land had already been compulsorily purchased by the intercommunal body igretec, which was responsible for creating the a rop 'le airport business park. the region had itself compulsorily purchased further land during the 1990s, and in 1999 igretec transferred to the region the land that it had purchased. it was on this land that the new passenger terminal was built. (529) during a session on 20 july 2000, the region approved the outlines of a framework agreement on a multiannual investment programme for charleroi airport, referring in particular to the concept of a new passenger terminal, with a total budget of eur 113 740 000. on 8 november 2000 the region adopted a decision implementing its decision of 20 july 2000, amending the assumptions of the multiannual investment programme. although these decisions did not legally bind the region, they show that the region had laid the foundations of the investment programme well before the 2001 contracts were signed. (530) the decision of 8 november 2000 was particularly based on a note from the minister with responsibility for the economy, which referred to two studies ordered by the region and carried out at the end of the 1990s/beginning of the 2000s: a study conducted by the international air transport association (hereinafter iata): this study identified three options for developing passenger traffic at charleroi airport, based on assumptions of growth in the number of passengers for scheduled, charter and business flights, a study conducted by tractebel, which was completed in april 2000: the aim of this study was to establish an infrastructure development plan based on the commercial assumptions (high scenario) of the iata study. the summary of these studies presented by the minister to the walloon government refers to general traffic assumptions, which are not presented as being connected with a particular company or future contract. (531) on 31 july 2001 a strategic guidance note, accompanying the 2001 bsca business plan, was presented to bsca's board of directors. this note indicated that bsca should target low-cost airlines and possibly airlines from eastern countries. it stressed that it was vital for bsca to attract new airlines (over and above ryanair) and that charleroi airport should position itself as a potential destination for the new bases to be opened by low-cost airlines in the future. (532) the 2001 bsca business plan also confirms that the investments and in particular the construction of the new terminal were envisaged not only in terms of meeting the needs of ryanair, but also meeting the needs of all airlines that charleroi airport could attract. in fact, according to this business plan, the number of departing passengers carried by ryanair was expected to grow only from 360 000 to 700 000 passengers by 2015 (see table presented in recital 536). this growth was mainly expected to occur in 2001-2003, i.e. before the opening of the new terminal, which was planned at the time for 2005. the region and bsca therefore expected that the increase in traffic facilitated by these investments would stem from airlines other than ryanair. (533) the region and bsca did not therefore make the investments with a view to specifically increasing the number of ryanair passengers, but to enable the significant traffic potential, which was not specifically linked to one airline, to be realised. the commission therefore concludes that these investments cannot be specifically attributed to ryanair. as a result, it is not relevant to attribute incremental investment costs to the 2001 contracts. expected incremental operating costs (534) the expected incremental operating costs due to the 2001 contracts are equal to the expected operating costs directly attributable to ryanair, to which the commission has added part of the expected indirect operating costs in proportion to the number of ryanair passengers compared to the total number of passengers. the commission stresses that if, in this case, the net present value of the 2001 contracts is positive, this would be even more true if the expected incremental operating costs had been determined using a linear regression, as proposed in the study submitted for ryanair by oxera. expected incremental revenue (535) contrary to ryanair's opinion, the commission analysis has excluded any residual value of the contract with ryanair, because the long-term effect of advertising on total traffic at charleroi is undocumented and difficult to measure. net present value of the 2001 contracts (536) the results of the net present value calculation are presented in table 21. they reveal a positive incremental contribution by ryanair for all the years concerned. table 21 expected cash flows due to the 2001 measure 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 number of ryanair departing passengers 360 000 600 000 700 000 700 000 700 000 700 000 700 000 700 000 700 000 700 000 700 000 700 000 700 000 700 000 700 000 total number of departing passengers 384 400 627 800 732 800 797 800 867 800 931 034 1 078 275 1 208 523 1 333 779 1 459 042 1 524 314 1 565 343 1 608 418 1 653 642 1 701 120 revenue per departing passenger passenger fee 7,00 7,00 7,00 7,00 7,00 7,50 7,50 8,00 8,00 8,00 8,00 8,00 8,00 8,00 8,00 boarding fee 1,00 1,00 1,00 1,00 1,00 1,13 1,13 1,13 1,13 1,13 1,30 1,30 1,30 1,30 1,30 fuel [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] [0,3-0,7] duty free shop [3-4] [3-4] [3-4] [3-4] 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 other shops [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] horeca [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] car park [2-4] [2-4] [2-4] [2-4] [2-4] [2-4] [2-4] [2-4] [2-4] [2-4] [2-4] [2-4] [2-4] [2-4] [2-4] handling [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] sales commission [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] total [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] costs per departing passenger promotional contribution 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 duty free shop purchases [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 environment fund other goods and services [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] wages and social security contributions [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] sub-total [10-13] [10-13] [10-13] [10-13] [10-13] [10-13] [10-13] [10-13] [10-13] [10-13] [10-13] [10-13] [10-13] [10-13] [10-13] marketing contribution 1,21 1,23 1,17 0,55 0,23 0,23 0,23 0,11 0,00 0,00 0,00 0,00 0,00 0,00 0,00 total [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] total revenue per ryanair departing passenger [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] [14-17] total cost per ryanair departing passenger [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] [10-14] incremental contribution per ryanair passenger [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] [1,5-5,5] total incremental contribution of ryanair (eur million) [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] [0,5-4] (537) as ryanair's incremental contribution is positive for all the years concerned, the net present value of the contract will necessarily be positive, regardless of the weighted average cost of capital in question. (538) by way of illustration, however, the commission has calculated the npv based on an average cost of between 8,7 % and 9 %. the discount rate used to calculate the npv of contracts is the weighted average cost of capital of the entity granting the aid at the moment when the aid is granted. in the present case, the revenue and costs associated with the contract with ryanair affect the accounts of bsca. the commission has therefore chosen to use bsca's capital cost as the discount rate. the calculation of the weighted average capital cost for bsca is based on a number of assumptions: financing solely through equity, a risk premium of 5,51 % (199), a beta of 0,69 (199), a pre-tax cost of capital invested without risk between 4,9 % and 5,2 %, a tax rate of 40,2 %. (539) therefore, as an illustration, based on an average rate between 8,7 % and 9 %, i.e. 8,85 %, the commission has concluded that the net present value was positive at eur 19,5 million. table 22 net present value (npv) of the 2001 measure (eur million) discount rate of 8,85 % npv 19,5 this positive npv and the positive contributions for all the years concerned show that the 2001 contracts could be expected to increase the profitability of the region-sowaer-bsca. (540) with regard to the region's undertaking to compensate ryanair for the losses that the airline might incur due to a possible change in the level of airport charges or opening hours during the years 2001 to 2016, the commission notes that this compensation may not exceed the loss directly incurred by ryanair due to the change. as a result, if the region were to pay compensation to ryanair under this provision, ryanair would not be in a more favourable situation than it would have been if the region had respected its undertaking. this provision does not therefore give ryanair an additional advantage. (541) furthermore, in accordance with point 66 of the aviation guidelines, these agreements form part of an overall strategy expected to lead the airport to profitability at least in the long term. bsca's strategy was to develop traffic at charleroi airport with the specific aim of increasing its revenue and thereby better covering its fixed costs and becoming profitable. to that end, bsca decided to focus on the niche market of short- and medium-haul point-to-point flights, and in particular on low-cost flights. bsca based this strategy on studies commissioned from outside consultants at the end of the 1990s. according to some of these studies (200), charleroi airport enjoyed comparative advantages in terms of developing in this segment, particularly its low costs. accordingly, a bsca strategic guidance note of 31 july 2001 indicated that bsca's objective was to reach 2,5 to 3 million passengers (201) by 2010, which, according to this note, does not seem unrealistic given the establishment of ryanair's base and the growth in air transport. the 2001 agreements therefore formed part of this strategy to grow traffic and revenue. (542) as the market economy operator test is satisfied, the 2001 contracts do not constitute state aid. (ii) 2004 provisional commercial framework (543) in order to determine whether the 2004 commercial framework contributed, from an ex ante point of view, to the profitability of the entity having granted the aid, in accordance with point 63 of the aviation guidelines, the commission has assessed whether the npv of the 2004 commercial framework was positive for the entity region-sowaer-bsca. the counterfactual scenario to the decision to adopt the 2004 commercial framework is having no contract with ryanair and therefore waiving the incremental revenue and costs associated with ryanair's traffic. (544) on 22 january 2004, prior to the conclusion of the 2004 provisional commercial framework, bsca updated its business plan. according to belgium, the business plan of 22 january 2004 was prepared in the wake of the 2004 decision with a view to confirming the new proposal to be made to ryanair (202). however, on the one hand, this business plan covers not only the revenue received from the traffic generated by ryanair, but also the revenue received from the traffic generated by other airlines. on the other hand, it identifies the revenue and costs of bsca only, whereas, in order to apply the market economy operator test, it should be considered that the entity that concluded the 2004 provisional commercial framework with ryanair was the entity region-sowaer-bsca. (545) the commission has therefore recreated a business plan for the entity region-sowaer-bsca, which contains only the revenue and costs of the economic activities associated with the 2004 commercial framework. to this end, the commission started with bsca's general business plan of 22 january 2004 and applied the same methodology as that used for the 2001 contracts and described in recital 525. (546) in order to determine the incremental costs attributable to the 2004 provisional commercial framework, the commission in particular examined whether the region, sowaer or bsca were expected to make certain investments due to the 2004 commercial framework. as a reminder, the 2004 commercial framework was put in place in order to fill the legal vacuum left by the annulment of the 2001 contracts following the commission's 2004 decision. under this commercial framework, the group consisting of the region-sowaer-bsca was not required to make new investments. the investments under the 2002 sowaer/bsca agreement and the 2003 investment programme had already been decided and the work had started. in addition, as indicated in recital 533, the investment programme included in the 2002 sowaer/bsca agreement would probably have been adopted even in the absence of the contracts with ryanair. the same is true for the 2003 revision of the investment programme, which formed part of the same logic to develop the airport with, if possible, a diverse customer base in terms of airlines. the commission therefore concludes that it is not relevant to attribute incremental investment costs to the 2004 provisional commercial framework. (547) based on those assumptions, the commission has determined that the relevant cash flows for analysing the profitability of the 2004 commercial framework are as follows: table 23 expected cash flows due to the 2004 measure 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 number of ryanair departing passengers 1 033 941 1 223 941 1 223 941 1 223 941 1 223 941 1 223 941 1 223 941 1 223 941 1 223 941 1 223 941 1 223 941 1 223 941 total number of departing passengers 1 099 944 1 292 535 1 295 174 1 346 381 1 397 587 1 448 794 1 500 000 1 500 000 1 500 000 1 500 000 1 500 000 1 500 000 revenue per departing passenger passenger fee 7,00 7,00 7,50 7,50 8,00 8,00 8,00 8,00 8,00 8,00 8,00 8,00 boarding fee 1,00 1,00 1,13 1,13 1,13 1,13 1,13 1,30 1,30 1,30 1,30 1,30 handling [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] [1-1,3] fuel [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] commercial concessions [5-9] [5-9] [5-9] [5-9] [5-9] [5-9] [5-9] [5-9] [5-9] [5-9] [5-9] [5-9] total [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] costs per departing passenger promotional contribution 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 4,00 other goods and services [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] wages and social security contributions [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] sub-total [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] launch costs 0,34 0,18 0,04 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 total [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] total revenue per ryanair departing passenger [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] [14-20] total cost per ryanair departing passenger [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] [9,5-11,5] incremental contribution per ryanair passenger [3-9] [3-9] [3-9] [3-9] [3-9] [3-9] [3-9] [3-9] [3-9] [3-9] [3-9] [3-9] total incremental contribution of ryanair (eur million) [3-11] [3-11] [3-11] [3-11] [3-11] [3-11] [3-11] [3-11] [3-11] [3-11] [3-11] [3-11] (548) these flows reveal a positive incremental contribution by ryanair for all the years concerned. accordingly, the commercial framework necessarily has a positive net present value, regardless of the weighted average cost of capital chosen. (549) however, by way of illustration, in order to calculate the npv of the 2004 measure, the commission has determined the discount rate to be used. this rate is the weighted average cost of capital of the entity granting the aid at the moment when the aid is granted. as indicated in recital 538, the commission has used bsca's weighted average cost of capital. based on the following assumptions, the commission has estimated that this rate was 9,7 %: financing solely through equity, a risk premium of 5,72 % (203), a beta of 0,95 (203), a pre-tax cost of capital invested without risk between 4,2 % and 4,4 %. (550) the following table gives the result of the net present value calculation for the 2004 commercial framework, based on a discount rate of 9,7 %. table 24 net present value (npv) of the 2004 measure (eur million) discount rate of 9,7 % npv 53 this positive npv confirms that the 2004 commercial framework could be expected to increase the profitability of the region-sowaer-bsca. (551) point 66 of the aviation guidelines states that agreements must form part of an overall strategy expected to lead the airport to profitability at least in the long term. in this respect, during its meeting on 15 april 2004, bsca's board of directors took note of the proposals made to ryanair and instructed the chief executive officer to validate the bsca business plan and measure any consequences of these proposals. the overall analysis must also confirm, in all respects, that the sustainability and future of the airport are not in any way jeopardised and that bsca has sufficient room for manoeuvre in the long term in order to pursue its development. during its next meeting on 6 may 2004, the board of directors noted that the proposals recently discussed in dublin with ryanair representatives may, given the airport's foreseeable development, ensure that charleroi keeps the ryanair operations under the conditions of the original business plan as the original business plan was itself part of a long-term development strategy, the commission therefore concludes that the 2004 commercial framework fell within the same strategy. (552) as the market economy operator test is satisfied, the 2004 commercial framework does not constitute state aid. (iii) 2005 contract (553) in order to determine whether the 2005 contract contributed, from an ex ante point of view, to the profitability of the entity having granted the aid, in accordance with point 63 of the aviation guidelines, the commission has assessed whether the npv of the 2005 contract was positive for the entity region-sowaer-bsca. the counterfactual scenario is no longer having any agreement with ryanair after the expiry, in march 2006, of the bsca letter to ryanair of 24 june 2004. (554) in order to calculate the npv, the commission has recreated a business plan for the entity region-sowaer-bsca, which contains only the revenue and costs of the economic activities associated with the 2005 contract. to this end, the commission started with bsca's general business plan of 24 january 2004, which, according to belgium, is the business plan prepared in the wake of the 2004 decision with a view to confirming the new proposal to be made to ryanair, and which led to the proposal sent to ryanair on 9 december 2005 (204). the commission then applied the same methodology as that used for the 2001 contracts and described in recital 525. (555) in order to determine the incremental costs attributable to the 2005 contract, the commission in particular examined whether the region, sowaer or bsca were expected to make certain investments due to the 2005 contract. under this contract, the group consisting of the region-sowaer-bsca was not required to make new investments. the investments under the 2002 sowaer/bsca agreement and the 2003 investment programme had already been decided and the work had started. in addition, as indicated in recital 533, the investment programme included in the 2002 sowaer/bsca agreement would probably have been adopted even in the absence of the contracts with ryanair. the same is true for the 2003 revision of the investment programme, which formed part of the same logic to develop the airport with, if possible, a diverse customer base in terms of airlines. the commission therefore concludes that it is not relevant to attribute incremental investment costs to the 2005 contract. (556) based on those assumptions, the commission has determined that the relevant cash flows for analysing the profitability of the 2005 measure are as follows: table 25 expected cash flows due to the 2005 measure 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 number of ryanair departing passengers 1 155 498 1 258 976 1 499 999 1 749 999 1 749 999 1 749 999 1 749 999 1 749 999 1 749 999 1 749 999 total number of departing passengers 1 226 732 1 381 415 1 644 635 1 894 635 1 894 635 1 894 635 1 894 635 1 894 635 1 894 635 1 894 635 revenue per departing passenger passenger fee 2,33 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 landing fee [1-1,2] [1-1,2] [1-1,2] [1-1,2] [1-1,2] [1-1,2] [1-1,2] [1-1,2] [1-1,2] [1-1,2] commercial concessions [6-10] [6-10] [6-10] [6-10] [6-10] [6-10] [6-10] [6-10] [6-10] [6-10] handling [3-6] [3-6] [3-6] [3-6] [3-6] [3-6] [3-6] [3-6] [3-6] [3-6] fuel [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] [0,05-0,15] infrastructure access charge [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] [0-0,5] total [12-17] [12-17] [12-17] [12-17] [12-17] [12-17] [12-17] [12-17] [12-17] [12-17] costs per departing passenger promotional contribution 0,92 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 duty free shop purchases environment fund other goods and services [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] [1,5-2,5] wages and social security contributions [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] [4-5] launch costs 0,05 sub-total [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] fixed costs per passenger [0-0,1] 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 total costs per departing passenger [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] [5,5-7,5] total incremental contribution per ryanair departing passenger before investment (eur) [5-10] [5-10] [5-10] [5-10] [5-10] [5-10] [5-10] [5-10] [5-10] [5-10] total incremental contribution of ryanair before investment (eur million) [6-17] [6-17] [6-17] [6-17] [6-17] [6-17] [6-17] [6-17] [6-17] [6-17] (557) these flows reveal a positive incremental contribution by ryanair for all the years concerned. accordingly, the 2005 contract necessarily has a positive net present value, regardless of the weighted average cost of capital chosen. (558) however, by way of illustration, in order to calculate the npv of the 2005 measure, the commission has determined the discount rate to be used. this rate is the weighted average cost of capital of the entity granting the aid at the moment when the aid is granted. as indicated in recital 538, the commission has used bsca's weighted average cost of capital. based on the following assumptions, the commission has estimated that this rate was 9,3 %: financing solely through equity, a risk premium of 5,74 % (205), a beta of 0,97 (205), a pre-tax cost of capital invested without risk between 3,5 % and 3,9 %. (559) the following table gives the result of the net present value calculation for the 2005 contract, based on a discount rate of 9,3 %. table 26 net present value (npv) of the 2005 measure (eur million) discount rate of 9,3 % npv 80,6 this positive npv shows that the 2005 contract could be expected to increase the profitability of the region-sowaer-bsca. (560) as regards the condition stipulated by point 66 of the aviation guidelines, according to which the agreement must form part of an overall strategy expected to lead the airport to profitability, a note of 8 december 2005, intended to present bsca's commercial proposal to ryanair to bsca's board of directors, indicates that the proposal is based on a business plan for 2006-2015. the board of directors is asked to ensure that this plan results in an acceptable level of profitability that is sufficient to absorb the fluctuations expected in the future due to budget forecasts (a footnote indicates that the business plan has been prepared using approximate estimates of costs and revenues). bsca points out that the charges applied for ground handling services must cover the costs and ensure a reasonable profit margin. later on in the note, bsca states that the costs associated with ground handling services and their control represent the key to the proposal made to ryanair. a significant part of these costs is fixed or semi-variable and the cost per passenger is therefore linked to the volume of passengers handled. a minimum number of rotations is specified in the commercial proposal (with ryanair) and failure to meet this minimum would undoubtedly lead to a loss in the ground handling services for bsca. penalties are specified in order to overcome this loss. the commission concludes from this information that, although bsca's commercial proposal to ryanair entailed certain risks in the eyes of bsca particularly the risk that the level of profitability would be insufficient if ryanair's traffic was less than expected this proposal was, however, based on a development strategy through which bsca intended, due to the traffic provided by ryanair, to reduce its costs per passenger and thus ensure a sufficient profit margin. (561) as the market economy operator test is satisfied, the 2005 contract does not constitute state aid. (iv) sale of bsca shares in promocy to ryanair (562) on 31 march 2010 bsca sold its 50 % holding in promocy to ryanair. bsca sold the shares at their book value (i.e. eur 100 per share) for a total amount of eur 31 100. all bsca's risks and obligations as a promocy shareholder were transferred to ryanair. (563) at the time of this sale, promocy's cash resources totalled eur 261 073 (balance of the assets, having deducted the capital and statutory reserve) (206). bsca therefore sold its shares in promocy to ryanair for an amount that was eur 99 436 less than half of promocy's cash resources at the time of the sale. (564) however, belgium stresses that there was a tax dispute ongoing at the time of the sale. bsca would have had to assume half of this liability if it had retained its shares in promocy. that is why, according to belgium, bsca decided to sell its shares at their book value. (565) belgium sent a memorandum on 24 february 2010 to bsca's finance director, for the attention of the board of directors, recommending that it approve the sale by bsca of its shares in promocy at their book value. this memorandum highlighted that promocy had ceased its activities on the conclusion in 2005 of the new contract with ryanair. following the opening of an investigation and then legal proceedings in relation to the aforementioned dispute, it had been decided to leave promocy dormant at that time. subsequently, given the lack of development in the legal case, bsca and ryanair had decided to wind up promocy. according to the memorandum, bsca therefore proposed to ryanair to split the net assets, which at the time were worth approximately eur 350 000. ryanair indicated that it would prefer to empty the net assets through some final marketing operations. given the existence of the legal proceedings, bsca was opposed to resuming marketing operations. in order to break the deadlock, bsca proposed to ryanair that it would sell the latter its shares at their book value, i.e. eur 31 100, based on a signed agreement, with bsca's immediate resignation as a director of promocy. the memorandum indicated that bsca's auditors and legal advisers had given their agreement, aware, as we all are, that this undoubtedly is the only way out. the author of the memorandum recommended that the board of directors approve the sale, which it did unanimously. (566) the commission considers that belgium has provided sufficient information concerning the existence and extent of the dispute, having sent the commission the tax correction notices (207). (567) as a result, the commission takes the view that bsca acted as a market economy operator by opposing the resumption of marketing operations and by proposing to sell to ryanair its shares at their book value in order to break the deadlock. the measure does not therefore constitute state aid. (v) 2010 amendment (568) in section 6.2.1, the commission showed that, when the 2010 amendment was concluded, bsca's resources were not public resources and that, in addition, bsca's decision to conclude the 2010 amendment was not imputable to the state. (569) however, if it were to be considered that this commission conclusion is not founded, that the 2010 amendment was in fact granted through state resources, and that the decision to grant the 2010 amendment was imputable to the state, it should be examined whether the 2010 amendment gave an advantage to ryanair. (570) in this case, it would be relevant to consider that the entity granting the measure is the region-sowaer-bsca. it should therefore be examined whether the region-sowaer-bsca acted as market economy operators by concluding the 2010 amendment. (571) the 2010 amendment stipulates: a general exemption from the fee for passengers with reduced mobility (hereinafter prm), under which ryanair will pay [10-30] euro cents per passenger for the year from 1 february 2009 to 31 january 2010; moreover, the terms of indexation of the prm fee provide for a reduction in this fee proportional to the increase in traffic generated by ryanair (208); a reduction of [10-50] euro cents per ryanair passenger in the ground handling fee. (572) according to belgium, this amendment was the result of negotiations between bsca and ryanair following the reduction for bsca in the costs of ground handling services due to the introduction by ryanair of new procedures, such as charges for hold baggage (which considerably reduced the number of bags to be checked in) and compulsory online check-in of bags. according to belgium, bsca decided to share with ryanair the benefit of this cost reduction in return for ryanair's commitment to base four additional aircraft at charleroi airport. (573) the signature of the amendment of 6 december 2010 stemmed from the following circumstances: ryanair introduced new procedures, such as compulsory online check-in and charges for hold baggage, thus reducing the number of bags to be checked in and allowing bsca to make savings. in may 2009 bsca discussed with ryanair a possible increase in the number of aircraft and a reduction in the ground handling fee following ryanair's introduction of the new procedures. on 30 november 2009 ryanair wrote to bsca (209) proposing to conclude an agreement on a reduction in the ground handling fee of [10-50] euro cents, corresponding to half the savings made by bsca following ryanair's introduction of the new procedures. ryanair also indicated that it did not want to pay anything for prms. in addition, ryanair confirmed its desire to expand at charleroi. on 2 december 2009 the chairman of bsca wrote to ryanair stating that, before examining whether ryanair could be allocated new slots, he would submit, to bsca's board of directors, ryanair's request for a reduction in the ground handling fee. according to belgium, this resulted in an oral agreement on the expansion and cost reduction (belgium indicates that there was no written contract at this stage, given the need to submit the matter to the board of directors and the ongoing discussions on prms). on 8 january 2010 bsca's finance director presented the board of directors with an internal note and financial documents aimed at proving the merits of accommodating four additional aircraft under the agreed conditions (i.e. a reduction of [10-50] euro cents per passenger for handling). these documents consisted of: a projected income statement showing the impact on bsca's results of ryanair basing four additional aircraft at charleroi; a spreadsheet enabling bsca to determine its room for negotiation in granting an additional discount to ryanair on the ground handling fee, while ensuring a sufficient level of profitability for the ground handling services and increased revenue from non-aviation activities (duty free shop, horeca, car parks, bus, etc.). on 24 february 2010 ryanair finally agreed to pay a prm fee of [10-30] euro cents per departing passenger, subject to this sum being reduced in subsequent years in proportion to the growth in ryanair's traffic at charleroi. on 29 april 2010 the draft amendment was discussed by bsca's board of directors. the chief executive officer of bsca indicated that the amendment was already being applied (arrival of four aircraft for the summer 2010 season). on 6 december 2010 bsca and ryanair endorsed the 2010 amendment, which was already being applied. 1. with regard to the reduction of [10-50] euro cents in the ground handling fee, granted by bsca (574) firstly, the commission stresses that this reduction represented only half of the savings made by bsca due to the procedures introduced by ryanair. the commission also notes that ryanair knew (210) the extent of the savings made by bsca, which made the negotiations more difficult for bsca. (575) secondly, the commission admits that it was even more difficult for bsca to refuse this reduction given that ryanair was planning to base four additional aircraft at charleroi. knowing that the ryanair traffic accounted for 3 289 725 passengers in 2009 and assuming that half of those passengers were departing passengers, the reduction of [10-50] euro cents per departing passenger represented a loss of revenue for bsca of eur [500 000-2 000 000], i.e. well below the increase in the ebit (211) of eur [3-7] million that could be expected from the four additional aircraft according to bsca's calculations (212). 2. with regard to the reduction of the prm fee to [10-30] euro cents, granted to ryanair (576) belgium maintains that regulation (ec) no 1107/2006 of the european parliament and of the council (213) provides for the possibility (and not the obligation) of applying a prm fee to recover the costs generated for airports (214). according to belgium, it was extremely difficult for bsca to impose this fee on airlines. bsca tried to obtain a contribution from ryanair towards the cost of organising the prm service, but ryanair always refused to pay the fee envisaged by bsca, because it disputed the amount for a number of reasons (215). according to belgium, the 2010 amendment finally enabled an agreement to be reached with ryanair on the payment of a prm fee, albeit at a lower amount than the standard fee, but at least not zero. (577) the commission notes that ryanair did not pay the prm fee before 2010 and that bsca seemed incapable of imposing the payment of this fee on ryanair. an agreement in this respect, albeit for a reduced amount, therefore improved bsca's profitability. (578) the commission also notes that a reduction to [10-30] euro cents per departing passenger represented a loss of revenue for bsca of approximately eur [100 000-300 000] (216). added to the reduction of [10-50] euro cents per departing passenger in the ground handling fee, bsca's total loss of revenue amounted to approximately eur [0,6-2,3] million, i.e. well below the increase in the ebit (217) of eur [3-7] million that could be expected from the four additional aircraft according to bsca's calculations (218). (579) with regard to the condition stipulated by point 66 of the aviation guidelines, according to which the agreement must form part of an overall strategy expected to lead the airport to profitability, the 2010 amendment appears to be a relatively limited adjustment to the 2005 agreement and not a reworking of that agreement that was itself based on a development strategy through which bsca, due to the traffic provided by ryanair, expected to increase its aviation and non-aviation revenue, while reducing its costs per passenger, thus ensuring a sufficient profit margin in the more or less long term. (580) if it were to be considered that the 2010 amendment was granted through state resources and that the decision to grant the 2010 amendment was imputable to the state, then it should be concluded that the region-sowaer-bsca acted as market economy operators in concluding the 2010 amendment and that the latter does not constitute state aid. 6.2.3. conclusion on the existence of state aid granted to ryanair (581) the commission concludes that: the 2010 amendment was not granted through state resources and that the decision to grant the 2010 amendment was not imputable to the state, (i) the 2001 agreements, (ii) the ministerial order of 11 june 2004 and the bsca letter of 24 june 2004, (iii) the 2005 amendment and (iv) the sale by bsca of its shares in promocy satisfy the market economy operator test. the measures granted to ryanair do not therefore constitute state aid. 6.3. compatibility with the internal market of the aid granted to bsca (582) as concluded in recital 487, the 2002 agreements and the 2003 investment decision constitute state aid granted to bsca. this aid stems from the fact that the 2002 agreements and the 2003 investment decision provide for a concession fee that it is too low with regard to the infrastructure placed at bsca's disposal by the region-sowaer, the services provided and the subsidies granted. this situation will apply until the expiry of the property sub-concession granted to bsca, i.e. 2040. this aid therefore enables bsca to reduce its operating costs, in this case the concession fee. it consequently constitutes operating aid, which has been received since 2002 and will continue to be received until 2040 unless corrective measures are adopted to alter the methods for calculating the concession fee. it should also be noted, in order to rule out the argument that this aid may constitute investment aid, that it is sowaer, and not bsca, that is responsible for implementing and financing the investment programme annexed to the sowaer/bsca agreement and that sowaer owns the buildings and infrastructure in which these investments are made. the aid identified by the commission does not therefore lessen the investment costs that bsca should normally incur and does not therefore constitute investment aid, but rather operating aid. (583) the aim of this section is to determine whether this operating aid granted to bsca may be compatible with the internal market. furthermore, as concluded in recital 487, the commission cannot rule out that bsca's capital increase subscribed by sowaer in 2002 may also constitute state aid granted to bsca. as this involves a capital increase, if this measure does constitute aid, it is also operating aid. the commission will therefore include this capital increase in its compatibility analysis, based on the assumption that it does constitute aid. 6.3.1. compatibility on the basis of article 106(2) tfeu. (584) according to belgium (see section 5.1.2.2), the subsidy paid by the region for certain services associated with the airport activities, assuming that the commission considers that this constitutes aid, is in any event compatible with the internal market on the basis of article 106(2) tfeu. (585) in recital 410, the commission set out the reasons why it considers that the economic services for which the region pays a subsidy cannot be qualified as services of general economic interest. (586) moreover, the commission considers that the compatibility of the measure resulting from the 2002 agreements should be examined as a whole (namely, the concession fee below market price, given the subsidies paid by the region to bsca), and not just the compatibility of the region's subsidy. (587) the commission concludes that the measures granted to bsca cannot be regarded as compatible with the internal market on the basis of article 106(2) tfeu or on the basis of the decisions and frameworks based on article 106(2) tfeu. 6.3.2. compatibility on the basis of article 107(3) tfeu. (588) in accordance with article 107(3)(c) tfeu, aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest, may be considered to be compatible with the internal market. (589) under point 172 of the aviation guidelines, which came into force on 4 april 2014, the commission will apply the principles set out in these guidelines to all cases concerning operating aid (pending notifications and unlawful non-notified aid) to airports even if the aid was granted before 4 april 2014 and the beginning of the transitional period. (590) according to certain parties, the application of the aviation guidelines to aid granted before said guidelines entered into force would be contrary to the general principles of law (see section 4.1.2(b)). (591) in this respect, the commission stresses that the court of justice observed, in its vizcaya judgment (219): that the application of new rules to aid that was implemented without having been notified does not count as application to a previous situation but to a current situation, that the effective application of union rules means that the commission must be able, at any time, to adapt its assessment to the needs of this policy, and that a member state not having notified an aid scheme to the commission cannot reasonably expect this scheme to be assessed according to the rules applicable at the time of its adoption. the court therefore concludes that, in the case in question, the commission did not breach the principle of non-retroactivity or the principle of legal certainty by applying new rules when assessing the compatibility of aid implemented without having been notified. (592) the commission observes that, as in the vizcaya case, the aid granted to bsca was implemented without having been notified. it takes the view that the application of point 172 of the aviation guidelines to the measures in question is not contrary to the general principles of law. (593) under point 137 of the aviation guidelines, operating aid granted before the beginning of the transitional period (including aid paid before 4 april 2014) may be declared compatible to the full extent of uncovered operating costs provided that the conditions in section 5.1.2 are met, with the exception of points 115, 119, 121, 122, 123, 126 to 130, 132, 133 and 134. in particular, when assessing the compatibility of operating aid granted before 4 april 2014, the commission will take account of the distortions of competition. (594) in order to encourage the aviation sector to develop, the aviation guidelines therefore distinguish between aid granted before the beginning of the transitional period (including aid paid before 4 april 2014) and aid granted subsequently. (595) the conditions set out in section 5.1.2 of the aviation guidelines are as follows: contribution to a well-defined objective of common interest, need for state intervention, appropriateness of state aid as a policy instrument, existence of incentive effect, proportionality of the aid amount (aid limited to the minimum necessary), avoidance of undue negative effects on competition and trade. (596) the commission will therefore examine whether the aid granted to bsca, namely the 2002 agreements, the investment decision and the bsca capital increase subscribed by sowaer (on the basis hereinafter that the latter measure constitutes state aid), meet each of these conditions. 6.3.2.1. contribution to a well-defined objective of common interest (597) point 113 of the aviation guidelines cites the following objectives of common interest: (a) increases the mobility of union citizens and the connectivity of the regions by establishing access points for intra-union flights; or (b) combats air traffic congestion at major union hub airports; or (c) facilitates regional development. (598) in the present case, the aid was granted to facilitate regional development. the reports supplied in support of the walloon government's decisions justify the need for these investments aimed at developing the airport through the positive impact of the airport's development on the economy and employment situation in charleroi and its region (220). faced with the problem of restructuring the former industrial basin of the charleroi region, the airport site is identified in those reports as a new centre for development encompassing research and development, cutting-edge sectors and opening up of the european economy. the note from the minister to the government states: in its regional policy declaration approved on 15 july 1999, the walloon parliament recognised that the regional airports constitute important centres of economic development and job creation for the walloon region, which should be taken into account as much in economic and environmental terms as in terms of transport. the main objectives are to: provide specific support to the development of economic activities that preferably dovetail with the airport activities so that the public mission of infrastructure building is taken over by employment-generating private initiative, work towards the strategic integration of airport activities with other passenger and goods transport systems, step up environmental protection and the fight against noise pollution. it is therefore vital, in order to allow the airport to play its role as a regional economic lever, to equip it with a complete infrastructure in the context of a comprehensive development plan. (599) the aforementioned note also summarises the results of several studies carried out in order to guide the walloon airport development policy. the study carried out by tractebel provides an assessment of the economic benefits and new jobs resulting from targets of 1 million and 2 million passengers. this reveals that 1 million passengers would generate 6 364 jobs and that 2 million passengers would generate 8 090 jobs. (600) assuming that the capital increase subscribed by sowaer does constitute aid, this capital increase was intended to enable bsca to avoid possible bankruptcy, so that it could continue operating and thus achieve the objective of common interest described in the previous recital. (601) based on the information currently available, the commission finds that the aid effectively facilitated the development of the charleroi region, by enabling a modest airport to transform into a major regional airport with nearly 7 million passengers per year, thus creating significant economic activity both within and around the airport. in terms of jobs, according to a study by the banque nationale de belgique based on 2009 figures, charleroi airport has enabled the direct creation of 1 323 full-time equivalent jobs and the indirect creation of 1 525 full-time equivalent jobs. (602) the commission considers that the aid has contributed to a well-defined objective of common interest, namely the economic development of charleroi and its region. (603) however, it must be verified, in accordance with point 114 of the aviation guidelines, that the aid has not encouraged the duplication of unprofitable airports. (604) in this case, the commission considers that the prospects for use of the airport, as established by the studies carried out in 2000-2001 (221), i.e. just before the measures were adopted, were sufficient to justify these investments. it is in fact clear from these studies that demand existed for charleroi airport, particularly in the low-cost segment, in which brussels airport was not active at the time. the development of charleroi airport and the profitability of its manager bsca confirm a posteriori the existence of these development prospects. accordingly, at the end of 2013 bsca had a pre-tax operating profit of eur 14,86 million, i.e. more than the amount of state aid that it received in that year (the aid amounts are indicated in table 34). (605) undoubtedly, as indicated in recital 484 and developed in recital 626, the catchment area of charleroi airport substantially overlaps with the catchment area of brussels airport. as proven in recitals 627 to 641, the aid significantly distorted competition by affecting the growth in the number of passengers at brussels airport in the short- and medium-haul point-to-point segment. brussels airport therefore has spare capacity (according to brussels airport company, manager of brussels airport, this airport has a capacity of 28 million passengers). (606) however, despite the aid granted to bsca in 2002 and 2003, traffic at brussels airport has always remained in excess of 14 million passengers, i.e. half of its theoretical capacity. since 2002 (222), this traffic has been growing (except in 2009), even though this growth has been modest compared with that of charleroi airport. table 27 development in the number of passengers at brussels and charleroi airports (million) 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 brussels 14,4 15,2 15,6 16,1 16,7 17,8 18,5 17 17,1 18,8 18,9 19,1 charleroi 1,3 1,8 2,0 1,9 2,2 2,5 3,0 3,9 5,2 5,9 6,5 6,8 sources: brusselsairport.be and charleroi-airport.com the ebit (223) of bac has been positive at least since 2006 [ ]. (607) the commission therefore finds that, although the aid granted to bsca has affected growth in passenger traffic at brussels airport and, due to the existence of economies of scale, has reduced bac's profitability, it has not, however, led to a duplication of unprofitable airports. this is particularly explained by the high population density (224) and high demand for air services (225) in the catchment areas of charleroi and brussels airports, which enable both airports to be profitable. 6.3.2.2. need for state intervention (608) as stipulated in points 116 and 118 of the aviation guidelines, state aid should be targeted towards situations where such aid can bring about a material improvement that the market itself cannot deliver under current market conditions, the need for public funding to finance operating costs will, due to high fixed costs, vary according to the size of an airport and will normally be proportionately greater for smaller airports. the commission considers that airports with between 1 and 3 million passengers per year should, on average, be able to cover the majority of their operating costs and that airports with more than 3 million passengers per year are usually profitable at operating level and should be able to cover their operating costs. (609) however, the commission notes that point 119 of the aviation guidelines, according to which therefore, the commission considers that in order to be eligible for operating aid, the annual traffic of the airport must not exceed 3 million passengers (226), does not apply to aid granted before 4 april 2014. (610) at the time when the measures were decided in 2002 and 2003, traffic at charleroi airport was between 1 and 2 million passengers. bsca's 2002 business plan forecast that traffic would exceed 3 million passengers in 2011. (611) bsca's 2002 business plan forecast that, even with the aid, bsca would not become profitable until 2005 (bsca in fact became profitable in 2004). accordingly, if the concession fee had been set at market price, the region and sowaer could have expected bsca to accumulate operating losses, at least during the initial years, and to find itself in financial difficulty, which would have threatened the operation and development of charleroi airport, and therefore the achievement of the economic development objective of the aid. likewise, in the absence of the 2002 capital increase, bsca would have faced financial difficulties likely to compromise the operation and development of charleroi airport. moreover, in the absence of aid, bsca would have had to demand much higher airport charges from ryanair and other airlines, in order to ensure its own financial balance. in this scenario, it is possible that ryanair, bsca's main customer, would have decided to transfer its base from charleroi to another airport, or to significantly reduce its activities at charleroi, which would also have compromised the airport's development and the benefits expected by the region in terms of economic development. (612) based on the 2002 business plan, the commission takes the view that the 2002 and 2003 aid was necessary. 6.3.2.3. appropriateness of state aid as a policy instrument (613) point 120 of the aviation guidelines states that the member states must demonstrate that the aid is appropriate to achieve the intended objective or resolve the problems intended to be addressed by the aid. an aid measure will not be considered compatible with the internal market if other less distortive policy instruments or aid instruments allow the same objective to be reached. (614) in the spirit of points 121 to 123 of the aviation guidelines and although those points do not formally apply to the present case we can examine whether there would be a policy instrument allowing the same objective to be achieved, which would better encourage efficient management of the airport. instruments that establish ex ante the aid amount covering the expected funding gap are examples of instruments encouraging efficient management of an airport. (615) the concession fee paid by bsca is established ex ante and therefore encourages bsca to manage the airport efficiently. while it is true, however, that the subsidy paid by the region for services depends on the costs incurred and is not a fixed sum established ex ante, the part of this subsidy for economic services is relatively small. likewise, the 2002 capital increase is a one-off intervention, which is not therefore a fixed sum established ex ante. however, it does involve a relatively limited amount compared to the aid amounts resulting from the 2002 agreements and the 2003 investment decision. the commission therefore concludes that the aid granted to bsca encourages the latter to manage the airport efficiently and constitutes an appropriate policy instrument. 6.3.2.4. existence of incentive effect (616) point 124 of the aviation guidelines states that operating aid has an incentive effect if it is likely that, in the absence of the operating aid, and taking into account the possible presence of investment aid and the level of traffic, the level of economic activity of the airport concerned would be significantly reduced. (617) the aid granted to bsca has enabled charleroi airport to be modernised and its capacity to be increased, while maintaining bsca's operating costs at a level allowing it to offer and maintain conditions attractive to the airlines using the airport, particularly ryanair, without experiencing any major financial difficulties. as indicated in recital 611, in the absence of aid, bsca would have had to demand much higher airport charges from ryanair and other airlines. in this scenario, it is possible that ryanair, bsca's main customer, would have decided to transfer its base from charleroi to another airport, or to significantly reduce its activities at charleroi. (618) the commission therefore concludes that, in the absence of aid, the level of economic activity of charleroi airport would probably have been significantly reduced. the commission therefore takes the view that the aid has had an incentive effect. 6.3.2.5. proportionality of the aid amount (aid limited to the minimum necessary) (619) point 125 of the aviation guidelines states that in order to be proportionate, operating aid to airports must be limited to the minimum necessary for the aided activity to take place. (620) in order to determine whether the aid is proportionate, it must be examined whether bsca's business plan (incorporating the aid) allowed bsca to expect a profit not exceeding a reasonable profit. (621) bsca's 2002 business plan forecast a return on equity over the period 2002-2015 of 8,3 % and a return on capital employed of 9,6 %. given that, in order to apply the market economy operator test, the commission estimated that a rate of return on equity of 9 % could have been expected in 2002 (227), it concludes that the profit expected ex ante did not exceed a reasonable level. insofar as the aid was intended to allow bsca to cover these costs and achieve a profit not exceeding a reasonable level, the 2002 and 2003 aid may be regarded as proportionate. 6.3.2.6. avoidance of undue negative effects on competition and trade (622) point 137 of the aviation guidelines underlines the importance of assessing the effects of the aid in terms of distortions of competition for aid granted before 4 april 2014. it states that in particular, when assessing the compatibility of operating aid granted before 4 april 2014, the commission will take account of the distortions of competition. (623) furthermore, point 131 of the aviation guidelines states that when assessing the compatibility of operating aid the commission will take account of the distortions of competition and the effects on trade. where an airport is located in the same catchment area as another airport with spare capacity, the business plan, based on sound passenger and freight traffic forecasts, must identify the likely effect on the traffic of the other airports located in that catchment area. (a) identification of the catchment area and competing airports (624) according to belgium, the catchment area of charleroi airport is two hours by road from the airport and contains 15 million people who could be customers of low-cost airlines. this area includes belgium, northern france, southern netherlands, northern luxembourg and the far west of germany. (625) there are several airports close to charleroi with catchment areas that overlap with charleroi's: liege (49 minutes by road and 78 km away, although it should be noted that li ge airport focuses on cargo), lille (1 hour 12 minutes, 121 km) and particularly brussels (46 minutes, 69 km (228)) (229). (626) the catchment area of charleroi airport substantially overlaps with the catchment area of brussels airport. the area of overlap notably includes the brussels-capital region, which is the most densely populated area within the area of overlap, with 1.2 million inhabitants. although charleroi airport is further away from brussels than brussels airport, the journey time by road from the centre of brussels to charleroi is only around 30 minutes longer than the journey time to brussels airport. table 28 distances and journey times between the centre of brussels and the airports of charleroi and brussels from the centre of brussels to charleroi brussels distance 46 km 12 km car 45 min. 16 min. bus 45 min. 18 min. train 50 min. (via charleroi sud) 17 min. source: commission decision on ryanair/aer lingus of 27 february 2013 (b) analysis of the distortions of competition caused by the aid (627) the distortions of competition caused by the aid may stem from the fact that: bsca attracts to charleroi airlines that this airport would not have been able to attract without the aid and that would have been likely to base their resources (aircraft, crew) at other airports, particularly the closest ones such as brussels airport, the aid may influence the behaviour of certain passengers who, given their origin and destination requirements, are able to choose between a service from or to charleroi and a service from or to brussels. these passengers may in fact be attracted by the low fares offered by the airlines operating from charleroi (fares which may have been higher in the absence of aid being granted to bsca) to the detriment of airlines operating from brussels. (i) examination of the substitutability of the service offers of charleroi and brussels airports (628) according to belgium, as regards the absence or avoidance of negative effects on competition, the commission must refer back to the time when the public financing was granted in order to assess whether this condition is met. still according to belgium, the development of charleroi airport stems from the creation of a new market in a specific segment that was not being developed at all or only to a very limited extent at brussels airport at the time when the aid was granted, i.e. the low-cost segment. moreover, two studies carried out by independent experts, roland berger international management consultant and gtm, revealed the imminent saturation of brussels airport and the lack of any overlap in terms of customers between the two airports. at the time the airlines operating at brussels airport had no interest in charleroi airport, whilst ryanair, the main user of charleroi airport, had no plans to base itself at the main airports. in 2000 charleroi airport had a very poor image, as confirmed by the gtm and roland berger international management consultant studies. the infrastructure was cramped, limited and little-used. the airport offered only one scheduled service and a number of charter flights in the summer. as a result, according to belgium, it could not have been considered at the time that charleroi airport was in a position to compete with brussels airport. lastly, brussels airport was at an advantage in terms of infrastructure (several terminals, several runways, etc.) and accessibility due to its location close to the capital and the rail link that charleroi airport lacked. (629) with regard to these observations by belgium, the commission would make the following comments: even if, for the purposes of the compatibility analysis, the aid's effects in terms of distortions of competition must be examined in relation to the time when the aid was granted, the aid's effects in the short and long term should, however, be taken into account, such as they could have been predicted at the time when the aid was granted. at that time, it could have been predicted that the aid would enable bsca to offer very favourable rates for the services that it would be in a position to provide, in particular as a result of the investments made by sowaer, with these investments having the effect of considerably increasing the capacity of charleroi airport. in this respect, it may be recalled that the 2002 business plan forecast a significant increase in traffic at charleroi airport, from 1,2 million passengers in 2002 to nearly 3 million passengers in 2010. it was therefore clear at the time when the aid was granted to bsca that this aid would enable bsca to grow strongly and that it could not be ruled out that this growth would partly occur to the detriment of competing airports, particularly brussels airport. belgium indicates that, at the time when the roland berger international management consultant and gtm studies were carried out, brussels airport was close to saturation. however, the commission notes that, at the time when the measures were granted, i.e. in april 2002 and april 2003, the airline sabena had gone bankrupt and traffic at brussels airport was already being significantly affected by this bankruptcy, falling from 19,7 million passengers in 2001 to 14,4 million passengers in 2002. at the time when the measures were granted, brussels airport was therefore not close to saturation. (630) as regards the question of the substitutability of the service offers of charleroi and brussels airports, the commission recognises that the two airports are not entirely substitutable: due to charleroi's relative distance from the heart of the brussels conurbation and its low-cost profile (given both its infrastructure and also the airlines using it and the services that it offers), charleroi airport does not constitute an alternative to brussels airport for certain categories of passengers (particularly time-sensitive business travellers). charleroi airport has a point-to-point profile limited to short-haul flights, which prevents it from being a viable alternative to brussels airport for airlines such as brussels airlines, which operates long-haul flights and/or relies on a hub-and-spoke model, whereby a hub airport feeds a long-haul network with transit passengers carried to the hub via a short- and medium-haul network. brussels airport is unlikely to constitute a credible alternative to charleroi airport for certain categories of price-sensitive passengers. (631) nonetheless, the offers of the two airports partly overlap. whilst it is true that this overlap was limited at the time when the aid was granted, it still existed. moreover, it could have been predicted that, due to the aid, competition would increase between the offers of the two airports. accordingly, charleroi airport offers flights that may be of interest to some of brussels airport's short- and medium-haul customers. the following figures show the development in the number of links operated from charleroi airport, including those where a link from brussels airport was offered to the same destination. table 29 links from charleroi airport, including those where the same destination is served from brussels airport 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 number of links from charleroi airport 7 9 11 17 14 26 33 52 67 84 91 97 102 of which links where the same destination is served from brussels airport 5 5 7 9 9 16 21 32 38 53 60 63 63 source: annex 11 to the letter from belgium sent on 7 february 2014 (632) the number of equivalent links offered by charleroi airport and brussels airport has therefore significantly increased (from 5 in 2002 to 63 in 2013), thus exerting considerable competitive pressure on brussels airport. (ii) examination of the effects of the aid (633) according to the brussels airport manager (bac), given this significant overlap between the links operated from charleroi airport and the destinations served from brussels airport, the aid, which enables bsca to offer particularly attractive rates to airlines, allegedly has a considerable impact on brussels airport. the distortion of competition is apparently particularly severe in terms of short-haul flights, because the fee has a greater relative impact on the price of such flights than on the price of long-haul flights. (634) table 30 shows the development in the number of passengers taking short-haul flights from and to charleroi and brussels airports (charleroi and brussels airports are not in competition for long-haul flights as these are not offered at charleroi). table 30 development in the number of passengers (in millions) taking short-haul flights from and to brussels (bru) and charleroi (crl) airports bru crl bru + crl market for short-haul flights from and to bru (number of passengers - million) annual change (%) market for short-haul flights from and to crl (number of passengers - million) annual change (%) market for short-haul flights from and to bru and crl (number of passengers - million) annual change (%) 2004 11,8 2,0 13,8 2005 12,2 4 1,9 5 14,1 2 2006 12,5 3 2,2 16 14,7 4 2007 13,4 8 2,4 9 15,8 7 2008 13,2 1 2,9 21 16,1 2 2009 11,7 11 3,9 35 15,6 3 2010 11,3 3 5,2 33 16,5 6 2011 12,2 7 5,9 14 18,1 9 2012 12,1 1 6,5 10 18,6 3 2013 12,4 3 6,8 4 19,2 3 source: bac comments 8 may 2014 (635) the table in recital 634 shows that, whereas in 2004 traffic in the short-haul segment at charleroi was only 17 % of the same traffic at brussels, in 2013 the figure was nearly 55 %. growth at charleroi airport was particularly strong in the years 2008 to 2010, whereas the short-haul traffic at brussels airport fell over the same period. this considerable development of charleroi airport in the years 2008 to 2010 is partly explained by the opening of the new terminal in 2008, financed by sowaer, for which this decision has determined that bsca did not pay market price. (636) according to bac, this situation has resulted in the loss of 2,5 million passengers, which represents an annual loss of revenue of eur 50 million. bac estimates that, out of the 4 million additional passengers at charleroi airport in 2011 compared to 2005, it is likely that only 1,5 million are new customers, with the remaining 2,5 million being passengers who in other circumstances would have come to or remained at brussels airport. (iii) conclusion (637) the commission finds that: charleroi and brussels airports are in competition for certain point-to-point short- and medium-haul flights and for certain users, brussels airport is not congested, the aid has enabled bsca to offer particularly attractive rates to airlines for its airport services. the commission takes the view that, without this aid, bsca would definitely not have been in a position to get ryanair to base a large number of flights at charleroi airport. the development of charleroi airport has been boosted by the region's decision to invest significantly in the airport and thus increase its capacity: the airport has therefore gone from a theoretical capacity of 1 million passengers before the investments made through the 2002 and 2003 measures to a theoretical capacity of 3 million passengers after the investments (we note that the actual capacity is in fact higher, as proven by the traffic figures for charleroi airport, given that it is generally possible to exceed the nominal capacity of a terminal by reducing the level of passenger comfort and/or making certain changes that do not require massive investment). (638) the commission therefore concludes that the aid has considerably distorted competition to the detriment of those airports competing with charleroi airport, primarily brussels airport. with regard to the 2002 capital increase, if this does constitute aid, it has contributed to these distortions insofar as it has enabled bsca to avoid financial difficulties and proceed with the development of charleroi airport. however, this contribution to the distortions of competition is modest, insofar as this involves a one-off intervention of a limited amount compared to the aid amounts resulting from the other measures covered by this examination. moreover, it occurred at the start of the airport development phase, when the airport's traffic was still relatively modest compared to that of brussels airport. (639) the commission notes that traffic at charleroi airport has increased more than fivefold since the aid was granted (230) (this growth is much higher than the average growth of airports), whereas traffic at brussels airport in the point-to-point short- and medium-haul segment has stagnated since 2004. this confirms a posteriori that part of the growth at charleroi airport has occurred to the detriment of growth at brussels airport. the commission also notes that the competitive impact of charleroi airport has been especially significant since 2008 due to the increase in its capacity, which was particularly enabled by the investments made by sowaer. (640) the commission further notes that, since the beginning of 2014, ryanair has been operating from brussels airport, which is developing in the low-cost segment. vueling was already operating from this airport. competition between the two airports may therefore increase further in the future, as they are both likely to attract the same airlines and the same customer segments. (641) based on this information, the commission concludes that the aid has significantly distorted competition by reducing bsca's operating costs through abnormally low concession fees. these distortions were certainly limited in the initial years after the measures in question were granted, i.e. in 2002 and 2003, given that the investments had not been made in full at that stage and that charleroi airport's traffic was still limited, but they have increased subsequently and are now very significant. 6.3.2.7. conclusion on the compatibility of the aid granted to bsca on the basis of article 107(3) tfeu (642) the commission concludes that the aid granted to bsca has contributed to regional economic development, but that it has had significant and increasing effects on the airports competing with charleroi airport, and particularly on brussels airport. (643) the commission notes that, if the aid had been granted after the aviation guidelines entered into force, i.e. after 4 april 2014, it could not have been declared compatible with the internal market. point 119 of the aviation guidelines in fact states that in order to be eligible for operating aid, the annual traffic of the airport must not exceed 3 million passengers. (644) this aid was granted before 4 april 2014 and point 119 of the aviation guidelines does not therefore apply. however, according to the aviation guidelines, the commission must assess the unlawful operating aid granted to airports by taking account of the distortions of competition caused by this aid (231). according to the commission, this requirement means that it must give an opinion on the aid in question in the light, on the one hand, of its positive effects in terms of the objective of common interest pursued and, on the other hand, of its negative effects on competition and trade. in the present case, it has been established that the aid has had a significant positive effect on the economic development of charleroi and its region, which may be recognised as an objective of common interest justifying operating aid, while also having negative effects, which have increased over time and become very significant. (645) in this instance, given that the negative effects of the aid, which were initially limited, have constantly increased over time until they have become too significant, the commission takes the view that the region-sowaer should have, from a certain date, required bsca to pay a concession fee in line with the level that would have been determined when the measures in question were granted, in 2002 and 2003, if the region-sowaer had acted towards bsca as a market economy operator placing its infrastructure at bsca's disposal with a view to profitability. bsca would therefore have benefited from operating aid in the form of an extra low concession fee up to the date in question, on a transitional basis, and not beyond. (646) the commission takes the view that, in order to reduce the negative effects of the aid on competition and trade to an acceptable level, so that the aid is compatible with the internal market, this approach must be implemented a posteriori, in the form of (i) the recovery from bsca of the aid amounts received after the date in question, and (ii) an adjustment to the methods for calculating the concession fee for the period after the adoption of this decision up to the expiry of the concession from which bsca benefits, such that, over this period, bsca pays the region-sowaer a concession fee in line with the level that would have been determined when the measures in question were granted, in 2002 and 2003, if the region-sowaer had acted towards bsca as a market economy operator. (647) as the date in question must be determined by weighing up the positive effects on regional economic development and the negative effects on competition, it cannot be determined solely by applying a method of economic analysis, but necessarily requires the commission to use its wide margin of discretion in terms of the compatibility of state aid with the internal market. (648) in this respect, the commission notes that the entry into force of the aviation guidelines on 4 april 2014 is an important turning point in terms of public support for airports as, according to the aviation guidelines, from that date member states may no longer grant new operating aid to airports with more than 3 million passengers. the aim of said provision is clearly to limit, from 4 april 2014, the negative effects of operating aid granted to airports. the commission takes the view that this date also forms an appropriate benchmark in the present case, and that it can be regarded as the moment from which bsca should have ceased to pay an extra low concession fee under the 2002 and 2003 measures. with regard to the 2002 capital increase, in the light of the findings made in recital 638 and due to the fact that this measure was granted before 4 april 2014, the commission takes the view that, if this measure does constitute state aid, it is compatible with the internal market. (649) in conclusion, the commission takes the view that: the measures granted by belgium to bsca under the 2002 agreements and the 2003 investment decision constitute state aid compatible with the internal market on the basis of article 107(3)(c) tfeu up to 3 april 2014 and state aid incompatible with the internal market from 4 april 2014, assuming that it does constitute state aid within the meaning of article 107(1) tfeu, the capital increase in bsca subscribed on 3 december 2002 by sowaer is state aid compatible with the internal market on the basis of article 107(3)(c) tfeu. 6.4. applicability of the limitation period to the aid granted to bsca (650) article 15 of the procedural regulation stipulates that the recovery of state aid shall be subject to a limitation period of 10 years. the limitation period shall begin on the day on which the unlawful aid is awarded to the beneficiary. (651) according to belgium, the subsidy paid by the region to bsca for certain services associated with the airport activities benefits from the limitation period stipulated by article 15 of the procedural regulation. belgium asserts that this subsidy was granted on 9 july 1991, which was the date of conclusion of the region/bsca agreement and annexed schedule of conditions. according to belgium, since that date, notwithstanding the adoption of various provisions without any impact on the principle of compulsory compensation payable by the region for these costs, the region has been responsible for paying this subsidy. only a few non-economic services set out in amendment no 6 of 15 january 2008 are apparently not covered by this limitation period. (652) first of all, the commission notes that it considered in recital 415 that it must examine the subsidy for certain services associated with the airport activities in conjunction with the other economics of the concession (provision of the infrastructure and concession fee). (653) even if the subsidy paid by the region for certain services associated with the airport activities may be examined separately from the sowaer/bsca agreement, the commission refutes, however, the assessment according to which the measure granting this subsidy has not been substantially amended. on the contrary, the commission takes the view that each of the following three amendments has substantially amended the measure: 6.4.1. amendment no 3 of 29 march 2002 (654) the commission notes that, under article 25 of the schedule of conditions annexed to the region/bsca agreement of 9 july 1991, the region was to cover the cost of the fire and maintenance services for a transitional period only. (655) this transitional period was extended until 1 january 2000 under amendment no 2 to the schedule of conditions annexed to the agreement. (656) for the years 2000 and 2001, subsidies for the fire and maintenance costs were paid by the region to bsca on legal bases other than the region/bsca agreement (232), with the acts in question not committing the region to pay the subsidies to bsca beyond the years 2000 and 2001. (657) as regards the year 2002, belgium states that, although the region had always planned to continue granting compensation for these costs, the creation of sowaer and the introduction of a new legal framework led to a delay in formalising the extension of this compensation. according to belgium, the continuation of this payment was confirmed in a letter of 5 july 2001 sent by bsca to the walloon transport and facilities administration, detailing the main lines of the bsca 2002 budget covering the costs of these services, following a telephone conversation during which, according to belgium, the region had confirmed that it would pay for these services for 2002. (658) as indicated in recitals 71 and 72, amendment no 3 of 29 march 2002 to the region/bsca agreement amended article 3.2 of this agreement and provided that the walloon region would reimburse the costs (expenses and investments) inherent in the fire and maintenance services. amendment no 3 also amended article 25 of the schedule of conditions and provided that the concession-holder would present the concession authority with the budget for the fire and maintenance services and that it would keep a separate operating account that could at any time be analysed and checked by the concession authority. (659) the commission takes the view that amendment no 3 of 29 march 2002 to the region/bsca agreement substantially affected the measure. amendment no 3 in fact introduced a written undertaking on the part of the region to cover the costs associated with the fire and maintenance services, when there was no longer any written undertaking on the part of the region with regard to the costs incurred by bsca from 1 january 2002. (660) moreover, amendment no 3 amended article 3.2 of the region/bsca agreement and provided that the region would reimburse the costs (expenses and investments) inherent in the fire and maintenance services. it also amended article 25 of the schedule of conditions and provided that the concession-holder would present the concession authority with the budget for the fire and maintenance services and that it would keep a separate operating account that could at any time be analysed and checked by the concession authority. in this respect, the commission stresses that amendment no 3 stipulated that this operating account would include the investment costs and/or investment depreciation costs, even though this had not previously been the case. (661) based on these points, the commission takes the view that the subsidy paid by the region to bsca for certain services associated with the airport activities was introduced, or in any event substantially amended, by amendment no 3 of 29 march 2002 to the region/bsca agreement. 6.4.2. amendment no 5 of 10 march 2006 to the region/bsca agreement (662) through the following provisions, amendment no 5 of 10 march 2006 to the region/bsca agreement substantially amended amendment no 3: under article 3.2.2 of the region/bsca agreement, as amended by amendment no 5, the costs incurred by bsca for the fire protection and ground traffic and airport site safety services were to be compensated by the region, whereas previously the region had compensated the costs incurred by bsca for the fire and maintenance services. according to belgium, this new wording aimed to define more precisely the costs assumed by the region, but did not substantially alter the scope of the services covered. however, the commission notes that, even if the change in wording of the services for which bsca receives compensation is ignored, the details of the costs covered under article 25 of the schedule of conditions, as amended by amendment no 5, differ in that they include certain costs that were not previously mentioned, namely the ground traffic and airport site safety services include routine maintenance of the airport site, minor surfacing work, routine maintenance and repair of the runway and accesses, operational maintenance and servicing of the general lighting and runway lighting, mowing services, rubber removal from the runway and its markings, snow clearance and any other services ensuring the safety of ground traffic, airport site and infrastructures, except for commercial areas of the airport zone. the subsidy was capped, whereas it had not been previously. this cap applied from the initial entry into force of amendment no 5 and therefore had an impact on the amount of the subsidy paid by the region to bsca from the first year. the amount of the subsidy had to be revised before july 2009 (233). (663) based on these points, the commission takes the view that the measure was substantially affected by the adoption of amendment no 5 of 10 march 2006 to the region/bsca agreement. 6.4.3. amendment no 6 of 15 january 2008 to the region/bsca agreement (664) amendment no 6 of 15 january 2008 to the region/bsca agreement substantially amended amendment no 5 by significantly extending the scope of the services for which the region paid a subsidy to bsca, as those services subsequently included flight tracking and recording, provisional flight planning, marshalling and security. as set out in section 6.1.1, the commission takes the view that these services, except for the security services, constitute economic services. 6.4.4. conclusion (665) the commission therefore concludes that the subsidy paid by the region to bsca for certain services associated with the airport activities cannot be regarded as a measure having been continuously in force and not having been substantially amended since 1991. the payment of this subsidy is based on several new measures applicable in succession. those examined in this decision are: (a) amendment no 3 of 29 march 2002 to the region/bsca agreement; (b) amendment no 5 of 10 march 2006 to the region/bsca agreement; and (c) amendment no 6 of 15 january 2008 to the region/bsca agreement. (666) measures (a) to (c) cannot benefit from the 10-year limitation period as there were less than 10 years between the date when they were granted and 20 april 2011, which was the date when the commission sent its first request for information to belgium on the subject of the aid granted to bsca. as stipulated by article 15 of the procedural regulation, any action taken by the commission or by a member state, acting at the request of the commission, with regard to the unlawful aid shall interrupt the limitation period. the commission therefore concludes that the limitation period laid down by article 15 of the procedural regulation does not apply to the aid granted to bsca and examined in this decision. 6.5. applicability of the principle of legitimate expectations to the subsidy paid by the region for certain services associated with the airport activities (667) article 14(1) of the procedural regulation stipulates that the commission shall not require recovery of the aid if this would be contrary to a general principle of community law. in particular, the commission cannot require recovery of aid that, although granted within the 10-year period defined in article 15(1) of the procedural regulation, may be covered by the existence of a legitimate expectation in the mind of the beneficiary of the aid resulting from acts or positions taken by the commission in the past. (668) as indicated in section 5.4 of this decision, belgium maintains that recovery of the subsidy paid by the region for certain services associated with the airport activities would be contrary to the principle of legitimate expectations. (669) however, the court of justice has ruled that the beneficiary of unlawful aid may not in principle invoke a legitimate expectation (234). the beneficiary should in fact have checked that the aid granted had been notified to and approved by the commission. in this respect, the commission notes that the aid granted to bsca was not notified to the commission. 6.5.1. absence of precise assurances (670) moreover, as clarified by the court of justice (235), a person may not plead infringement of the principle of legitimate expectations unless he has been given precise assurances by the administration. (671) belgium maintains that, given the lack of a complaint by the commission in its 2004 decision, bsca did receive precise assurances that the subsidy was not likely to constitute state aid. belgium in particular relies on recital 214 of the 2004 decision, in which the commission stated that it does not dispute the legitimate possibility of the walloon authorities continuing to bear the cost of the fire and maintenance services. it indicates that this legitimate expectation has been reinforced by the settled decision-making practice of the commission on the distinction between economic activities and non-economic activities, as reiterated in the commission decision on leipzig/halle airport. (672) the commission takes the view that the lack of a complaint about the aid granted to bsca in its 2004 decision cannot constitute a precise assurance. the commission notes that neither the 2002 opening decision nor the 2004 final decision concerned the measures granted to bsca. as regards recital 214 of the 2004 decision, the commission stresses that this recital must be read in context. it would appear that, in said context, the recital in question cannot be regarded as approving the measure with regard to the state aid rules, but only as explaining the reason why it is not the conformity of this measure with the state aid rules that is being examined by the commission, but rather the uncertainty about the funding by the region of certain services within the bsca business plan, for the purposes of applying the market economy operator test to the 2001 contracts. (673) as stated in recitals 397 to 399 of this decision, the commission disputes that it can be concluded from recitals 182 and 183 of the decision on leipzig/halle airport that the commission has in the past taken the view that tasks comparable to maintenance and traffic safety, as defined in the region/bsca agreement, fall within the public policy remit. 6.5.2. foreseeability of the change to the pattern of conduct (674) as stated by the court of justice (236), if a prudent and alert economic operator could have foreseen the adoption of a community measure likely to affect his interests, he cannot plead that principle if the measure is adopted (237). (675) according to belgium, there was nothing to indicate to bsca that the commission was going to re-examine, in 2012, a measure on which it had not expressed any reservations in 2004, and which the general court did not question in 2008. (676) the commission refutes having adopted a position on the measures granted to bsca by adopting the 2004 decision. as a result, the 2012 decision does not constitute a change to its pattern of conduct. (677) the commission also refutes that the present decision constitutes a change to its decision-making practice concerning the distinction between economic activities and non-economic activities. as regards the decision on leipzig/halle airport cited by belgium to prove the alleged change to the commission's pattern of conduct, the commission refutes that it can concluded from that decision that it has in the past taken the view that tasks comparable to maintenance and traffic safety fall within the public policy remit (see recitals 397 to 399). (678) in conclusion, the commission takes the view that recovery of the unlawful and incompatible aid granted to bsca is not contrary to the principle of legitimate expectations. 7. conclusion and quantification of the aid to be recovered from bsca 7.1. aid unlawfully granted to bsca (679) the commission finds that, by adopting the 2002 agreements and the 2003 investment decision, belgium unlawfully granted aid to bsca in breach of article 108(3) tfeu. this aid consists of the difference between the fee that a market economy operator would have required (hereinafter the market price fee) and the fees actually paid by bsca to the region-sowaer. (680) the market price fee is the fee that bsca should have paid so that each of the two measures (the 2002 agreements and the 2003 investment decision) has a zero net present value for the region-sowaer. the commission has determined the market price fee in line with the reasoning given in section 6.1.2.2, which has shown that the 2002 agreements and the 2003 investment decision resulted in a concession fee below what a market economy operator guided by profitability prospects would have required. (681) the commission has taken into account that, on the signature of the 2002 sowaer/bsca agreement, a prudent operator would not have required bsca to pay a fee reflecting the investments that sowaer undertook to make under that agreement until the investments had been made and bsca was earning the expected revenue from those investments. a prudent operator would have agreed to the fee increasing only when the new investments could be used by the airport manager. otherwise, the airport manager might experience cash flow difficulties during the years when it was not yet able to earn operating revenue from the new infrastructure. the commission also finds that the 2002 sowaer/bsca agreement provided for an increase in the concession fee in 2007, i.e. two years after the planned commissioning of the new terminal (2005). consequently, the commission takes the view that a prudent operator would have agreed to bsca paying the fee set by the 2002 sowaer/bsca agreement up to two years after the end of the year of commissioning of the new terminal (i.e. in 2007), but would have required bsca to pay a market price fee after that date, i.e. a fee allowing the entity region-sowaer to achieve a zero net present value over the whole period. (682) table 31 shows: (a) the variable concession fees expected from bsca under the provisions in force at the time when the 2002 measure was granted (238); (b) the additional concession fee, conceived as an annual fixed amount indexed at a rate of 2 % per year reflecting inflation (239), which bsca should have paid from 2007 so that the concession fees payable by bsca correspond to the market price concession fee in return for the 2002 agreements (240); (c) the additional concession fee, conceived as an annual fixed amount indexed at a rate of 2 % per year reflecting inflation, which bsca should have paid from 2008 so that the concession fees payable by bsca correspond to the market price concession fee in return for the 2003 investment decision (241); (a + b + c) represents the expected market price concession fees: their amounts are such that the net present value of the 2002 agreements and the 2003 investment decision is zero. table 31 expected market price concession fees (eur) (a) concession fees expected from bsca at the time when the 2002 measure was granted (b) concession fees to be added to (a) so that the npv of the 2002 measure equals 0 (c) concession fees to be added so that the npv of the 2003 investment decision equals 0 (a + b + c) market price concession fees 2002 883 689 0 0 883 689 2003 901 363 0 0 901 363 2004 919 390 0 0 919 390 2005 937 778 0 0 937 778 2006 956 533 0 0 956 533 2007 2 651 067 8 301 157 0 10 952 224 2008 2 704 088 8 467 180 2 391 141 13 562 409 2009 2 758 170 8 636 524 2 438 964 13 833 658 2010 2 813 334 8 809 254 2 487 743 14 110 331 2011 2 869 600 8 985 440 2 537 498 14 392 538 2012 2 926 992 9 165 148 2 588 248 14 680 388 2013 2 985 532 9 348 451 2 640 013 14 973 996 2014 3 045 243 9 535 420 2 692 814 15 273 477 2015 3 106 148 9 726 129 2 746 670 15 578 947 (683) as the work was delayed and the terminal was finally commissioned in 2007, the commission takes the view that bsca should have paid a market price fee from the end of 2009, i.e. from 1 january 2010. the commission has decided that the two-year delay in the work should be covered by the region and sowaer, and not by bsca, as those entities were responsible for making the investments. as a result, the commission has taken the view that bsca should have paid the market price concession fee from the end of 2009 only, without, however, this concession fee being increased as it should have been from the end of 2007, as stipulated by the 2002 sowaer/bsca agreement. (684) it is the variable fees actually payable by bsca (to which fees (b) and (c) shown in table 31 should be added) that must be used to determine the market price concession fees that bsca should have paid and that it shall pay in the future. it turns out that, even though traffic has proven to be much higher than predicted in 2002, the fees actually payable (shown in column (a) of table 32) correspond to the expected variable concession fees (shown in column (a) of table 31) due to the cap on the variable concession fee stipulated in 2002. (685) table 32 shows the elements making up the market price concession fee: table 32 market price concession fees taking into account the delay in the work (242) (eur) (a) concession fees expected from bsca at the time when the 2002 measure was granted (b) concession fees to be added to (a) so that the npv of the 2002 measure equals 0 (c) concession fees to be added so that the npv of the 2003 investment decision equals 0 (a + b + c) market price concession fees 2002 883 689 0 0 883 689 2003 901 363 0 0 901 363 2004 919 390 0 0 919 390 2005 937 778 0 0 937 778 2006 956 533 0 0 956 533 2007 2 651 067 0 0 2 651 067 2008 2 704 088 0 0 2 704 088 2009 2 758 170 0 0 2 758 170 2010 2 813 334 8 809 254 2 487 743 14 110 331 2011 2 869 600 8 985 440 2 537 498 14 392 538 2012 2 926 992 9 165 148 2 588 248 14 680 388 2013 2 985 532 9 348 451 2 640 013 14 973 996 2014 3 045 243 9 535 420 2 692 814 15 273 477 2015 3 106 148 9 726 129 2 746 670 15 578 947 (686) more generally, beyond 2013, for example for year (2013 + n), the market price concession fee will be: (a) + (9 348 451 + 2 640 013) (1,02)n, i.e. (a) + 11 988 464 (1,02)n, where (a) is the variable part of the concession fee payable by bsca for the year (2013 + n). as explained at the end of recital 685, for the years 2014 and 2015, part (a) will probably be capped. in these calculations of the net present value and market price concession fee for the 2002 and 2003 measures, the commission has assumed that there will be no cap after 2015. from 2016, part (a) of the market price concession fee will therefore be 35 % of the aviation revenue. (687) based on the assumptions and methods described above and if the concession fee paid by bsca remains unchanged, the commission concludes that, due to the 2002 agreements and the 2003 investment decision, bsca has received and will receive up to 31 december 2015 the aid amounts (excluding interest) corresponding to the sum of columns (b) and (c) in table 32. these aid amounts are indicated in the following table: table 33 aid amounts received by bsca up to 31 december 2015 excluding interest if the bsca concession fee remains unchanged up to 31 december 2015 (eur) aid associated with the 2002 measure (excluding interest) aid associated with the 2003 measure (excluding interest) total aid (excluding interest) 2002 0 0 0 2003 0 0 0 2004 0 0 0 2005 0 0 0 2006 0 0 0 2007 0 0 0 2008 0 0 0 2009 0 0 0 2010 8 809 254 2 487 743 11 296 997 2011 8 985 440 2 537 498 11 522 938 2012 9 165 148 2 588 248 11 753 396 2013 9 348 451 2 640 013 11 988 464 2014 9 535 420 2 692 814 12 228 234 2015 9 726 129 2 746 670 12 472 799 total 55 569 842 15 692 986 71 262 828 (688) as at 1 october 2014, date of this decision, bsca has received, due to the 2002 agreements and the 2003 investment decision, the following aid amounts (243) (excluding interest): table 34 aid amounts received by bsca up to 30 september 2014 excluding interest (eur) aid associated with the 2002 measure (excluding interest) received as at 30 september 2014 aid associated with the 2003 measure (excluding interest) received as at 30 september 2014 total aid (excluding interest) received as at 30 september 2014 2002 0 0 0 2003 0 0 0 2004 0 0 0 2005 0 0 0 2006 0 0 0 2007 0 0 0 2008 0 0 0 2009 0 0 0 2010 8 809 254 2 487 743 11 296 997 2011 8 985 440 2 537 498 11 522 938 2012 9 165 148 2 588 248 11 753 396 2013 9 348 451 2 640 013 11 988 464 30.9.2014 7 131 972 2 014 077 9 146 049 total 43 440 265 12 267 579 55 707 844 7.2. aid to be recovered (689) given the conclusions in section 6.3.2 on the compatibility of the aid granted to bsca, only the difference between the market price fee calculated according to the methods described in recitals 680 to 683 and the fee paid by bsca since 4 april 2014 constitutes aid to be recovered. (690) as the period from 4 april to 1 october 2014 consists of 180 days, the aid to be recovered (excluding interest) on the date of 1 october 2014 is (180/365) eur 12 228 234, i.e. eur 6 030 362. (691) in addition, until the concession fee payable by bsca is increased to the level of the market price fee, bsca will continue to receive unlawful and incompatible aid, the amounts of which shall be recovered. (692) if the concession fee paid by bsca is increased during 2014 to the level of the market price concession fee indicated in table 32, the aid amount to be recovered excluding interest will be calculated according to the following formula: where n is the number of days between 4 april 2014 and the date on which the concession fee paid by bsca is increased to the level of the market price concession fee, aid amount to be recovered (excluding interest) = (n/365) aid amount for 2014 = (n/365) eur 12 228 234 (693) if the concession fee paid by bsca is increased during 2015 to the level of the market price concession fee indicated in table 32, the aid amount to be recovered excluding interest will be calculated according to the following formula: where n is the number of days between 1 january 2015 and the date on which the concession fee paid by bsca is increased to the level of the market price concession fee, aid amount to be recovered (excluding interest) = aid amount to be recovered for 2014 (excluding interest) + aid amount to be recovered for 2015 (excluding interest) = ((number of days from 4 april to 31 december 2014)/365) aid amount for 2014 + (n /365) aid amount for 2015 = (272/365) 12 228 234 + (n /365) 12 472 799 = eur 9 112 547 + n eur 34 172 (694) the belgian authorities must recover the amount calculated in accordance with the formulas given in recitals 692 and 693 within four months of the date of notification of this decision. (695) the belgian authorities must add recovery interest to the amount to be recovered, which shall be calculated from the date on which the aid in question was at the disposal of the undertakings, namely on each effective date of granting of the aid, until the date of its effective recovery (244), in accordance with chapter v of commission regulation (ec) no 794/2004 (245). the commission considers that the date of disposal of the aid corresponds to the payment dates of the fees below market price, as set by the sowaer/bsca agreements in force at the time of the payments in question. (696) this decision is without prejudice to the recovery of any other state aid granted to bsca that is not covered by this decision. (697) in a letter of 7 may 2014, belgium accepted that, in this case and given the undertaking made by the commission services to provide it as soon as possible with a dutch translation of the decision, the commission could exceptionally notify the decision in french under article 297 tfeu. belgium accepted that only the french version of the decision would be authentic and that the decision would take effect on its notification in french, has adopted this decision: article 1 1. the aid measures granted to ryanair ltd (hereinafter ryanair), namely the undertaking of the walloon government to ryanair of 6 november 2001, the contract between bsca and ryanair of 2 december 2001, the promocy agreement of 12 december 2001, the contract between promocy and leading verge of 31 january 2002, the ministerial order of 11 june 2004, the letter from bsca to ryanair of 24 june 2004, the commercial agreement between bsca and ryanair of 9 december 2005, the amendment of 6 december 2010 to the contract between bsca and ryanair, and the sale of bsca's shares in promocy on 31 march 2010, do not constitute state aid to ryanair under article 107(1) of the treaty on the functioning of the european union. 2. the aid measures granted to brussels south charleroi airport (hereinafter bsca), consisting of the agreement between the soci t wallonne des a roports (hereinafter sowaer) and bsca of 4 april 2006, amendment no 5 to the agreement between the walloon region and bsca of 10 march 2006, and amendment no 6 to the agreement between the walloon region and bsca of 15 january 2008, do not constitute state aid to bsca under article 107(1) of the treaty on the functioning of the european union. article 2 1. the aid measures unlawfully granted by belgium, in breach of article 108(3) of the treaty on the functioning of the european union, to bsca under the sub-concession agreement of 15 april 2002 between sowaer and bsca and amendment no 3 of 29 march 2002 to the agreement between the walloon region and bsca, and also under the investment decision of the walloon region of 3 april 2003, constitute state aid compatible with the internal market on the basis of article 107(3)(c) of the treaty on the functioning of the european union up to 3 april 2014. 2. assuming that it does constitute state aid within the meaning of article 107(1) of the treaty on the functioning of the european union, the capital increase in bsca subscribed on 3 december 2002 by sowaer is state aid compatible with the internal market on the basis of article 107(3)(c) of the treaty on the functioning of the european union. article 3 the aid measures unlawfully granted by belgium, in breach of article 108(3) of the treaty on the functioning of the european union, to bsca under the sub-concession agreement of 15 april 2002 between sowaer and bsca and amendment no 3 of 29 march 2002 to the agreement between the walloon region and bsca, and also under the investment decision of the walloon region of 3 april 2003, constitute state aid incompatible with the internal market on the basis of article 107(1) of said treaty from 4 april 2014. article 4 1. belgium shall put an end to the aid measures referred to in article 3 by increasing the concession fee payable by bsca at least to the level of the market price concession fee and by recovering from the beneficiary the aid amounts received under the aid measures referred to in article 3 as from 4 april 2014. 2. the amounts to be recovered shall bear interest from the date on which they were placed at the disposal of the beneficiary to the date of their effective recovery. 3. the interest shall be calculated on a compound basis in accordance with chapter v of regulation (ec) no 794/2004. 4. belgium shall cancel all pending payments with regard to the aid measures referred to in article 3 from the date of adoption of this decision. article 5 1. the recovery of the aid referred to in article 3 shall be immediate and effective. 2. belgium shall ensure that this decision is implemented within four months of the date of its notification. article 6 1. belgium shall submit the following information to the commission within two months of the notification of this decision: (a) the dates on which bsca has paid the concession fees in 2014 and the calculation of the recovery interest; (b) a detailed description of the measures already adopted and planned for the purpose of complying with this decision; (c) the documents proving that the beneficiary has been ordered to repay the aid. 2. belgium shall keep the commission informed of the progress of the national measures adopted pursuant to this decision until the recovery of the aid referred to in article 3 has been concluded. at the commission's request, it shall immediately submit information on the measures already adopted and planned for the purpose of complying with this decision. it shall also provide detailed information on the aid amounts and interest already recovered from the beneficiary. article 7 this decision is addressed to the kingdom of belgium. done at brussels, 1 october 2014. for the commission joaqu n almunia vice-president (1) with effect from 1 december 2009, articles 87 and 88 of the treaty establishing the european community (tec) have become articles 107 and 108, respectively, of the treaty on the functioning of the european union (tfeu). the two sets of provisions are, in substance, identical. for the purposes of this decision, references to articles 107 and 108 of the tfeu should be understood as references to articles 87 and 88, respectively, of the ec treaty. the tfeu also introduced certain changes in terminology, such as replacing community with union, common market with internal market, and court of first instance with general court. the terminology of the tfeu is used throughout this decision. (2) oj c 248, 17.8.2012, p. 1. (3) sg(2002) d/233141. (4) oj c 18, 25.1.2003, p. 3. (5) commission decision 2004/393/ec of 12 february 2004 concerning advantages granted by the walloon region and brussels south charleroi airport to the airline ryanair in connection with its establishment at charleroi (oj l 137, 30.4.2004, p. 1). (6) judgment of 17 december 2008 in case t-196/04 ryanair ltd v commission of the european communities [2008] ecr ii-3646, ecli:eu:t:2008:585. (7) see footnote 2. (8) oj c 99, 4.4.2014, p. 3. (9) note from belgium of 24 february 2014. (10) article 3.2 of the region/bsca agreement. (11) under article 12 of the schedule of conditions, the fire service is defined by reference to the standards of the international civil aviation organisation. (12) under articles 12 and 19 of the schedule of conditions, the maintenance service is defined as technical maintenance services for buildings, runways, surrounding areas, vehicle fleet, etc., and as maintenance of land, buildings and building facilities, and equipment forming part of the concession or placed at the disposal of the concession, such that they are always fit for their intended purpose. (13) article 10.1 of the region/bsca agreement. (14) under article 13.2 of the region/bsca agreement, bsca is responsible for cleaning and maintaining the concession area. it must also carry out all major or minor repairs required. however, amendment no 1 to the agreement limits bsca's responsibility solely to those major repairs caused by a lack of urgent maintenance. (15) article 22 of the schedule of conditions annexed to the region/bsca agreement. (16) article 18 of the region/bsca agreement. (17) under the decree of 16 december 1999 containing the general expenditure budget of the walloon region for the budget year 2000, and the order of 27 september 2000 of the walloon government granting an operating subsidy to bsca intended to cover the costs of the fire and maintenance services at charleroi airport for the year 2000. (18) under the decree of 14 december 2000 containing the general expenditure budget of the walloon region for the budget year 2001, and the order of 4 october 2001 of the walloon government granting an operating subsidy to bsca intended to cover the costs of the fire and maintenance services at charleroi airport for the year 2001. (19) this study concerned the development plan for brussels south charleroi airport over the medium term (5 years) and long term (20 years). it made reference to the project for a new north terminal and contained a precise description of the proposed investments. (20) this study highlighted the potential niche markets for charleroi airport, including the possibility of a low-cost airline base, with ryanair being mentioned. it calculated the investments to be made in order to develop the airport: runway system, compulsory purchases, drainage and other networks, excavation and backfill work, new terminal, service car park and private access to the airport, public road access and other aspects (fuel, control tower, vehicle fleet, etc.). (21) this study confirmed the development segment for charleroi airport, i.e. low-cost, regional and charter airlines. it confirmed that ryanair represented an opportunity for the rapid development of traffic in the short term, with five aircraft based at the airport. it also analysed the technical conditions for the arrival of the easyjet and go airlines, as well as regional and charter airlines. (22) these technical constraints were linked to the need for a category iii ils (instrument landing system) to allow aircraft to land in poor visibility. this system is vital for handling airlines with aircraft based at the airport and also scheduled airlines. at the time, the initial version of the a rop 'le airport business park project extended much further to the south, which would have made it impossible to develop any airport infrastructures. (23) a financial contribution from the soci t r gionale wallonne du transport (srwt) was envisaged at the time, but abandoned in the end. the aforementioned note therefore indicates that the existing texts (concession agreement, schedule of conditions and related protocols) will therefore need to be adapted in line with the new arrangements to be made for financing the investments. (24) sent as annex 19 to the letter from belgium of 26 august 2003. (25) sent as annex 2 to the letter from belgium of 24 february 2014. (26) article 3.2.2 of amendment no 3 of 29 march 2002 to the region/bsca agreement. (27) this task covers (i) the collection of all information on aircraft movements; (ii) the collection of various aircraft documents; and (iii) the planning and management of aircraft parking stands. (28) guidance of aircraft to the parking stand. (29) the security services include screening, remote surveillance, security rounds and patrols, access control and issue of visitor badges. the security tasks have been delegated to bsca security, a company that is 51 % owned by the region and 49 % by bsca. (30) the safety and security tasks within charleroi airport were entrusted to bsca under the decree of 19 december 2007 amending the decree of 23 june 1994 on the creation and operation of airports and aerodromes located in the walloon region. also under this decree, the security tasks were delegated by bsca to bsca security, a public limited company created for this purpose and owned 49 % by bsca and 51 % by the region. (*1) information covered by professional secrecy (31) sambrinvest is a venture capitalist active in the charleroi-thuin region. its object is to support and develop smes. up to 2012, sambrinvest was 50 % owned by the walloon region. (32) igretec is the intercommunal body for the management and conduct of technical and economic studies (intercommunale pour la gestion et la r alisation d'etudes techniques et economiques). it is participating in the development and restructuring of charleroi through the development of the airport, the neighbouring airport business park, and industrial areas. igretec involves 68 communes, mainly in the province of hainaut. it is chaired by the prime minister of the walloon region. (33) the soci t wallonne de gestion et de participation (sogepa) is the preferred financial arm of the walloon region for assistance given to restructuring businesses. it acts through either loans or capital, and manages the holdings, obligations, advances or interests of the walloon region or itself in such companies, through tasks delegated by the government. (34) decision of 23 may 2001 entitled development of airports, establishment of a financial mechanism and creation of a specialised company. it was through this decision that the walloon government approved sowaer's articles of association, financial plan, budget forecasts and management structure. it invited sogepa to form sowaer and stipulated that the financing of environmental measures, excluding insulation, shall be examined by sowaer in consultation with the concession-holders. (35) letters from the belgian authorities of 21 september 2011 and 6 february 2014. (36) this company was liquidated in 2011. (37) this programme is identical to the programme mentioned in recital 41. (38) according to the sowaer note of 3 april 2003 to the walloon government, due to this revision, the investment programme increased from eur 93 million to eur 150,8 million, i.e. an increase of eur 57,8 million, of which: (a) eur 33 million was for the extension of the passenger terminal beyond that originally planned; (b) eur 3 million was for the second phase of construction of the control tower; (c) eur 2 million was for the security programme; (d) eur 1,6 million was for sowaer to cover the budget liabilities; (e) eur 1,5 million was due to recosting the purchases of land around the airport; (f) eur 12 million was to make provision for any deductions and adjustments; (g) eur 4,8 million was described as a variation. (39) see note from belgium of 6 february 2014. (40) this amount excludes the compulsory additional investment programme (which is not examined in this decision) and the investments financed solely by bsca. (41) article 11 of the 2002 sowaer/bsca agreement. (42) idem. (43) article 11.3 of the 2002 sowaer/bsca agreement stipulates that bsca shall be exempt from paying the fixed fee in the amount of the subsidy from the walloon region that it has not received or will no longer receive for a reason that is not attributable to bsca or that is outside its control. (44) article 12 of the 2006 sowaer/bsca agreement. (45) the indexation is annual from 2007. it is calculated using the belgian consumer price index. (46) the cap of eur 956 533 corresponds to the cap of eur 883 689 (stipulated in the 2002 sowaer/bsca agreement) plus 2 % per year. (47) according to this amendment, the region's financial compensation to bsca is no longer intended to cover solely the costs associated with using the airport land, buildings and infrastructure placed at its disposal by sowaer in order to provide the fire protection and ground traffic and airport site safety services. amounts are therefore included in the region's budget under the heading of bsca subsidy allowing it to perform the public service tasks forming part of the operation of airports. (48) article 12.3 of the 2006 sowaer/bsca agreement stipulates that bsca shall be exempt from paying the price for the services in the amount of the financial compensation from the walloon region that it has not received or will no longer receive for a reason that is not attributable to bsca or that is outside its control. (49) this amount is indexed at 2 % per year. it applies to the surface areas included within the sub-concession from the date of their acquisition by sowaer. (50) annex 2 to the letter from belgium of 24 february 2014. (51) annex 2 to the letter from belgium of 24 february 2014. (52) article 12 of the schedule of conditions. (53) idem. (54) article 19 of the schedule of conditions. (55) investment costs and/or investment depreciation costs were not mentioned in the earlier texts. (56) the fire protection and ground traffic and airport site safety services. (57) annex 10 to the letter from belgium of 5 february 2014 contains the articles of association of bsca security. (58) the paragraph in question also refers to the ground traffic and airport site safety services. (59) the security subsidy is paid to bsca security. (60) the financial plan indicates that the development envisaged for bsca and sab will require significant capital increases (in addition to external financing) and therefore monitoring by sowaer. (61) the other shares resulting from the capital increase were subscribed, in the total amount of approximately eur 133 000, by certain minor shareholders: the companies sonaca, carolo parking and igretec. (62) on 6 july 2012 bsca concluded a new agreement with ryanair. as this agreement is not included within either the measures identified in the opening decision or those identified in the 2012 extension decision, it is not examined in this decision. (63) information provided during the meeting on 24 june 2003 between the commission and the belgian authorities. (64) while the landing fee was calculated according to the tonnage weight of aircraft under the general system applicable to all airlines, it was calculated on a different basis for ryanair and collected for each departing passenger. (65) point 1.3 of the contract between bsca and ryanair of 2 december 2001. (66) point 1.5 of the contract between bsca and ryanair of 2 december 2001. (67) point 4 of annex c to the contract between bsca and ryanair of 2 december 2001. (68) point 1.6 of and annex c to the contract between bsca and ryanair of 2 december 2001. (69) fees per departing passenger, according to the figures provided in the response from the belgian authorities of 14 july 2011. the fees for the years 2001 to 2003 are the same as those for 2004. (70) article 2 of the 2001 contract. (71) letter sent to the commission in a letter from the belgian authorities of 13 september 2004. this letter followed on from a memorandum of intent (moi) concluded on 8 april 2004. (72) point 3b of the letter of 24 june 2004. (73) the total number of passengers having used the airport in 2004 was 2 034 140 (see table 1). (74) articles 35 and 36 of the decree of 3 february 2005 on economic recovery and administrative simplification. these provisions were applied to charleroi airport through amendment no 4 to the 1991 concession agreement between the region and bsca, which provided in article 1 that the concession-holder shall set and collect from users the amount of the airport charges payable for using the airport that it manages. (75) letter from the belgian authorities of 14 july 2011 and http://www.charleroi-airport.com/en/b2b/airport-charges/regularcharter-flights/index.html (76) fees per departing passenger, according to the figures provided in the response from the belgian authorities of 14 july 2011. (77) the region's projections do not take account of the annual indexation of the landing fees nor of the increase in the number of ryanair passengers above 1,75 million. these two corrections have an opposite impact on the actual amount of the fees per passenger paid by ryanair. (78) regulation (ec) no 1107/2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (oj l 204, 26.7.2006, p. 1). (79) this amount is annually indexed, see http://www.charleroi-airport.com/en/b2b/airport-charges/regularcharter-flights/index.html (80) prm fee year n + 1 = eur [0,10-0,30] ryanair passengers in 2009/ryanair passengers in year n. the number of ryanair passengers in 2009 was 3 289 725. (81) promocy was the joint venture between bsca and ryanair, which was formed under the 2001 agreements. (82) response from belgium sent on 18 march 2014 to the commission, entitled response to the commission's request for information of 7 february 2014 (answer to question 18). (83) bac submits that a private investor would expect a return on investment of at least eur 14 million (5 %) based on the eur 281 million investment made by sowaer in the bsca infrastructure. however, sowaer received a return of only 0,66 % after corporation tax in 2009, and neither the region nor sowaer benefited from other revenues, such as dividends, between 2002 and 2007. between 2007 and 2009 the dividend paid was less than eur 400 000, and in 2010 the region received a eur 4,66 million dividend. in addition, the bsca infrastructure costs accounted for only 6,7 % of revenues in 2009, whereas these would normally be expected to be one of the airport's most significant costs. accordingly, bac's annual depreciation costs amount to 30 % of annual revenues. (84) see footnote 8. (85) decision 2004/393/ec, recital 300. (86) direct costs per aircraft and per rotation out of brussels airport, including landing, passenger, ground handling and other fees. based on a forecast volume of 1 700 000 passengers in 2003, the cost difference is eur 23 million. (87) council directive 96/67/ec of 15 october 1996 on access to the groundhandling market at community airports (oj l 272, 25.10.1996, p. 36). directive last amended by regulation (ec) no 1882/2003 of the european parliament and of the council of 29 september 2003 adapting to council decision 1999/468/ec the provisions relating to committees which assist the commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in article 251 of the ec treaty (oj l 284, 31.10.2003, p. 1). (88) the company cites the example of shannon in ireland. shannon granted advantages to ryanair for a time, but they were not renewed. ryanair decided to transfer its operations to another airport and shannon did not achieve the expected reasonable return on investment. (89) judgment of 22 march 1977 in case 78/76 steinike & weinlig v federal republic of germany [1977] ecr 595, ecli:eu:c:1977:52: any breach by a member state of an obligation under the treaty in connexion with the prohibition laid down in article 92 cannot be justified by the fact that other member states are also failing to fulfil this obligation. the effects of more than one distortion of competition on trade between member states do not cancel one another out but accumulate and the damaging consequences to the common market are increased (paragraph 24). (90) at frankfurt-hahn and london stansted airports, the charges are allegedly higher and the reductions lower, despite which ryanair operates 49 destinations from london and 15 from frankfurt-hahn, compared with 9 from charleroi. (91) judgment of 12 december 2000 in case t-128/98 a roports de paris v commission of the european communities [2000] ecr ii-3929, ecli:eu:c:2000:290. (92) judgment of 14 january 2004 in case t-109/01 fleuren compost bv v commission of the european communities [2004] ecr ii-127, ecli:eu:t:2004:4, paragraph 18. (93) commission decision 2008/948/ec of 23 july 2008 on measures by germany to assist dhl and leipzig halle airport c 48/06 (ex n 227/06) (oj l 346, 23.12.2008, p. 1), recital 291. (94) see annex 3 to the comments from belgium submitted on 23 may 2012. (95) decision 2008/948/ec, recital 182. (96) judgment of 24 march 2011 in cases t-443/08 and t-455/08 freistaat sachsen and land sachsen-anhalt (t-443/08) and mitteldeutsche flughafen ag and flughafen leipzig-halle gmbh (t-455/08) v european commission [2011] ecr ii 1311, paragraph 225. (97) see footnote 89. (98) judgment of 24 july 2003 in case c-280/00 altmark trans gmbh and regierungspr sidium magdeburg v nahverkehrsgesellschaft altmark gmbh, and oberbundesanwalt beim bundesverwaltungsgericht [2003] ecr i-7447, ecli:eu:c:2003:415. (99) article 6(1)(x)(7o) of the institutional reform act (belgian official gazette, 15 august 1980, p. 9434). (100) now belgocontrol. (101) belgian official gazette, 9 march 1990, p. 4439. (102) council directive 96/82/ec of 9 december 1996 on the control of major-accident hazards involving dangerous substances (oj l 10, 14.1.1997, p. 13), known as the seveso directive. (103) which is not the case with airports. (104) recital 182. (105) regulation (ec) no 2320/2002 of the european parliament and of the council of 16 december 2002 establishing common rules in the field of civil aviation security (oj l 355, 30.12.2002, p. 1). (106) article 5.1. (107) annex 15 to the letter from belgium of 24 february 2014. (108) note approved by the walloon government on 8 november 2000, p. 2. (109) commission decision 2005/842/ec of 28 november 2005 on the application of article 86(2) of the ec treaty to state aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (oj l 312, 29.11.2005, p. 67). (110) commission decision of 28 october 2009 on the financing of public hospitals in the iris network in the brussels-capital region, state aid case nn 54/2009, obtained from the europa website. (111) see footnote 103. (112) commission staff working document, frequently asked questions in relation with commission decision of 28 november 2005 on the application of article 86(2) of the ec treaty to state aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest, and of the community framework for state aid in the form of public service compensation (sec(2007) 1516 final, p. 6). (113) council regulation (ec) no 659/1999 of 22 march 1999 laying down detailed rules for the application of article 93 of the ec treaty (oj l 83, 27.3.1999, p. 1). (114) see recital 10 of commission regulation (ec) no 1998/2006 of 15 december 2006 on the application of articles 87 and 88 of the treaty to de minimis aid (oj l 379, 28.12.2006, p. 5). (115) decision of the commission of 1 august 2006 on the guidelines on closure of assistance (2000-2006) from the structural funds, com (2006) 3424 final, not published, obtained from the europa website. (116) judgment of 14 january 2004 in case t-109/01 fleuren compost bv v commission of the european communities [2004] ecr ii-127, ecli:eu:t:2004:4, paragraph 74. (117) judgment of 15 february 2001 in case c-99/98 republic of austria v commission of the european communities [2001] ecr i-1101, ecli:eu:c:2001:94, paragraphs 34, 35 and 38. (118) recital 214 of the 2004 decision. (119) judgment of 12 september 2000 in joined cases c-180/98 to c-184/98 pavel pavlov and others v stichting pensioenfonds medische specialisten [2000] ecr i-6451, ecli:eu:c:2000:428. (120) judgment of 16 june 1987 in case 118/85 commission of the european communities v italian republic [1987] ecr 2599, ecli:eu:c:1987:283, paragraph 7; judgment of 18 june 1998 in case c-35/96 commission of the european communities v italian republic [1998] ecr i-3851, ecli:eu:c:1998:303, paragraph 36; judgment of 12 september 2000 in joined cases c-180/98 to c-184/98 pavel pavlov and others v stichting pensioenfonds medische specialisten [2000] ecr i-6451, ecli:eu:c:2000:428, paragraph 75. (121) judgment in leipzig-halle, paragraph 102 et seq. (122) judgment of 24 march 2011 in joined cases t-455/08 flughafen leipzig-halle gmbh and mitteldeutsche flughafen ag v european commission ecli:eu:t:2011:117 and t-443/08 freistaat sachsen and land sachsen-anhalt v european commission (hereinafter leipzig-halle judgment) [2011] ecr i-1311, paragraphs 93, 95, 100 and 119. see also adp judgment, confirmed by the judgment of the court of justice of 24 october 2002 in case c-82/01p a roports de paris v commission of the european communities [2002] ecr i-9297, ecli:eu:c:2002:617, and by judgment of 17 december 2008 in case t-196/04 ryanair ltd v commission of the european communities [2008] ecr ii-3643, ecli:eu:t:2008:585, paragraph 88. (123) judgment of 17 february 1993 in joined cases c-159/91 and c-160/91 christian poucet v assurances g n rales de france and caisse mutuelle r gionale du languedoc-roussillon [1993] ecr i-637, ecli:eu:c:1993:63. (124) idem. (125) adp judgment. (126) see footnote 8. (127) judgment of 10 january 1994 in case c-364/92 sat fluggesellschaft mbh v eurocontrol[1994] ecr i-43, ecli:eu:c:1994:7, paragraph 30, and judgment of 26 march 2009 in case c-113/07 selex sistemi integrati spa v commission of the european communities and organisation europ enne pour la s curit de la navigation a rienne (eurocontrol) [2009] ecr i-2207, ecli:eu:c:2009:191, paragraph 71. (128) footnote 29 of the aviation guidelines. see also judgment of 12 december 1996 in case t-358/94 compagnie nationale air france v commission [1996] ecr ii-2109, ecli:eu:t:1996:194, paragraph 79, judgment of 14 january 2004 in case t-109/01 fleuren compost bv v commission [2004] ecr ii-127, ecli:eu:t:2004:4, paragraph 74, judgment of 2 december 2008 in joined cases t-362/05 and t-363/05 nuova agricast v commission [2008] ecr ii-297, ecli:eu:t:2008:541, paragraph 80, and judgment of 30 november 2009 in joined cases t-427/04 and t-17/05 france and france t l com v commission [2009] ecr ii-4315, ecli:eu:t:2009:474, paragraph 321. (129) see recital 228 of this decision. (130) see footnote 37. (131) see footnote 121. (132) point 35 of the aviation guidelines. (133) radio navigation system providing landing assistance during bad weather. (134) commission decision eu) 2016/1698 of 20 february 2014 concerning measures sa.22932 (11/c) (ex nn 37/07) implemented by france in favour of marseille provence airport and airlines using the airport (notified under document c(2014) 870) .(oj l 260, 27.9.2016, p. 1). (135) judgment of 18 march 1997 in case c-343/95 diego cal & figli srl v servizi ecologici porto di genova spa (sepg) [1997] ecr i-1547, ecli:eu:c:1997:160; commission decision n309/2002 of 19 march 2003, and commission decision n438/2002 of 16 october 2002, aid in support of the public authority functions in the belgian port sector. (136) in accordance with regulation (ec) no 2320/2002, aviation security shall mean the combination of measures and human and natural resources intended to safeguard civil aviation against acts of unlawful interference. the common basic standards on aviation security measures are based on the recommendations of european civil aviation conference (ecac) document 30 and are laid down in the annex to regulation (ec) no 2320/2002. (137) see footnote 129. (138) annex forming an integral part of amendment no 6 to the region/bsca agreement. (139) article 25.2 of the schedule of conditions, as amended by amendment no 6 of 15 january 2008 to the region/bsca agreement. (140) see footnote 50. (141) see footnote 52. (142) see footnote 89. (143) see footnote 90. (144) flight tracking and recording involves adding information on flights (number of passengers, aircraft registration, name of pilot, type of aircraft, nature of flight, origin, weight of aircraft, etc.) to the database of the walloon administration. (145) flight planning involves communications, flight plans, slots, radio announcements and management of aircraft parking stands. (146) marshalling consists of two tasks: (i) marshalling on stand, which is carried out by the area coordinator when an aircraft arrives, and (ii) follow me marshalling, which involves guiding the aircraft with a vehicle. this service is used only for pilots who are unfamiliar with the airport (business aviation) or for category d large aircraft. (147) see footnote 85. (148) judgment of 11 july 1996 in case c-39/94 syndicat fran ais de l'express international (sfei) and others v la poste and others [1996] ecr i-3547, ecli:eu:c:1996:285, paragraph 60; judgment of 29 april 1999 in case c-342/96 kingdom of spain v commission of the european communities [1999] ecr i-2459, ecli:eu:c:1999:210, paragraph 41. (149) see footnote 92. (150) see footnote 92. (151) oj c 8, 11.1.2012, p. 4. (152) commission decision 2013/664/eu of 25 july 2012 on measure sa.23324 c 25/07 (ex nn 26/07) finland finavia, airpro and ryanair at tampere-pirkkala airport (oj l 309, 19.11.2013, p. 27). (153) see note of 8 november 2000 from the minister with responsibility for the economy in the walloon government. (154) judgment of 21 january 1999 in joined cases t-129/95, t-2/96 and t-97/96 neue maxh tte stahlwerke gmbh and lech-stahlwerke gmbh v commission of the european communities [1999] ecr ii-17, ecli:eu:t:1999:7, paragraph 120. (155) the 2 % growth rate is in fact used in the successive agreements between the region/sowaer and bsca, for example for the growth rate of the variable fee cap. (156) judgment of 11 july 1996 in case c-39/94 syndicat fran ais de l'express international (sfei) and others v la poste and others [1996] ecr i-3547, ecli:eu:c:1996:285, paragraphs 60 and 61. (157) as indicated in the investment programme planned for charleroi airport, annexed to the sowaer/bsca agreement of 15 april 2002. (158) as indicated by bsca. (159) see page 10 of the sowaer business plan annexed to the region's decision of 23 may 2001. (160) see end of recital 431. (161) this stems from an ex post analysis based on the sowaer balance sheet for 2002. the average debt/equity ratio for airlines is 35 % according to damodaran: risk premiums for other markets 2001 (http://pages.stern.nyu.edu/~adamodar/). (162) source: damodaran: risk premiums for other markets 2001 (http://pages.stern.nyu.edu/~adamodar/). (163) the beta coefficient is a key factor in the capital asset pricing model. it measures the relative cost-effectiveness of an asset compared to the market. (164) see footnote 156. (165) interest rate on 10-year belgian bonds in april 2002. (166) note from belgium entitled wallonia's response to the request for information of 14 february 2014 (question 13), received by the commission on 7 february 2014. (167) belgium refers to these services as non-economic services. (168) judgment of 2 july 1974 case 173/73 italian republic v commission of the european communities [1974] ecr 709, ecli:eu:c:1974:71. (169) see footnote 155. (170) see footnote 156. (171) interest rate on 10-year belgian bonds in april 2003. (172) while increasing, for example, the handling charges in order to maintain its total revenue. (173) decree of 19 december 2007 amending the decree of 23 june 1994 on the creation and operation of airports and aerodromes located in the walloon region. (174) report presented on behalf of the planning, transport, energy and housing committee of the walloon parliament by mr e. stoffels on 6 december 2007 on the draft decree amending the decree of 23 june 1994 on the creation and operation of airports and aerodromes located in the walloon region. (175) coordinated management means giving airport operators total control over customer handling, including security and safety tasks. (176) according to the deloitte & touche report, it is clear from this analysis that the average annual profitability of the funds invested on the basis of the amended business plan and over an estimated period of 10 years is 27 %, and that this rate of return must be compared to a rate for the market risk for this type of activity of 15 % per year. (177) judgment of 12 may 2011 in joined cases t-267/08 and t-279/08 r gion nord-pas-de-calais (t-267/08) and communaut d'agglom ration du douaisis (t-279/08) v european commission [2011] ecr ii-1999, ecli:eu:t:2011:209, paragraph 108. (178) idem. (179) judgment of 16 may 2002 in case c-482/99 french republic v commission of the european communities (stardust marine) [2002] ecr i-4397, ecli:eu:c:2002:294. (180) note from belgium of 21 september 2011 (question 2). (181) the financial plan indicates that the development envisaged for bsca and sab will require significant capital increases (in addition to external financing) and therefore monitoring by sowaer. (182) distances indicated by the website https://www.google.com/maps (183) http://www.charleroi-airport.com/en/the-airport/location-and-catchment-area/index.html (184) see footnote 174. (185) see note from belgium of 13 may 2014 (answer to question 1). (186) article 11 of bsca's articles of association dated 10 december 2009. (187) article 5 of the articles of association stipulates that category a shareholders may be only the walloon region, or any specialised companies formed by the latter, the limited company sambrinvest, sogepa or igretec. (188) article 5 of the articles of association stipulates that category c shareholders may be only belgian airports and entities to which belgian airports may freely transfer its shares. (189) see, in particular, judgment of 29 april 1999 in case c-342/96 kingdom of spain v commission of the european communities [1999] ecr i-2459, ecli:eu:c:1999:210, paragraph 41. (190) in particular, bsca was a public undertaking at the time when these measures were granted. (191) see footnote 8. (192) see the commission decision 2011/60/eu of 27 january 2010 on state aid c 12/08 (ex nn 74/07) slovakia agreement between bratislava airport and ryanair (oj l 27, 1.2.2011, p. 24), recitals 88 and 89. (193) in other words, if the incremental profitability expected from this transaction is positive. (194) the footnotes have not been reproduced. (195) point 66. (196) with regard to the incremental operating costs (staff, other purchases), the commission used the total cost figures from the business plans and a regression allowing the way in which these cost items develop in line with traffic to be assessed. (197) source: note of the walloon government annexed to the minutes of the walloon government meeting of 8 november 2000. (198) see footnote 22. (199) see footnote 156. (200) iata, roland berger international, study commissioned by grands travaux de marseille. (201) including both departing and arriving passengers. (202) response from belgium sent on 18 march 2014 to the commission (answer to question 10). (203) see footnote 156. (204) see footnote 198. (205) see footnote 156. (206) see footnote 76. (207) the tax correction notices were sent to the commission by belgium on 22 july 2014. they were received by promocy after the sale. they concern the 2003, 2004, 2005 and 2006 financial years and involve a total amount of approximately eur 15 million. (208) see footnote 74. (209) letter from ryanair to bsca of 30 november 2009, provided by belgium on 22 july 2014. (210) see ryanair letter of 30 november 2009. (211) earnings before interest and taxes. (212) see projected income statement presented to bsca's board of directors. (213) regulation (ec) no 1107/2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (oj l 204, 26.7.2006, p. 1). (214) article 8(3) of regulation (ec) no 1107/2006 states that the managing body of an airport may, on a non-discriminatory basis, levy a specific charge on airport users for the purpose of funding this assistance. (215) these reasons are fourfold: the number of prms on board is limited to four for ryanair (based on the authorisations issued by the irish safety authorities for the type of aircraft operated), whereas other airlines operating at charleroi airport have not set a maximum number of prms per flight. ryanair requires the presence of a prm on board to be notified 48 hours in advance, failing which the service is not provided. other airlines do not impose any such requirement, which means that responsibility must be assumed by bsca, despite the failure to provide advance notice, and leads to additional costs for bsca. ryanair's meeting of arrival and departure times allows this service to be organised more efficiently. the clear procedure generally applied by ryanair for prms (they are asked to arrive at the airport at least 1 hour and 40 minutes before the flight departs) allows this service to be optimised for bsca and therefore reduces the costs compared to other airlines. (216) knowing that the ryanair traffic accounted for 3 289 725 passengers in 2009 and assuming that half of those passengers were departing passengers. (217) see footnote 209. (218) see footnote 210. (219) judgment of 9 june 2011 in joined cases c-465/09 to c-470/09 diputaci n foral de vizcaya and others v european commission [2011] ecr i-83*, ecli:eu:c:2011:372. (220) see, for example, the note to the walloon government annexed to the decision of 8 november 2000, page 9 et seq. (221) tractebel strategic development study on charleroi airport completed in april 2000. roland berger study in july 2000 on the development of an airport strategy for wallonia. study commissioned by grands travaux de marseille on the potential development of charleroi airport. (222) following the failure of sabena at the end of 2001, traffic at brussels airport fell from 19,7 million in 2001 to 14,4 million in 2002. (223) see footnote 209. (224) the catchment areas of both airports include the brussels-capital region, which has 1,2 million inhabitants and a population density of 7 250 inhabitants per km2. the population density of belgium (which obviously does not correspond exactly to the catchment areas of the two airports) is one of the highest in the world at 364 inhabitants per km2. (225) the catchment areas of both airports include the brussels-capital region. this is the seat of european institutions, international organisations and multinational companies, thus creating strong demand for air services. in addition, the gross domestic product per capita in belgium (which obviously does not correspond exactly to the catchment areas of the two airports), expressed in purchasing power standards, is 20 % higher than the european union average (source: eurostat). (226) actual average annual passenger traffic during the two financial years preceding that in which the aid is notified or actually granted or paid in the case of non-notified aid. in the case of a newly created passenger airport the forecasted average annual passenger traffic during the two financial years after the beginning of the operation of commercial passenger air traffic should be considered. these thresholds refer to a one-way count. this means a passenger flying for example to the airport and back would be counted twice; it applies to individual routes. if an airport is part of a group of airports, the passenger volume is established on the basis of each individual airport. (227) more specifically, a discount rate of 9 % was used (see recital 437). this was based on a weighted average cost of capital of 9 %, which was itself based on a rate of return on equity of 9 %, given that sowaer had no debts. (228) in comparison, the distance between frankfurt hahn airport and the main frankfurt airport is 120 km. (229) times and distances indicated by the website https://www.google.com/maps (230) see table 4: annual traffic statistics for charleroi airport. (231) see points 131 and 137 of the aviation guidelines. (232) for the year 2000: decree of 16 december 1999 containing the general expenditure budget of the walloon region for the budget year 2000, and order of 27 september 2000 of the walloon government granting an operating subsidy to bsca intended to cover the costs of the fire and maintenance services at charleroi airport for the year 2000. for the year 2001: decree of 14 december 2000 containing the general expenditure budget of the walloon region for the budget year 2001, and order of 4 october 2001 of the walloon government granting an operating subsidy to bsca intended to cover the costs of the fire and maintenance services at charleroi airport for the year 2001. (233) in the end, this revision did not take place until 2013. however, the introduction of a revision date still significantly amended the measure. (234) judgment of 20 september 1990 in case c-5/89 commission of the european communities v federal republic of germany [1990] ecr i-3437, ecli:eu:c:1990:320, paragraph 14; judgment of 14 january 1997 in case c-169/95 kingdom of spain v commission of the european communities [1997] ecr i-135, ecli:eu:c:1997:10, paragraph 51; judgment of 15 december 2005 in case c-148/04 unicredito italiano spa v agenzia delle entrate, ufficio genova 1 [2005] ecr i-11137, ecli:eu:c:2005:774, paragraph 104. (235) judgment of 22 june 2006 in joined cases c-182/03 and c-217/03 kingdom of belgium (c-182/03) and forum 187 asbl (c-217/03) v commission of the european communities [2006] ecr i-5479, ecli:eu:c:2006:416, paragraph 147. (236) idem. (237) case 265/85 van den bergh en jurgens and van dijk food products lopik v commission [1987] ecr 1155, paragraph 44. (238) these fees correspond to the variable part of the concession fee, as the fixed part to be paid by bsca is compensated by a payment from the region to bsca. (239) 2 % is the inflation target of the european central bank. (240) these additional concession fees have been calculated by assuming that they increased by 2 % per year. (241) idem. (242) the table is based on the assumption that traffic at charleroi airport will be such that the variable concession fee (a) will continue to be capped in 2014 and 2015 under the applicable provisions. if this does not prove to be the case, the amounts indicated in column (a) for 2014 and 2015 should be replaced by the amounts payable by bsca under the variable concession fee. this does not affect columns (b) and (c). (243) these amounts are the same as those in the previous table up to 2013 inclusive. for 2014, a ratio of (273/365) has been applied, as the period from 1 january to 30 september consists of 273 days. (244) see article 14(2) of regulation (ec) no 659/1999 (op. cit.). (245) commission regulation (ec) no 794/2004 of 21 april 2004 implementing council regulation (ec)no 2015/1589 laying down detailed rules for the application of article 108 of the treaty on the functioning of the european union (oj l 140, 30.4.2004, p. 1). annex information on amounts received, to be recovered and already recovered identity of the beneficiary total amount of the aid received (*1) total amount of the aid to be recovered (*1) (principal) total amount already repaid (*1) principal interest (*1) eur million

name: commission implementing decision (eu) 2016/2092 of 28 november 2016 amending decision 2011/163/eu on the approval of plans submitted by third countries in accordance with article 29 of council directive 96/23/ec (notified under document c(2016) 7569) (text with eea relevance ) type: decision_impl subject matter: trade; health; fisheries; animal product; processed agricultural produce; africa; asia and oceania; europe date published: 2016-11-30 30.11.2016 en official journal of the european union l 324/11 commission implementing decision (eu) 2016/2092 of 28 november 2016 amending decision 2011/163/eu on the approval of plans submitted by third countries in accordance with article 29 of council directive 96/23/ec (notified under document c(2016) 7569) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 96/23/ec of 29 april 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing directives 85/358/eec and 86/469/eec and decisions 89/187/eec and 91/664/eec (1), and in particular the fourth subparagraph of article 29(1) and article 29(2) thereof, whereas: (1) directive 96/23/ec lays down measures to monitor the substances and groups of residues listed in annex i thereto. article 29 of that directive requires that third countries from which member states are authorised to import animals and animal products covered by that directive submit a residue monitoring plan providing required guarantees (the plan). the plan should at least apply to the groups of residues and substances listed in that annex i. (2) commission decision 2011/163/eu (2) approves plans submitted by certain third countries concerning specified animal and animal products as listed in the annex to that decision. (3) in the light of the recent plans submitted by certain third countries and additional information obtained by the commission from those third countries, it is necessary to update the list of third countries from which member states are authorised to import certain animals and animal products, as provided for in directive 96/23/ec, as currently listed in the annex to decision 2011/163/eu (the list). (4) while the united arab emirates have not provided a residue monitoring plan for domestically produced aquaculture, the united arab emirates have provided guarantees in respect of aquaculture raw material originating either from member states or from third countries which are approved to export such raw material to the european union. an entry for the united arab emirates for aquaculture with the appropriate footnote should therefore be added in the list. (5) gambia is currently included in the list for aquaculture. however, gambia has not provided a plan as required by article 29 of directive 96/23/ec and has declared that export to the eu is no longer taking place. the entry for that third country concerning aquaculture should therefore be deleted from the list. gambia has been informed accordingly. (6) georgia has submitted a plan for honey to the commission. that plan provides sufficient guarantees and should be approved. an entry for georgia for honey should therefore be included in the list. (7) kenya is currently included in the list for milk. however, kenya has not provided a plan as required by article 29 of directive 96/23/ec and has declared that residue testing is not currently being carried out and it is not expected to be implemented in 2016 and that export to the eu could no longer take place. the entry for that third country concerning milk should therefore be deleted from the list. kenya has been informed accordingly. (8) lebanon is currently included in the list for honey. however, lebanon has not provided a plan as required by article 29 of directive 96/23/ec. the entry for that third country concerning honey should therefore be deleted from the list. lebanon has been informed accordingly. (9) in order to avoid any disruption to trade, a transitional period should be laid down to cover the relevant consignments from lebanon, which were certified and dispatched to the union before the date of application of this decision. (10) 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 the annex to decision 2011/163/eu is replaced by the text set out in the annex to this decision. article 2 for a transitional period until 1 february 2017, member states shall accept consignments from lebanon of honey provided that the importer can demonstrate that such consignments were certified and dispatched to the union prior to 15 december 2016 in accordance with decision 2011/163/eu. article 3 this decision is addressed to the member states. done at brussels, 28 november 2016. for the commission vytenis andriukaitis member of the commission (1) oj l 125, 23.5.1996, p. 10. (2) commission decision 2011/163/eu of 16 march 2011 on the approval of plans submitted by third countries in accordance with article 29 of council directive 96/23/ec (oj l 70, 17.3.2011, p. 40). annex annex code iso2 country bovine ovine/ caprine porcine equine poultry aqua-culture milk eggs rabbit wild game farmed game honey ad andorra x x x x ae united arab emirates x (3) x (1) al albania x x x am armenia x x ar argentina x x x x x x x x x x x au australia x x x x x x x x ba bosnia and herzegovina x x x x x bd bangladesh x bn brunei x br brazil x x x x x bw botswana x x x by belarus x (2) x x x bz belize x ca canada x x x x x x x x x x x x ch switzerland x x x x x x x x x x x x cl chile x x x x x x x x cm cameroon x cn china x x x x x co colombia x cr costa rica x cu cuba x x do dominican republic x ec ecuador x et ethiopia x fk falklands islands x x x fo faeroe islands x ge georgia x gh ghana x gl greenland x x x gt guatemala x x hn honduras x id indonesia x il israel (7) x x x x x x in india x x x ir iran x jm jamaica x jp japan x x ke kenya x kg kyrgyzstan x kr south korea x x lk sri lanka x ma morocco x x md moldova x x x x me montenegro x x x x x x x mg madagascar x x mk former yugoslav republic of macedonia (4) x x x x x x x x x mm republic of the union of myanmar x mu mauritius x mx mexico x x x my malaysia x (3) x mz mozambique x na namibia x x nc new caledonia x (3) x x x x ni nicaragua x x nz new zealand x x x x x x x x pa panama x pe peru x ph philippines x pm saint pierre and miquelon x pn pitcairn islands x py paraguay x rs serbia (5) x x x x (2) x x x x x x ru russia x x x x x x x (6) x rw rwanda x sa saudi arabia x sg singapore x (3) x (3) x (3) x (8) x (3) x x (3) x (8) x (8) sm san marino x x (3) x sr suriname x sv el salvador x sz swaziland x th thailand x x x tn tunisia x x x tr turkey x x x x x tw taiwan x x tz tanzania x x ua ukraine x x x x x x x ug uganda x x us united states x x x x x x x x x x x uy uruguay x x x x x x x ve venezuela x vn vietnam x x za south africa x x zm zambia x zw zimbabwe x x (1) camel milk only. (2) export to the union of live equidae for slaughter (food producing animals only). (3) third countries using only raw material either from member states or from other third countries approved for imports of such raw material to the union, in accordance with article 2. (4) the former yugoslav republic of macedonia; the definitive nomenclature for this country will be agreed following current negotiations at un level. (5) not including kosovo (this designation is without prejudice to positions on status, and is in line with unscr 1244 and the icj opinion on the kosovo declaration of independence). (6) only for reindeer from the murmansk and yamalo-nenets regions. (7) hereafter understood as the state of israel, excluding the territories under israeli administration since june 1967, namely the golan heights, the gaza strip, east jerusalem and the rest of the west bank. (8) only for commodities of fresh meat originating from new zealand, destined to the union and being unloaded, reloaded and transited with or without storage through singapore.

name: commission implementing decision (eu) 2016/2086 of 28 november 2016 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in sweden (notified under document c(2016) 7852) type: decision_impl subject matter: europe; regions of eu member states; agricultural activity; international trade; agricultural policy date published: 2016-11-29 29.11.2016 en official journal of the european union l 321/80 commission implementing decision (eu) 2016/2086 of 28 november 2016 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in sweden (notified under document c(2016) 7852) (only the swedish text is authentic) 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(3) 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(3) 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. that directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza. (5) sweden notified the commission of an outbreak of highly pathogenic avian influenza of subtype h5n8 in a holding on its territory where poultry or other captive birds are kept and it immediately took the measures required pursuant to directive 2005/94/ec, including the establishment of protection and surveillance zones. (6) the commission has examined those measures in collaboration with sweden, and it is satisfied that the borders of the protection and surveillance zones, established by the competent authority in that member state, are at a sufficient distance to the actual holding where the outbreak was confirmed. (7) 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 describe the protection and surveillance zones established in relation to highly pathogenic avian influenza in sweden at union level. (8) accordingly, pending the next meeting of the standing committee on plants, animals, food and feed, the protection and surveillance zones in sweden, where the animal health control measures as laid down in directive 2005/94/ec are applied, should be defined in the annex to this decision and the duration of that regionalisation fixed. (9) this decision is to be reviewed at the next meeting of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 sweden shall ensure that the protection and surveillance zones established in accordance with article 16(1) of directive 2005/94/ec comprise at least the areas listed in parts a and b of the annex to this decision. article 2 this decision shall apply until 31 december 2016. article 3 this decision is addressed to the kingdom of sweden. done at brussels, 28 november 2016. 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). annex part a protection zone as referred to in article 1: iso country code member state name se sweden area comprising: those parts of helsingborg municipality (adns code 01200) contained within a circle of a radius of three kilometres, centred on wgs84 dec. coordinates n56,053495 and e12,848939. part b surveillance zone as referred to in article 1: iso country code member state name se sweden area comprising: the area of the parts of the municipalities of helsingborg, ngelholm, bjuv and storp (adns code 01200) extending beyond the area described in the protection zone and within the circle of a radius of of ten kilometres, centred on wgs84 dec. coordinates n56,053495 and e12,848939.

name: commission decision (eu) 2016/2084 of 10 june 2016 on state aid sa.38132 (2015/c) (ex 2014/nn) additional pso compensation for arfea (notified under document c(2016) 3472) (text with eea relevance ) type: decision subject matter: competition; economic policy; regions of eu member states; consumption; land transport; europe; organisation of transport; trade policy date published: 2016-11-29 29.11.2016 en official journal of the european union l 321/57 commission decision (eu) 2016/2084 of 10 june 2016 on state aid sa.38132 (2015/c) (ex 2014/nn) additional pso compensation for arfea (notified under document c(2016) 3472) (only the italian text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 108(2) thereof, having regard to the agreement on the european economic area, and in particular article 62(1)(a) thereof, having called on interested parties to submit their comments pursuant to the provision(s) cited above (1) and having regard to their comments, whereas: 1. procedure (1) by electronic notification of 9 january 2014, the italian authorities notified, in accordance with article 108(3) tfeu, the additional compensation awarded by the regional administrative court of piedmont) to arfea - aziende riunite filovie ed autolinee (arfea), for the provision of passenger transport services by bus based on concessions granted by the italian piedmont region (the region) during the period 1997-1998 (the period under review). (2) the notification was registered under case number sa.38132. following a request for information sent by the commission on 7 february 2014 to clarify whether the additional compensation had been paid, the region confirmed on 11 march 2014 having paid the additional compensation to arfea on 7 february 2014, that is, after the italian government had notified the measure to the commission. the measure is therefore treated as a non-notified measure. (3) further information was provided by the italian authorities on 7 april 2014 and 21 may 2014 and, following a request for information sent by the commission on 24 july 2014, additional information was provided by the italian authorities on 20 august 2014. (4) by letter dated 23 february 2015, the commission informed italy that it had decided to initiate the procedure laid down in article 108(2) of the treaty on the functioning of the european union (hereinafter tfeu) in respect of the aid. the italian authorities submitted their observations on the opening decision by letter of 16 april 2015. (5) in its decision to initiate the procedure, which was published in the official journal of the european union (2), the commission invited interested parties to submit their comments on the measure. (6) the only third party to submit observations in reply to the opening decision was arfea, the beneficiary of the measure. its submission was received on 30 july 2015 and forwarded to italy on 18 august 2015, which was given the opportunity to react. italy's comments were received by letter dated 24 september 2015. 2. detailed description of the aid 2.1. the company and the services provided (7) arfea is a private company providing local public transport services based on concessions and private commercial transport services. more specifically, according to the italian authorities, arfea operated a network of bus connections as concessionaire in the province of alessandria and the province of asti (the provinces) throughout the period under review (1997 and 1998). the company also provided other private services, such as touristic services and bus rentals. (8) according to the information provided by the italian authorities, the region has already paid public contributions to arfea for the above-mentioned service during the period 1997-1998 pursuant to the framework decision of the regional government (delibera della giunta regionale or d.g.r.) no. 658-2041 of 16 february 1984 (the 1984 framework decision) implementing law no. 151/1981 (3) and regional law no. 16/1982 (4). those laws established the rules for granting public contributions for investments and operating deficits of entities or undertakings providing passenger transport services. according to article 1 of regional law no. 16/82, such services are those normally meant for the collective transportation of people or goods provided continuously or periodically with tariffs, times, frequencies and predefined itineraries and undifferentiated offer. in 1997, arfea also requested and obtained additional public contributions from the region under article 12 of law no. 472/1999 for 1997. since it appears that those public contributions were awarded to arfea more than ten years before the commission sent its first request for information to the italian state, those contributions will not be subject to an assessment under the present decision. (9) in 2007, following a judgment of the consiglio di stato (the italian supreme administrative court) awarding retroactive public service compensation to a transport service provider directly under regulation (eec) no 1191/69 of the council (5) in addition to the compensation it had already received under national law (6), arfea requested additional public service compensation from the region on the basis of that regulation for the economic disadvantages it suffered as a result of public service obligations (psos) allegedly imposed upon it in 1997 and 1998, respectively. according to arfea, the amount of compensation it received, as calculated under national legislation, did not allow for the full compensation of its deficits in operating the psos. that request was rejected by the region by notes of 14 may 2007 and 25 january 2008. by appeals nos. 913/2007 and 438/2008, arfea and other service providers challenged those notes rejecting their requests for additional compensation. 2.2. the judgments of the regional administrative court of piedmont (tribunale amministrativo regionale del piemonte tar piemonte) (10) by judgments of 18 february 2010 (sentenze nos. 976 and 977/2010), the regional administrative court of piedmont (the regional administrative court) upheld arfea's appeals and concluded that it was entitled to receive additional compensation for the public service it had carried out, in accordance with the regulation (eec) no 1191/69. (11) in those judgments, the regional administrative court held that an undertaking operating a public service cannot be denied its claim for repayment of the costs effectively incurred in performing that service. the inadequate level of contribution applied by italy would have represented an unjustified disadvantage for the concessionaire. the regional administrative court further considered that arfea was entitled to receive public service compensation even in the absence of a prior request for the elimination of the psos. according to the regional administrative court, the precise amount of the additional compensation owed to arfea had to be determined by the region on the basis of reliable data taken from the accounts of the company, showing the difference between the costs attributable to the portion of arfea's activities associated with the pso and the corresponding revenues. however, the region failed to calculate the amount of compensation that had to be paid to arfea, as ordered by the regional administrative court. (12) by orders (ordinanze istruttorie) nos. 198 and 199 of 14 february 2013, the regional administrative court appointed an expert (the expert) to undertake the task of verifying whether the amounts claimed by arfea (eur 1 446 526 for 1997 and eur 421 884 for 1998) had been calculated in compliance with regulation (eec) no 1191/1969 and paragraphs 87 to 95 of the altmark judgment (7). it appears from the judgments of the regional administrative court (giudizio per l'ottemperanza) nos. 1070 and 1071/2013 of 10 october 2013, that the expert verified that the economic disadvantage in the form of an undercompensation suffered by arfea was eur 1 196 780 for 1997 and eur 102 814 for 1998. the regional administrative court quantified the amounts of additional compensation the region was obliged to pay to arfea accordingly and ordered payment of those sums to take place by 7 february 2014. the italian authorities confirmed that the payment of those sums was made by the region to arfea on 7 february 2014. (13) it is the payment of those additional compensations by the region to arfea as a consequence of judgments nos. 1070 and 1071/2013 that constitute the non-notified measures and which are the subject of the present decision. 2.3. amount of additional compensation (14) as explained in the preceding section, the regional administrative court appointed an expert to determine the additional compensation owed to arfea by the region. on 17 june 2013, the expert issued two reports, one for 1997 and one for 1998. the expert made accounting corrections to the calculation of the amount of compensation made by arfea's consultants but confirmed that the methodology used for the calculation of the additional compensation was in line with articles 10 et seq. of regulation (eec) no 1191/69 and paragraphs 87 to 95 of the altmark judgment. the methodology employed by the expert was the following: (a) calculate the difference between the net costs and revenues originating from the provision of psos; (b) from the amount calculated under (a), deduct the public contributions already granted to arfea (the verified deficit); (c) the verified deficit was then compared to the net financial effect equivalent to the total of the effects, positive or negative, of compliance with the public service obligation on the costs and revenue of the public service operator (8). to this end, the expert calculated the net financial effect following the methodology indicated in the annex to regulation (ec) no 1370/2007 of the european parliament and of the council (9). (15) in its reports, the expert explains that the data used for the verification was certified by the region. in contrast to the claim made by the italian authorities, the expert considers that it is possible to determine, on the basis of arfea's accounts, which were the costs incurred in the discharge of public service obligations allegedly imposed by the piedmont region. according to the expert, some costs can be allocated directly, while some common costs can only be separated by making an indirect attribution of such costs to arfea's public and private activities. the indirect allocation of common costs was done on the basis of parameters indicated in the so-called base model (modelli base) prepared by arfea allegedly on the basis of instructions provided by the region (so called instructions 97). such parameters indicated the percentage of activity for the urban and inter-city public service performed in the region and the percentage of other private activities (e.g. bus rentals). the expert applied these percentages to the common costs for which it was allegedly not possible to keep separate accounts. (16) as regards compliance with the altmark judgment, the expert does not take a view on whether arfea was actually entrusted with clearly defined psos as this was not within his mandate. he confirms that the parameters for the calculation of the public contributions were established by the 1984 framework decision and that the additional compensation verified in his reports does not exceed what is necessary to cover all or part of the costs incurred in discharging the psos, taking into account the relevant receipts and a reasonable profit for discharging those obligations. (17) the expert agrees with the calculations made by arfea's consultants on the reasonable profit, which is defined as an average remuneration of capital, based on the following assumptions: (a) the invested capital was calculated as the net assets of arfea resulting from the accounts (in 1997: itl 7,98 billion) minus the regional contributions for investments. the amount was then reduced to reflect the proportion of the assets used to provide public services only, using the relevant percentage of arfea's activities. the resulting amount for 1997 was itl 1,6 billion. (b) based on the formula chosen by the consultant for calculating the required return on invested capital, the relevant rate of return was set at 12,39 % for 1997 and 10,81 % for 1998; (18) finally, the expert maintains that the unit costs of arfea in 1997 and 1998 are coherent with those of a typical well-run undertaking providing similar services on the market. (19) as a result, the additional compensations for 1997 and 1998 (eur 1 196 780 for 1997 and eur 102 814 for 1998) would correspond to the difference between the verified deficit and the net financial effect, minus the public contributions already paid by the region. 2.4. the concessions agreements (20) the italian authorities provided 28 concessions (disciplinari di concessione) granted by the provinces to arfea for the provision of services on 27 regional routes and one interregional route, with different validity dates. some of the concessions were clearly in force during the period under review, while for others there is no evidence of renewal but only of subsequent modifications: concession validity 1. alessandria - voghera (interregional service) 1996 2. acqui mombaruzzo 15.9.1993-31.12.93 evidence of modifications, the last one in september 1996 3. acqui - spinetta - industrial factories (linea operaia) 1996 - evidence of modifications, the last one in october 1998 4. oviglio - asti fs 18.10.93 - 31.12.93 - evidence of modifications, the last one in september 1996 5. alessandria mirabello casale 1986 - evidence of modifications, the last one in 1994 6. alessandria - ovada 1.6.97-31.12.97 (signed in 1999 - the concession mentions payments from arfea for both 1997 and 1998) 7. altavilla - casale 1983 - evidence of modifications, the last one in 1994 8. arquata spinetta - alessandria - industrial factories michelin and montedison (linea operaia) 1997 (signed in 1998) 9. cassano spinola - novi - industrial factory (ilva) 15.9.93-31.12.93 - evidence of modifications, the last one in september 1997 10. avolasca tortona 1.3.83-31.12.83 - evidence of modifications, the last one in 1995 11. moretti - acqui terme 15.9.93-31.12.93 - evidence of modifications, the last one in 1996 12. novi ligure tortona 1998 (previous concession from 1994 is mentioned) 13. sarizzola-tortona 15.9.93-31.12.93 - evidence of modifications, the last one in 1995 14. fontanile-alessandria 15.9.93-31.12.93 - signed in 1996 15. isola s. antonio tortona 8.11.93-31.12.93 - evidence of modifications, the last one in 1996 16. mombaruzzo-quattordio 1993 - evidence of modifications, the last one in november 1996 17. altavilla-alessandria 18.10.93 - evidence of modifications, the last one in june 1996 18. arquata tortona 29.9.97-31.12.98 - signed in 1999 19. garbagna tortona 1997 - signed in october 1998 20. bassignana - alessandria 18.10.93-31.12.93 - evidence of modifications, the last one in 1997 21. caldirola - alessandria 1.4.96-31.12.96 - signed november 1996 22. masio - alessandria 18.10.93-31.12.93 - last modifications agreed in october 1997 as from april 1997 23. quattordio - alessandria request 1993 - evidence of the renewal in 1994, 1995, 1996 and 1997 24. s.agata fossili - tortona 1.4.92-31.12.92 - evidence of modifications, the last one in 1995 25. torre garofoli - tortona 1973 - evidence of modifications, the last one in 1993 26. castelnuovo s.- spinetta m. 1981 - evidence of modifications, the last one in 1997 27. acqui - alessandria 1994 - evidence of modifications, the last one in 1999 28. alessandria - acqui terme 1994 - evidence of modifications, the last one in 1996 (21) all concessions are annual concessions, the renewal of which was subject to the introduction of a request for renewal at least one month before the expiry of the concession and to the payment of a concession fee. they all stipulate that the services were carried out entirely at the risk of the undertaking. several concessions refer to regional tables establishing tariffs. five concessions indicate that the provision of the service does not constitute a right to a subsidy or compensation of any kind. the remaining 23 concessions indicate that access to public contributions is subordinated to compliance with the provisions of the concessions and that the relevant calculations shall be made on the basis of the 1984 framework decision (10). 2.5. grounds for initiating the procedure (22) as explained in the opening decision, the commission had several doubts regarding the compatibility of the measure with the internal market. (23) first, the commission questioned whether the four conditions laid down by the court of justice of the european union (cjeu) in its altmark case-law had been fulfilled. (24) second, the commission had doubts whether the measure at stake was exempted from the notification obligation under article 17(2) of regulation (eec) no 1191/69. in particular, the commission expressed doubts first whether any pso had been unilaterally imposed on arfea by the region and, second, whether the compensation at stake complied with all the requirements of regulation (eec) no 1191/69. if neither of these conditions was shown to have been satisfied, the compatibility of the notified measure would need to be assessed under regulation (ec) no 1370/2007. (25) third, the commission had doubts regarding the compatibility of the measure at stake under regulation (ec) no 1370/2007. the commission questioned whether arfea had been entrusted with public service obligations (pso) within the meaning of regulation (ec) no 1370/2007 by way of a public service contract or by way of general rules. to the extent that the concession agreements could be considered as public service contracts, the commission doubted that these agreements met the requirements of article 4 of regulation (ec) no 1370/2007, establishing the mandatory content of public service contracts. the commission also had doubts on whether the calculation of the compensation granted to arfea met the requirements laid down in regulation (ec) no 1370/2007 in order to avoid overcompensation. (26) fourth, the commission had doubts regarding the exact nature of the measure at stake. in particular, the commission questioned whether the measure at stake could, instead of an award of public service compensation, be considered as an award of damages for wrongful act, which does not constitute an advantage in the meaning of 107(1) of the tfeu. 3. comments from italy (27) in their submissions, the italian authorities considered that the notified measure constituted state aid within the meaning of article 107(1) tfeu, specifically because it did not satisfy all the conditions laid down by the european court of justice in its altmark judgment. the italian authorities also considered that the compensation awarded by the region neither complied with regulation (eec) no 1191/69 nor with regulation (ec) no 1370/2007. in this regard italy submitted essentially the following arguments. (28) the italian authorities stressed that neither a unilateral nor a contractual imposition of public service obligations existed for the bus services during the period concerned. first, italy maintains that arfea operated on the basis of concessions which had to be renewed annually upon the request of the company. those concessions (28 in total, listed in recital 19 above) included an obligation to use a tariff system approved by the region for a pre-determined schedule in return for the exclusive right to provide the relevant services, but did not identify any specific psos within the meaning of article 2 of regulation (eec) no 1191/69. similarly, in the opinion of the italian authorities, those concessions did not indicate compensation parameters established in advance referring to specific psos. the award of ex post compensation by means of a judgment from a national court would be incompatible with that requirement. (29) second, all concessions documents specify that the service is to be provided entirely at the company's own risk and that the cost is to be borne in full by the service provider. despite the fact that the concessions provided by the italian authorities stipulated that the operation of the service was operated entirely at the company's own risk, arfea repeatedly requested the prolongation of those concessions. (30) third, the concession documents also show that the routes served by the company's buses were changed several times at the company's request, and it can therefore be ruled out that any public service obligations were imposed, even implicitly, by the awarding regional or provincial authority. (31) furthermore, the italian authorities explained that in return for the exclusive right to provide the transport services, on the conditions specified with the changes made at its request, the company received the operating contributions provided for by italian law as remuneration for the services provided, based on a standard cost calculated on the basis of the 1984 framework decision. the standard cost of the service was calculated in accordance with the legislation then in force (law no 151/81 and regional law no 16/82), which made provision for a contribution to the costs of providing local public transport services on the basis of standard eligible expenditure. this was intended to fully cover the company's operating deficit. under the italian legislation such operating contributions were intended to enable the service provider to achieve economic balance, whereas any further deficits were to be ascribed to inefficient management by the provider. accordingly, it was expressly provided that any such deficits were to be borne by the company, on the ground that it had failed to adopt all the measures required to reduce costs and increase revenues. (32) the italian authorities also maintain that the calculation of the additional compensation made ex post by the court mandated expert is in clear breach of the requirements of the common compensation procedure set out in articles 10 et seq. of regulation (eec) no 1191/69. according to the italian authorities, the expert consulted by the court simply analysed the costs and revenues presented by the company's consultant, which had been determined ex post and in the absence of proper separation of accounts. it then, concluded that, apart from a few items where discrepancies were found, the result obtained was essentially correct. (33) the italian authorities further consider that the compensation does not meet either the requirements of regulation (ec) no 1370/2007. in particular, the calculation of the amount of compensation would not respect the method set out in the annex to regulation (ec) no 1370/2007 to calculate the net financial effect of compliance with psos. (34) finally, the italian authorities argue that the judgments of the regional administrative court ordered to pay arfea financial compensation for the discharge of service obligations in 1997 and 1998, but did not award compensation for damages arising as a result of those contributions not having been paid. the italian authorities explained that arfea lodged on 6 june 2014 an application for an award of damages in addition to the compensation it had already been granted by the regional administrative court. according to the italian authorities, this would show that the compensation granted to arfea by the regional administrative court, and which are the object of the present decision, did not constitute an award of damages. 4. comments from interested parties (35) the only interested party to submit observations in response to the opening decision was arfea, the beneficiary of the measure. in its submissions, arfea disagrees with the preliminary positions taken by the commission in the opening decision. (36) arfea argues first that the compatibility and legality of the measure at stake should be assessed by the commission only under regulation (eec) no 1191/69 and not under regulation (ec) no 1370/2007. according to arfea, regulation (ec) no 1370/2007 cannot apply to situations which originated before its entry into force, i.e. 3 december 2009, as would have been confirmed by the general court in its judgment of 20 march 2013 in andersen case t-92/11. arfea maintains however that, in any event, the compensations granted to it comply with the requirements of regulation (ec) no 1370/2007. (37) second arfea claims that it was entrusted with public services obligations in the meaning of article 2(1) and 2(2) of regulation (eec) no 1191/69. according to arfea, local public transport services are public services. in italy, these services would be assigned by way of administrative concessions and public services obligations attached to the provision of these services would be laid down in the concession agreements as well as in agreements and regulations attached to these concessions agreements. in arfea's case, these public service obligations would concern operating programmes, bus routes, stops and tariffs. as regards the fact that the concessions specified that the services was to be operated at the companies own risk, arfea argues that this relates to safety risks for passengers and third parties, not to a general business risk. (38) third, arfea claims that its failure to request the termination of these psos, as required by article 4 of regulation (eec) no 1191/69, does not deprive it of its right to compensation under regulation (eec) no 1191/69. according to arfea, the procedure imposed by article 4 of regulation (eec) no 1191/69 would not apply to psos which were imposed on an undertaking after the entry into force of regulation (eec) no 1191/69. this interpretation of article 4 of regulation (eec) no 1191/69 would, according to arfea, be supported by the judgment of the court of justice of 3 march 2014 in ctp case c-518/12. (39) fourth, as regards the calculation of the amount of compensation granted to it by the regional administrative court of the region of piedmont, arfea argues that the report of the expert mandated by the court cannot be questioned by the commission because it is a preliminary technical activity that would fall exclusively under the responsibility of the national courts. in any event, according to arfea, the parameters for the calculation of the compensation would have been set in advance in the decision of the regional council of 16 february 1984 and it would not have been overcompensated. the compensations at stake would therefore comply with the requirements set in that regard by regulation (eec) no 1191/69. (40) fifth, according to arfea, the arguments summarised in recitals 37 to 39 above would also apply for the assessment of the compatibility of the compensation at stake with the requirements of regulation (ec) no 1370/2007. however, as regards the compliance of these compensations with the formal requirements imposed by this regulation cited by the commission in recitals 64 and following of its opening decision, arfea argues that they should not apply in the case at stake. according to arfea, it would be legally and logically impossible to demonstrate compliance with these requirements, as the situation at stake predates by many years the entry into force of regulation (ec) no 1370/2007. (41) finally, arfea claims that the compensations awarded to it by the regional administrative court of the region of piemonte meet the four altmark conditions. first, arfea would have been entrusted with clearly defined public service obligations, in accordance with the first altmark condition. second, the parameters for compensation would have been set in advance in a transparent and objective manner in the decision of the regional council of 16 february 1984, in accordance with the second altmark condition. third, the expert report would have established that the compensation did not exceed the cost of the discharge of the public service obligations, including a reasonable profit, in accordance with the third altmark condition. finally, arfea would qualify as a typical and well run undertaking in the meaning of the fourth altmark criterion, as evidenced by the fact that its average cost/km was below the standard regional costs. 5. comments on third party comments (42) in their comments on arfea's comments, the italian authorities reaffirm their position expressed in their comments to the opening decision without additional comments. 6. assessment of the aid 6.1. existence of aid (43) according to article 107(1) of the treaty, any aid granted by a member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the provision of certain goods shall, in so far as it affects trade between member states, be incompatible with the internal market. (44) accordingly, for a support measure to be considered state aid within the meaning of article 107(1) the treaty, it must cumulatively fulfil all of the following conditions: it must be granted by the state or through state resources, it must confer a selective advantage, by favouring certain undertakings or the production of certain goods, it must distort or threaten to distort competition, and it must affect trade between member states. 6.1.1. imputability and state resources (45) the commission notes that the judgments of the regional administrative court require the region to pay additional compensation to arfea with respect to the provision of scheduled bus services in 1997 and 1998 concerning regional routes. the expert verified that arfea suffered an economic disadvantage in the form of an undercompensation in the amount of eur 1 196 780 for 1997 and eur 102 814 for 1998, as a result of psos allegedly being imposed upon it. on 7 february 2014, the region effectively paid this sum to arfea in order to comply with these judgments. (46) the fact that the region is obliged by a national court to pay compensation to an undertaking does not render the region complying with that judgment unimputable, since the domestic courts of that state are to be considered organs of that state and are thus bound by their duty of sincere cooperation (11). (47) the measure is thus imputable to the state and the resources from which that compensation has been paid are state resources. 6.1.2. selective economic advantage (48) the commission notes at the outset that arfea is engaged in an economic activity, namely passenger transportation against remuneration. therefore, arfea should be considered an undertaking within the meaning of article 107(1) of the treaty. (49) the grant of the measure should also be considered selective, since it benefits only arfea. (50) as regards the granting of an economic advantage, it follows from the altmark judgment that compensation granted by the state or through state resources to undertakings in consideration for psos imposed on them does not confer such an advantage on the undertakings concerned, and hence does not constitute state aid within the meaning of article 107(1) of the treaty, provided four cumulative conditions are satisfied: first, the recipient undertaking is actually required to discharge psos and those obligations have been clearly defined, second, the parameters on the basis of which the compensation is calculated have been established beforehand in an objective and transparent manner, third, the compensation does not exceed what is necessary to cover all or part of the costs incurred in discharging the public service obligations, taking into account the relevant receipts and a reasonable profit for discharging those obligations, fourth, where the undertaking which is to discharge public service obligations is not chosen in a public procurement procedure, the level of compensation needed has been determined on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with means of transport so as to be able to meet the necessary public service requirements, would have incurred in discharging those obligations, taking into account the relevant receipts and a reasonable profit for discharging the obligations. (51) the altmark judgment requires that all four conditions are cumulatively satisfied to exclude the presence of an economic advantage where compensation is granted to undertakings in consideration for public services obligations imposed on them. (a) first altmark condition (52) as regards the first altmark condition, the commission notes first of all that it is for member states to show that a particular undertaking was entrusted with public service obligations and that the imposition of such public service obligations is justified by considerations of general interest (12). however, the italian authorities did not explain what public service obligations justified by considerations of general interest were imposed on arfea. on the contrary, they argued that arfea had not been entrusted with any public service obligation. (53) second, the commission notes that the notion of public service obligation relates to conditions imposed on an operator, which that operator, if it were considering its own commercial interest, would not assume or would not assume to the same extent without reward. moreover, these conditions must be clearly defined by the authority in an entrustment act. in that regard, arfea has not been able to explain precisely what public service obligations had been imposed upon it nor to show that these psos had been clearly defined in an entrustment act. moreover, for the reasons explained in recitals 77 to 82 below, the commission considers that there are serious indications that no such clearly defined public service obligations were imposed upon arfea. (b) second altmark condition (54) as regards the second altmark condition, the commission observes that, the parameters for the calculation of the compensation awarded to arfea by the judgments of the regional administrative court were not set in advance. they were determined based solely on an ex post calculation made by the expert on the basis of various assumptions which were not properly explained and in the absence of separation of accounts. (55) contrary to what arfea argues, it cannot be considered that the parameters for the calculation of these compensations had been established in the decision of the regional council of 16 february 1984. indeed, the compensations awarded to arfea by the regional administrative court are additional compensations, the purpose of which was precisely to cover the financial burden of the psos allegedly imposed on arfea, which would not have been fully covered by the compensations already granted to it in application of the decision of the regional council of 16 february 1984. (56) such an approach is in contradiction with the second altmark condition and any compensation granted on that basis constitutes state aid. the court has indeed made clear in its altmark judgment that payment by a member state of compensation for the loss incurred by an undertaking without the parameters of such compensation having been established in advance beforehand, where it turns out that after the event that the operation of certain services in connection with the discharge of public service obligations was not economically viable, constitutes a financial measure which falls within the concept of state aid within the meaning of 107 1 of the tfeu (13). (57) the commission therefore concludes that the notified measure does not meet the second altmark condition. (c) third altmark condition (58) as regards the third altmark condition, the commission considers first of all that, when an undertaking carries out both activities which are subject to psos and activities which are not subject to psos, it is not possible to determine precisely what are the costs incurred in the discharge of psos in the absence of a proper separation of account between the different activities of the provider. (59) in the present instance, the italian authorities have argued that arfea did not implement a proper separation of account between its activities allegedly subject to psos imposed by the piedmont region and its other activities. the commission also expressed doubts on whether arfea had implemented such a separation of accounts and arfea did not provide any comments on this issue. moreover, the extracts of arfea's account which the expert mandated by the court used to determine the amount of the compensations do not show any separation of account between the different activities of arfea. the cost allocation done by the court mandated expert has been done ex post, based on the base model prepared by arfea's consultants, which determined percentages of costs to be allocated to the different activities of arfea. (60) second, the commission considers that the profit levels taken into account by the expert for the calculation of the amounts of compensation are higher than what can be considered as a reasonable profit in the meaning of the third altmark condition. (61) the expert considered that a rate of return on invested capital of 12,89 % for 1997 and of 10,81 % for 1998 was a reasonable profit rate; these rates being based on the yield of italian 10 years state bond (6,8 % for 1997) plus an average risk premium (4,8 % for 1997) corrected upwards to take into account arfea's own financial situation (by 1,28 for 1997). (62) in that regard, the commission observes that the risk premium determined by the expert is particularly high, given that the risk to which arfea was exposed was rather limited. indeed, arfea operated the concessions on the basis of an exclusive right, which shielded it from competition from other operators, and the compensation determined by the expert compensated the alleged full cost incurred in the discharge of public service obligations. (63) moreover, the commission notes that, while the expert noted that the transport sector benefited from an average risk below market, it corrected the risk premium upwards in order to take into account arfea's own financial exposure which was higher than the sector's average. by doing so the expert therefore did not take into account the risk of a typical transport company but arfea's own risk, which was higher than the average of the sector. (64) taking into account the above, the commission considers that the third altmark condition is not met. (d) conclusion (65) considering the cumulative nature of the altmark conditions and the fact that the measure at stake does not comply with the first three altmark conditions, there is no need for the commission to examine whether the fourth altmark condition is met. (66) based on the above, the commission considers the additional compensation paid to arfea for services performed during the period under review does not meet the four cumulative altmark condition and therefore confer on that company a selective economic advantage for the purposes of article 107(1) of the treaty. 6.1.3. distortion of competition and effect on trade between member states (67) the commission notes, in the first place, that the compensations at stake were awarded to arfea by two judgments of the regional administrative court of piedmont of 10 october 2013 and were paid by the piedmont region on 7 february 2014, i.e. long after the market for passenger transport by bus had been opened to competition in the eu. (68) in that regard, the cjeu remarked in its altmark judgment that since 1995 several member states started to open certain transport markets to competition from undertakings established in other member states, so that a number of undertakings were already offering their urban, suburban or regional transport services in member states other than their state of origin by that point in time. (69) accordingly, any compensation granted to arfea should be considered liable to distort competition for the provision of passenger transport services by bus and liable to affect trade between member states, to the extent that it negatively impacts on the ability of transport undertakings established in other member states to offer their services in italy and strengthens the market position of arfea by relieving it of expenses it would otherwise have had to bear in the course of its day-to-day business operations. (70) the commission further notes that arfea is active on other markets, such as private transport services, and thus competes with other companies within the union on those markets. any compensation granted to arfea may also risk distorting competition and affecting trade between member states on those markets as well. (71) accordingly, the commission concludes that the measure distorts competition and affects trade between member states. 6.1.4. conclusion (72) in light of the above, the commission concludes that the measure constitutes aid within the meaning of article 107(1) of the treaty. 6.2. exemption from notification obligation under regulation (eec) no 1191/69 (73) for the reasoning of the regional administrative court to hold that arfea was entitled to additional pso compensation under regulation (eec) no 1191/69, arfea would have had to have acquired the right to additional compensation at the point in time at which it carried out those services and those compensation payments must have been exempted from the compulsory notification procedure pursuant to article 17(2) of regulation (eec) no 1191/69. otherwise, to the extent the compensation constitutes state aid within the meaning of article 107(1) tfeu, failure to notify that compensation would have rendered that compensation unlawful in accordance with article 108 tfeu. this is because, in accordance with article 17(2) of that regulation, compensation paid pursuant to this regulation is exempted from the preliminary information procedure laid down in article 108(3) tfeu and thus from notification. (74) in that regard, it follows from the combus judgment that the concept of public service compensation within the meaning of that provision must be interpreted in a very narrow manner (14). the exemption from notification provided by article 17(2) of regulation (eec) no 1191/69 covers only compensation for psos imposed unilaterally on an undertaking pursuant to article 2 of that regulation which are calculated using the method described in articles 10 to 13 of that regulation (the common compensation procedure). it does not apply however to public service contracts as defined by article 14. compensation paid pursuant to a public service contract as defined by article 14 of regulation (eec) no 1191/69, which entails state aid, must be notified to the commission before it is put into effect. failure to do so will result in that compensation being deemed illegally implemented aid in accordance with article 108 of the treaty. (75) the question whether article 17(2) of regulation (eec) no 1191/69 indeed dispensed the italian authorities from prior notification in the present case thus depends, first, on whether a pso was in fact unilaterally imposed on arfea by the region and, second, on whether the compensation paid pursuant to that obligation complies with regulation (eec) no 1191/69. the commission will examine both questions in turn. (i) pso unilaterally imposed (76) according to arfea, the piedmont region imposed upon it public service obligations which were defined in the concession agreements for the provision of bus transport services as well as in agreements and regulations attached to these concession agreements. these public service obligations would concern the operating programmes, bus routes, bus stops and tariffs. (77) the commission notes first of all that the concessions agreements clearly foresaw that they were valid for only one year and were renewable upon request of the transport provider, subject to the payment of a concession fee. it follows that these concessions formed the basis of a contractual relationship between arfea and the piedmont region, in which arfea voluntarily entered. (78) it can therefore not be considered that public service obligations in the meaning regulation (eec) no 1191/69 were unilaterally imposed upon arfea on the basis of these agreements. as recalled by the general court in its judgment of 3 march 2016 in simet case t-15/14, a voluntary adhesion to a contractual relationship is different from a unilateral imposition of psos and does not give rise to an obligation of compensation under regulation (eec) no 1191/69 (15). (79) second, the commission notes that arfea did not clearly identify the agreements and regulations attached to the concession agreements, which would have imposed upon it public service obligations. the commission understands however that arfea refers to the agreements on the bus routes and timetables which were attached to the concession agreements and to tables establishing regional tariffs, to which some of the concession agreements referred. (80) as regards these agreements on bus routes and timetables, the commission notes that they cannot be considered to impose unilaterally psos on arfea. indeed, as the concessions agreements themselves, they were voluntarily concluded by arfea. moreover, the content of these agreement, e.g. the bus routes, has been modified at arfea's request for several concessions. they can therefore not be considered to have imposed unilaterally public service obligations in the meaning of article 2 of regulation (eec) no 1191/69. (81) as regards tables establishing regional tariffs, which establish maximum tariffs for all passengers, the commission notes that the general court has clearly explained in its judgment of 3 march 2016 in simet case t-15/14 that such general rules on tariffs do not impose psos in the meaning of article 2 of regulation (eec) no 1191/69. indeed, according to the court, the notion of tariff obligations in the meaning of that provision is limited to maximum tariffs imposed for a particular category passengers or products and does not cover general measures of price policy (16). (82) finally the commission notes that, in any event, the fact that arfea requested the renewal of the concessions and even paid a concession fee for it is hardly reconcilable with the imposition of any public service obligation in the meaning of article 2(1) of regulation (eec) no 1191/69. indeed, pursuant to that provision, public service obligation means obligations which the transport undertaking in question, if it were considering its own commercial interest, would not assume or would not assume to the same extent or under the same conditions. as observed by the general court in its judgment of 3 march 2016 in simet case t-15/14, it is difficult to admit an undertaking would ask for the renewal of a concession, taking into account the obligations attached to it, while the execution of that concession is not in its commercial interest. (ii) compliance of the compensation with the common compensation procedure (83) even if psos were shown to have been unilaterally imposed on arfea in the present case, quod non, the compensation for those services would still need to comply with the common compensation procedure (section iv) of regulation (eec) no 1191/69 to be exempted from prior notification under article 17(2) of that regulation. the commission does not consider this to be the case. (84) in that regard, the commission recalls first that it follows from articles 10 and 11 of regulation (eec) no 1191/69 that a compensation may not be higher than the financial burden born by an undertaking as a result of the imposition of public service obligations. moreover, article 1 paragraph 5 of regulation (eec) no 1191/69, in its version applicable as of 1 july 1992, provided that: where a transport undertaking not only operates services subject to public service obligations but also engages in other activities, the public services must be operated as separate divisions meeting at least the following conditions: (a) the operating accounts corresponding to each of these activities shall be separate and the proportion of the assets pertaining to each shall be used in accordance with the accounting rules in force; [ ] (85) second, the commission recalls that article 13 of regulation (eec) no 1191/69 requires that the administration fixes the amount of the compensation in advance. (86) in the present instance, the commission considers that the compensations awarded to arfea do not comply with these requirements. (87) first, the commission notes that, as indicated in recital 59 above, it has not been shown that arfea implemented a proper separation of accounts between its activities allegedly subject to psos and its other activities, as required by article 1 paragraph 5 (a) of regulation (eec) no 1191/69. on the contrary, the extracts of arfea's accounts for the years 1997 and 1998, which the expert mandated by the court used to determine the amount of the compensations, rather show that costs were not separated per activity. (88) second, the commission notes that, contrary to article 13 of regulation (eec) no 1191/69, the compensation awarded to arfea has not been set in advance but has been determined on the basis of an ex post assessment, as prescribed by the regional administrative court. (89) in light of these observations, the commission concludes that the additional compensations awarded by the regional administrative court of piedmont to arfea was not exempted from compulsory prior notification on the basis of article 17(2) of regulation (eec) no 1191/69. 6.3. compatibility of the aid (90) since it has not been shown that the measure under review was exempted from prior notification pursuant to article 17(2) of regulation (eec) no 1191/69, the compatibility of those payments with the internal market will need to be examined, as they are considered to constitute state aid within the meaning of article 107(1) of the treaty, as explained in section 6.1. (91) in that regard, article 93 of the treaty contains rules for the compatibility of state aid in the area of coordination of transport and psos in the field of transport and constitutes a lex specialis with respect to article 107(3), as well as article 106(2), as it contains special rules for the compatibility of state aid. the cjeu has ruled that this provision acknowledges that aid to transport is compatible with the internal market only in well-defined cases which do not jeopardise the general interests of the [union] (17). (92) on 3 december 2009, regulation (ec) no 1370/2007 entered into force and repealed regulation (eec) no 1191/69 and regulation (eec) no 1107/70 of the council (18). regulation (ec) no 1370/2007 applies to the compensation of psos concerning public passenger transport services by rail and by road. (93) the commission considers that the examination of the compatibility of the non-notified measure should be conducted under regulation (ec) no 1370/2007, since that is the legislation in force at the time the present decision is adopted. the commission also notes that the additional compensation awarded to arfea by the regional administrative court was paid on 7 february 2014 (19). (94) article 9(1) of regulation (ec) no 1370/2007 states [p]ublic service compensation for the operation of public passenger transport services or for complying with tariff obligations established through general rules paid in accordance with this regulation shall be compatible with the [internal] market. such compensation shall be exempt from the prior notification requirement laid down in article [108(3)] of the treaty. (95) for the reasons set out below, the commission considers that the non-notified compensation does not comply with regulation (ec) no 1370/2007, so that it cannot be declared compatible with the internal market under article 9(1) of that regulation. (96) first, the commission notes that the concessions agreements do not meet the requirements of article 4 of this regulation, which establishes the mandatory content of general rules and public service contracts establishing public service obligations: article 4(1)(b) requires the parameters on the basis of which the compensation is calculated to be established in advance in an objective and transparent manner in a way that prevents overcompensation. however, as explained above in recitals 54 to 57 concerning the fulfilment of the second altmark condition, the additional compensations granted to arfea were not calculated on the basis parameters established in advance in an objective and transparent manner. article 4(1)(c) and article 4(2) require that the public service contract provides the arrangements for the allocation of costs and revenues connected with the provision of the services. however, the concession agreements did not contain any arrangements regarding the allocation of costs and revenues and, as explained in recital 59 above, arfea did not apply a proper separation of accounts between its different activities. (97) second, the commission notes that the measure at stake does not meet the relevant requirements of regulation (ec) no 1370/2007 concerning the calculation of the amount of compensation. (98) article 6(1) of regulation (ec) no 1370/2007 provides that, in the case of directly awarded public service contracts, compensation must comply with the provisions of regulation (ec) no 1370/2007 and with the provisions laid down in the annex to ensure that the compensation does not go beyond what is necessary to carry out the public service obligation. (99) point 2 of the annex to regulation (ec) no 1370/2007 provides that the compensation may not exceed an amount corresponding to the financial amount composed of the following factors: costs incurred in relation to the pso minus ticket revenue, minus any positive financial effects generated within the network operated under the public service obligation, plus a reasonable profit. point 4 of that annex requires that costs and revenues be calculated in accordance with the accounting and tax rules in force. point 5 of the annex provides that: where a public service operator not only operates compensated services subject to public transport service obligations, but also engages in other activities, the accounts of the said public services must be separated so as to meet at least the following conditions: the operating accounts corresponding to each of these activities must be separate and the proportion of the corresponding assets and the fixed costs must be allocated in accordance with the accounting and tax rules in force, all variable costs, an appropriate contribution to the fixed costs and a reasonable profit connected with any other activity of the public service operator may under no circumstances be charged to the public service in question, the costs of the public service must be balanced by operating revenue and payments from public authorities, without any possibility of transfer of revenue to another sector of the public service operator's activity. (100) however, as already noted in recital 59, arfea did not apply a proper separation of account between its activities allegedly subject to psos and its other activities, as required by point 5 of the annex to regulation (ec) no 1370/2007. consequently, it is impossible to demonstrate that whatever compensation is ultimately awarded does not exceed an amount corresponding to the net financial effect equivalent to the total of the effects, positive or negative, of compliance with the public service obligation on the costs and revenue of the public service operator (point 2 of the annex to regulation (ec) no 1370/2007). moreover, in the absence of compensation parameters laid down in advance, any calculation of compensation must necessarily be conducted ex-post on the basis of arbitrary assumptions, as was done by arfea's consultants and the expert mandated by the regional administrative court of piedmont. finally, as explained in recitals 60 to 63 the profit levels taken into account by the expert for the calculation of the amounts of compensation are higher than what can be considered as a reasonable profit. (101) third, the commission notes that arfea itself has recognised that the requirements of regulation (ec) no 1370/2007 were not met in the present case, by arguing that such compliance would be legally and logically impossible, as the situation at stake predates by many years the entry into force of the said regulation. (102) accordingly, the commission considers that the additional compensation ordered by the regional administrative court has not been paid in accordance with regulation (ec) no 1370/2007 and therefore that the additional compensation is incompatible with the internal market. 6.4. the compensation awarded by the regional administrative court does not constitute damages (103) in the opening decision, the commission invited interested parties to comment on the question whether the judgments of the regional administrative court concern an award for damages for alleged breach of law as opposed to an award of public service compensation based on the applicable council regulations. only the italian authorities submitted comments in that regard, arguing that the measure at stake constituted an award of compensation for the discharge of psos, not an award of damages. (104) the commission notes in this respect that, under certain circumstances, compensation for damages due to the wrongful act or other conduct of the national authorities (20) does not constitute an advantage and is therefore not to be considered as state aid within the meaning of article 107(1) of the treaty (21). the purpose of compensation for damage suffered is different from that of state aid since it aims to bring the damaged party back to the situation in which he found itself prior to the damaging act, as if the latter had not occurred (restitutio in integrum). (105) however, for compensation for damages to fall outside the state aid rules, it must be based on a general rule of compensation (22). moreover, in its judgment in lucchini, the cjeu held that a national court was prevented from applying national law where the application of that law would have the effect to frustrate the application of community law in so far as it would make it impossible to recover state aid that was granted in breach of community law (23). the principle underlying this pronouncement is that a rule of national law cannot be applied where such application would frustrate the proper application of union law (24). in that regard, the general court has held in its judgment of 3 march 2016 in simet case t-15/14 that an award of damages that would consist in the indemnification of a prejudice suffered as a result of the imposition of public service obligations could not escape to the qualification of state aid merely because it consisted in an award of damages, as this would allow the circumvention of articles 107 and 108 of the treaty (25). (106) as regards the additional compensations awarded to arfea by the regional administrative court, the commission notes, first of all, that the regional administrative court's judgments refer to arfea's right to receive amounts by way of compensation pursuant to articles 6, 10 and 11 of regulation (eec) no 1191/69, which must be determined by the administration on the basis of reliable data. this indicates that arfea's right to additional compensation flows, according to the regional administrative court, not from a general rule of compensation for damages as a result of a wrongful act or other conduct of the national authorities, but from rights allegedly derived from regulation (eec) no 1191/69. (107) second, the commission notes that arfea lodged on 6 june 2014 an application in front of the italian courts requesting the payment of damages by the piedmont region in addition to the compensations already granted to it by the regional administrative court. arfea alleged in its application that it suffered damages as a result of the late recognition and payment of the compensations owed to it for the years 1997 and 1998 by the region. this indicates that arfea itself does not consider that the compensations already awarded to it by the regional administrative court constitute an award of damages. (108) third, the commission considers that, in any event, an award of damages in favour of arfea to compensate for the financial burden resulting from the alleged illegal unilateral imposition of psos by the italian authorities would be in breach of articles 107 and 108 of the treaty. (109) this is because such an award would produce the exact same result for arfea as an award of public service compensation for the period under review, despite the fact that the concession agreements governing the services in question were neither exempt from prior notification nor complied with the substantive requirements of regulation (eec) no 1191/69 or regulation (ec) no 1370/2007, as demonstrated above. (110) the availability of such an award would thus effectively enable the circumvention of the state aid rules and the conditions laid down by the union legislator under which competent authorities, when imposing or contracting for psos, compensate public service operators for the costs incurred in return for the discharge of psos. indeed, an award of damages equal to the sum of the amounts of aid that were envisaged to be granted would constitute an indirect grant of state aid found to be illegal and incompatible with the internal market (26). as recalled above, the general court has made clear that, in such circumstances, state aid rules cannot be circumvented merely because the measure at stake would consist in an award of damages (27). (111) accordingly, the commission does not consider the judgment of the administrative regional court to constitute an award of compensation for damages suffered by arfea as a result of the wrongful act or other conduct of the national authorities, rather than a grant of unlawful and incompatible state aid, which is prohibited under article 107(1) of the treaty. (112) in light of the foregoing, the commission concludes that the non-notified measure constitutes state aid within the meaning of article 107(1) of the treaty which is incompatible with the internal market. 7. recovery of the aid (113) according to the treaty and the court's established case-law, the commission is competent to decide that the member state concerned must abolish or alter aid when it has found that it is incompatible with the internal market (28). the court has also consistently held that the obligation on a member state to abolish aid regarded by the commission as being incompatible with the internal market is designed to re-establish the previously existing situation (29). (114) in this context, the court has established that this objective is attained once the recipient has repaid the amounts granted by way of unlawful aid, thus forfeiting the advantage which it had enjoyed over its competitors on the market, and the situation prior to the payment of the aid is restored (30). (115) in line with the case-law, article 16(1) of council regulation (eu) no 2015/1589 (31) stated that where negative decisions are taken in cases of unlawful aid, the commission shall decide that the member state concerned shall take all necessary measures to recover the aid from the beneficiary [ ]. (116) thus, given that the measures in question were implemented in violation of article 108 of the treaty, and are to be considered as unlawful and incompatible aid, they must be recovered in order to re-establish the situation that existed on the market prior to their granting. recovery should cover the time from when the advantage accrued to arfea, that is to say when the aid was put at its disposal (i.e. on 7 february 2014), until effective recovery, and the sums to be recovered should bear interest until effective recovery, has adopted this decision: article 1 the state aid amounting to eur 1 299 594 unlawfully granted by the italian republic, in breach of article 108(3) of the treaty on the functioning of the european union, in favour of arfea is incompatible with the internal market. article 2 1. the italian republic shall recover the aid referred to in article 1 from the beneficiary. 2. the sums to be recovered shall bear interest from 7 february 2014 until their actual recovery. 3. the interest shall be calculated on a compound basis in accordance with chapter v of commission regulation (ec) no 794/2004 (32) and to commission regulation (ec) no 271/2008 (33) amending regulation (ec) no 794/2004. 4. the italian republic shall cancel all outstanding payments of the aid referred to in article 1 with effect from the date of adoption of this decision. article 3 1. recovery of the aid referred to in article 1 shall be immediate and effective. 2. the italian republic shall ensure that this decision is implemented within four months following the date of notification of this decision. article 4 1. within two months following notification of this decision, the italian republic shall submit the following information to the commission: (a) the total amount (principal and recovery interests) to be recovered from the beneficiary; (b) a detailed description of the measures already taken and planned to comply with this decision; (c) documents demonstrating that the beneficiary has been ordered to repay the aid. 2. the italian republic shall keep the commission informed of the progress of the national measures taken to implement this decision until recovery of the aid referred to in article 1 has been completed. it shall immediately submit, on simple request by the commission, information on the measures already taken and planned to comply with this decision. it shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiary. article 5 this decision is addressed to the italian republic. done at brussels, 10 june 2016. for the commission margrethe vestager member of the commission (1) oj c 219, 3.7.2015, p. 12. (2) cf. footnote [1]. (3) legge 10 aprile 1981, n. 151 legge quadro per l'ordinamento, la ristrutturazione ed il potenziamento dei trasporti pubblici locali. istituzione del fondo nazionale per il ripiano dei disavanzi di esercizio e per gli investimenti nel settore (gu n. 113 del 24.4.1981), available at: http://www.normattiva.it/uri-res/n2ls?urn:nir:stato:legge:1981-04-10;151 (4) legge regionale 23 luglio 1982, n. 16. interventi finanziari della regione nel settore del trasporto pubblico di persone (b.u. 28 luglio 1982, n. 30), available at: http://arianna.consiglioregionale.piemonte.it/base/leggi/l1982016.html (5) regulation (eec) no 1191/69 of the council of 26 june 1969 on action by member states concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway (oj l 156, 28.6.1969, p. 1). (6) sentenza n. 5043 of 28 august 2006. (7) case c-280/00 altmark trans v regierungsprasidium magdeburg eu:c:2003:415. (8) see the annex to regulation (ec) no 1370/2007 of the european parliament and of the council of 23 october 2007 on public passenger transport services by rail and by road and repealing council regulations (eec) nos 1191/69 and 1107/70 (oj l 315, 3.12.2007, p. 1). (9) according to point 2 of the annex, the effects shall be assessed by comparing the situation where the public service obligation is met with the situation which would have existed if the obligation had not been met. in order to calculate the net financial effect, the competent authority shall be guided by the following scheme: costs incurred in relation to a public service obligation or a bundle of public service obligations imposed by the competent authority/authorities, contained in a public service contract and/or in a general rule, minus any positive financial effects generated within the network operated under the public service obligation(s) in question, minus receipts from tariff or any other revenue generated while fulfilling the public service obligation(s) in question, plus a reasonable profit, equals net financial effect. (10) the 1984 framework decision established the levels of standard costs for buses and tram services for the city of turin and for other municipalities in piemonte, and further distinguished between level lines and mountain lines. article 1 specifies that standard costs were established on the basis of prudent and rigorous management criteria, taking also into account the quality of the service provided and the geographical conditions. according to article 4, the amount deriving from the application of the standard costs to the kilometres performed by the service provider represented the maximum admissible level of public contributions per year, unless the actual costs incurred by the service provider were lower than the standard costs. if this was the case, public contributions were to be granted on the basis of the actual costs of the service provider. (11) case c-527/12 commission v germany eu:c:2014:2193, paragraph 56 and the case-law cited. see also, case c-119/05 lucchini eu:c:2007:434, paragraph 59. (12) case t-17/02 fred olsen [2005] ecr ii-2031, paragraph 216; case t-289/03 bupa and others v commission [2008] ecr ii-81, paragraphs 166-169 and 172. (13) case c-280/00 altmark trans v regierungsprasidium magdeburg eu:c:2003:415, paragraph 91. (14) case t 157/01 danske busvognm nd [2004] eu:t:2004:76, points 77, 78 and 79. (15) case t-15/14, simet spa v commission, paragraph 163. (16) case t-15/14, simet spa v commission, paragraph 159. (17) case 156/77 commission v belgium [1978] eu:c:1978:180, paragraph 10. (18) regulation (eec) no 1107/70 of the council of 4 june 1970 on the granting of aids for transport by rail, road and inland waterway (oj l 130, 15.6.1970, p. 1). (19) c 303/13 p commission v. andersen, paragraph 55. (20) for example, tort or unjustified enrichment. (21) joined cases 106 to 120/87, asteris and others v greece and eec eu:c:1988:457. (22) see commission decision of 16 june 2004 on dutch aid in favour of akzo-nobel in order to minimise chlorine transports (case n 304/2003), summary notice in oj c 81, 2.4.2005, p. 4; see also commission decision of 20 december 2006 on dutch aid for relocation of car dismantling company steenbergen (case n 575/2005), summary notice in oj c 80, 13.4.2007, p. 1. (23) case c-119/05 lucchini eu:c:2007:434, paragraph 59. (24) see ibid, paragraph 61. (25) case t-15/14, simet spa v commission, paragraphs 102-103. (26) opinion of 28 april 2005 in joined cases c-346/03 and c-529/03 atzori eu:c:2005:256, paragraph 198. (27) case t-15/14, simet spa v commission, paragraph 102-103. see also the case-law of the general court on indemnification clauses for the recovery of state aid: case t-384/08 elliniki nafpigokataskevastiki ae chartofylakeiou v commission eu:t:2011:650, and case t-565/08 corsica ferries v commission eu:t:2012:415, paragraphs 23, 114 and 120 to 131. see also, by analogy, case c-111/10 commission v council eu:c:2013:785, paragraph 44. (28) see case c-70/72 commission v germany [1973] ecr 813, paragraph 13. (29) see joined cases c-278/92, c-279/92 and c-280/92 spain v commission [1994] ecr i-4103, paragraph 75. (30) see case c-75/97 belgium v commission [1999] ecr i-3671 paragraphs 64 and 65. (31) council regulation (eu) 2015/1589 of 13 july 2015 laying down detailed rules for the application of article 108 of the treaty on the functioning of the european union (oj l 248, 24.9.2015, p. 9). (32) commission regulation (ec) no 794/2004 of 21 april 2004 implementing council regulation (eu) 2015/1589 laying down detailed rules for the application of article 108 of the treaty on the functioning of the european union (oj l 140 30.4.2004, p. 1). (33) commission regulation (ec) no 271/2008 of 30 january 2008 amending regulation (ec) no 794/2004 implementing council regulation (ec) no 659/1999 laying down detailed rules for the application of article 93 of the ec treaty (oj l 82, 25.3.2008, p. 1).

name: council decision (cfsp) 2016/2083 of 28 november 2016 amending decision 2014/486/cfsp on the european union advisory mission for civilian security sector reform ukraine (euam ukraine) type: decision subject matter: european construction; eu finance; cooperation policy; europe date published: 2016-11-29 29.11.2016 en official journal of the european union l 321/55 council decision (cfsp) 2016/2083 of 28 november 2016 amending decision 2014/486/cfsp on the european union advisory mission for civilian security sector reform ukraine (euam ukraine) the council of the european union, having regard to the treaty on european union and in particular article 28, article 42(4) and article 43(2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 22 july 2014, the council adopted decision 2014/486/cfsp (1) on the european union advisory mission for civilian security sector reform ukraine (euam ukraine). (2) decision 2014/486/cfsp, as amended by decision (cfsp) 2015/2249 (2), provided euam ukraine with a financial reference amount until 30 november 2016 and a mandate until 30 november 2017. (3) on 12 may 2016, the council adopted decision (cfsp) 2016/712 (3) adapting the financial reference amount for the period until 30 november 2016. (4) a financial reference amount for the period from 1 december 2016 until 30 november 2017 should be provided for, and decision 2014/486/cfsp should therefore be amended accordingly, has adopted this decision: article 1 decision 2014/486/cfsp is amended as follows: (1) in article 14, paragraph 1 is replaced by the following: 1. the financial reference amount intended to cover the expenditure related to euam ukraine until 30 november 2014 shall be eur 2 680 000. the financial reference amount intended to cover the expenditure related to euam ukraine for the period from 1 december 2014 to 30 november 2015 shall be eur 13 100 000. the financial reference amount intended to cover the expenditure related to euam ukraine for the period from 1 december 2015 to 30 november 2016 shall be eur 17 670 000. the financial reference amount intended to cover the expenditure related to euam ukraine for the period from 1 december 2016 to 30 november 2017 shall be eur 20 800 000. the financial reference amount for the subsequent periods shall be decided by the council.; (2) in article 17, the following paragraph is inserted: 1a. the hr shall be authorised to release to the european border and coast guard agency ( frontex ) eu classified information and documents generated for the purposes of euam ukraine up to the level of classification determined by the council in accordance with decision 2013/488/eu. arrangements between the hr and frontex shall be drawn up for this purpose. article 2 entry into force this decision shall enter into force on the date of its adoption. done at brussels, 28 november 2016. for the council the president p. iga (1) council decision 2014/486/cfsp of 22 july 2014 on the european union advisory mission for civilian sector reform ukraine (euam ukraine) (oj l 217, 23.7.2014, p. 42). (2) council decision (cfsp) 2015/2249 of 3 december 2015 amending decision 2014/486/cfsp on the european union advisory mission for civilian sector reform ukraine (euam ukraine) (oj l 318, 4.12.2015, p. 38). (3) council decision (cfsp) 2016/712 of 12 may 2016 amending decision 2014/486/cfsp on the european union advisory mission for civilian security sector reform ukraine (euam ukraine) (oj l 125, 13.5.2016, p. 11).

name: commission implementing decision (eu) 2016/2065 of 24 november 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in denmark (notified under document c(2016) 7737) (text with eea relevance ) type: decision_impl subject matter: europe; agricultural policy; agricultural activity; regions of eu member states; international trade; health date published: 2016-11-25 25.11.2016 en official journal of the european union l 319/65 commission implementing decision (eu) 2016/2065 of 24 november 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in denmark (notified under document c(2016) 7737) (only the danish 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) although avian influenza is mainly found in birds, humans may occasionally also become infected under certain circumstances. (3) in the event of an outbreak of avian influenza, there is a risk that the disease agent may 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 poultry or other captive 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. that directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza. (5) demark notified the commission of an outbreak of highly pathogenic avian influenza of subtype h5n8 in a holding on its territory where poultry or other captive birds are kept and it took the measures required in accordance with directive 2005/94/ec, including the establishment of protection and surveillance zones. (6) the commission has examined the measures taken by denmark in accordance with directive 2005/94/ec and it is satisfied that the boundaries of the protection and surveillance zones, established by the competent authority of that member state, are at a sufficient distance to any holding where an outbreak has been confirmed. (7) 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 describe at union level, in collaboration with denmark, the protection and surveillance zones established in that member state. (8) accordingly, the protection and surveillance zones in denmark, where the measures provided for in directive 2005/94/ec are applied, should be described in the annex to this decision and the duration of that regionalisation should be fixed. (9) 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 denmark shall ensure that the protection and surveillance zones established in accordance with article 16(1) of directive 2005/94/ec comprise at least the areas listed as protection and surveillance zones in parts a and b of the annex to this decision. article 2 this decision shall apply until 31 january 2017. article 3 this decision is addressed to the kingdom of denmark. done at brussels, 24 november 2016. 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). annex part a protection zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 29 of directive 2005/94/ec dk denmark area comprising: 02217 those parts of helsing r municipality (adns code 02217) contained within a circle of a radius of three kilometres, centred on gps coordinates n56.0739; e12.5144. 13.12.2016 part b surveillance zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 31 of directive 2005/94/ec dk denmark area comprising: 02210 02217 02270 the area of the parts of helsing r, gribskov and fredensborg municipalities extending beyond the area described in the protection zone and within the circle of a radius of 10 kilometres, centred on gps coordinates n56.0739; e12.5144. 22.12.2016 02217 those parts of helsing r municipality (adns code 02217) contained within a circle of a radius of three kilometres, centred on gps coordinates n56.0739; e12.5144. 14.12.2016 to 22.12.2016

name: commission implementing decision (eu) 2016/2064 of 24 november 2016 amending the annexes to implementing decisions (eu) 2016/1968 and (eu) 2016/2011 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in hungary and germany (notified under document c(2016) 7736) (text with eea relevance ) type: decision_impl subject matter: regions of eu member states; agricultural activity; agricultural policy; europe; international trade date published: 2016-11-25 25.11.2016 en official journal of the european union l 319/47 commission implementing decision (eu) 2016/2064 of 24 november 2016 amending the annexes to implementing decisions (eu) 2016/1968 and (eu) 2016/2011 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in hungary and germany (notified under document c(2016) 7736) (only the german and hungarian texts are authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to 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) commission implementing decisions (eu) 2016/1968 (3) and (eu) 2016/2011 (4) were adopted following outbreaks of highly pathogenic avian influenza of subtype h5n8 in holdings in hungary and germany, and the establishment of protection and surveillance zones by the competent authority of these member states in accordance with council directive 2005/94/ec (5). (2) implementing decisions (eu) 2016/1968 and (eu) 2016/2011 provide that the protection and surveillance zones established by hungary and germany in accordance with directive 2005/94/ec are to comprise at least the areas listed as protection and surveillance zones in the annexes to these implementing decisions. (3) since the date of adoption of implementing decisions (eu) 2016/1968 and (eu) 2016/2011, hungary and germany have notified the commission of further outbreaks of avian influenza of subtype h5n8 in poultry holdings outside the areas listed in the annexes to implementing decisions (eu) 2016/1968 and (eu) 2016/2011 (the new outbreaks). (4) following the new outbreaks, hungary and germany took the necessary measures required in accordance with directive 2005/94/ec, including the establishment of protection and surveillance zones around the new outbreaks. (5) the commission has examined the measures taken by hungary and germany and it is satisfied that the boundaries of the new protection and surveillance zones, established by the competent authority of these member states in accordance with directive 2005/94/ec, are at a sufficient distance to the actual holdings where the new outbreaks have been confirmed. (6) 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 describe at union level, in collaboration with hungary and germany, the new protection and surveillance zones established in these member states in accordance with directive 2005/94/ec. (7) accordingly, the annexes to implementing decisions (eu) 2016/1968 and (eu) 2016/2011 should be amended to include the new protection and surveillance zones. (8) implementing decisions (eu) 2016/1968 and (eu) 2016/2011 should therefore be amended accordingly. (9) 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 the annexe to implementing decision (eu) 2016/1968 is replaced by the text set out in annex i to this decision. article 2 the annex to implementing decision (eu) 2016/2011 is replaced by the text set out in annex ii to this decision. article 3 this decision is addressed to the federal republic of germany and to hungary. done at brussels, 24 november 2016. 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) commission implementing decision (eu) 2016/1968 of 9 november 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in hungary (oj l 303, 10.11.2016, p. 23). (4) commission implementing decision (eu) 2016/2011 of 16 november 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in germany (oj l 310, 17.11.2016, p. 73). (5) 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). annex i the annex to the implementing decision (eu) 2016/1968 is replaced by the following: annex part a protection zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 29 of directive 2005/94/ec hu hungary [postal/adns code] area comprising: that parts of orosh za district of b k s county and that parts of mak district of csongr d county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.39057; e20.74251; supplemented with the entire built-up areas of t tkoml s and nagy r localities 27.11.2016 that parts of kiskunmajsa district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.469039, e19.801094;n46.466394; e19.75648 n46.469694, e19.771055; n46.4657, e19.813274; n46.465891, e19.808885; n46.467366, e19.816608; n46.473164, e19.809081; with the entire built up area of kiskunmajsa (excluding g rgy n, k gy s, taj , bodogl r and tfa) 11.12.2016 that parts of kiskunf legyh za, kecskem t and kiskunmajsa districts of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.682422, e19.638406; and n46.685278, e 19.64; supplemented with the entire built up areas of bugac (excluding bugac-als monostor) and m ricg t-erd sz plak localities 3.12.2016 that parts of kiskunhalas district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.268418; e19.573609 11.12.2016 that parts of kiskunhalas district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.229847; e19.619350; supplemented with the entire built-up area of kelebia- jfalu locality supplemented with the entire built up area of kelebia- jfalu locality. 5.12.2016 that parts of m rahalom district of csongr d county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.342763, e19.886990; supplemented with the entire built up areas of forr sk t, ll s and bord ny localities 15.12.2016 that parts of kunszentm rton district of j sz-nagykun-szolnok county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.8926211; e20.367360; supplemented with the entire built up areas of cs d locality 13.12.2016 part b surveillance zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 31 of directive 2005/94/ec hu hungary [postal/adns code] area comprising: the area of the parts of orosh za and mez kov csh za districts of b k s county and the area of the parts of mak district of csongr d county extending beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.39057; e20.74251; supplemented with the entire built-up areas of b k ss mson, kaszaper, v gegyh za and mez hegyes localities and with the entire administrative areas of pitvaros and csan dalberti localities 6.12.2016 that parts of orosh za district of b k s county and that parts of mak district of csongr d county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.39057; e20.74251; supplemented with the entire built-up areas of t tkoml s and nagy r localities 28.11.2016 to 6.12.2016 the area of the parts of kiskunmajsa and kiskunhalas districts of b cs-kiskun county and the area of the parts of kistelek and m rahalom districts of csongr d county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.469039, e19.801094;n46,466394; e19.75648 n46.469694, e19.771055; n46.4657, e19.813274; n46.465891, e19.808885; n46.467366, e19.816608; n46.473164, e19.809081; supplemented with the entire built up area of j szszentl szl locality, and the entire administrative areas of kiskunmajsa, cs lyosp los and csengele localities 20.12.2016 that parts of kiskunmajsa district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.469039, e19.801094;n46,466394; e19.75648 n46.469694, e19.771055; n46.4657, e19.813274; n46.465891, e19.808885; n46.467366, e19.816608; n46.473164, e19.809081; with the entire built up area of kiskunmajsa (excluding g rgy n, k gy s, taj , bodogl r and tfa) 12.12.2016 to 20.12.2016 the area of the parts of kiskunf legyh za, kecskem t, kisk r s and kiskunmajsa districts of b cs-kiskun county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.682422, e19.638406; and n46.685278, e 19.64 12.12.2016 that parts of kiskunf legyh za, kecskem t and kiskunmajsa districts of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.682422, e19.638406; and n46.685278, e 19.64; supplemented with the entire built up areas of bugac (excluding bugac-als monostor) and m ricg t-erd sz plak localities 4.12.2016 to 12.12.2016 the area of the parts of kiskunhalas and j noshalma districts of b cs-kiskun county and the area of the parts of m rahalom district of csongr d county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.268418, e19.573609; supplemented with the entire built up area of balotasz ll s locality 20.12.2016 that parts of kiskunhalas district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.268418; e19.573609 12.12.2016 to 20.12.2016 the area of the parts of kiskunhalas and j noshalma districts of b cs-kiskun county and the area of the parts of m rahalom district of csongr d county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.229847; e19.619350 14.12.2016 that parts of kiskunhalas district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.229847; e19.619350; supplemented with the entire built up area of kelebia- jfalu locality 6.12.2016 to 14.12.2016 the area of the parts of m rahalom, kistelek and szeged districts of csongr d county and the area of the parts of kiskunmajsa district of b cs-kiskun county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.342763, e19.886990 24.12.2016 the area of the parts of kunszentm rton and mez t r districts of j sz-nagykun county and the area of the parts of szarvas district of b k s county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.8926211, e20.367360; supplemented with the entire built up areas of b k sszentandr s, kunszentm rton localities 16.12.2016 to 24.12.2016 the area of the parts of kunszentm rton and mez t r districts of j sz-nagykun county and the area of the parts of szarvas district of b k s county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.8926211, e20.367360; supplemented with the entire built up areas of b k sszentandr s, kunszentm rton localities 22.12.2016 that parts of kunszentm rton district of j sz-nagykun-szolnok county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.8926211; e20.367360; supplemented with the entire built up area of cs d locality 14.12.2016 to 22.12.2016 annex ii the annex to the implementing decision (eu) 2016/2011 is replaced by the following: annex part a protection zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 29 of directive 2005/94/ec de germany area comprising: kreis schleswig-flensburg: ab ortsteil triangel, gemeinde n bel richtung norden auf die schleswiger stra e bis zur gemeindegrenze n bel/tolk, entlang dieser gemeindegrenze bis zur schleswiger stra e, stlich am ortsteil wellspang vorbei bis zur gemeindegrenze b klund, s dlich an der gemeindegrenze entlang bis zur kattbeker stra e, links ab bis zur hans-christophersen-allee, diese rechts weiter, bergehend in bellig und struxdorf bis zur gemeindegrenze struxdorf/b el, an dieser entlang richtung s den bis ortsteil boholzau, rechts auf gemeindegrenze struxdorf/twedt bis zur stra e boholz, diese links weiter auf boholzau und buschau, bis ortsteil buschau, links ab auf buschau, dann rechts weiter auf buschau, gleich wieder links auf l cke bis zur b 201, rechts weiter richtung s den bis links h ckerberg, weiter osterholz bis sportplatz, dann rechts auf verbindungsstra e zur stra e friedenstal, links weiter bis zur gemeindegrenze loit/steinfeld, dieser folgen bis gemeindegrenze steinfeld/taarstedt, dieser links folgen bis gemeindegrenze taarstedt/ulsnis, rechts weiter auf dieser gemeindegrenze, weiter auf der gemeindegrenze taarstedt/goltoft und taarstedt/brodersby und taarstedt/schaalby bis heerweg, dann links weiter auf heerweg bis hauptstra e, weiter rechts auf hauptstra e bis raiffeisenstra e, rechts weiter auf hauptstra e bis b 201, links weiter auf b 201 bis ortsteil triangel. stadt l beck: von der kreisgrenze entlang des sonnenbergsredder bis zum parkplatz im waldusener forst, richtung waldhusener weg, waldhusener weg folgend bis zur b75, ber die b75 richtung solmitzstra e, von der dummersdorfer stra e zum neuenteilsredder bis weg dummersbarn bis zur trave, die trave entlang, richtung p tenitzer wiek, die landstra e querend zur l becker bucht, landesgrenze ber den wasserweg zur strandpromenade, hin ber zur berlingstra e, ber godewind und fahrenberg, ber steenkamp zu r dsaal, timmendorfer weg richtung b76, die b76 berqueren und bollbr gg folgen, entlang der kreisgrenze zu ostholstein bis sonnenbergsredder. kreis ostholstein: in der gemeinde ratekau nachfolgend beschriebenes gebiet: travem nder stra e bis zur kreisgrenze zur stadt l beck; ab der kreisgrenze ortsteil kreuzkamp, offendorfer stra e gen norden entlang dem sonnenbergsredder k15. vor warnsdorf entlang des bachverlaufs bis zum schloss warnsdorf. der schlossstr. und der niendorfer str. bis zur tarvem nder stra e. 5.12.2016 17498 in der gemeinde mesekenhagen die ortsteile mesekenhagen fr tow gristow kalkvitz klein karrendorf gro karrendorf kowall 12.12.2016 in der gemeinde wackerow die ortsteile gro kieshof gro kieshof ausbau klein kieshof in der gemeinde neuenkirchen der ortsteil oldenhagen 17509 in der gemeinde neu boltenhagen die ortsteile neu boltenhagen karbow lodmannshagen 12.12.2016 in der gemeinde kemnitz der ortsteil rappenhagen in der gemeinde katzow der ortsteil k hlenhagen 18314 in der gemeinde kenz-k strow die ortsteile dabitz k strow zipke 10.12.2016 18356 stadt barth einschlie lich ortsteile tannenheim gl witz ohne ortsteil planitz 10.12.2016 18519 in der gemeinde sundhagen der ortsteil jager 12.12.2016 18519 in der gemeinde sundhagen die ortsteile mannhagen wilmshagen hildebrandshagen altenhagen klein behnkenhagen behnkendorf gro behnkenhagen engelswacht miltzow klein miltzow reinkenhagen hankenhagen 10.12.2016 18546 in der stadt sassnitz die ortsteile sassnitz dargast werder buddenhagen 10.12.2016 18551 in der gemeinde sagard: der see am kreideabbaufeld n rdlich von dargast 10.12.2016 part b surveillance zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 31 of directive 2005/94/ec de germany area comprising: kreis schleswig-flensburg: entlang der u eren gemeindegrenze schleswig, weiter auf u ere gemeindegrenze l rschau, weiter auf u ere gemeindegrenze idstedt, weiter auf u ere gemeindegrenze stolk, weiter auf u ere gemeindegrenze klappholz, weiter auf u ere gemeindegrenze havetoft, weiter auf obere gemeindegrenze mittelangeln, weiter auf obere gemeindegrenze mohrkirch, weiter auf u ere gemeindegrenze saustrup, weiter auf u ere gemeindegrenze wagersrott, weiter auf u ere gemeindegrenze dollrottfeld, weiter auf u ere gemeindegrenze boren bis zur kreisgrenze, an der kreisgrenze entlang bis. kreis rendsburg-eckernf rde: gemeinde kosel: gesamtes gemeindegebiet. gemeinde rieseby amtsgrenze rieseby, s dlich weiter amtsgrenze kosel entlang bis kreisgrenze. kreis schleswig-flensburg: s dlich an der gemeindegrenze borwedel entlang, weiter auf unterer gemeindegrenze fahrdorf bis zur gemeindegrenze schleswig. stadt l beck: von der kreisgrenze ber den wasserweg durch den petroleumhafen, weiter durch die trave, verl ngerung des sandbergs, die b75 queren richtung heiligen-geist kamp, weiter ber die arnimstra e und edelsteinstra e, ber heiweg richtung wesloer tannen bzw. brandenbaumer tannen, die landesgrenze entlang, die landstra e berqueren, am wasser entlang bis zur kreisgrenze zu ostholstein, die kreisgrenze entlang zum petroleumhafen kreis ostholstein: die gemeinden ratekau, bad schwartau und timmendorfer strand sowie der nachfolgend beschriebene bereich der gemeinde scharbeutz: dem stra enverlauf der l 102 ab der stra e b velstredder folgend bis zur b76, der bundestra e bis zur wasserlinie folgend, weiter bis zur gemeindegrenze timmendorfer strand. 14.12.2016 23923 in der gemeinde selmsdorf die orte und ortsteile hof selmsdorf selmsdorf lauen s lsdorf teschow zarnewanz in der gemeinde l dersdorf der ort palingen in der gemeinde sch nberg der ort kleinfeld 14.12.2016 23942 in der gemeinde dassow die orte und ortsteile barendorf benckendorf 14.12.2016 17438 die stadt wolgast und die ortsteile buddenhagen hohendorf pritzier schlaense tannenkamp 21.12.2016 17489 in der hansestadt greifswald die stadtteile fettenvorstadt fleischervorstadt industriegebiet innenstadt n rdliche m hlenvorstadt obstbaumsiedlung ostseeviertel sch nwalde ii stadtrandsiedlung steinbeckervorstadt s dliche m hlenstadt 21.12.2016 17491 in der hansestadt greifswald die stadtteile sch nwalde i s dstadt 21.12.2016 17493 in der hansestadt greifswald die stadtteile friedrichshagen ladebow insel koos ostseeviertel riems wieck eldena 21.12.2016 17495 in der gemeinde gro kiesow die ortsteile kessin krebsow schlagtow schlagtow meierei 21.12.2016 in der gemeinde karlsburg die ortsteile moeckow zarnekow in der gemeinde l hmannsdorf die ortsteile l hmannsdorf br ssow giesekenhagen jagdkrug in der gemeinde wrangelsburg die ortsteile wrangelsburg gladrow in der gemeinde z ssow der ortsteil z ssow 17498 in der gemeinde neuenkirchen die ortsteile neuenkirchen oldenhagen wampen 21.12.2016 in der gemeinde wackerow die ortsteile wackerow dreizehnhausen gro petershagen immenhorst jarmshagen klein petershagen steffenshagen in der gemeinde hinrichshagen die ortsteile hinrichshagen feldsiedlung heimsiedlung chausseesiedlung hinrichshagen hof i und ii neu ungnade in der gemeinde mesekenhagen der ortsteil broock in der gemeinde levenhagen die ortsteile levenhagen alt ungnade boltenhagen heilgeisthof in der gemeinde diedrichshagen die ortsteile diedrichshagen guest 17509 in der gemeinde br nzow die ortsteile br nzow klein ernsthof kr pelin stielow stielow siedlung vierow 21.12.2016 in der gemeinde hanshagen der ortsteil hanshagen in der gemeinde katzow die ortsteile katzow netzeband in der gemeinde kemnitz die ortsteile kemnitz kemnitzerhagen kemnitz meierei neuendorf neuendorf ausbau rappenhagen in der gemeinde loissin die ortsteile gahlkow ludwigsburg gemeinde lubmin gesamt in der gemeinde neu boltenhagen die ortsteile neu boltenhagen loddmannshagen in der gemeinde rubenow die ortsteile rubenow gro ernsthof latzow nieder voddow nonnendorf rubenow siedlung voddow in der gemeinde wusterhusen die ortsteile wusterhusen gustebin pritzwald konerow stevelin 18314 gemeinde kenz-k strow ohne die im sperrbezirk liegenden ortsteile 20.12.2016 in der gemeinde l bnitz die ortsteile saatel redebas l bnitz ausbau l bnitz in der gemeinde divitz-spoldershagen die ortsteile divitz frauendorf wobbelkow spoldershagen 18356 stadt barth: restliches gebiet au erhalb des sperrbezirks 20.12.2016 in der gemeinde fuhlendorf die ortsteile fuhlendorf bodstedt gut gl ck gemeinde pruchten gesamt 18374 gemeinde ostseebad zingst gesamt 20.12.2016 18439 in der hansestadt stralsund die stadtteile voigdehagen andershof devin 22.12.2016 18442 in der gemeinde wendorf die ortsteile zitterpenningshagen teschenhagen 22.12.2016 18442 gemeinde neu bartelshagen gesamt 20.12.2016 gemeinde gro kordshagen gesamt in der gemeinde kummerow der ortsteil kummerow-heide 18445 gemeinde gro mohrdorf: gro es holz westlich von kinnbackenhagen ohne ortslage kinnbackenhagen 20.12.2016 in der gemeinde altenpleen die ortsteile nisdorf g nz neuenpleen 18469 gemeinde velgast: karniner holz und bussiner holz n rdlich der bahnschiene sowie ortsteil manschenhagen 20.12.2016 gemeinde karnin gesamt 18507 in der stadt grimmen die ortsteile hohenwarth stoltenhagen 22.12.2016 18510 in der gemeinde wittenhagen die ortsteile glashagen kakernehl wittenhagen windebrak 22.12.2016 in der gemeinde elmenhorst die ortsteile bookhagen elmenhorst neu elmenhorst gemeinde zarrendorf gesamt 18516 in der gemeinde s derholz die ortsteile griebenow dreizehnhausen kreutzmannshagen 21.12.2016 18516 in der gemeinde s derholz die ortsteile willershusen w st eldena willerswalde bartmannshagen 22.12.2016 18519 in der gemeinde sundhagen alle nicht im sperrbezirk befindlichen ortsteile 22.12.2016 18528 gemeinde lietzow gesamt 22.12.2016 18546 stadt sassnitz: gemeindegebiet au erhalb des sperrbezirkes 22.12.2016 18551 gemeinde sagard gesamt 22.12.2016 in der gemeinde glowe die ortsteile polchow bobbin spyker baldereck gemeinde seebad lohme gesamt 18574 in der gemeinde garz/r gen auf der halbinsel zudar ein uferstreifen von 500 m breite stlich von glewitz zwischen f hranleger und palmer ort 21.12.2016 18574 in der gemeinde garz/r gen der ortsteil glewitz 22.12.2016 in der gemeinde gustow die ortsteile prosnitz sissow in der gemeinde poseritz der ortsteil venzvitz 18609 in der gemeinde ostseebad binz der ortsteil prora 22.12.2016 kreis schleswig-flensburg: ab ortsteil triangel, gemeinde n bel richtung norden auf die schleswiger stra e bis zur gemeindegrenze n bel/tolk, entlang dieser gemeindegrenze bis zur schleswiger stra e, stlich am ortsteil wellspang vorbei bis zur gemeindegrenze b klund, s dlich an der gemeindegrenze entlang bis zur kattbeker stra e, links ab bis zur hans-christophersen-allee, diese rechts weiter, bergehend in bellig und struxdorf bis zur gemeindegrenze struxdorf/b el, an dieser entlang richtung s den bis ortsteil boholzau, rechts auf gemeindegrenze struxdorf/twedt bis zur stra e boholz, diese links weiter auf boholzau und buschau, bis ortsteil buschau, links ab auf buschau, dann rechts weiter auf buschau, gleich wieder links auf l cke bis zur b 201, rechts weiter richtung s den bis links h ckerberg, weiter osterholz bis sportplatz, dann rechts auf verbindungsstra e zur stra e friedenstal, links weiter bis zur gemeindegrenze loit/steinfeld, dieser folgen bis gemeindegrenze steinfeld/taarstedt, dieser links folgen bis gemeindegrenze taarstedt/ulsnis, rechts weiter auf dieser gemeindegrenze, weiter auf der gemeindegrenze taarstedt/goltoft und taarstedt/brodersby und taarstedt/schaalby bis heerweg, dann links weiter auf heerweg bis hauptstra e, weiter rechts auf hauptstra e bis raiffeisenstra e, rechts weiter auf hauptstra e bis b 201, links weiter auf b 201 bis ortsteil triangel. stadt l beck: von der kreisgrenze entlang des sonnenbergsredder bis zum parkplatz im waldusener forst, richtung waldhusener weg, waldhusener weg folgend bis zur b75, ber die b75 richtung solmitzstra e, von der dummersdorfer stra e zum neuenteilsredder bis weg dummersbarn bis zur trave, die trave entlang, richtung p tenitzer wiek, die landstra e querend zur l becker bucht, landesgrenze ber den wasserweg zur strandpromenade, hin ber zur berlingstra e, ber godewind und fahrenberg, ber steenkamp zu r dsaal, timmendorfer weg richtung b76, die b76 berqueren und bollbr gg folgen, entlang der kreisgrenze zu ostholstein bis sonnenbergsredder. kreis ostholstein: in der gemeinde ratekau nachfolgend beschriebenes gebiet: travem nder stra e bis zur kreisgrenze zur stadt l beck; ab der kreisgrenze ortsteil kreuzkamp, offendorfer stra e gen norden entlang dem sonnenbergsredder k15. vor warnsdorf entlang des bachverlaufs bis zum schloss warnsdorf. der schlossstr. und der niendorfer str. bis zur tarvem nder stra e. 6.12.2016 to 14.12.2016 17498 in der gemeinde mesekenhagen die ortsteile mesekenhagen fr tow gristow kalkvitz klein karrendorf gro karrendorf kowall 13.12.2016 to 21.12.2016 in der gemeinde wackerow die ortsteile gro kieshof gro kieshof ausbau klein kieshof in der gemeinde neuenkirchen der ortsteil oldenhagen 17509 in der gemeinde neu boltenhagen die ortsteile neu boltenhagen karbow lodmannshagen 13.12.2016 to 21.12.2016 in der gemeinde kemnitz der ortsteil rappenhagen in der gemeinde katzow der ortsteil k hlenhagen 18314 in der gemeinde kenz-k strow die ortsteile dabitz k strow zipke 11.12.2016 to 20.12.2016 18356 stadt barth einschlie lich ortsteile tannenheim gl witz ohne ortsteil planitz 11.12.2016 to 20.12.2016 18519 in der gemeinde sundhagen der ortsteil jager 13.12.2016 to 22.12.2016 18519 in der gemeinde sundhagen die ortsteile mannhagen wilmshagen hildebrandshagen altenhagen klein behnkenhagen behnkendorf gro behnkenhagen engelswacht miltzow klein miltzow reinkenhagen hankenhagen 11.12.2016 to 22.12.2016 18546 in der stadt sassnitz die ortsteile sassnitz dargast werder buddenhagen 11.12.2016 to 22.12.2016 18551 in der gemeinde sagard: der see am kreideabbaufeld n rdlich von dargast 11.12.2016 to 22.12.2016

name: council decision (eu) 2016/2053 of 14 november 2016 on the signing, on behalf of the union, of the framework agreement between the european union and kosovo on the general principles for the participation of kosovo in union programmes type: decision subject matter: european construction; international affairs; europe date published: 2016-11-25 25.11.2016 en official journal of the european union l 319/1 council decision (eu) 2016/2053 of 14 november 2016 on the signing, on behalf of the union, of the framework agreement between the european union and kosovo (*1) on the general principles for the participation of kosovo in union programmes the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 212, in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) on 14 december 2007 the european council underlined that the union stands ready to play a leading role in strengthening stability in the region, stated the union's readiness to assist kosovo in the path towards sustainable stability and confirmed that the union is ready to assist economic and political development through a clear european perspective, in line with the european perspective of the region. (2) on 7 december 2009 the council welcomed the commission's communication of 14 october 2009 entitled kosovo fulfilling its european perspective and invited it to take the necessary measures to support kosovo's progress towards the union in line with the european perspective of the region. it attached importance to measures related to trade and visa, and encouraged the commission to open up for kosovo taking part in union programmes, integrating kosovo into the economic and fiscal surveillance framework, activating the instrument for pre-accession assistance's second component and strengthening the stabilisation and association process dialogue. (3) on 14 december 2010 the council stated that it looked forward to receiving a commission proposal that would allow for kosovo's participation in union programmes. the commission issued such a proposal in march 2011. (4) on 5 december 2011 the council confirmed its commitment to find an agreement on kosovo's participation in union programmes, without prejudice to member states' positions on status. (5) on 22 october 2012 the council authorised the commission to open negotiations with kosovo on its participation in union programmes. (6) the commission has negotiated, on behalf of the union, the framework agreement between the european union and kosovo on the general principles for the participation of kosovo in union programmes (the agreement). (7) kosovo has expressed the wish to participate in a number of union programmes. (8) the aim of the agreement is that the union carry out economic, financial and technical cooperation measures with kosovo pursuant to article 212 of the treaty on the functioning of the european union. (9) the specific terms and conditions, including the relevant financial contribution, for the participation of kosovo in each particular union programme should be determined by agreement between the commission, acting on behalf of the union, and the authorities of kosovo. (10) the signature of the agreement does not prejudge the position of member states on the status of kosovo, which will be decided in accordance with their national practice and international law. none of the terms, wording or definitions used in this decision, the agreement, including its annex, or in the union programmes constitute recognition of kosovo by the union as an independent state, nor does it constitute recognition by individual member states of kosovo in that capacity where they have not taken such a step. (11) internal procedures of the member states may apply when receiving documents issued by the authorities of kosovo pursuant to the agreement. (12) the agreement should be signed, has adopted this decision: article 1 the signing, on behalf of the union, of the framework agreement between the european union and kosovo on the general principles for the participation of kosovo in union programmes is hereby authorised, subject to the conclusion of the said agreement (1). article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 3 this decision shall enter into force on the date of its adoption. done at brussels, 14 november 2016. for the council the president g. mate n (*1) this designation is without prejudice to positions on status, and is in line with unscr 1244/1999 and the icj opinion on the kosovo declaration of independence. (1) the text of the agreement will be published together with the decision on its conclusion.

name: commission decision (eu) 2016/2063 of 24 november 2016 confirming the participation of ireland in regulation (eu) 2015/2219 of the european parliament and of the council on the european union agency for law enforcement training (cepol) type: decision subject matter: sources and branches of the law; cooperation policy; politics and public safety; employment; eu institutions and european civil service; europe; european construction date published: 2016-11-25 25.11.2016 en official journal of the european union l 319/46 commission decision (eu) 2016/2063 of 24 november 2016 confirming the participation of ireland in regulation (eu) 2015/2219 of the european parliament and of the council on the european union agency for law enforcement training (cepol) the european commission, having regard to treaty on the functioning of the european union, having regard to protocol no 21 on the position of the united kingdom and ireland in respect of the area of freedom, security and justice, and in particular article 4 thereof, whereas: (1) by letter to the president of the council of 26 july 2016, ireland notified its wish to participate in regulation (eu) 2015/2219 of the european parliament and of the council (1). (2) there are no specific conditions attached to the participation of ireland in the above mentioned regulation and no need for transitional measures. the commission notes that ireland has established a cepol national unit according to article 6 of regulation (eu) 2015/2219. (3) the participation of ireland in regulation (eu) 2015/2219 should therefore be confirmed. (4) in order to allow ireland to participate in cepol's activities as soon as possible, this decision should enter into force on the day following that of its publication, has adopted this decision: article 1 the participation of ireland in regulation (eu) 2015/2219 is confirmed. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 24 november 2016. for the commission the president jean-claude juncker (1) regulation (eu) 2015/2219 of the european parliament and of the council of 25 november 2015 on the european union agency for law enforcement training (cepol) and replacing and repealing council decision 2005/681/jha (oj l 319, 4.12.2015, p. 1).

name: council decision (eu) 2016/2039 of 15 november 2016 adopting the council's position on draft amending budget no 6 of the european union for the financial year 2016 accompanying the proposal to mobilise the eu solidarity fund to provide assistance to germany type: decision subject matter: budget; regions of eu member states; eu finance; europe; deterioration of the environment; cooperation policy date published: 2016-11-22 22.11.2016 en official journal of the european union l 314/19 council decision (eu) 2016/2039 of 15 november 2016 adopting the council's position on draft amending budget no 6 of the european union for the financial year 2016 accompanying the proposal to mobilise the eu solidarity fund to provide assistance to germany the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 314 thereof, in conjunction with the treaty establishing the european atomic energy community, and in particular article 106a thereof, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (1) and in particular article 41 thereof, whereas: the union's budget for the financial year 2016 was definitively adopted on 25 november 2015 (2), on 19 october 2016, the commission submitted a proposal containing draft amending budget no 6 to the general budget for the financial year 2016, given the fact that draft amending budget no 6 to the general budget for 2016 needs to be adopted without delay, it is justified to shorten, in accordance with article 3(3) of the council's rules of procedure, the eight-week period for the information of national parliaments, as well as the ten-day period foreseen for placing the item on the council's provisional agenda laid down in article 4 of protocol no 1, has decided as follows: sole article the council's position on draft amending budget no 6 of the european union for the financial year 2016 was adopted on 15 november 2016. the full text can be accessed for consultation or downloading on the council's website: http://www.consilium.europa.eu/ done at brussels, on 15 november 2016. for the council the president i. kor ok (1) oj l 298, 26.10.2012, p. 1. (2) oj l 48, 24.2.2016, p. 1.

name: commission implementing decision (eu) 2016/2010 of 16 november 2016 amending the annex to implementing decision (eu) 2016/1968 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in hungary (notified under document c(2016) 7506) (text with eea relevance ) type: decision_impl subject matter: international trade; agricultural activity; agricultural policy; regions of eu member states; europe date published: 2016-11-17 17.11.2016 en official journal of the european union l 310/69 commission implementing decision (eu) 2016/2010 of 16 november 2016 amending the annex to implementing decision (eu) 2016/1968 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in hungary (notified under document c(2016) 7506) (only the hungarian 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) commission implementing decision (eu) 2016/1968 (3) was adopted following an outbreak of highly pathogenic avian influenza of subtype h5n8 in a holding in hungary, and the establishment of protection and surveillance zones by the competent authority of that member state in accordance with council directive 2005/94/ec (4). implementing decision (eu) 2016/1968 provides that the protection and surveillance zones established by hungary in accordance with directive 2005/94/ec are to comprise at least the areas listed as protection and surveillance zones in the annex to that implementing decision. (2) since the date of adoption of implementing decision (eu) 2016/1968, hungary has notified the commission of further outbreaks of avian influenza of subtype h5n8 in poultry holdings outside the areas listed in the annex to implementing decision (eu) 2016/ 1968. (3) following these further outbreaks, hungary took the control measures required pursuant to directive 2005/94/ec, including the establishment of protection and surveillance zones around these outbreaks. (4) the commission has examined the control measures taken by hungary and it is satisfied that the borders of the new protection and surveillance zones, established by the competent authority of that member state, in accordance with article 16(1) of directive 2005/94/ec, are at a sufficient distance to the actual holdings where the new outbreaks of hpai have been confirmed. (5) 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 describe the new protection and surveillance zones established by hungary at union level. (6) accordingly, the annex to implementing decision (eu) 2016/1968 should be amended to include the new protection and surveillance zones. (7) implementing decision (eu) 2016/1968 should therefore be amended accordingly. (8) 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 the annex to implementing decision (eu) 2016/1968 is replaced by the text set out in the annex to this decision. article 2 this decision is addressed to hungary. done at brussels, 16 november 2016. 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) commission implementing decision (eu) 2016/1968 of 9 november 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in hungary (oj l 303, 10.11.2016, p. 23). (4) 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). annex annex part a protection zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 29 of directive 2005/94/ec hu hungary [postal/adns code] area comprising: that parts of orosh za district of b k s county and that parts of mak district of csongr d county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.39057; e20.74251; supplemented with the entire built-up areas of t tkoml s and nagy r localities 27.11.2016 that parts of kiskunmajsa district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.469039; e19.801094 2.12.2016 that parts of kiskunf legyh za, kecskem t and kiskunmajsa districts of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.682422; e19.638406; supplemented with the entire built-up areas of bugac (without bugac-als monostor) and m ricg t-erd sz plak localities 3.12.2016 that parts of kiskunhalas district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.268418; e19.573609 5.12.2016 that parts of kiskunhalas district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.229847; e19.619350; supplemented with the entire built-up area of kelebia- jfalu locality 5.12.2016 part b surveillance zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 31 of directive 2005/94/ec hu hungary [postal/adns code] area comprising: the area of the parts of orosh za and mez kov csh za districts of b k s county and the area of the parts of mak district of csongr d county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.39057; e20.74251; supplemented with the entire built-up areas of b k ss mson, kaszaper, v gegyh za and mez hegyes localities 6.12.2016 that parts of orosh za district of b k s county and that parts of mak district of csongr d county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.39057; e20.74251; supplemented with the entire built-up areas of t tkoml s and nagy r localities 28.11.2016-6.12.2016 the area of the parts of kiskunmajsa and kiskunhalas districts of b cs-kiskun county and the area of the parts of kistelek and m rahalom districts of csongr d county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.469039; e19.801094 11.12.2016 that parts of kiskunmajsa district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.469039; e19.801094 3.12.2016-11.12.2016 the area of the parts of kiskunf legyh za, kecskem t, kisk r s and kiskunmajsa districts of b cs-kiskun county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.682422; e19.638406 12.12.2016 that parts of kiskunf legyh za, kecskem t and kiskunmajsa districts of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.682422; e19.638406 supplemented with the entire built-up areas of bugac (without bugac-als monostor) and m ricg t-erd sz plak localities 4.12.2016-12.12.2016 the area of the parts of kiskunhalas and j noshalma districts of b cs-kiskun county and the area of the parts of m rahalom district of csongr d county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.268418; e19.573609; supplemented with the entire built-up area of balotasz ll s locality 14.12.2016 that parts of kiskunhalas district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.268418; e19.573609 6.12.2016-14.12.2016 the area of the parts of kiskunhalas and j noshalma districts of b cs-kiskun county and the area of the parts of m rahalom district of csongr d county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.229847; e19.619350 14.12.2016 that parts of kiskunhalas district of b cs-kiskun county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.229847; e19.619350; supplemented with the entire built-up area of kelebia- jfalu locality 6.12.2016-14.12.2016

name: commission implementing decision (eu) 2016/2011 of 16 november 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in germany (notified under document c(2016) 7508) (text with eea relevance ) type: decision_impl subject matter: agricultural activity; international trade; europe; regions of eu member states; agricultural policy date published: 2016-11-17 17.11.2016 en official journal of the european union l 310/73 commission implementing decision (eu) 2016/2011 of 16 november 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 in germany (notified under document c(2016) 7508) (only the german 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) although avian influenza is mainly found in birds, humans have also been infected with the causative virus occasionally and under certain circumstances. (3) in the event of an outbreak of avian influenza, there is a risk that the disease agent spreads 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 poultry or other captive 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. that directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza. (5) germany notified the commission of several outbreaks of highly pathogenic avian influenza of subtype h5n8 in holdings on its territory where poultry or other captive birds are kept and it took the measures required in accordance with directive 2005/94/ec, including the establishment of protection and surveillance zones. (6) the commission has examined the measures taken by germany in accordance with directive 2005/94/ec and it is satisfied that the boundaries of the protection and surveillance zones, established by the competent authority in that member state, are at sufficient distance to any holding where an outbreak has been confirmed. (7) 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 describe at union level, in collaboration with germany, the protection and surveillance zones established in that member state. (8) accordingly, the protection and surveillance zones in germany, where the measures provided for in directive 2005/94/ec are applied, should be described in the annex to this decision and the duration of that regionalisation should be fixed. (9) 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 germany shall ensure that the protection and surveillance zones established in accordance with article 16(1) of directive 2005/94/ec comprise at least the areas listed as protection and surveillance zones in parts a and b of the annex to this decision. article 2 this decision shall apply until 31 december 2016. article 3 this decision is addressed to the federal republic of germany. done at brussels, 16 november 2016. 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). annex part a protection zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 29 of directive 2005/94/ec de germany area comprising: kreis schleswig-flensburg: ab ortsteil triangel, gemeinde n bel richtung norden auf die schleswiger stra e bis zur gemeindegrenze n bel/tolk, entlang dieser gemeindegrenze bis zur schleswiger stra e, stlich am ortsteil wellspang vorbei bis zur gemeindegrenze b klund, s dlich an der gemeindegrenze entlang bis zur kattbeker stra e, links ab bis zur hans-christophersen-allee, diese rechts weiter, bergehend in bellig und struxdorf bis zur gemeindegrenze struxdorf/b el, an dieser entlang richtung s den bis ortsteil boholzau, rechts auf gemeindegrenze struxdorf/twedt bis zur stra e boholz, diese links weiter auf boholzau und buschau, bis ortsteil buschau, links ab auf buschau, dann rechts weiter auf buschau, gleich wieder links auf l cke bis zur b 201, rechts weiter richtung s den bis links h ckerberg, weiter osterholz bis sportplatz, dann rechts auf verbindungsstra e zur stra e friedenstal, links weiter bis zur gemeindegrenze loit/steinfeld, dieser folgen bis gemeindegrenze steinfeld/taarstedt, dieser links folgen bis gemeindegrenze taarstedt/ulsnis, rechts weiter auf dieser gemeindegrenze, weiter auf der gemeindegrenze taarstedt/goltoft und taarstedt/brodersby und taarstedt/schaalby bis heerweg, dann links weiter auf heerweg bis hauptstra e, weiter rechts auf hauptstra e bis raiffeisenstra e, rechts weiter auf hauptstra e bis b 201, links weiter auf b 201 bis ortsteil triangel. stadt l beck: von der kreisgrenze entlang des sonnenbergsredder bis zum parkplatz im waldusener forst, richtung waldhusener weg, waldhusener weg folgend bis zur b75, ber die b75 richtung solmitzstra e, von der dummersdorfer stra e zum neuenteilsredder bis weg dummersbarn bis zur trave, die trave entlang, richtung p tenitzer wiek, die landstra e querend zur l becker bucht, landesgrenze ber den wasserweg zur strandpromenade, hin ber zur berlingstra e, ber godewind und fahrenberg, ber steenkamp zu r dsaal, timmendorfer weg richtung b76, die b76 berqueren und bollbr gg folgen, entlang der kreisgrenze zu ostholstein bis sonnenbergsredder. kreis ostholstein: in der gemeinde ratekau nachfolgend beschriebenes gebiet: travem nder stra e bis zur kreisgrenze zur stadt l beck; ab der kreisgrenze ortsteil kreuzkamp, offendorfer stra e gen norden entlang dem sonnenbergsredder k15. vor warnsdorf entlang des bachverlaufs bis zum schloss warnsdorf. der schlossstr. und der niendorfer str. bis zur tarvem nder stra e. 5.12.2016 17498 in der gemeinde mesekenhagen die ortsteile mesekenhagen fr tow gristow kalkvitz klein karrendorf kowall in der gemeinde wackerow die ortsteile gro kieshofk gro kieshof ausbauk klein kieshof 5.12.2016 18519 in der gemeinde sundhagen der ortsteil jager. 5.12.2016 part b surveillance zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 31 of directive 2005/94/ec de germany area comprising: kreis schleswig-flensburg: entlang der u eren gemeindegrenze schleswig, weiter auf u ere gemeindegrenze l rschau, weiter auf u ere gemeindegrenze idstedt, weiter auf u ere gemeindegrenze stolk, weiter auf u ere gemeindegrenze klappholz, weiter auf u ere gemeindegrenze havetoft, weiter auf obere gemeindegrenze mittelangeln, weiter auf obere gemeindegrenze mohrkirch, weiter auf u ere gemeindegrenze saustrup, weiter auf u ere gemeindegrenze wagersrott, weiter auf u ere gemeindegrenze dollrottfeld, weiter auf u ere gemeindegrenze boren bis zur kreisgrenze, an der kreisgrenze entlang bis. kreis rendsburg-eckernf rde: gemeinde kosel: gesamtes gemeindegebiet. gemeinde rieseby amtsgrenze rieseby, s dlich weiter amtsgrenze kosel entlang bis kreisgrenze. kreis schleswig-flensburg: s dlich an der gemeindegrenze borwedel entlang, weiter auf unterer gemeindegrenze fahrdorf bis zur gemeindegrenze schleswig. stadt l beck: von der kreisgrenze ber den wasserweg durch den petroleumhafen, weiter durch die trave, verl ngerung des sandbergs, die b75 queren richtung heiligen-geist kamp, weiter ber die arnimstra e und edelsteinstra e, ber heiweg richtung wesloer tannen bzw. brandenbaumer tannen, die landesgrenze entlang, die landstra e berqueren, am wasser entlang bis zur kreisgrenze zu ostholstein, die kreisgrenze entlang zum petroleumhafen kreis ostholstein: die gemeinden ratekau, bad schwartau und timmendorfer strand sowie der nachfolgend beschriebene bereich der gemeinde scharbeutz: dem stra enverlauf der l 102 ab der stra e b velstredder folgend bis zur b76, der bundestra e bis zur wasserlinie folgend, weiter bis zur gemeindegrenze timmendorfer strand. 14.12.2016 23923 in der gemeinde selmsdorf die orte und ortsteile hof selmsdorf selmsdorf lauen s lsdorf teschow zarnewanz, in der gemeinde l dersdorf der ort palingen in der gemeinde sch nberg der ort kleinfeld 14.12.2016 23942 in der gemeinde dassow die orte und ortsteile barendorf benckendorf 14.12.2016 17498 die gemeinde neuenkirchen mit den ortsteilen neuenkirchen, oldenhagen, wampen. in der gemeinde wackerow die ortsteile wackerow, dreizehnhausen, gro petershagen, immenhorst, jarmshagen, klein petershagen, steffenshagen. in der gemeinde hinrichshagen die ortsteile hinrichshagen, feldsiedlung, heimsiedlung, chausseesiedlung, hinrichshagen hof i und ii, neu ungnade. 14.12.2016 17489 in der hansestadt greifswald die stadtteile fettenvorstadt, fleischervorstadt, industriegebiet, innenstadt, n rdliche m hlenvorstadt, obstbaumsiedlung, ostseeviertel, sch nwalde ii, stadtrandsiedlung, steinbeckervorstadt, s dliche m hlenstadt, sch nwalde i, s dstadt. 14.12.2016 17941 in der hansestadt greifswald die stadtteile friedrichshagen, ladebow 14.12.2016 17493 in der hansestadt greifswald die stadtteile insel koos, ostseeviertel, riems. 14.12.2016 18516 in der gemeinde s derholz die ortsteile griebenow, dreizehnhausen, kreutzmannshagen, willershusen. 14.12.2016 18519 in der gemeinde sundhagen die ortsteile horst, wendorf, gerdeswalde, segebadenhau, wilmshagen, wilmshagen siedlung, mannhagen, jeeser, jeeser hof, kirchdorf, d mitzow, reinkenhagen, miltzow, klein miltzow, hankenhagen, oberhinrichshagen, reinberg, stahlbrode, falkenhagen, tremt. 14.12.2016 18574 in der gemeinde garz auf der halbinsel zudar ein uferstreifen von 500 m breite stlich von glewitz zwischen f hranleger und palmer ort. 14.12.2016 kreis schleswig-flensburg: ab ortsteil triangel, gemeinde n bel richtung norden auf die schleswiger stra e bis zur gemeindegrenze n bel/tolk, entlang dieser gemeindegrenze bis zur schleswiger stra e, stlich am ortsteil wellspang vorbei bis zur gemeindegrenze b klund, s dlich an der gemeindegrenze entlang bis zur kattbeker stra e, links ab bis zur hans-christophersen-allee, diese rechts weiter, bergehend in bellig und struxdorf bis zur gemeindegrenze struxdorf/b el, an dieser entlang richtung s den bis ortsteil boholzau, rechts auf gemeindegrenze struxdorf/twedt bis zur stra e boholz, diese links weiter auf boholzau und buschau, bis ortsteil buschau, links ab auf buschau, dann rechts weiter auf buschau, gleich wieder links auf l cke bis zur b 201, rechts weiter richtung s den bis links h ckerberg, weiter osterholz bis sportplatz, dann rechts auf verbindungsstra e zur stra e friedenstal, links weiter bis zur gemeindegrenze loit/steinfeld, dieser folgen bis gemeindegrenze steinfeld/taarstedt, dieser links folgen bis gemeindegrenze taarstedt/ulsnis, rechts weiter auf dieser gemeindegrenze, weiter auf der gemeindegrenze taarstedt/goltoft und taarstedt/brodersby und taarstedt/schaalby bis heerweg, dann links weiter auf heerweg bis hauptstra e, weiter rechts auf hauptstra e bis raiffeisenstra e, rechts weiter auf hauptstra e bis b 201, links weiter auf b 201 bis ortsteil triangel. stadt l beck: von der kreisgrenze entlang des sonnenbergsredder bis zum parkplatz im waldusener forst, richtung waldhusener weg, waldhusener weg folgend bis zur b75, ber die b75 richtung solmitzstra e, von der dummersdorfer stra e zum neuenteilsredder bis weg dummersbarn bis zur trave, die trave entlang, richtung p tenitzer wiek, die landstra e querend zur l becker bucht, landesgrenze ber den wasserweg zur strandpromenade, hin ber zur berlingstra e, ber godewind und fahrenberg, ber steenkamp zu r dsaal, timmendorfer weg richtung b76, die b76 berqueren und bollbr gg folgen, entlang der kreisgrenze zu ostholstein bis sonnenbergsredder. kreis ostholstein: in der gemeinde ratekau nachfolgend beschriebenes gebiet: travem nder stra e bis zur kreisgrenze zur stadt l beck; ab der kreisgrenze ortsteil kreuzkamp, offendorfer stra e gen norden entlang dem sonnenbergsredder k15. vor warnsdorf entlang des bachverlaufs bis zum schloss warnsdorf. der schlossstr. und der niendorfer str. bis zur tarvem nder stra e. 6.12.2016-14.12.2016 17498 in der gemeinde mesekenhagen die ortsteile mesekenhagen fr tow gristow kalkvitz klein karrendorf kowall in der gemeinde wackerow die ortsteile gro kieshofk gro kieshof ausbauk klein kieshof 6.12.2016-14.12.2016 18519 in der gemeinde sundhagen der ortsteil jager. 6.12.2016-14.12.2016

name: commission implementing decision (eu) 2016/2009 of 15 november 2016 approving the vaccination programmes against lumpy skin disease submitted by the member states (notified under document c(2016) 7219) (text with eea relevance ) type: decision_impl subject matter: europe; means of agricultural production; health; agricultural activity; agricultural policy date published: 2016-11-17 17.11.2016 en official journal of the european union l 310/66 commission implementing decision (eu) 2016/2009 of 15 november 2016 approving the vaccination programmes against lumpy skin disease submitted by the member states (notified under document c(2016) 7219) (only the bulgarian, croatian and greek texts are authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to 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, having regard to council directive 92/119/eec of 17 december 1992 introducing general community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (3), and in particular article 19(1)(a), (3)(a) and (6) thereof, whereas: (1) lumpy skin disease (lsd) is a primarily vector transmitted viral disease of bovine animals characterised by severe losses and with the potential for important spread, notably through live animals and products obtained from infected animals. (2) directive 92/119/eec lays down general measures for the control of certain animal diseases. these include measures to be taken in the event of a suspicion and the confirmation of lsd in a holding, the measures to be taken in restriction zones and other additional measures to control the disease. those measures also provide for vaccination in case of an outbreak of lsd as a supplement to other control measures subject to approval by the commission. (3) commission implementing decision (eu) 2015/2055 (4) and commission implementing decision (eu) 2016/1183 (5) provide that greece and bulgaria may carry out emergency vaccination of bovine animals kept on holdings in the vaccination zone as set out in annex i to each of those implementing decisions. in view of the current epidemiological situation of lsd, croatia which is under imminent threat, due to lsd occurrence in the region, notified the commission on its intention to launch a vaccination campaign against lsd on 8 august 2016 respectively. (4) in accordance with the urgent advice on lumpy skin disease of the european food safety authority adopted on 29 july 2016 (6) vaccination against lsd is the most effective way of reducing disease spread. in order to reach the above described effects, it is necessary to implement vaccination of the entire susceptible population in regions at risk for lsd introduction or affected by lsd in order to minimise the number of outbreaks, and high animal- and farm-level vaccination coverage should be achieved. (5) for reasons of clarity and simplification, the approval of the vaccination programmes of greece and bulgaria, currently included in implementing decisions (eu) 2015/2055 and (eu) 2016/1183 respectively, should be provided for in this decision. in addition, the vaccination programme submitted by croatia, should be approved. the vaccination programmes of greece and bulgaria, currently included in implementing decisions (eu) 2015/2055 and (eu) 2016/1183 respectively, and the vaccination programme submitted by croatia fulfil the minimum requirements for lumpy skin disease vaccination programmes set out in annex ii to commission implementing decision (eu) 2016/2008 (7) concerning animal health control measures relating to lumpy skin disease in certain member states. (6) in order to be successful a vaccination programme against lsd, together with other control measures, should be applied during several consecutive years to ensure immunisation of the whole susceptible population for sufficient time. (7) 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 approval of vaccination programmes against lumpy skin disease the vaccination programmes against lumpy skin disease listed in the annex are hereby approved. article 2 applicability this decision shall apply until 31 december 2019. article 3 addressees this decision is addressed to the republic of bulgaria, the hellenic republic and the republic of croatia. done at brussels, 15 november 2016. 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) oj l 62, 15.3.1993, p. 69. (4) commission implementing decision (eu) 2015/2055 of 10 november 2015 laying down the conditions for setting out the programme for emergency vaccination of bovine animals against lumpy skin disease in greece and amending implementing decision (eu) 2015/1500 (oj l 300, 17.11.2015, p. 31). (5) commission implementing decision (eu) 2016/1183 of 14 july 2016 approving the emergency vaccination programme against lumpy skin disease of bovine animals in bulgaria and amending the annex to implementing decision (eu) 2016/645 (oj l 195, 20.7.2016, p. 75). (6) efsa journal 2016;14(8):4573 [27 pp.]. (7) commission implementing decision (eu) 2016/2008 of 15 november 2016 concerning animal health control measures relating to lumpy skin disease in certain member states (see page 51 of this official journal). annex the vaccination programme submitted by greece. the vaccination programme submitted by bulgaria. the vaccination programme submitted by croatia.

name: council decision (cfsp) 2016/2001 of 15 november 2016 on a union contribution to the establishment and the secure management of a low enriched uranium (leu) bank under the control of the international atomic energy agency (iaea) in the framework of the eu strategy against the proliferation of weapons of mass destruction type: decision subject matter: world organisations; electrical and nuclear industries; european construction; international security; eu finance; trade; distributive trades; economic geography date published: 2016-11-16 16.11.2016 en official journal of the european union l 308/22 council decision (cfsp) 2016/2001 of 15 november 2016 on a union contribution to the establishment and the secure management of a low enriched uranium (leu) bank under the control of the international atomic energy agency (iaea) in the framework of the eu strategy against the proliferation of weapons of mass destruction the council of the european union, having regard to the treaty on european union, and in particular article 28 thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 12 december 2003, the european council adopted the eu strategy against the proliferation of weapons of mass destruction (the strategy), chapter iii of which contains a list of measures to combat such proliferation and which need to be taken both within the union and in third countries. (2) the union is actively implementing the strategy and is giving effect to the measures listed in chapter iii thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the international atomic energy agency (iaea). (3) article iv of the treaty on the non-proliferation of nuclear weapons (npt) stipulates the inalienable right of all the parties to the npt to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with articles i and ii of the npt. it also stipulates that all the parties to the npt undertake to cooperate in contributing alone or together with other states or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon states party to the treaty, with due consideration for the needs of the developing areas of the world. (4) multilateral approaches to the nuclear fuel cycle have the potential to provide countries which have decided to resort to nuclear energy for peaceful uses with an alternative to the development of national nuclear fuel cycles, while avoiding proliferation risks. (5) under article iii of its statute, the iaea is authorised to perform any operation, including acquiring nuclear fuel, services and equipment and establishing its own facilities and plants, in order to facilitate the practical application of nuclear energy for peaceful purposes. (6) in september 2006, the nuclear threat initiative (nti), an independent non-governmental organisation based in the united states, offered a grant of usd 50 000 000 to the iaea to help create a low enriched uranium stockpile owned and managed by the iaea on the condition that the agency should be able to collect an additional amount of usd 100 000 000, including grants from other iaea member states and donors, and set up a nuclear fuel reserve. (7) on 8 december 2008, the council adopted conclusions in support of the establishment and the secure management of a nuclear fuel bank placed under the control of the iaea. it also stated that the union was planning to contribute up to eur 25 000 000 to that project, once the conditions and modalities for the bank have been defined and approved by the iaea board of governors. the european commission has already provided eur 20 000 000 for the acquisition of the leu. (8) on 3 december 2010, the iaea board of governors adopted resolution gov/2010/70 approving the establishment of an iaea low-enriched uranium (leu) bank and affirmed that the iaea leu bank's operations would be funded exclusively through extra-budgetary contributions. (9) paragraph 15 of gov/2010/67, entitled assurance of supply: establishment of an iaea low enriched uranium (leu) bank for the supply of leu to member states provides the agency shall be the owner of the leu in the iaea leu bank and the leu shall be under its control and in its formal legal possession. the agency shall be responsible for storing and protecting materials in its possession by ensuring, through any host state agreement, that the leu is safeguarded against natural and other hazards, unauthorized removal or diversion, damage or destruction, including sabotage, and forcible seizure. in addition, the agency through any host state agreement shall ensure the application of iaea safeguards to the leu in the iaea leu bank, as well as the application of the safety standards and measures, and the physical protection measures by the host state or states. paragraph 16 of gov/2010/67 further provides that [t]he agency, with board approval, shall conclude with any host state a host state agreement, similar to the present iaea headquarters agreement, that shall provide for the safety and security and appropriate liability coverage of the storage facility and shall afford those privileges and immunities to the agency that are necessary for the independent operation of the iaea leu bank, including the right to transport leu to and from the iaea leu bank as determined by the agency in accordance with the statute and the host state(s) agreement. in addition, if necessary, guaranteed transit arrangements shall be concluded with states neighbouring the host state. (10) the iaea leu bank will be a stock of up to 60 type 30b cylinders containing standard commercial low-enriched uranium hexafluoride. the iaea leu bank will be located in the iaea leu storage facility, operated by ulba metallurgical plant, and regulated by the committee for atomic and energy supervision and control of the republic of kazakhstan. (11) the basic legal framework between the iaea and the host state kazakhstan has been concluded. the transit agreement with the russian federation, approved by the iaea board of governors (gov/2015/36) has been signed. the design of a new iaea leu storage facility has been completed and the iaea has concluded that it meets the applicable provisions of the iaea safety standards and security guidance. a detailed cost estimate of the new iaea leu storage facility has been undertaken and has been independently validated. a partnership agreement between the iaea and the facility operator that establishes the terms and conditions of cooperation for the construction of the iaea leu storage facility has been finalised. the iaea is now planning activities in preparation for the acquisition of leu. (12) according to the project and financial plan as described in the updated report by the iaea director-general (gov/inf/2016/8) assurance of supply: establishment of an iaea low enriched uranium (leu) bank for the supply of leu to member states, the total cost of the leu project is expected to be eur 118 863 000, has adopted this decision: article 1 1. for the purposes of giving immediate and practical implementation to some elements of the eu strategy against the proliferation of weapons of mass destruction, the union shall contribute to the establishment and the secure management of a low-enriched uranium (leu) bank placed under the control of the international atomic energy agency (iaea, or the agency) in order to reduce the growing proliferation risks caused by the spread of sensitive nuclear fuel cycle technologies. the union shall undertake activities to support the iaea leu bank, in the form of a leu reserve with the following objectives: (a) to enable countries to enjoy their rights under article iv of the npt while avoiding proliferation risks; and (b) to serve as a mechanism of last resort to support the commercial market without distorting it, in the event that an iaea member state's supply of leu is disrupted and cannot be restored by commercial means and that such iaea member state fulfils the eligibility criteria. 2. in order to achieve the objectives referred in paragraph 1, the union shall contribute to the establishment and the secure management of the leu bank, under the control of the iaea, by financing security-related activities, including physical protection, transport, safe guarding, and contributions to the secure management of the leu bank. the project shall be carried out for the benefit of all countries which have decided to resort to nuclear energy for peaceful uses. a detailed description of the project is set out in the annex. article 2 1. the high representative of the union for foreign affairs and security policy (hr) shall be responsible for the implementation of this decision. 2. the technical implementation of the project referred to in article 1(2) shall be carried out by the iaea. it shall perform this task under the control of the hr. for this purpose, the hr shall enter into the necessary arrangements with the iaea. article 3 1. the financial reference amount for the implementation of the activities referred to in article 1(2) shall be eur 4 362 200. 2. the expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the union budget. 3. the commission shall supervise the proper management of the expenditure referred to in paragraph 1. for this purpose, it shall conclude a financing agreement with the iaea. the agreement shall stipulate that the iaea is to ensure visibility of the union contribution, appropriate to its size. 4. the commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this decision. it shall inform the council of any difficulties in that process and of the date of conclusion of the financing agreement. article 4 1. the hr shall report to the council on the implementation of this decision on the basis of regular reports prepared by the iaea. those iaea reports shall form the basis for the evaluation carried out by the council. 2. the commission shall provide information on the financial aspects of the implementation of the project referred to in article 1(2). article 5 this decision shall enter into force on the date of its adoption. it shall expire 60 months after the date of the conclusion of the financing agreement referred to in article 3(3). however, it shall expire 6 months after its entry into force if no financing agreement has been concluded by that time. article 6 this decision shall be published in the official journal of the european union. done at brussels, 15 november 2016. for the council the president i. kor ok annex union contribution to the establishment and the secure management of a low enriched uranium (leu) bank under the control of the international atomic energy agency (iaea) in the framework of the eu strategy against the proliferation of weapons of mass destruction i. introduction background in december 2010, the iaea director-general received a mandate from the board of governors to launch the setting-up of a low enriched uranium (leu) bank and has presented a detailed plan for its establishment and secure management. on 20 december 2011, the iaea confirmed to the permanent mission of kazakhstan to the iaea that, based on the information provided to the agency by kazakhstan in its expression of interest and with reference to the requirements set out in document gov/inf/2011/7, the ulba metallurgical plant (ump) was suitable as a host site for the iaea leu bank. several missions were conducted by the iaea to kazakhstan between 2011 and 2016, aimed at assessing the ump facility and the national regulatory framework, to ensure that the leu bank would be able to fulfil the applicable provisions of the iaea safety standards and security guidance. the assessments were performed in the areas of facility safety, seismic safety, emergency preparedness and response, transport safety and security, and physical protection. a host state agreement (hsa) was signed between the iaea and kazakhstan on 27 august 2015. that agreement establishes kazakhstan as the host state for the iaea leu bank, and provides the legal framework for kazakhstan to ensure that the iaea leu bank will be managed and regulated in accordance with the laws and regulations of kazakhstan and in compliance with the applicable provisions of the iaea safety standards and security guidance. a facility operator agreement was signed between the iaea and ump on 27 august 2015. that agreement establishes ump as the facility where the iaea leu bank will be located, and provides the legal framework for ump to operate and manage the iaea leu bank, in accordance with its license, the national regulatory framework, and the applicable provisions of the iaea safety standards and security guidance. in addition, the iaea and kazakhstan ministry of energy signed a technical agreement on the specific arrangements to be implemented for the establishment of the iaea leu bank in kazakhstan (technical agreement). the technical agreement ensures that each party provides the necessary resources for the implementation of its respective activities for the timely establishment of the iaea leu bank, including activities to comply with the applicable provisions of the iaea safety standards and security guidance. under the technical agreement, the parties established a joint coordination committee (jcc) to facilitate implementation of the technical agreement and approved a plan of specific activities (psa), to ensure the establishment and operation of the iaea leu bank in compliance with the applicable provisions of the iaea safety standards and security guidance. the technical agreement requires that activities be completed in two years following the signing of the legal agreements, or by september 2017. in november 2015, ump began designing a new iaea leu storage facility to house the iaea leu bank. an iaea mission visited ump from 29 february to 4 march 2016 to review design progress. the iaea mission examined whether or not the applicable provisions of the iaea safety standards and security guidance had been properly taken into account in the design process. the iaea mission's review focused on five technical areas: building structure, safety analysis, radiation protection, emergency preparedness and response, and nuclear security. the review of the proposed design and relevant supporting documentation led to the general conclusion that the design provides adequate measures to ensure nuclear safety and security guidance. following the completion of the design and its review by the iaea, in may 2016 a partnership agreement between the iaea and ump was signed. that agreement provides for the technical and financial terms of the establishment of the iaea leu storage facility. it marks a significant milestone in the establishment of the iaea leu bank. in may 2016, the board of governors report gov/inf/2016/8 highlighted the significant progress achieved. it also provides the first baseline comprehensive project and financial plan. board of governors document gov/2010/67, both authorised the iaea director-general to establish the iaea leu bank, and required that the costs (including the human resources costs) related to the establishment and operation of the iaea leu bank must be exclusively covered by extra-budgetary voluntary contributions, with no impact to the regular budget of the iaea. to that end, the iaea leu bank project reimburses various divisions of the iaea for the technical input and support provided to the project experts and specialists through the use of service level agreements (slas). those agreements, which define the services to be provided by the divisions to the project to execute the project plan (including the psa), as well as the costs for the level of support provided from each division, were finalised and agreed in march 2016. from 1 april 2016, a number of member states, the commission, the nuclear threat initiative (nti) and the world nuclear transport institute (wnti) have pledged funds totalling approximately usd 124 900 000 and eur 25 000 000, and the contributions received by the agency as of this date are usd 124 900 000 and eur 20 000 000. financial contributions have been provided by the nuclear threat initiative (usd 50 000 000), us (usd 50 000 000), uae (usd 10 000 000), norway (usd 5 000 000), kuwait (usd 10 000 000), wnti (eur 10 000) kazakhstan (usd 400 000). eur 20 000 000 donated by the commission is dedicated to purchase of leu for the iaea leu bank and up to eur 5 000 000 have been pledged for security related upgrades. the funds for security related upgrades (up to eur 5 000 000) are the subject to this annex. the next key stages for the iaea leu bank are: (a) finalisation of the establishment of the iaea leu storage facility, including completing construction; confirmation that the building and equipment correspond to the design intent and the applicable safety and security provisions; (b) agreement on a cylinder management programme with ump to ensure long-term safety and security of the cylinders and their readiness for transport; (c) commissioning of the facility; (d) acquisition of the iaea leu and transporting it to the storage facility; (e) start of operations. objectives of the project contributing to the establishment and the secure management of the iaea leu bank, in particular by ensuring high levels of security and safety during transport and storage, in line with the iaea safety standards and security guidance. benefits the following benefits will be achieved: (a) enhancing the assurance of supply of nuclear fuel in a secure and safe manner; and (b) assisting the iaea with ensuring the security and safety of transport of leu from procurement to supply, as well as during storage at the site of the leu bank. ii. description of the activities the leu bank the iaea leu bank will consist of a physical stock of roughly 90 tonnes of leu, the quantity needed for one initial load for a modern light water reactor (equivalent to approximately 3 core reloads) for electricity generation, along with related equipment and services. the stock will be owned by the iaea. the iaea leu bank will operate in accordance with certain non-discriminatory criteria for the release of the leu to a recipient country. those criteria are fully compatible with the iaea statute and have been approved by the board of governors. the nuclear facility using the leu must be covered by a safeguards agreement with the iaea, and be in full compliance with that agreement. union support the union will support the iaea leu bank in a complementary manner through different instruments. a financial contribution of eur 20 000 000 for leu acquisition was already provided in 2011 from the instrument for stability. this decision will contribute to the safe and secure operation and management of the iaea leu bank. relevant activities foreseen by the iaea, to which this decision will contribute financially, may include: 1. supporting the safe and secure establishment of storage for the 90 tonnes of leu this item covers the cost of implementation of the project plan activities, including the plan of specific activities (psa) for the year 2017 and follow-up activities in 2018. the psa, agreed between the iaea, ump, and the committee for atomic and energy supervision and control of kazakhstan, is a list of activities considered necessary for the upgrading of facilities, equipment, procedures, and practices to ensure that the iaea leu bank will be established, stored, operated and protected in accordance with the relevant provisions of the iaea safety standards and security guidance. these activities were developed on the basis of several assessments, conducted from 2012 to 2016. in particular, an agency mission in january 2016 also identified some further extrinsic equipment that will be required to enable the storage facility to be operated in accordance with iaea standards for emergency preparedness and response. activities include the development of procedures for safe and secure operations, procurement of emergency preparedness and response and radiation protection equipment, and provision of associated training; conducting workshops on security topics relevant for the iaea leu bank (e.g. nuclear security culture); observation of emergency exercises at the facility; and follow-up assessment activities to validate the compliance of upgrades with the relevant iaea safety standards and security guidance prior to commissioning. the leu will only be placed in the iaea leu storage facility when the iaea is satisfied that the iaea leu bank has been established and complies with the applicable provisions of the iaea safety standards and security guidance. therefore, the iaea will undertake a confirmation mission, planned for the summer of 2017, to confirm that the completed building and its key equipment correspond to the design intent and that the full infrastructure needed to meet the applicable safety and security provisions is in place. over a period of two years the budget will include the cost of planning, executing, supporting, and reporting on the project plan and psa activities, inclusive of costs to cover iaea human resources to ensure that, in accordance with the mandate of the iaea leu bank project, no regular budget funds are used. 2. ensuring the secure transport of 90 tonnes of leu it is expected that the leu 90 tonnes will be transported from the facility of the vendor, or vendors, to the ulba metallurgical plant, in oskemen, kazakhstan, where the iaea leu bank will be located. shipments of leu moving through various jurisdictions, must satisfy all documentation, insurance, transit approval, and marking requirements, including states' requirements related to physical protection which are contained in relevant conventions and recommendations developed under the auspices of the iaea, and the security requirements of the international maritime organisation (imo). expenditure associated with the transport of the leu will depend on the geographic location of the leu vendor and the maritime and overland transport distances between the vendor and ulba metallurgical plant (ump) in kazakhstan, and the number of ports of call and border transits required for completing delivery. the item includes the development of technical specifications with iaea officials and external experts specialist input; the planning and supervision of the transport; insurance; chartering of a maritime transport vessel for enhanced security; consultation on transport route security risk assessment and planning; as well as guarding during maritime transport, ports of call and transit locations. 3. ensuring the long term storage of the 90 tonnes of leu the leu will be located at a dedicated storage facility within the ump territory, located in oskemen, kazakhstan. the iaea leu will be stored in 30b cylinders. the facility operator, on behalf of the iaea, will be responsible for storing and protecting the leu, in compliance with the iaea safety standards and security guidance. this includes the purchase of the 30b cylinders, which will provide physically safe and secure storage of the leu. safety studies indicate that these containment vessels provide robust, safe storage for up to 50 years. in addition to providing safety, the thickness of the walls of the cylinders and the overall design of the cylinders contributes to physical protection from sabotage and theft. a key activity in ensuring the long term storage of the leu is the implementation of a cylinder management programme, including routine inspection and recertification of 30b cylinders in storage, for compliance with the iso 7195 standard, as well as for assurance of readiness for transport to member states. this requires procurement of services for re-certification of cylinders by authorised inspectors as well as services from ump staff to support the performance of the testing. in addition, during long-term storage of the iaea leu, the iaea will undertake routine and ad-hoc monitoring activities, including receipt, review, and verification of annual reports from ump. this will include annual meetings with ump to review the safety and security activities related to the iaea leu bank, as well as other types of missions to ump to ensure that the relevant provisions of the iaea safety standards and security guidance continue to be applied to the iaea leu bank. this item will cover a period of 5 years. iii. duration the estimated duration of the implementation period of the project is 60 months, starting with the signing of the financing agreement referred to in article 3. iv. beneficiaries the beneficiaries of the project in this decision are all eligible recipient states of services of the iaea leu bank, fulfilling the conditions for access to the leu bank as established by the iaea board of governors. v. implementing entity the iaea will be entrusted with the technical implementation of the project, as described above, under the control of the hr. the project will be implemented directly by staff of the iaea, experts from other national nuclear authorities and contractors. in the case of contractors, the procurement of any goods, works or services by the iaea in the context of this decision will be carried out as detailed in the financing agreement to be concluded by the commission with the iaea. vi. reporting the implementing entity will prepare: (a) regular reports on the implementation of the project; (b) a final report not later than two months after the end of the implementation of the project. reports will be sent to the hr.

name: council implementing decision (eu) 2016/1989 of 11 november 2016 setting out a recommendation for prolonging temporary internal border control in exceptional circumstances putting the overall functioning of the schengen area at risk type: decision_impl subject matter: europe; international law; politics and public safety; migration date published: 2016-11-15 15.11.2016 en official journal of the european union l 306/13 council implementing decision (eu) 2016/1989 of 11 november 2016 setting out a recommendation for prolonging temporary internal border control in exceptional circumstances putting the overall functioning of the schengen area at risk the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) 2016/399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders (schengen borders code) (1), and in particular article 29 thereof, having regard to the proposal from the european commission, whereas: (1) in accordance with article 29 of the schengen borders code, the council adopted on 12 may 2016 an implementing decision setting out a recommendation for temporary internal border control in exceptional circumstances putting the overall functioning of the schengen area at risk. (2) the council recommended to five schengen states (austria, germany, denmark, sweden and norway) to maintain proportionate temporary border controls for a maximum period of 6 months as from the day of adoption of the implementing decision, to address the serious threat to public policy or internal security posed in these states by the combination of deficiencies in external border control in greece and the secondary movements of irregular migrants entering via greece and who intend to move to other schengen states. (3) on 28 september 2016, the commission issued its report on the implementation of the implementing decision. it concluded that the internal border controls carried out by austria, germany, denmark, sweden and norway have been proportionate and in line with the council recommendation. the commission further concluded that, based on the information available and the reports received from the states concerned, it saw no need for proposing amendments to the implementing decision at the time of reporting. (4) on 18 and 21 october 2016, the schengen states concerned reported for the second time to the commission on the implementation of the council recommendation. the information provided follows a trend similar to the data provided for the first report (reduction in the number of persons to whom entry is refused, as well as in the number of asylum applications received) and thus shows a progressive stabilisation of the situation. (5) however, despite a sharp drop in the number of arrivals of irregular migrants and asylum-seekers in the european union, an important number of irregular migrants still remains in greece as well as in the member states most affected by the secondary movements of irregular migrants coming from greece. based on the trends observed in the past, it is justified to expect that these persons may want to move irregularly to other member states when the border checks, which hinder their secondary movement, are lifted. (6) the cumulated number of asylum applications received since the beginning of the migratory crisis and the still incoming applications have put an important strain on the national administrations and services in all eu member states and specifically in the schengen states concerned by the implementing decision. (7) internal border controls cannot be viewed in isolation from other important factors. in its communication back to schengen a roadmap (2), the commission identified the different policies to be put in place to return to a fully functioning schengen area. (8) the roadmap notably included the adoption and the implementation of the european border and coast guard. regulation (eu) 2016/1624 of the european parliament and of the council of 14 september 2016 on the european border and coast guard (3) entered into force on 6 october 2016, within a 9 months' time frame since the presentation of the commission proposal, showing the commitment of all actors involved. it is expected that the rapid reaction pools, covering both human resources and technical equipment, and the rapid return pools will be established and operational by, respectively, 7 december 2016 and 7 january 2017. (9) another element identified in the back to schengen roadmap is the successful implementation of the eu-turkey statement. while the implementation of the statement, as set out in the third progress report (4), continues to deliver results, it is important to continue to ensure that the statement functions on a sustained basis. moreover, there remains an ongoing need for the cooperation agreed upon in the statement of the western balkans route leaders meeting. (10) it follows from the above that despite the steady and important progress in the fields identified by the back to schengen roadmap and a progressive stabilisation of the situation, these actions still need time to be fully implemented and the corresponding results to be confirmed. (11) exceptional circumstances constituting a serious threat to public policy and internal security and putting at risk the overall functioning of the schengen area therefore still persist. (12) given the current fragile situation in greece and the residue of pressure remaining in the member states most affected by the secondary movements of irregular migrants coming from greece, it therefore appears justified to allow a proportionate prolongation of the temporary internal border controls by the schengen states currently carrying out such controls as a last resort measure in response to a serious threat to their public policy or internal security, namely austria, germany, denmark, sweden and the associated country norway, in accordance with article 29 of the schengen borders code. (13) based on the factual indicators available at this stage, this prolongation should not exceed 3 months as from the date of adoption of the present implementing decision. (14) the member states that decide to continue carrying out internal border control following the present implementing decision should notify the other member states, the european parliament and the commission accordingly. (15) before opting for such controls, the member states concerned should examine whether other measures alternative to border controls could not be used to effectively remedy the identified threat. the member states concerned should inform of the outcome of this reflection and the reasons for opting for border controls in their notifications. (16) as stated in the european council conclusions on migration of 20 october 2016, the process of getting back to schengen entails adjusting the temporary internal border controls to reflect the current needs. the controls under the present implementing decision should be carried out only to the necessary extent, limited in their intensity to the absolute minimum necessary. for example, when during a given period there is an insignificant flow, controls at certain border sections may then not even be necessary. in order to impede as little as possible the crossing of the relevant internal borders for the general public, only targeted, risk analysis and intelligence based controls can take place. furthermore, the necessity of these controls at the relevant border sections should be examined and re-evaluated regularly in cooperation with all the member states affected with the objective of progressively reducing them. (17) at the end of each month of implementation of the present implementing decision, a complete report on the results of the checks carried out should be sent to the commission, together with an assessment of their continuous necessity when applicable. this report should include the total number of persons checked, the total number of refusals of entry following the checks, the total number of return decisions issued following the checks and the total number of asylum applications received at the internal borders where the checks take place. (18) the council takes note that the commission has announced that it will closely monitor the application of this implementing decision, hereby recommends: 1. austria, germany, denmark, sweden and norway to prolong proportionate, temporary border controls for a maximum period of three months, starting from the day of adoption of this implementing decision, at the following internal borders: austria at the austrian-hungarian land border and austrian-slovenian land border, germany at the german-austrian land border; denmark in the danish ports with ferry connections to germany and at the danish-german land border, sweden in the swedish harbours in the police region south and west and at the resund bridge, norway in the norwegian ports with ferry connections to denmark, germany and sweden. 2. before prolonging such controls, the member states concerned should exchange views with the relevant member state(s) with a view to ensuring that internal border controls are carried out only where it is considered necessary and proportionate. furthermore, the member states concerned should ensure that internal border controls are only carried out as a last resort measure when other alternative measures cannot achieve the same effect, and only at those parts of the internal border where it is considered necessary and proportionate, in accordance with the schengen borders code. the member states concerned should notify the other member states, the european parliament and the commission accordingly. 3. border control should remain targeted, based on risk analysis and intelligence, and limited in scope, frequency, location and time, to what is strictly necessary to respond to the serious threat and to safeguard public policy and internal security. the member state that carries out internal border control pursuant to the present implementing decision should review weekly the necessity, frequency, location and time of controls, adjust the intensity of the controls to the level of the threat addressed, phasing them out wherever appropriate, and report to the commission every month. done at brussels, 11 november 2016. for the council the president p. iga (1) oj l 77, 23.3.2016, p. 1. (2) com(2016) 120 final. (3) oj l 251, 16.9.2016, p. 1. (4) third report on the progress made in the implementation of the eu-turkey statement (com(2016) 634).

name: council decision (eu) 2016/1981 of 8 november 2016 appointing an alternate member, proposed by the kingdom of sweden, of the committee of the regions type: decision subject matter: europe; eu institutions and european civil service date published: 2016-11-12 12.11.2016 en official journal of the european union l 305/29 council decision (eu) 2016/1981 of 8 november 2016 appointing an alternate member, proposed by the kingdom of sweden, of the committee of the regions the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 305 thereof, having regard to the proposal of the swedish government, whereas: (1) on 26 january 2015, 5 february 2015 and 23 june 2015, the council adopted decisions (eu) 2015/116 (1), (eu) 2015/190 (2) and (eu) 2015/994 (3) appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020. on 20 july 2015, by council decision (eu) 2015/1203 (4), mr kenth l vgren was replaced by ms ingeborg wiksten as an alternate member. (2) an alternate member's seat on the committee of the regions has become vacant following the end of the term of office of ms ingeborg wiksten, has adopted this decision: article 1 the following is hereby appointed as an alternate member of the committee of the regions for the remainder of the current term of office, which runs until 25 january 2020: mr mohamad hassan, ledamot i kommunfullm ktige, uppsala kommun. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 8 november 2016. for the council the president p. ka im r (1) council decision (eu) 2015/116 of 26 january 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 20, 27.1.2015, p. 42). (2) council decision (eu) 2015/190 of 5 february 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 31, 7.2.2015, p. 25). (3) council decision (eu) 2015/994 of 23 june 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 159, 25.6.2015, p. 70). (4) council decision (eu) 2015/1203 of 20 july 2015 appointing three swedish members and six swedish alternate members of the committee of the regions (oj l 195, 23.7.2015, p. 44).

name: decision (eu) 2016/1975 of the european central bank of 8 november 2016 on the sub-delegation of the powers to grant a provisional accreditation (ecb/2016/39) type: decision subject matter: monetary relations; monetary economics; technology and technical regulations date published: 2016-11-11 11.11.2016 en official journal of the european union l 304/9 decision (eu) 2016/1975 of the european central bank of 8 november 2016 on the sub-delegation of the powers to grant a provisional accreditation (ecb/2016/39) the executive board of the european central bank, having regard to the treaty on the functioning of the european union, and in particular article 128 thereof, having regard to the statute of the european system of central banks and of the european central bank, and in particular article 16 thereof, having regard to decision ecb/2013/54 of 20 december 2013 on the accreditation procedures for manufacturers of euro secure items and euro items and amending decision ecb/2008/3 (1), and in particular article 3(2) thereof, whereas: (1) the executive board is competent to take all decisions relating to a manufacturer's accreditation under articles 6, 16 to 18 and 20 of decision ecb/2013/54 and to sub-delegate the powers to grant a provisional accreditation under article 6 of that decision to one or more of its members. (2) to further streamline the accreditation procedure, the powers to grant a provisional accreditation should be sub-delegated to the member of the executive board to whom the directorate banknotes reports. (3) to safeguard the executive board's collective responsibility, the member of the executive board to whom the sub-delegation is granted should provide an annual report on accreditation decisions to the executive board unless no accreditations have been granted. (4) decision ecb/2012/15 (2) refers to competences attributed to the executive board in accordance with article 2(3) of decision ecb/2011/8 (3) and with article 2(4) of decision ecb/2010/22 (4). both decision ecb/2011/8 and decision ecb/2010/22 were repealed by decision ecb/2013/54. in the interests of clarity, decision ecb/2012/15 should also be repealed. (5) given the need to organise the accreditation procedure efficiently and in view of pending urgent requests for accreditation, the sub-delegation should be effected as soon as possible and enter into force on the day after its publication in the official journal of the european union, has adopted this decision: article 1 sub-delegation of powers the executive board sub-delegates the powers to grant a provisional accreditation under article 6 of decision ecb/2013/54 to the member of the executive board to whom the directorate banknotes reports. article 2 reporting obligation the member of the executive board to whom the directorate banknotes reports shall submit an annual report to the executive board on the accreditations granted pursuant to article 1, unless no accreditations have been granted. article 3 repeal decision ecb/2012/15 is repealed. article 4 entry into force this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at frankfurt am main, 8 november 2016. the president of the ecb mario draghi (1) oj l 57, 27.2.2014, p. 29. (2) decision ecb/2012/15 of 17 july 2012 on the sub-delegation of powers to grant, renew or extend accreditations (oj l 209, 4.8.2012, p. 17). (3) decision ecb/2011/8 of 21 june 2011 on the environmental and health and safety accreditation procedures for the production of euro banknotes (oj l 176, 5.7.2011, p. 52). (4) decision ecb/2010/22 of 25 november 2010 on the quality accreditation procedure for manufacturers of euro banknotes (oj l 330, 15.12.2010, p. 14).

name: council decision (eu) 2016/1970 of 29 september 2016 on the signing, on behalf of the european union, and provisional application of the partnership agreement on relations and cooperation between the european union and its member states, of the one part, and new zealand, of the other part type: decision subject matter: asia and oceania; cooperation policy; european construction; international affairs date published: 2016-11-11 11.11.2016 en official journal of the european union l 304/1 council decision (eu) 2016/1970 of 29 september 2016 on the signing, on behalf of the european union, and provisional application of the partnership agreement on relations and cooperation between the european union and its member states, of the one part, and new zealand, of the other part the council of the european union, having regard to the treaty on european union, and in particular article 37 thereof, having regard to the treaty on the functioning of the european union, and in particular article 207 and article 212(1), in conjunction with article 218(5) and the second subparagraph of article 218(8) thereof, having regard to the joint proposal from the european commission and the high representative of the union for foreign affairs and security policy, whereas: (1) on 25 june 2012, the council authorised the commission and the high representative of the union for foreign affairs and security policy to open negotiations with new zealand on a framework agreement to replace the joint declaration on relations and cooperation between the european union and new zealand of 21 september 2007. (2) the negotiations on the partnership agreement on relations and cooperation between the european union and its member states, of the one part, and new zealand, of the other part (the agreement) were successfully concluded on 30 july 2014. the agreement reflects both the historically close relationship and increasingly strong links developing between the parties, and their desire to further strengthen and extend their relations in an ambitious and innovative way. (3) article 58 of the agreement provides that the union and new zealand may apply provisionally certain provisions of the agreement, determined mutually by the two parties, pending its entry into force. (4) the agreement should therefore be signed on behalf of the union and some of its provisions should be applied on a provisional basis, pending the completion of the procedures necessary for its conclusion, has adopted this decision: article 1 the signing on behalf of the union of the partnership agreement on relations and cooperation between the european union and its member states, of the one part, and new zealand, of the other part, is hereby authorised, subject to the conclusion of the agreement. the text of the agreement is attached to this decision. article 2 pending its entry into force, in accordance with article 58 of the agreement and subject to the notifications provided for therein, the following provisions of the agreement shall be applied provisionally between the union and new zealand, but only to the extent that they cover matters falling within the union's competence, including matters falling within the union's competence to define and implement a common foreign and security policy (1): article 3 (dialogue), article 4 (cooperation in regional and international organisations), article 5 (political dialogue), article 53 (joint committee), with the exception of points (g) and (h) of paragraph 3 thereof, and title x (final provisions), with the exception of article 57 and article 58(1) and (3), to the extent necessary for the purpose of ensuring the provisional application of the provisions of the agreement referred to in this article. article 3 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 4 this decision shall enter into force on the day following that of its adoption. done at brussels, 29 september 2016. for the council the president p. iga (1) the date from which the provisions of the agreement referred to in article 2 will be applied provisionally, will be published in the official journal of the european union by the general secretariat of the council.

name: commission implementing decision (eu) 2016/1968 of 9 november 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 hungary (notified under document c(2016) 7245) (text with eea relevance ) type: decision_impl subject matter: europe; agricultural activity; agricultural policy; regions of eu member states; international trade date published: 2016-11-10 10.11.2016 en official journal of the european union l 303/23 commission implementing decision (eu) 2016/1968 of 9 november 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype h5n8 hungary (notified under document c(2016) 7245) (only the hungarian 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) although avian influenza is mainly found in birds, infection with the causative virus has occurred occasionally and under certain circumstances also in humans. (3) in the event of an outbreak of avian influenza, there is a risk that the disease agent spreads 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 poultry or other captive 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. that directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza. (5) hungary notified the commission of an outbreak of highly pathogenic avian influenza of subtype h5n8 in a holding on its territory where poultry or other captive birds are kept and it took the measures pursuant to directive 2005/94/ec, including the establishment of protection and surveillance zones. (6) the commission has examined those measures and is satisfied that the boundaries of the protection and surveillance zones, established by the competent authority in that member state, are at sufficient distance to any holding where an outbreak was confirmed. (7) 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 at union level, in collaboration with the affected member state, the protection and surveillance zones established in hungary. (8) accordingly, the protection and surveillance zones in hungary, where the animal health control measures as laid down in directive 2005/94/ec are applied, should be defined in the annex to this decision and the duration of that regionalisation fixed. (9) 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 hungary shall ensure that the protection and surveillance zones established in accordance with article 16(1) of directive 2005/94/ec comprise at least the areas listed as protection and surveillance zones in parts a and b of the annex to this decision. article 2 this decision shall apply until 31 december 2016. article 3 this decision is addressed to hungary. done at brussels, 9 november 2016. 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). annex part a protection zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 29 of directive 2005/94/ec hu hungary area comprising: that parts of orosh za district of b k s county and that parts of mak district of csongr d county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.39057; e20.74251; supplemented with the entire built up areas of t tkoml s and nagy r localities 27.11.2016 part b surveillance zone as referred to in article 1: iso country code member state code (if available) name date until applicable in accordance with article 31 of directive 2005/94/ec hu hungary area comprising: the area of the parts of orosh za and mez kov csh za districts of b k s county and the area of the parts of mak district of csongr d county beyond the area described in the protection zone and within the circle of radius 10 kilometres, centred on gps coordinates n46.39057; e20.74251; supplemented with the entire built up areas of b k ss mson, kaszaper, v gegyh za and mez hegyes localities 6.12.2016 that parts of orosh za district of b k s county and that parts of mak district of csongr d county contained within a circle of radius 3 kilometres, centred on gps coordinates n46.39057; e20.74251; supplemented with the entire built up areas of t tkoml s and nagy r localities 28.11.2016-6.12.2016

name: council decision (eu) 2016/1946 of 15 march 2016 concerning the signing and conclusion of the agreement between the european union and georgia on security procedures for exchanging and protecting classified information type: decision subject matter: information and information processing; international affairs; europe; european construction; information technology and data processing date published: 2016-11-08 8.11.2016 en official journal of the european union l 300/1 council decision (eu) 2016/1946 of 15 march 2016 concerning the signing and conclusion of the agreement between the european union and georgia on security procedures for exchanging and protecting classified information the council of the european union, having regard to the treaty on european union, in particular article 37 thereof, and the treaty on the functioning of the european union, in particular article 218(5) and the first subparagraph of article 218(6) thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) at its meeting on 20 january 2014, the council decided to authorise the high representative of the union for foreign affairs and security policy (hr) to open negotiations pursuant to article 37 of the treaty on european union and in accordance with the procedure laid down in article 218(3) of the treaty on the functioning of the european union in order to conclude an agreement on the security of information between the european union and georgia. (2) following that authorisation, the hr negotiated an agreement with georgia on security procedures for exchanging and protecting classified information. (3) that agreement should be approved, has adopted this decision: article 1 the agreement between the european union and georgia on security procedures for exchanging and protecting classified information is hereby approved on behalf of the union. the text of the agreement is attached to this decision. article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement in order to bind the union. article 3 this decision shall enter into force on the day of its adoption. done at brussels, 15 march 2016. for the council the president a.g. koenders

name: commission implementing decision (eu) 2016/1940 of 6 october 2016 on the establishment of market conditions for terminal air navigation services in the united kingdom under article 3 of implementing regulation (eu) no 391/2013 (notified under document c(2016) 6336) type: decision_impl subject matter: marketing; organisation of transport; air and space transport; europe; international law; transport policy; prices date published: 2016-11-05 5.11.2016 en official journal of the european union l 299/59 commission implementing decision (eu) 2016/1940 of 6 october 2016 on the establishment of market conditions for terminal air navigation services in the united kingdom under article 3 of implementing regulation (eu) no 391/2013 (notified under document c(2016) 6336) (only the english text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 550/2004 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) (1), and in particular article 16(1) thereof, having regard to commission implementing regulation (eu) no 391/2013 of 3 may 2013 laying down a common charging scheme for air navigation services (2), and in particular article 3(4) thereof, whereas: (1) implementing regulation (eu) no 391/2013 lays down a common charging scheme for air navigation services. pursuant to article 3(1) of that regulation, member states may decide that some or all of their terminal air navigation services are subject to market conditions. in such case, the provisions of that regulation apply, but the member state concerned may decide with regard to those services not to take the measures specified in points (a) to (d) of its article 3(1). (2) on 6 may 2015, the authorities of the united kingdom informed the commission of the decision of that member state that the terminal air navigation services at airports in the terminal charging zone b are subject to market conditions. those services are provided at nine airports in the united kingdom, namely heathrow airport-london, gatwick airport-london, stansted airport-london, luton, city airport-london, birmingham, manchester, glasgow and edinburgh. (3) the united kingdom authorities submitted a report on the content and results of the assessment against the conditions of annex i to implementing regulation (eu) no 391/2013, on which that decision has been based. upon the commission's request, those authorities submitted additional supporting evidence, including tender documents, on 2 october 2015. the commission has verified the information provided by the united kingdom authorities. (4) the information demonstrated that the assessment by those authorities included consultation with the airspace users' representatives, pursuant to article 3(2) of implementing regulation (eu) no 391/2013, as well as other stakeholders such as airport operators and air navigation services providers. (5) in addition, the information indicated that market conditions exist in the united kingdom terminal air navigation market concerned. in particular, the assessment report shows that the conditions listed in annex i to implementing regulation (eu) no 391/2013 are met. this applies also with respect to those airports of terminal charging zone b where a tender procedure has not yet taken place but is expected to take place in the future, considering that for market conditions to exist it is not necessarily required that such a procedure has taken place within the time frame analysed. (6) the commission therefore agrees with the assessment of the authorities of the united kingdom the terminal air navigation services at the airports in terminal charging zone b are subject to market conditions. (7) pursuant to article 3(5) of implementing regulation (eu) no 391/2013, this decision should apply for the duration of the reference period concerned, namely the second reference period (2015-2019), has adopted this decision: article 1 the commission finds that market conditions have been established for the provision of terminal air navigation services in charging zone b of the united kingdom, in accordance with the requirements of annex i to implementing regulation (eu) no 391/2013. article 2 this decision shall apply until 31 december 2019. article 3 this decision is addressed to the united kingdom of great britain and northern ireland. done at brussels, 6 october 2016. for the commission violeta bulc member of the commission (1) oj l 96, 31.3.2004, p. 10. (2) oj l 128, 9.5.2013, p. 31.

name: commission implementing decision (eu) 2016/1925 of 31 october 2016 repealing implementing decision (eu) 2016/17 authorising the united kingdom to prohibit on its territory the marketing of a variety of hemp listed in the common catalogue of varieties of agricultural plant species, pursuant to council directive 2002/53/ec (notified under document c(2016) 6860) type: decision_impl subject matter: marketing; europe; agricultural policy; plant product date published: 2016-11-04 4.11.2016 en official journal of the european union l 297/16 commission implementing decision (eu) 2016/1925 of 31 october 2016 repealing implementing decision (eu) 2016/17 authorising the united kingdom to prohibit on its territory the marketing of a variety of hemp listed in the common catalogue of varieties of agricultural plant species, pursuant to council directive 2002/53/ec (notified under document c(2016) 6860) (only the english text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 2002/53/ec of 13 june 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular article 18 thereof, whereas: (1) article 32(6) of regulation (eu) no 1307/2013 of the european parliament and of the council (2) provides that in order to prevent support being granted for illegal crops, areas used for the production of hemp may only be eligible if the varieties used have a tetrahydrocannabinol (thc) content not exceeding 0,2 %. (2) article 45(3) of commission implementing regulation (eu) no 809/2014 (3) lays down that, if for the second year the average of all the samples of a given hemp variety exceeds the thc content as laid down in article 32(6) of regulation (eu) no 1307/2013, the member state is to request authorisation to prohibit the marketing of such variety in accordance with article 18 of directive 2002/53/ec. (3) on 28 april 2015, the commission received a request from the united kingdom for the authorisation to prohibit the marketing of the hemp variety finola, as its thc content exceeded the authorised content of 0,2 % for the second year in a row. (4) following that request, the commission adopted implementing decision (eu) 2016/17 (4) and authorised the united kingdom to prohibit on its territory the marketing of that hemp variety. (5) on 15 march 2016, the united kingdom officially informed the commission that, following further testing of samples of the hemp variety finola, it has been discovered that the thc content for 2014 did not exceed the threshold of 0,2 % as laid down in article 32(6) of regulation (eu) no 1307/2013. (6) in this regard, the united kingdom has requested the repeal of implementing decision (eu) 2016/17. (7) that implementing decision should therefore be repealed. (8) 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 repeal of implementing decision (eu) 2016/17 implementing decision (eu) 2016/17 is repealed. article 2 addressee this decision is addressed to the united kingdom of great britain and northern ireland. done at brussels, 31 october 2016. for the commission vytenis andriukaitis member of the commission (1) oj l 193, 20.7.2002, p. 1. (2) regulation (eu) no 1307/2013 of the european parliament and of the council of 17 december 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing council regulation (ec) no 637/2008 and council regulation (ec) no 73/2009 (oj l 347, 20.12.2013, p. 608). (3) commission implementing regulation (eu) no 809/2014 of 17 july 2014 laying down rules for the application of regulation (eu) no 1306/2013 of the european parliament and of the council with regard to the integrated administration and control system, rural development measures and cross compliance (oj l 227, 31.7.2014, p. 69). (4) commission implementing decision (eu) 2016/17 of 7 january 2016 authorising the united kingdom to prohibit on its territory the marketing of a variety of hemp listed in the common catalogue of varieties of agricultural plant species, pursuant to council directive 2002/53/ec (oj l 5, 8.1.2016, p. 7).

name: commission implementing decision (eu) 2016/1917 of 27 october 2016 amending decision 2009/821/ec as regards the lists of border inspection posts and veterinary units in traces (notified under document c(2016) 6835) (text with eea relevance) type: decision_impl subject matter: trade; tariff policy; agricultural policy; european union law; economic geography date published: 2016-11-01 1.11.2016 en official journal of the european union l 296/17 commission implementing decision (eu) 2016/1917 of 27 october 2016 amending decision 2009/821/ec as regards the lists of border inspection posts and veterinary units in traces (notified under document c(2016) 6835) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, 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 (1), and in particular article 20(1) and (3) thereof, having regard to council directive 91/496/eec of 15 july 1991 laying down the principles governing the organisation of veterinary checks on animals entering the community from third countries and amending directives 89/662/eec, 90/425/eec and 90/675/eec (2), and in particular the second sentence of the second subparagraph of article 6(4) and article 6(5) thereof, having regard to council directive 97/78/ec of 18 december 1997 laying down the principles governing the organisation of veterinary checks on products entering the community from third countries (3), and in particular article 6(2) thereof, whereas: (1) commission decision 2009/821/ec (4) lays down a list of border inspection posts approved in accordance with directives 91/496/eec and 97/78/ec. that list is set out in annex i to that decision. (2) following communication from belgium, france, italy and the netherlands, the entry for the border inspection post at the airport at brussels south charleroi in belgium, at the port at marseille in france, at the airport at milano-malpensa in italy and at the airport at amsterdam in the netherlands should be amended in the list set out in annex i to decision 2009/821/ec. (3) following communication from greece, the approval for the border inspection post at the rail at idomeni has been suspended. therefore, the entry for that border inspection post should be amended in the list set out in annex i to decision 2009/821/ec for greece. (4) spain has communicated that there were changes to the inspection centres at the border inspection post at the airport at barcelona. therefore, the entry for that border inspection post should be amended in the list set out in annex i to decision 2009/821/ec for spain. (5) following communication from italy, a new inspection centre has been added to the border inspection post at the port at napoli. therefore, the entry for that border inspection post should be amended in the list set out in annex i to decision 2009/821/ec for italy. (6) following communication from italy and hungary, the approval for the border inspection post at the airport at genova and for the border inspection post at the rail at kelebia has been deleted. therefore, the entries for these border inspection posts should be deleted from the list set out in annex i to decision 2009/821/ec for italy and hungary. (7) annex ii to decision 2009/821/ec lays down the list of central, regional and local units in the integrated computerised veterinary system (traces). (8) following communication from germany and italy, changes should be brought to several regional and local units in the list of regional and local units in traces for germany and italy set out in annex ii to decision 2009/821/ec. (9) decision 2009/821/ec should therefore be amended accordingly. (10) 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 annexes i and ii to decision 2009/821/ec are amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 27 october 2016. for the commission vytenis andriukaitis member of the commission (1) oj l 224, 18.8.1990, p. 29. (2) oj l 268, 24.9.1991, p. 56. (3) oj l 24, 30.1.1998, p. 9. (4) commission decision 2009/821/ec of 28 september 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by commission veterinary experts and laying down the veterinary units in traces (oj l 296, 12.11.2009, p. 1). annex annexes i and ii to decision 2009/821/ec are amended as follows: (1) annex i is amended as follows: (a) in the part concerning belgium, the entry for the airport at brussels south charleroi is replaced by the following: charleroi airport be crl 4 a o(14) (b) in the part concerning greece, the entry for the rail at idomeni is replaced by the following: idomeni (*) gr eid 2 f hc(2) (*) (c) in the part concerning spain, the entry for the airport at barcelona is replaced by the following: barcelona es bcn 4 a wfs hc(2), nhc-t(ch)(2), nhc-nt(2) o swissport hc(2), nhc(2) o (d) in the part concerning france, the entry for the port at marseille is replaced by the following: marseille port fr mrs 1 p hangar 14 u(14), e hangar 23 hc-t(1)(2), hc-nt(2) (e) the part concerning italy is amended as follows: (i) the entry for the airport at genova is deleted; (ii) the entry for the airport at milano-malpensa is replaced by the following: milano-malpensa it mxp 4 a magazzini aeroportuali alha hc(2), nhc(2) alha airport mxp spa u, e cargo city mle hc(2) o (iii) the entry for the port at napoli is replaced by the following: napoli it nap 1 p molo bausan hc, nhc-nt terminal flavio gioia spa hc(2), nhc(2) (f) in the part concerning hungary, the entry for the rail at kelebia is deleted; (g) in the part concerning the netherlands, the entry for the airport at amsterdam is replaced by the following: amsterdam nl ams 4 a dnata b.v. hc(2), nhc-t(fr), nhc-nt(2) o(14) schiphol animal centre u, e, o(14) klm-2 u, e, o(14) fresh port hc(2), nhc(2) o(14) kuehne + nagel n.v. hc-t(ch)(2) (2) annex ii is amended as follows: (a) the part concerning germany is amended as follows: (i) the entry for the local unit de00011 berlin is replaced by the following: de05111 berlin (ii) the entries for the local units de08512 cottbus and de11803 emden, stadt are deleted; (b) in the part concerning italy, the entry for the regional unit it00004 trentino-alto adige is replaced with the following two regional and local units: it00041 provincia autonoma di bolzano it00141 a.s. della p.a. di bolzano it00042 provincia autonoma di trento it00542 trento

name: council decision (cfsp) 2016/1908 of 28 october 2016 amending decision 2010/573/cfsp concerning restrictive measures against the leadership of the transnistrian region of the republic of moldova type: decision subject matter: international affairs; europe; politics and public safety date published: 2016-10-29 29.10.2016 en official journal of the european union l 295/78 council decision (cfsp) 2016/1908 of 28 october 2016 amending decision 2010/573/cfsp concerning restrictive measures against the leadership of the transnistrian region of the republic of moldova the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 27 september 2010, the council adopted decision 2010/573/cfsp (1). (2) on the basis of a review of decision 2010/573/cfsp, the restrictive measures against the leadership of the transnistrian region of the republic of moldova should be extended until 31 october 2017. the council will carry out a review of the situation with regard to the restrictive measures after six months. (3) decision 2010/573/cfsp should therefore be amended accordingly, has adopted this decision: article 1 article 4(2) of decision 2010/573/cfsp is hereby replaced by the following: 2. this decision shall apply until 31 october 2017. it shall be kept under constant review. it shall be renewed or amended, as appropriate, if the council deems that its objectives have not been met. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 28 october 2016. for the council the president m. laj k (1) council decision 2010/573/cfsp of 27 september 2010 concerning restrictive measures against the leadership of the transnistrian region of the republic of moldova (oj l 253, 28.9.2010, p. 54).

name: commission implementing decision (eu) 2016/1910 of 28 october 2016 on the equivalence of the reporting requirements of certain third countries on payments to governments to the requirements of chapter 10 of directive 2013/34/eu of the european parliament and of the council (text with eea relevance) type: decision_impl subject matter: documentation; executive power and public service; coal and mining industries; america; accounting; cooperation policy date published: 2016-10-29 29.10.2016 en official journal of the european union l 295/82 commission implementing decision (eu) 2016/1910 of 28 october 2016 on the equivalence of the reporting requirements of certain third countries on payments to governments to the requirements of chapter 10 of directive 2013/34/eu of the european parliament and of the council (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 2013/34/eu of the european parliament and of the council of 26 june 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending directive 2006/43/ec of the european parliament and of the council and repealing council directives 78/660/eec and 83/349/eec (1), and in particular article 47 thereof, having regard to directive 2004/109/ec of the european parliament and of the council of 15 december 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending directive 2001/34/ec (2), and in particular article 6 thereof, whereas: (1) the purpose of the equivalence assessment set out in article 46 of directive 2013/34/eu is to reduce administrative burden and to avoid double reporting issues for large undertakings and all public-interest entities active in the extractive industry or the logging of primary forests that prepare and make public reports on payments to governments referred to in article 42 of directive 2013/34/eu. pursuant to article 6 of directive 2004/109/ec issuers active in the extractive or logging of primary forest industries have also to prepare on an annual basis a report on payments made to governments in accordance with chapter 10 of that directive. (2) article 46 of directive 2013/34/eu exempts undertakings active in the extractive industry and undertakings active in the logging of primary forestry industry to prepare and make public a report on payments to governments under the requirements of chapter 10 of directive 2013/34/eu to the extent that the payments concerned are made public by the undertakings as a result of a legal obligation under equivalent third country reporting requirements. such a legal obligation may be de facto impinging on a parent undertaking due to subsidiaries. in that case, the undertakings would report for their payments subject to legal reporting requirements in certain third countries under those third countries' reporting requirements deemed equivalent. for all other remaining payments the undertakings would report under the relevant requirements established by the union law. the concerned undertakings would have still to fulfil the obligation to publish the report as laid down by the laws of each member state in accordance with chapter 2 of directive 2009/101/ec of the european parliament and of the council (3), including any time period set by member states for the public availability of documents. (3) the equivalence of the reporting requirements of third countries should be assessed vis- -vis the criteria set out in article 46(3) of directive 2013/34/eu. the criteria refer, in particular, to target undertakings, target recipients of payments, payments captured, attribution of payments captured, breakdown of payments captured, triggers for reporting on a consolidated basis, reporting medium, frequency of reporting, and anti-evasion measures. (4) canada has adopted reporting requirements on payments to governments (extractive sector transparency measures act of 22 june 2015 and its technical reporting specifications). having regard to the criteria listed in article 46(3) of directive 2013/34/eu, those reporting requirements deliver substantive outcomes equivalent to the provisions contained in chapter 10 of directive 2013/34/eu and in article 6 of directive 2004/109/ec. those reporting requirements are addressed to undertakings and issuers active only in extractive industry. it should be therefore concluded that the reporting requirements of canada to report on payments to governments made by undertakings and issuers should be considered as equivalent to requirements of chapter 10 of directive 2013/34/eu regarding only their activities in the extractive industry. (5) the regular review of the reporting requirements on payment to governments applicable in the third countries subject to this decision is without prejudice to the possibility of the commission to undertake a specific review, where relevant developments make it necessary for the commission to re-assess the equivalence granted by this decision. such re-assessment could lead to the repeal of this decision. (6) the measures provided for in this decision are in accordance with the opinion of the committee established by article 50(1) of directive 2013/34/eu, has adopted this decision: article 1 for the purposes of article 47 of directive 2013/34/eu and article 6 of directive 2004/109/ec, the reporting requirements of the third countries listed in the annex to this decision applicable to undertakings and issuers active in the extractive industry, as referred to in article 41(1) of directive 2013/34/eu, shall be considered as equivalent to the requirements of chapter 10 of directive 2013/34/eu on payments to governments. article 2 this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at brussels, 28 october 2016. for the commission the president jean-claude juncker (1) oj l 182, 29.6.2013, p. 19. (2) oj l 390, 31.12.2004, p. 38. (3) directive 2009/101/ec of the european parliament and of the council of 16 september 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by member states of companies within the meaning of the second paragraph of article 48 of the treaty, with a view to making such safeguards equivalent (oj l 258, 1.10.2009, p. 11). annex list of third countries for the purposes of article 1 (undertakings and issuers active in the extractive industry) (1) canada

name: council decision (eu) 2016/1892 of 10 october 2016 on the signing, on behalf of the european union, and provisional application of the international agreement on olive oil and table olives, 2015 type: decision subject matter: plant product; european construction; international affairs; processed agricultural produce; international trade date published: 2016-10-28 28.10.2016 en official journal of the european union l 293/2 council decision (eu) 2016/1892 of 10 october 2016 on the signing, on behalf of the european union, and provisional application of the international agreement on olive oil and table olives, 2015 the council of the european union, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 207(4), in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) on 19 november 2013, the council authorised the commission to open negotiations on behalf of the union in order to conclude a new international agreement on olive oil and table olives. (2) the new international agreement on olive oil and table olives (the agreement) was adopted on 9 october 2015 by the representatives of 24 member states of the united nations conference on trade and development (unctad) and two intergovernmental organisations during the united nations conference for the negotiation of a successor agreement to the international agreement on olive oil and table olives, 2005. (3) the 2005 international agreement on olive oil and table olives (1), which was due to expire on 31 december 2014, was extended until 31 december 2015 and will remain in force, in accordance with article 47(3) thereof, until the agreement enters into force, provided that the period of such extension does not exceed 12 months. the agreement will be open for signature at the united nations headquarters in new york until 31 december 2016 inclusive. (4) article 31(1) of the agreement lays down the requirements for its entry into force on 1 january 2017. article 31(2) and (3) thereof provide for the provisional application of the agreement, under certain conditions, if the requirements laid down in article 31(1) are not met. (5) in accordance with article 31(2) of the agreement, and in order to avoid any interruption in the application of the rules laid down in the 2005 international agreement on olive oil and table olives, provision should be made for the union to provisionally apply the agreement if the procedure for its conclusion by the union has not been completed before 1 january 2017. (6) it should also be provided that the union may provisionally apply the agreement, in accordance with article 31(3), if the requirements for its final or provisional entry into force under article 31(1) and (2) have not been met by 31 december 2016. (7) consequently, the agreement should be signed on behalf of the union, subject to its conclusion at a later date, and its provisional application in accordance with the requirements laid down in article 31(2) and (3) thereof should be notified, has adopted this decision: article 1 the signing on behalf of the union of the international agreement on olive oil and table olives, 2015, is hereby authorised, subject to the conclusion of the said agreement. the text of the agreement is attached to this decision. article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 3 the union shall apply the agreement provisionally as from 1 january 2017 if the procedure for its conclusion by the union has not been completed and the conditions laid down in article 31(2) and (3) of the agreement have been met. the provisional application of the agreement, under the conditions set out in the first paragraph of this article, shall be notified, in accordance with article 31(2) and (3) of the agreement, by the person(s) authorised to sign the agreement under article 2 of this decision. article 4 this decision shall enter into force on the date of its adoption. done at luxembourg, 10 october 2016. for the council the president g. mate n (1) oj l 302, 19.11.2005, p. 47.

name: council decision (eu) 2016/1888 of 24 june 2016 on the signing, on behalf of the union, and provisional application of the agreement between the european union and solomon islands on the short-stay visa waiver type: decision subject matter: international law; european construction; international affairs; asia and oceania date published: 2016-10-27 27.10.2016 en official journal of the european union l 292/1 council decision (eu) 2016/1888 of 24 june 2016 on the signing, on behalf of the union, and provisional application of the agreement between the european union and solomon islands on the short-stay visa waiver the council of the european union, having regard to the treaty on the functioning of the european union, and in particular point (a) of article 77(2), in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) regulation (eu) no 509/2014 of the european parliament and of the council (1) transferred the reference to solomon islands from annex i to annex ii to council regulation (ec) no 539/2001 (2). (2) that reference to solomon islands is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the european union. (3) on 9 october 2014, the council adopted a decision authorising the commission to open negotiations with solomon islands for the conclusion of an agreement between the european union and solomon islands on the short-stay visa waiver (the agreement). (4) negotiations on the agreement were opened on 19 november 2014 and were successfully finalised by the initialling thereof on 13 november 2015. (5) the agreement should be signed and the declarations attached to the agreement should be approved, on behalf of the union. the agreement should be applied on a provisional basis as from the day following the date of signature thereof, pending the completion of the procedures necessary for its conclusion. (6) this decision constitutes a development of the provisions of the schengen acquis in which the united kingdom does not take part, in accordance with council decision 2000/365/ec (3); the united kingdom is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (7) this decision constitutes a development of the provisions of the schengen acquis in which ireland does not take part, in accordance with council decision 2002/192/ec (4); ireland is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application, has adopted this decision: article 1 the signing on behalf of the union of the agreement between the european union and solomon islands on the short-stay visa waiver is hereby authorised, subject to the conclusion of the said agreement. the text of the agreement is attached to this decision. article 2 the declarations attached to this decision shall be approved on behalf of the union. article 3 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 4 the agreement shall be applied on a provisional basis as from the day following the date of signature thereof (5), pending the completion of the procedures necessary for its conclusion. article 5 this decision shall enter into force on the date of its adoption. done at luxembourg, 24 june 2016. for the council the president a.g. koenders (1) regulation (eu) no 509/2014 of the european parliament and of the council of 15 may 2014 amending council regulation (ec) no 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (oj l 149, 20.5.2014, p. 67). (2) council regulation (ec) no 539/2001 of 15 march 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (oj l 81, 21.3.2001, p. 1). (3) council decision 2000/365/ec of 29 may 2000 concerning the request of the united kingdom of great britain and northern ireland to take part in some of the provisions of the schengen acquis (oj l 131, 1.6.2000, p. 43). (4) council decision 2002/192/ec of 28 february 2002 concerning ireland's request to take part in some of the provisions of the schengen acquis (oj l 64, 7.3.2002, p. 20). (5) the date of signature of the agreement will be published in the official journal of the european union by the general secretariat of the council.

name: council decision (eu) 2016/1885 of 18 october 2016 on the conclusion of the agreement in the form of an exchange of letters between the european union and the people's republic of china pursuant to article xxiv:6 and article xxviii of the general agreement on tariffs and trade (gatt) 1994 relating to the modification of concessions in the schedule of the republic of croatia in the course of its accession to the european union type: decision subject matter: european construction; asia and oceania; international trade; international affairs; europe; tariff policy date published: 2016-10-26 26.10.2016 en official journal of the european union l 291/7 council decision (eu) 2016/1885 of 18 october 2016 on the conclusion of the agreement in the form of an exchange of letters between the european union and the people's republic of china pursuant to article xxiv:6 and article xxviii of the general agreement on tariffs and trade (gatt) 1994 relating to the modification of concessions in the schedule of the republic of croatia in the course of its accession to the european union the council of the european union, having regard to the treaty on the functioning of the european union, and in particular first subparagraph of article 207(4), in conjunction with point (a)(v) of the second subparagraph of article 218(6) thereof, having regard to the proposal from the european commission, having regard to the consent of the european parliament (1), whereas: (1) on 15 july 2013 the council authorised the commission to open negotiations with certain other members of the world trade organization under article xxiv:6 of the general agreement on tariffs and trade (gatt) 1994, in the course of the accession to the european union of the republic of croatia. (2) negotiations have been conducted by the commission within the framework of the negotiating directives adopted by the council. (3) those negotiations have been concluded and an agreement in the form of an exchange of letters between the european union and the people's republic of china pursuant to article xxiv:6 and article xxviii of the general agreement on tariffs and trade (gatt) 1994 relating to the modification of concessions in the schedule of the republic of croatia in the course of its accession to the european union was initialled on 7 october 2015. (4) the agreement was signed on behalf of the union on 19 april 2016, subject to its conclusion at a later date, in accordance with council decision (eu) 2016/243 (2). (5) the agreement should be approved, has adopted this decision: article 1 the agreement in the form of an exchange of letters between the european union and the people's republic of china pursuant to article xxiv:6 and article xxviii of the general agreement on tariffs and trade (gatt) 1994 relating to the modification of concessions in the schedule of the republic of croatia in the course of its accession to the european union, is hereby approved on behalf of the union. the text of the agreement is attached to this decision. article 2 the president of the council shall designate the person empowered to proceed, on behalf of the union, to the notification provided for in the agreement, in order to express the consent of the european union to be bound by the agreement (3). article 3 this decision shall enter into force on the date of its adoption. done at brussels, 18 october 2016. for the council the president m. laj k (1) position of the european parliament of 15 september 2016. (2) council decision (eu) 2016/243 of 12 february 2016 on the signing, on behalf of the european union, of the agreement in the form of an exchange of letters between the european union and the people's republic of china pursuant to article xxiv:6 and article xxviii of the general agreement on tariffs and trade (gatt) 1994 relating to the modification of concessions in the schedule of the republic of croatia in the course of its accession to the european union (oj l 45, 20.2.2016, p. 12). (3) the date of entry into force of the agreement will be published in the official journal of the european union by the general secretariat of the council.

name: council decision (eu) 2016/1879 of 24 june 2016 on the signing, on behalf of the union, and provisional application of the agreement between the european union and the federated states of micronesia on the short-stay visa waiver type: decision subject matter: european construction; international affairs; international law; asia and oceania date published: 2016-10-25 25.10.2016 en official journal of the european union l 289/2 council decision (eu) 2016/1879 of 24 june 2016 on the signing, on behalf of the union, and provisional application of the agreement between the european union and the federated states of micronesia on the short-stay visa waiver the council of the european union, having regard to the treaty on the functioning of the european union, and in particular point (a) of article 77(2), in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) regulation (eu) no 509/2014 of the european parliament and of the council (1) transferred the reference to the federated states of micronesia from annex i to annex ii of council regulation (ec) no 539/2001 (2). (2) that reference to the federated states of micronesia is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the european union. (3) on 9 october 2014, the council adopted a decision authorising the commission to open negotiations with the federated states of micronesia for the conclusion of an agreement between the european union and the federated states of micronesia on the short-stay visa waiver (the agreement). (4) negotiations on the agreement were opened on 17 december 2014 and were successfully finalised by the initialling thereof, by exchange of letters, on 16 december 2015 by the federated states of micronesia and on 13 january 2016 by the union. (5) the agreement should be signed, and the declarations attached to the agreement should be approved, on behalf of the union. the agreement should be applied on a provisional basis as from the day following the date of signature thereof, pending the completion of the procedures necessary for its conclusion. (6) this decision constitutes a development of the provisions of the schengen acquis in which the united kingdom does not take part, in accordance with council decision 2000/365/ec (3); the united kingdom is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (7) this decision constitutes a development of the provisions of the schengen acquis in which ireland does not take part, in accordance with council decision 2002/192/ec (4); ireland is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application, has adopted this decision: article 1 the signing on behalf of the union of the agreement between the european union and the federated states of micronesia on the short-stay visa waiver is hereby authorised, subject to the conclusion of the said agreement. the text of the agreement is attached to this decision. article 2 the declarations attached to this decision shall be approved on behalf of the union. article 3 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 4 the agreement shall be applied on a provisional basis as from the day following the date of signature thereof (5), pending the completion of the procedures necessary for its conclusion. article 5 this decision shall enter into force on the date of its adoption. done at luxembourg, 24 june 2016. for the council the president a.g. koenders (1) regulation (eu) no 509/2014 of the european parliament and of the council of 15 may 2014 amending council regulation (ec) no 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (oj l 149, 20.5.2014, p. 67). (2) council regulation (ec) no 539/2001 of 15 march 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (oj l 81, 21.3.2001, p. 1). (3) council decision 2000/365/ec of 29 may 2000 concerning the request of the united kingdom of great britain and northern ireland to take part in some of the provisions of the schengen acquis (oj l 131, 1.6.2000, p. 43). (4) council decision 2002/192/ec of 28 february 2002 concerning ireland's request to take part in some of the provisions of the schengen acquis (oj l 64, 7.3.2002, p. 20). (5) the date of signature of the agreement will be published in the official journal of the european union by the general secretariat of the council.

name: council decision (eu) 2016/1873 of 10 october 2016 on the signing, on behalf of the european union, of the agreement establishing the eu-lac international foundation type: decision subject matter: america; international affairs; legal form of organisations; european construction date published: 2016-10-22 22.10.2016 en official journal of the european union l 288/1 council decision (eu) 2016/1873 of 10 october 2016 on the signing, on behalf of the european union, of the agreement establishing the eu-lac international foundation the council of the european union, having regard to the treaty on european union, and in particular article 37 thereof, having regard to the treaty on the functioning of the european union, and in particular articles 209(2) and 212(1), in conjunction with article 218(5) and the second subparagraph of article 218(8) thereof, having regard to the joint proposal from the high representative of the union for foreign affairs and security policy and from the european commission, whereas: (1) on 23 march 2012, the council authorised the commission to open negotiations for an international agreement between the european union and its member states and the latin american and caribbean countries on the creation of the eu-lac foundation as an international organisation. (2) negotiations for the agreement establishing the eu-lac international foundation (the agreement) were successfully concluded on 29 january 2015. (3) the agreement will establish the eu-lac foundation as an international organisation with legal personality under public international law. (4) the agreement should be signed on behalf of the union, subject to its conclusion at a later date. (5) when acting in the framework of the eu-lac foundation, the union and its member states should coordinate their positions in accordance with the treaties and with the principle of sincere cooperation, has adopted this decision: article 1 the signing on behalf of the union of the agreement establishing the eu-lac international foundation is hereby authorised, subject to the conclusion of the said agreement. article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 3 this decision shall enter into force on the day following that of its adoption. done at luxembourg, 10 october 2016. for the council the president g. mate n

name: council decision (eu) 2016/1876 of 13 october 2016 on the position to be adopted on behalf of the european union within the association committee in trade configuration established by the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other type: decision subject matter: trade policy; cooperation policy; european union law; european construction; europe; international affairs date published: 2016-10-22 22.10.2016 en official journal of the european union l 288/16 council decision (eu) 2016/1876 of 13 october 2016 on the position to be adopted on behalf of the european union within the association committee in trade configuration established by the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other the council of the european union, having regard to the treaty on the functioning of the european union, and in particular the first paragraph of article 207(4) in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the association agreement between the european union and the european atomic energy community, and their member states of the one part, and the republic of moldova, of the other part (1) (the agreement) entered into force on 1 july 2016. (2) in accordance with article 173 of the agreement, the republic of moldova is to gradually achieve conformity with the relevant union acquis, in accordance with the provisions of annex xvi to the agreement. (3) in accordance with article 273 of the agreement the republic of moldova is to ensure that its public procurement legislation is gradually made compatible with the relevant union acquis, in line with the schedule provided in annex xxix to the agreement. (4) several union acts listed in annexes xvi and xxix to the agreement have been amended, recast or repealed and replaced by new union acts since the initialling of the agreement on 29 november 2013. certain union acts listed in annex xvi to the agreement are also listed in other annexes. it is appropriate, in the interest of clarity of obligations, to align the deadlines for approximation applicable to those acts. (5) in accordance with article 269 of the agreement the value thresholds for public procurement contracts provided for in annex xxix-a to the agreement are to be revised regularly, beginning in the year of entry into force of the agreement. (6) it is furthermore appropriate to take into account the progress made by the republic of moldova in the process of approximation to the union acquis by amending certain deadlines. (7) it is therefore necessary to update annexes xvi and xxix in order to reflect the developments to the union acquis listed therein, and revise the value thresholds for public procurement contracts provided for in annex xxix-a to the agreement. (8) in accordance with article 269 of the agreement, the revision of the thresholds provided for in annex xxix-a to the agreement shall be adopted by decision of the association committee in trade configuration. (9) in accordance with article 436(3) of the agreement, the association council shall have the power to update or amend the annexes to the agreement. (10) article 1 of the association council decision no 3/2014 of 16 december 2014 delegates the power to update or amend the trade-related annexes to the agreement to the association committee in trade configuration, including annex xvi pertaining to chapter 3 (technical barriers to trade, standardisation, metrology, accreditation and conformity assessment) and annex xxix pertaining to chapter 8 (public procurement) of title v (trade and trade-related matters) of the agreement. (11) it is appropriate to establish the position to be adopted on the union's behalf within the association committee in trade configuration with regard to the update of annexes xvi and xxix to the agreement, has adopted this decision: article 1 the position to be adopted on the union's behalf within the association committee in trade configuration established by article 438 of the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part, with regard to the update of annexes xvi and xxix to the agreement shall be based on the draft decisions of that committee attached to this decision. minor technical corrections to the draft decisions may be agreed to by the representatives of the union in the association committee in trade configuration without further decision of the council. article 2 this decision shall enter into force on the day of its adoption. done at luxembourg, 13 october 2016. for the council the president r. kali k (1) oj l 260, 30.8.2014, p. 4. draft decision no 1/2016 of the eu-republic of moldova association committee in trade configuration of updating annex xvi to the association agreement the association committee in trade configuration, having regard to the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part, and in particular article 173 and article 436 thereof, whereas: (1) the association agreement between the european union and the european atomic energy community and their member states of the one part, and the republic of moldova, of the other part (1) (the agreement) entered into force on 1 july 2016. (2) in accordance with article 173 of the agreement the republic of moldova shall gradually achieve conformity with the relevant union acquis, in accordance with the provisions of annex xvi to the agreement. (3) several union acts listed in annex xvi to the agreement have been amended, recast or repealed and replaced by new union acts since the initialling of the agreement on 29 november 2013. in particular, the union adopted and notified to the republic of moldova the following acts: (a) directive 2014/35/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to the making available on the market of electrical equipment designed for use within certain voltage limits (2); (b) directive 2014/29/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to the making available on the market of simple pressure vessels (3); (c) directive 2014/30/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to electromagnetic compatibility (4); (d) directive 2014/34/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to equipment and protective systems intended for use in potentially explosive atmospheres (5); (e) directive 2014/28/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to the making available on the market and supervision of explosives for civil uses (6); (f) directive 2014/33/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to lifts and safety components for lifts (7); (g) directive 2014/32/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to the making available on the market of measuring instruments (8); (h) directive 2014/31/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to the making available on the market of non-automatic weighing instruments (9); (i) directive 2014/68/eu of the european parliament and of the council of 15 may 2014 on the harmonisation of the laws of the member states relating to the making available on the market of pressure equipment (10); (j) directive 2014/53/eu of the european parliament and of the council of 16 april 2014 on the harmonisation of the laws of the member states relating to the making available on the market of radio equipment and repealing directive 1999/5/ec (11); (k) directive 2013/53/eu of the european parliament and of the council of 20 november 2013 on recreational craft and personal watercraft and repealing directive 94/25/ec (12); (l) directive 2013/29/eu of the european parliament and of the council of 12 june 2013 on the harmonisation of the laws of the member states relating to the making available on the market of pyrotechnic articles (13); (m) directive 2010/35/eu of the european parliament and of the council of 16 june 2010 on transportable pressure equipment and repealing council directives 76/767/eec, 84/525/eec, 84/526/eec, 84/527/eec and 1999/36/ec (14); (n) regulation (eu) no 168/2013 of the european parliament and of the council of 15 january 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (15); (o) regulation (eu) no 167/2013 of the european parliament and of the council of 5 february 2013 on the approval and market surveillance of agricultural and forestry vehicles (16); (p) regulation (eu) no 649/2012 of the european parliament and of the council of 4 july 2012 concerning the export and import of hazardous chemicals (17); (q) directive 2012/18/eu of the european parliament and of the council of 4 july 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing council directive 96/82/ec (18); (r) directive 2012/19/eu of the european parliament and of the council of 4 july 2012 on waste electrical and electronic equipment (weee) (19). (4) certain union acts listed in annex xvi are also listed in annex iv (consumer protection) and annex xi (environment) to the agreement. in the interest of clarity, the applicable deadlines for approximation of those acts listed in annex xvi should be aligned to the deadlines specified in annex iv (consumer protection) and annex xi (environment) to the agreement. (5) it is necessary to update annex xvi to the agreement in order to reflect the evolution of the union legislation listed in that annex, in accordance with article 436(3) of the agreement. in the interest of clarity, the sections of annex xvi to the agreement affected by the changes should be updated in their entirety. (6) the republic of moldova continues the process of approximating its legislation to the union legislation, in accordance with the timetable and priorities set out in annex xvi to the agreement. it is therefore appropriate to ensure that the recent updates to the union legislation are promptly and efficiently integrated in the ongoing process of approximation and take into account the progress already made by the republic of moldova. (7) it is appropriate to provide for transition periods to the republic of moldova in order to reflect the new union acts in its national legislation and to provide an adaptation period to the manufacturers and importers. accordingly, the deadlines for approximation of its national legislation to those new union acts should be extended. (8) in accordance with article 436(3) of the agreement the eu-republic of moldova the association council shall have the power to update or amend the annexes to the agreement. the association council empowered the association committee in trade configuration by decision no 3/2014 of 16 december 2014 to update or amend certain trade-related annexes, has adopted this decision: article 1 section horizontal legislative framework for marketing of products, section legislation based on the principles of the new approach which provide for ce marking, section directives based on the principles of the new approach or the global approach, but which do not provide for ce marking, subsection 2 two- or three-wheel motor vehicles and subsection 3 wheeled agricultural or forestry tractors of section construction of motor vehicles, subsection 1 reach and reach implementation, subsection 2 dangerous chemicals and subsection 3 classification, packaging and labelling of section chemicals of annex xvi to the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part, are replaced by the text appearing in the annex to this decision. article 2 this decision shall enter into force on the day of its adoption. done at , for the association committee in trade configuration the chair (1) oj eu l 260, 30.8.2014, p. 4. (2) oj eu l 96, 29.3.2014, p. 357. (3) oj eu l 96, 29.3.2014, p. 45. (4) oj eu l 96, 29.3.2014, p. 79. (5) oj eu l 96, 29.3.2014, p. 309. (6) oj eu l 96, 29.3.2014, p. 1. (7) oj eu l 96, 29.3.2014, p. 251. (8) oj eu l 96, 29.3.2014, p. 149. (9) oj eu l 96, 29.3.2014, p. 107. (10) oj eu l 189, 27.6.2014, p. 164. (11) oj eu l 153, 22.5.2014, p. 62. (12) oj eu l 354, 28.12.2013, p. 90. (13) oj eu l 178, 28.6.2013, p. 27. (14) oj eu l 165, 30.6.2010, p. 1. (15) oj eu l 60, 2.3.2013, p. 52. (16) oj eu l 60, 2.3.2013, p. 1. (17) oj eu l 201, 27.7.2012, p. 60. (18) oj eu l 197, 24.7.2012, p. 1. (19) oj eu l 197, 24.7.2012, p. 38. annex update of annex xvi to the agreement section horizontal legislative framework for marketing of products, section legislation based on the principles of the new approach which provide for ce marking, section directives based on the principles of the new approach or the global approach, but which do not provide for ce marking, subsection 2 two- or three-wheel motor vehicles and subsection 3 wheeled agricultural or forestry tractors of section construction of motor vehicles, subsection 1 reach and reach implementation, subsection 2 dangerous chemicals and subsection 3 classification, packaging and labelling of section chemicals of annex xvi to the agreement are replaced by the following: union legislation deadline for approximation horizontal legislative framework for marketing of products regulation (ec) no 765/2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation (eec) no 339/93 decision no 768/2008/ec of the european parliament and of the council of 9 july 2008 on a common framework for the marketing of products, and repealing council decision 93/465/eec approximated on the date of entry into force of the law no 235 of 1 december 2011 directive 2001/95/ec of the european parliament and of the council of 3 december 2001 on general product safety 2016 council directive 85/374/eec of 25 july 1985 on the approximation of the laws, regulations and administrative provisions of the member states concerning liability for defective products 2012 regulation (eu) no 1025/2012 of the european parliament and of the council of 25 october 2012 on european standardisation, amending council directives 89/686/eec and 93/15/eec and directives 94/9/ec, 94/25/ec, 95/16/ec, 97/23/ec, 98/34/ec, 2004/22/ec, 2007/23/ec, 2009/23/ec and 2009/105/ec of the european parliament and of the council and repealing council decision 87/95/eec and decision no 1673/2006/ec of the european parliament and of the council 2015 council directive 80/181/eec of 20 december 1979 on the approximation of the laws of the member states relating to units of measurement and on the repeal of directive 71/354/eec, as amended by directive 2009/3/ec of the european parliament and of the council 2015 legislation based on the principles of the new approach which provide for ce marking directive 2014/35/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to the making available on the market of electrical equipment designed for use within certain voltage limits 2017 directive 2014/29/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to the making available on the market of simple pressure vessels 2017 regulation (eu) no 305/2011 of the european parliament and of the council of 9 march 2011 laying down harmonised conditions for the marketing of construction products and repealing council directive 89/106/eec full approximation: 2015 directive 2014/30/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to electromagnetic compatibility 2017 council directive 89/686/eec of 21 december 1989 on the approximation of the laws of the member states relating to personal protective equipment review and full approximation: 2015 directive 2009/142/ec of the european parliament and of the council of 30 november 2009 relating to appliances burning gaseous fuels review and full approximation: 2016 directive 2000/9/ec of the european parliament and of the council of 20 march 2000 relating to cableway installations designed to carry persons 2015 directive 2014/34/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to equipment and protective systems intended for use in potentially explosive atmospheres 2017 directive 2014/28/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to the making available on the market and supervision of explosives for civil uses commission decision 2004/388/ec of 15 april 2004 on an intra-community transfer of explosives document commission directive 2008/43/ec of 4 april 2008 setting up, pursuant to council directive 93/15/eec, a system for the identification and traceability of explosives for civil uses 2017 directive 2014/33/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to lifts and safety components for lifts 2017 directive 2006/42/ec of the european parliament and of the council of 17 may 2006 on machinery, and amending directive 95/16/ec 2015 directive 2014/32/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to the making available on the market of measuring instruments 2017 council directive 93/42/eec of 14 june 1993 concerning medical devices council directive 90/385/eec of 20 june 1990 on the approximation of the laws of the member states relating to active implantable medical devices directive 98/79/ec of the european parliament and of the council of 27 october 1998 on in vitro diagnostic medical devices review and full approximation: 2015 council directive 92/42/eec of 21 may 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels full approximation: 2017 directive 2014/31/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to the making available on the market of non-automatic weighing instruments 2017 directive 2014/68/eu of the european parliament and of the council of 15 may 2014 on the harmonisation of the laws of the member states relating to the making available on the market of pressure equipment 2017 directive 2014/53/eu of the european parliament and of the council of 16 april 2014 on the harmonisation of the laws of the member states relating to the making available on the market of radio equipment and repealing directive 1999/5/ec 2017 directive 2013/53/eu of the european parliament and of the council of 20 november 2013 on recreational craft and personal watercraft and repealing directive 94/25/ec 2018 directive 2009/48/ec of the european parliament and of the council of 18 june 2009 on the safety of toys review and full approximation: 2015 directive 2013/29/eu of the european parliament and of the council of 12 june 2013 on the harmonisation of the laws of the member states relating to the making available on the market of pyrotechnic articles 2017 directives based on the principles of the new approach or the global approach, but which do not provide for ce marking european parliament and council directive 94/62/ec of 20 december 1994 on packaging and packaging waste 2015 directive 2010/35/eu of the european parliament and of the council of 16 june 2010 on transportable pressure equipment and repealing council directives 76/767/eec, 84/525/eec, 84/526/eec, 84/527/eec and 1999/36/ec 2017 construction of motor vehicles 2. two- or three-wheel motor vehicles regulation (eu) no 168/2013 of the european parliament and of the council of 15 january 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles 2017 3. wheeled agricultural or forestry tractors regulation (eu) no 167/2013 of the european parliament and of the council of 5 february 2013 on the approval and market surveillance of agricultural and forestry vehicles 2016 directive 2008/2/ec of the european parliament and of the council of 15 january 2008 on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors 2016 chemicals 1. reach and reach implementation regulation (ec) no 1907/2006 of the european parliament and of the council of 18 december 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (reach) and establishing a european chemicals agency, amending directive 1999/45/ec and repealing council regulation (eec) no 793/93 and commission regulation (ec) no 1488/94 as well as council directive 76/769/eec and commission directives 91/155/eec, 93/67/eec, 93/105/ec and 2000/21/ec 2019 commission regulation (ec) no 440/2008 of 30 may 2008 laying down test methods pursuant to regulation (ec) no 1907/2006 of the european parliament and of the council on the registration, evaluation, authorisation and restriction of chemicals (reach) 2019 2. dangerous chemicals regulation (eu) no 649/2012 of the european parliament and of the council of 4 july 2012 concerning the export and import of hazardous chemicals 2017 directive 2012/18/eu of the european parliament and of the council of 4 july 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing council directive 96/82/ec 2021 directive 2011/65/eu of the european parliament and of the council of 8 june 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment 2014 directive 2012/19/eu of the european parliament and of the council of 4 july 2012 on waste electrical and electronic equipment (weee) 2016 directive 2006/66/ec of the european parliament and of the council of 6 september 2006 on batteries and accumulators and waste batteries and accumulators and repealing directive 91/157/eec 2013-14 council directive 96/59/ec of 16 september 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (pcb/pct) approximated in 2009 regulation (ec) no 850/2004 of the european parliament and of the council of 29 april 2004 on persistent organic pollutants and amending directive 79/117/eec 2013-14 3. classification, packaging and labelling regulation (ec) no 1272/2008 of the european parliament and of the council of 16 december 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/eec and 1999/45/ec, and amending regulation (ec) no 1907/2006 2021. draft decision no 2/2016 of the eu-republic of moldova association committee in trade configuration of updating annex xxix to the association agreement the association committee in trade configuration, having regard to the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part, and in particular article 269, article 273 and article 436 thereof, whereas: (1) the association agreement between the european union and the european atomic energy community and their member states of the one part, and the republic of moldova, of the other part (1) (the agreement) entered into force on 1 july 2016. (2) in accordance with article 269(5) of the agreement the value thresholds for public procurement contracts provided for in annex xxix-a are to be revised regularly every two years, beginning in the year of entry into force of the agreement and such revision is to be adopted by decision of the association committee in trade configuration, as set out in article 438(4) of the agreement. (3) in accordance with article 273 of the agreement the republic of moldova is to ensure that its public procurement legislation is gradually made compatible with the relevant union acquis, in line with the schedule provided in annex xxix to the agreement. (4) several union acts listed in annex xxix to the agreement have been amended, recast or repealed and replaced by new union acts since the initialling of the agreement on 29 november 2013. in particular, the union adopted and notified to the republic of moldova the following acts: (a) directive 2014/23/eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts (2); (b) directive 2014/24/eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004/18/ec (3); (c) directive 2014/25/eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing directive 2004/17/ec (4). (5) the above-mentioned new directives amended the value thresholds for public procurement contracts provided for in annex xxix-a. (6) it is therefore necessary to update annex xxix to the agreement in order to reflect the changes made to the union acquis listed in that annex, in accordance with article 269, article 273 and article 436 of the agreement. (7) the new union acquis on public procurement has a new structure. it is appropriate to reflect this new structure in annex xxix. in the interest of clarity, annex xxix should be updated in its entirety and replaced by the text set out in the annex to this decision. it is furthermore appropriate to take into account the progress made by the republic of moldova in the process of approximation to the union acquis. (8) in accordance with article 436(3) of the agreement the eu-republic of moldova association council shall have the power to update or amend the annexes to the agreement. the association council empowered the association committee in trade configuration by decision no 3/2014 of 16 december 2014 to update or amend certain trade-related annexes, has adopted this decision: article 1 annex xxix to the association agreement between the european union and the european atomic energy community and their member states of the one part, and the republic of moldova, of the other part, is replaced by the by the text appearing in the annex to this decision. article 2 this decision shall enter into force on the day of its adoption. done at , for the association committee in trade configuration the chair (1) oj eu l 260, 30.8.2014, p. 4. (2) oj eu l 94, 28.3.2014, p. 1. (3) oj eu l 94, 28.3.2014, p. 65. (4) oj eu l 94, 28.3.2014, p. 243. annex annex xxix to the agreement is replaced by the following: annex xxix public procurement annex xxix-a thresholds 1. the value thresholds referred to in article 269(3) of this agreement shall be for both parties: (a) eur 134 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities; (b) eur 207 000 in the case of public supply and public service contracts not covered by point (a); (c) eur 5 186 000 in the case of public works contracts; (d) eur 5 186 000 in the case of works contracts in the utilities sector; (e) eur 5 186 000 in the case of concessions; (f) eur 414 000 in the case of supply and service contracts in the utilities sector; (g) eur 750 000 for public service contracts for social and other specific services; (h) eur 1 000 000 for service contracts for social and other specific services in the utilities sector. 2. the value thresholds referred to in paragraph 1 shall be adapted to reflect the thresholds applicable under directives 2014/23/eu, 2014/24/eu and 2014/25/eu at the moment of the entry into force of this agreement. annex xxix-b indicative time schedule for institutional reform, approximation and market access phase indicative time schedule market access granted to the eu by the republic of moldova market access granted to the republic of moldova by the eu 1 implementation of articles 270(2) and 271 of this agreement agreement of the reform strategy set out in article 272 of this agreement 9 months after the entry into force of this agreement supplies for central government authorities supplies for central government authorities 2 approximation and implementation of basic elements of directive 2014/24/eu and of directive 89/665/eec 5 years after the entry into force of this agreement supplies for state, regional and local authorities and bodies governed by public law supplies for state, regional and local authorities and bodies governed by public law annexes xxix-c and xxix-n approximation and implementation of basic elements of directive 2014/25/eu and of directive 92/13/eec 5 years after the entry into force of this agreement supplies for all contracting entities in the utilities sector supplies for all contracting entities annexes xxix-g and xxix-q approximation and implementation of other elements of directive 2014/24/eu 5 years after the entry into force of this agreement service and works contracts for all contracting authorities service and works contracts for all contracting authorities annexes xxix-d, xxix-e, and xxix-o 3 approximation and implementation of directive 2014/23/eu 6 years after the entry into force of this agreement concessions for all contracting authorities concessions for all contracting authorities annexes xxix-k and xxix-l 4 approximation and implementation of other elements of directive 2014/25/eu 8 years after the entry into force of this agreement service and works contracts for all contracting entities in the utilities sector service and works contracts for all contracting entities in the utilities sector annexes xxix-h, xxix-i and xxix-r annex xxix-c basic elements of directive 2014/24/eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004/18/ec (phase 2) title i scope, definitions and general principles chapter i scope and definitions section 1 subject-matter and definitions article 1 subject-matter and scope: paragraphs 1, 2, 5 and 6 article 2 definitions: points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24) of paragraph 1 article 3 mixed procurement section 2 thresholds article 4 threshold amounts article 5 methods for calculating the estimated value of procurement section 3 exclusions article 7 contracts in the water, energy, transport and postal services sectors article 8 specific exclusions in the field of electronic communications article 9 public contracts awarded and design contests organised pursuant to international rules article 10 specific exclusions for service contracts article 11 service contracts awarded on the basis of an exclusive right article 12 public contracts between entities within the public sector section 4 specific situations subsection 1 subsidised contracts and research and development services article 13 contracts subsidised by contracting authorities article 14 research and development services subsection 2 procurement involving defence and security aspects article 15 defence and security article 16 mixed procurement involving defence or security aspects article 17 public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules chapter ii general rules article 18 principles of procurement article 19 economic operators article 21 confidentiality article 22 rules applicable to communication: paragraphs 2-6 article 23 nomenclatures article 24 conflicts of interest title ii rules on public contracts chapter i procedures article 26 choice of procedures: paragraphs 1, 2, point (a) of paragraph 4, paragraphs 5 and 6 article 27 open procedure article 28 restricted procedure article 29 competitive procedure with negotiation article 32 use of the negotiated procedure without prior publication chapter iii conduct of the procedure section 1 preparation article 40 preliminary market consultations article 41 prior involvement of candidates or tenderers article 42 technical specifications article 43 labels article 44 test reports, certification and other means of proof: paragraphs 1 and 2 article 45 variants article 46 division of contracts into lots article 47 setting time limits section 2 publication and transparency article 48 prior information notices article 49 contract notices article 50 contract award notices: paragraphs 1 and 4 article 51 form and manner of publication of notices: first subparagraph of paragraph 1 and first subparagraph of paragraph 5 article 53 electronic availability of procurement documents article 54 invitations to candidates section 3 choice of participants and award of contracts article 56 general principles subsection 1 criteria for qualitative selection article 57 exclusion grounds article 58 selection criteria article 59 european single procurement document: paragraph 1 mutatis mutandis and paragraph 4 article 60 means of proof article 62 quality assurance standards and environmental management standards: paragraphs 1 and 2 article 63 reliance on the capacities of other entities subsection 2 reduction of numbers of candidates, tenders and solutions article 65 reduction of the number of otherwise qualified candidates to be invited to participate article 66 reduction of the number of tenders and solutions subsection 3 award of the contract article 67 contract award criteria article 68 life-cycle costing: paragraphs 1 and 2 article 69 abnormally low tenders: paragraphs 1-4 chapter iv contract performance article 70 conditions for performance of contracts article 71 subcontracting article 72 modification of contracts during their term article 73 termination of contracts title iii particular procurement regimes chapter i social and other specific services article 74 award of contracts for social and other specific services article 75 publication of notices article 76 principles of awarding contracts annexes annex ii list of the activities referred to in point (6)(a) of article 2(1) annex iii list of products referred to in article 4(b) with regard to contracts awarded contracting authorities in the field of defence annex iv requirements relating to tools and devices for the electronic receipt of tenders, requests for participation as well as plans and projects in design contests annex v information to be included in notices part a information to be included in notices of the publication of a prior information notice on a buyer profile part b information to be included in prior information notices (as referred to in article 48) part c information to be included in contract notices (as referred to in article 49) part d information to be included in contract award notices (as referred to in article 50) part g information to be included in notices of modifications of a contract during its term (as referred to in article 72(1)) part h information to be included in contract notices concerning contracts for social and other specific services (as referred to in article 75(1)) part i information to be included in prior information notices for social and other specific services (as referred to in article 75(1)) part j information to be included in contract award notices concerning contracts for social and other specific services (as referred to in article 75(2)) annex vii definition of certain technical specifications annex ix contents of the invitations to submit a tender, to participate in the dialogue or to confirm interest provided for under article 54 annex x list of international social and environmental conventions referred to in article 18(2) annex xii means of proof of selection criteria annex xiv services referred to in article 74 annex xxix-d other mandatory elements of directive 2014/24/eu (phase 2) title i scope, definitions and general principles chapter i scope and definitions section 1 subject-matter and definitions article 2 definitions: point (21) of paragraph 1 article 22 rules applicable to communication: paragraph 1 title ii rules on public contracts chapter i procedures article 26 choice of procedures: paragraph 3 and point (b) of paragraph 4 article 30 competitive dialogue article 31 innovation partnership chapter ii techniques and instruments for electronic and aggregated procurement article 33 framework agreements article 34 dynamic purchasing systems article 35 electronic auctions article 36 electronic catalogues article 38 occasional joint procurement chapter iii conduct of the procedure section 2 publication and transparency article 50 contract award notices: paragraphs 2 and 3 title iii particular procurement regimes chapter ii rules governing design contests article 78 scope article 79 notices article 80 rules on the organisation of design contests and the selection of participants article 81 composition of the jury article 82 decisions of the jury annexes annex v information to be included in notices part e information to be included in design contest notices (as referred to in article 79(1)) part f information to be included in notices of the results of a contest (as referred to in article 79(2)) annex vi information to be included in the procurement documents relating to electronic auctions (article 35(4)) annex xxix-e other non-mandatory elements of directive 2014/24/eu (phase 2) the elements of directive 2014/24/eu set out in this annex are not mandatory but recommended for approximation. the republic of moldova may approximate those elements within the time-frame set in annex xxix-b. title i scope, definitions and general principles chapter i scope and definitions section 1 subject-matter and definitions article 2 definitions: points (14) and (16) of paragraph 1 article 20 reserved contracts chapter ii techniques and instruments for electronic and aggregated procurement article 37 centralised purchasing activities and central purchasing bodies chapter iii conduct of the procedure section 3 choice of participants and award of contracts article 64 official lists of approved economic operators and certification by bodies established under public or private law title iii particular procurement regimes chapter i social and other specific services article 77 reserved contracts for certain services annex xxix-f provisions of directive 2014/24/eu outside the scope of approximation the elements listed in this annex are not subject to the process of approximation. title i scope, definitions and general principles chapter i scope and definitions section 1 subject-matter and definitions article 1 subject-matter and scope: paragraphs 3 and 4 article 2 definitions: paragraph 2 section 2 thresholds article 6 revision of the thresholds and of the list of central government authorities title ii rules on public contracts chapter i procedures article 25 conditions relating to the gpa and other international agreements chapter ii techniques and instruments for electronic and aggregated procurement article 39 procurement involving contracting authorities from different member states chapter iii conduct of the procedure section 1 preparation article 44 test reports, certification and other means of proof: paragraph 3 section 2 publication and transparency article 51 form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4, second subparagraph of paragraph 5, paragraph 6 article 52 publication at national level section 3 choice of participants and award of contracts article 61 online repository of certificates (e-certis) article 62 quality assurance standards and environmental management standards: paragraph 3 article 68 life-cycle costing: paragraph 3 article 69 abnormally low tender: paragraph 5 title iv governance article 83 enforcement article 84 individual reports on procedures for the award of contracts article 85 national reporting and statistical information article 86 administrative cooperation title v delegated powers, implementing powers and final provisions article 87 exercise of the delegation article 88 urgency procedure article 89 committee procedure article 90 transposition and transitional provisions article 91 repeals article 92 review article 93 entry into force article 94 addressees annexes annex i central government authorities annex viii features concerning publication annex xi registers annex xiii list of union legal acts referred to in article 68(3) annex xv correlation table annex xxix-g basic elements of directive 2014/25/eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing directive 2004/17/ec (phase 2) title i scope, definitions and general principles chapter i subject-matter and definitions article 1 subject-matter and scope: paragraphs 1, 2, 5 and 6 article 2 definitions: points (1)-(9), (13)-(16) and (18)-(20) article 3 contracting authorities: paragraphs 1 and 4 article 4 contracting entities: paragraphs 1-3 article 5 mixed procurement covering the same activity article 6 procurement covering several activities chapter ii activities article 7 common provisions article 8 gas and heat article 9 electricity article 10 water article 11 transport services article 12 ports and airports article 13 postal services article 14 extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels chapter iii material scope section 1 thresholds article 15 threshold amounts article 16 methods for calculating the estimated value of procurement: paragraphs 1-4 and 7-14 section 2 excluded contracts and design contests: special provisions for procurement involving defence and security aspects subsection 1 exclusions applicable to all contracting entities and special exclusions for the water and energy sector article 18 contracts awarded for purposes of resale or lease to third parties: paragraph 1 article 20 contracts awarded and design contests organised pursuant to international rules article 21 specific exclusions for service contracts article 22 service contracts awarded on the basis of an exclusive right article 23 contracts awarded by certain contracting authorities for the purchase of water and for the supply of energy or of fuels for the production of energy subsection 2 procurement involving defence and security aspects article 24 defence and security article 25 mixed procurement covering the same activity and involving defence or security aspects article 26 procurement covering several activities and involving defence or security aspects article 27 contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules subsection 3 special relations (cooperation, affiliated undertakings and joint ventures) article 28 contracts between contracting authorities article 29 contracts awarded to an affiliated undertaking article 30 contracts awarded to a joint venture or to a contracting entity forming part of a joint venture subsection 4 specific situations article 32 research and development services chapter iv general principles article 36 principles of procurement article 37 economic operators article 39 confidentiality article 40 rules applicable to communication article 41 nomenclatures article 42 conflicts of interest title ii rules applicable to contracts chapter i procedures article 44 choice of procedures: paragraphs 1, 2 and 4 article 45 open procedure article 46 restricted procedure article 47 negotiated procedure with prior call for competition article 50 use of the negotiated procedure without prior call for competition: points (a) (i) chapter iii conduct of the procedure section 1 preparation article 58 preliminary market consultations article 59 prior involvement of candidates or tenderers article 60 technical specifications article 61 labels article 62 test reports, certification and other means of proof article 63 communication of technical specifications article 64 variants article 65 division of contracts into lots article 66 setting time limits section 2 publication and transparency article 67 periodic indicative notices article 68 notices on the existence of a qualification system article 69 contract notices article 70 contract award notices: paragraphs 1, 3 and 4 article 71 form and manner of publication of notices: paragraph 1 and first subparagraph of paragraph 5 article 73 electronic availability of procurement documents article 74 invitations to candidates article 75 informing applicants for qualification, candidates and tenderers section 3 choice of participants and award of contract article 76 general principles subsection 1 qualification and qualitative selection article 78 criteria for qualitative selection article 79 reliance on the capacities of other entities: paragraph 2 article 80 use of exclusion grounds and selection criteria provided for under directive 2014/24/eu article 81 quality assurance standards and environmental management standards: paragraphs 1 and 2 subsection 2 award of the contract article 82 contract award criteria article 83 life-cycle costing: paragraphs 1 and 2 article 84 abnormally low tenders: paragraphs 1-4 chapter iv contract performance article 87 conditions for performance of contracts article 88 subcontracting article 89 modification of contracts during their term article 90 termination of contracts title iii particular procurement regimes chapter i social and other specific services article 91 award of contracts for social and other specific services article 92 publication of notices article 93 principles of awarding contracts annexes annex i list of activities as set out in point (a) of point 2 of article 2 annex v requirements relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests annex vi part a information to be included in the periodic indicative notice (as referred to in article 67) annex vi part b information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in article 67(1)) annex viii definition of certain technical specifications annex ix features concerning publication annex x information to be included in the notice on the existence of a qualification system (as referred to in point (b) of article 44(4) and in article 68) annex xi information to be included in contract notices (as referred to in article 69) annex xii information to be included in the contract award notice (as referred to in article 70) annex xiii contents of the invitation to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under article 74 annex xiv list of international social and environmental conventions referred to in article 36(2) annex xvi information to be included in notices of modifications of a contract during its term (as referred to in article 89(1)) annex xvii services referred to in article 91 annex xviii information to be included in notices concerning contracts for social and other specific services (as referred to in article 92) annex xxix-h other mandatory elements of directive 2014/25/eu (phase 4) title i scope, definitions and general principles chapter i subject-matter and definitions article 2 definitions: point (17) chapter iii material scope section 1 thresholds article 16 methods for calculating the estimated value of procurement: paragraphs 5 and 6 title ii rules applicable to contracts chapter i procedures article 44 choice of procedures: paragraph 3 article 48 competitive dialogue article 49 innovation partnership article 50 use of the negotiated procedure without prior call for competition: point (j) chapter ii techniques and instruments for electronic and aggregated procurement article 51 framework agreements article 52 dynamic purchasing systems article 53 electronic auctions article 54 electronic catalogues article 56 occasional joint procurement chapter iii conduct of the procedure section 2 publication and transparency article 70 contract award notices: paragraph 2 section 3 choice of participants and award of contracts subsection 1 qualification and qualitative selection article 77 qualification systems article 79 reliance on the capacities of other entities: paragraph 1 title iii particular procurement regimes chapter ii rules governing design contests article 95 scope article 96 notices article 97 rules on the organisation of design contests, the selection of participants and the jury article 98 decision of the jury annexes annex vii information to be included in the procurement documents relating to electronic auctions (article 53(4)) annex xix information to be included in the design contest notice (as referred to in article 96(1)) annex xx information to be included in the results of design contest notices (as referred to in article 96(1)) annex xxix-i other non-mandatory elements of directive 2014/25/eu (phase 4) the elements of directive 2014/25/eu set out in this annex are not mandatory but recommended for approximation. the republic of moldova may approximate those elements within the time-frame set in annex xxix-b. title i scope, definitions and general principles chapter i subject-matter and definitions article 2 definitions: points (10)-(12) chapter iv general principles article 38 reserved contracts title ii rules applicable to contracts chapter i procedures article 55 centralised purchasing activities and central purchasing bodies title iii particular procurement regimes chapter i social and other specific services article 94 reserved contracts for certain services annex xxix-j provisions of directive 2014/25/eu outside the scope of approximation the elements listed in this annex are not subject to the process of approximation. title i scope, definitions and general principles chapter i subject-matter and definitions article 1 subject matter and scope: paragraphs 3 and 4 article 3 contracting authorities: paragraphs 2 and 3 article 4 contracting entities: paragraph 4 chapter iii material scope section 1 thresholds article 17 revision of the thresholds section 2 excluded contracts and design contests: special provisions for procurement involving defence and security aspects subsection 1 exclusions applicable to all contracting entities and special exclusions for the water and energy sector article 18 contracts awarded for purposes of resale or lease to third parties: paragraph 2 article 19 contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2 subsection 3 special relations (cooperation, affiliated undertakings and joint ventures) article 31 notification of information subsection 4 specific situations article 33 contracts subject to special arrangements subsection 5 activities directly exposed to competition and procedural provisions relating thereto article 34 activities directly exposed to competition article 35 procedure for establishing whether article 34 is applicable title ii rules applicable to contracts chapter i procedures article 43 conditions relating to the gpa and other international agreements chapter ii techniques and instruments for electronic and aggregated procurement article 57 procurement involving contracting entities from different member states chapter iii conduct of the procedure section 2 publication and transparency article 71 form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6 article 72 publication at national level section 3 choice of participants and award of contract article 81 quality assurance standards and environmental management standards: paragraph 3 article 83 life-cycle costing: paragraph 3 section 4 tenders comprising products originating in third countries and relations with those countries article 85 tenders comprising products originating in third countries article 86 relations with third countries as regards works, supplies and service contracts title iv governance article 99 enforcement article 100 individual reports on procedures for the award of contracts article 101 national reporting and statistical information article 102 administrative cooperation title v delegated powers, implementing powers and final provisions article 103 exercise of the delegation article 104 urgency procedure article 105 committee procedure article 106 transposition and transitional provisions article 107 repeal article 108 review article 109 entry into force article 110 addressees annexes annex ii list of union legal acts referred to in article 4(3) annex iii list of union legal acts referred to in article 34(3) annex iv deadlines for the adoption of the implementing acts referred to in article 35 annex xv list of union legal acts referred to in article 83(3) annex xxix-k basic elements of directive 2014/23/eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts (phase 3) title i subject-matter, scope, principles and definitions chapter i scope, general principles and definitions section i subject-matter, scope, general principles, definitions and threshold article 1 subject-matter and scope: paragraphs 1, 2 and 4 article 2 principle of free administration by public authorities article 3 principle of equal treatment, non-discrimination and transparency article 4 freedom to define services of general economic interest article 5 definitions article 6 contracting authorities: paragraphs 1 and 4 article 7 contracting entities article 8 threshold and methods for calculating the estimated value of concessions section ii exclusions article 10 exclusions applicable to concessions awarded by contracting authorities and contracting entities article 11 specific exclusions in the field of electronic communications article 12 specific exclusions in the field of water article 13 concessions awarded to an affiliated undertaking article 14 concessions awarded to a joint venture or to a contracting entity forming part of a joint venture article 17 concessions between entities within the public sector section iii general provisions article 18 duration of the concession article 19 social and other specific services article 20 mixed contracts article 21 mixed procurement contracts involving defence or security aspects article 22 contracts covering both activities referred to in annex ii and other activities article 23 concessions covering both activities referred to in annex ii and activities involving defence or security aspects article 25 research and development services chapter ii principles article 26 economic operators article 27 nomenclatures article 28 confidentiality article 29 rules applicable to communication title ii rules on the award of concessions: general principles and procedural guarantees chapter i general principles article 30 general principles: paragraphs 1, 2 and 3 article 31 concession notices article 32 concession award notices article 33 form and manner of publication of notices: first subparagraph of paragraph 1 article 34 electronic availability of concession documents article 35 combating corruption and preventing conflicts of interest chapter ii procedural guarantees article 36 technical and functional requirements article 37 procedural guarantees article 38 selection of and qualitative assessment of candidates article 39 time limits for receipt of applications and tenders for the concession article 40 provision of information to candidates and tenderers article 41 award criteria title iii rules on performance of concessions article 42 subcontracting article 43 modification of contracts during their term article 44 termination of concessions article 45 monitoring and reporting annexes annex i list of the activities referred to in point (7) of article 5 annex ii activities exercised by contracting entities as referred to in article 7 annex iii list of legal acts of the union referred to in point (b) of article 7(2) annex iv services referred to in article 19 annex v information to be included in concession notices referred to in article 31 annex vi information to be included in prior information notices concerning concessions for social and other specific services, as referred to in article 31(3) annex vii information to be included in concession award notices, as referred to in article 32 annex viii information to be included in concession award notices concerning concessions for social and other specific services, as referred to in article 32 annex ix features concerning publication annex x list of international social and environmental conventions referred to in article 30(3) annex xi information to be included in notices of modifications of a concession during its term according to article 43 annex xxix-l other non-mandatory elements of directive 2014/23/eu (phase 3) the elements of directive 2014/23/eu set out in this annex are not mandatory but recommended for approximation. the republic of moldova may approximate those elements within the time-frame set in annex xxix-b. title i subject-matter, scope, principles and definitions chapter i scope, general principles and definitions section iv specific situations article 24 reserved concessions annex xxix-m provisions of directive 2014/23/eu outside the scope of approximation the elements listed in this annex are not subject to the process of approximation. title i subject-matter, scope, principles and definitions chapter i scope, general principles and definitions section i subject-matter, scope, general principles, definitions and threshold article 1 subject-matter and scope: paragraph 3 article 6 contracting authorities: paragraphs 2 and 3 article 9 revision of the threshold section ii exclusions article 15 notification of information by contracting entities article 16 exclusion of activities which are directly exposed to competition title ii rules on the award of concessions: general principles and procedural guarantees chapter i general principles article 30 general principles: paragraph 4 article 33 form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4 title iv amendments to directive 89/665/eec and 92/13/eec article 46 amendments to directive 89/665/eec article 47 amendments to directive 92/13/eec title v delegated powers, implementing powers and final provisions article 48 exercise of the delegation article 49 urgency procedure article 50 committee procedure article 51 transposition article 52 transitional provisions article 53 monitoring and reporting article 54 entry into force article 55 addressees annex xxix-n basic elements of council directive 89/665/eec of 21 december 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts as amended by directive 2007/66/ec of the european parliament and of the council of 11 december 2007 amending council directives 89/665/eec and no 92/13/eec with regard to improving the effectiveness of review procedures concerning the award of public contracts and by directive 2014/23/eu (phase 2) article 1 scope and availability of review procedures article 2 requirements for review procedures article 2a standstill period article 2b derogations from the standstill period: point (b) of the first paragraph article 2c time limits for applying for review article 2d ineffectiveness: point (b) of paragraph 1, paragraphs 2 and 3 article 2e infringements of this directive and alternative penalties article 2f time limits annex xxix-o other elements of directive 89/665/eec (phase 2) article 2b derogations from the standstill period: point (c) of the first paragraph article 2d ineffectiveness: point (c) of the first paragraph, paragraph 5 annex xxix-p provisions of directive 89/665/eec outside the scope of approximation the elements listed in this annex are not subject to the process of approximation. article 2b derogations from the standstill period: point (a) of the first paragraph article 2d ineffectiveness: point (a) of the first paragraph, paragraph 4 article 3 corrective mechanism article 3a content of the notice for voluntary ex ante transparency article 3b committee procedure article 4 implementation article 4a review annex xxix-q basic elements of council directive 92/13/eec of 25 february 1992 coordinating the laws, regulations and administrative provisions relating to the application of community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors as amended by directive 2007/66/ec and directive 2014/23/eu (phase 2) article 1 scope and availability of review procedures article 2 requirements for review procedures article 2a standstill period article 2b derogations from the standstill period: point (b) of the first paragraph article 2c time limits for applying for review article 2d ineffectiveness: point (b) of paragraph 1, paragraphs 2 and 3 article 2e infringements of this directive and alternative penalties article 2f time limits annex xxix-r other elements of directive 92/13/eec (phase 4) article 2b derogations from the standstill period: point (c) of the first paragraph, paragraph 5 annex xxix-s provisions of directive 92/13/eec outside the scope of approximation the elements listed in this annex are not subject to the process of approximation. article 2b derogations from the standstill period: point (a) of the first paragraph article 2d ineffectiveness: point (a) of the first paragraph, paragraph 4 article 3a content of the notice for voluntary ex ante transparency article 3b committee procedure article 8 corrective mechanism article 12 implementation article 12a review annex xxix-t the republic of moldova: indicative list of issues for cooperation 1. training, in the union and the republic of moldova, of officials of the republic of moldova from government bodies engaged in public procurement. 2. training of suppliers interested in participating in public procurement. 3. exchange of information and experience on best practice and regulatory rules in the field of public procurement. 4. enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring. 5. consultations and methodological assistance from the union in application of modern electronic technologies in the field of public procurement. 6. strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions (see article 270 of this agreement).

name: council decision (eu) 2016/1850 of 21 november 2008 on the signature and provisional application of the stepping stone economic partnership agreement between ghana, of the one part, and the european community and its member states, of the other part type: decision subject matter: cooperation policy; international affairs; european construction; africa date published: 2016-10-21 21.10.2016 en official journal of the european union l 287/1 council decision (eu) 2016/1850 of 21 november 2008 on the signature and provisional application of the stepping stone economic partnership agreement between ghana, of the one part, and the european community and its member states, of the other part the council of the european union, having regard to the treaty establishing the european community, and in particular articles 133 and 181 in conjunction with the first sentence of the first subparagraph of article 300(2) thereof, having regard to the proposal from the commission, whereas: (1) on 12 june 2002 the council authorised the commission to open negotiations of economic partnership agreements with acp countries. (2) negotiations of a stepping stone economic partnership agreement (hereinafter referred to as the stepping stone epa) have been concluded with ghana and the stepping stone epa was initialled on 13 december 2007. (3) article 75 of the stepping stone epa provides for its provisional application pending its entry into force. (4) the stepping stone epa should be signed on behalf of the community and applied, as concerns elements falling within the competence of the community, on a provisional basis subject to its conclusion at a later date, has decided as follows: article 1 the signing of the stepping stone economic partnership agreement between ghana, of the one part, and the european community and its member states, of the other part, is hereby approved on behalf of the community, subject to the council decision concerning the conclusion of the said agreement. the text of the stepping stone epa is attached to this decision. article 2 for the purposes of article 73(2) of the stepping stone epa, the epa committee shall be composed, on the one hand, of the members of the council and of representatives of the commission and, on the other hand, of representatives of the government of ghana. the commission shall propose to the council, for its decision, the position of the european community with a view to the negotiation of the epa committee's rules of procedure. article 3 the president of the council is hereby authorised to designate the person(s) empowered to sign the stepping stone epa on behalf of the european community subject to its conclusion. article 4 as concerns elements falling within the competence of the community, the stepping stone epa shall be applied on a provisional basis as provided for in article 75 thereof, pending completion of the procedure for its conclusion. the commission shall publish a notice providing information on the date of provisional application. done in brussels, 21 november 2008. for the council the president e. woerth

name: council decision (eu) 2016/1841 of 5 october 2016 on the conclusion, on behalf of the european union, of the paris agreement adopted under the united nations framework convention on climate change type: decision subject matter: international affairs; cooperation policy; deterioration of the environment; environmental policy date published: 2016-10-19 19.10.2016 en official journal of the european union l 282/1 council decision (eu) 2016/1841 of 5 october 2016 on the conclusion, on behalf of the european union, of the paris agreement adopted under the united nations framework convention on climate change the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 192(1), in conjunction with article 218(6)(a) thereof, having regard to the proposal from the european commission, having regard to the consent of the european parliament (1), whereas: (1) at the 21st conference of the parties to the united nations framework convention on climate change (unfccc), which took place in paris from 30 november to 12 december 2015, the text of an agreement was adopted, concerning the strengthening of the global response to climate change. (2) the paris agreement was signed on 22 april 2016 in accordance with council decision (eu) 2016/590 (2). (3) the paris agreement will enter into force on the 30th day after the date on which at least 55 parties to the unfccc accounting in total for at least an estimated 55 % of total greenhouse gas emissions, have deposited their instruments of ratification, acceptance, approval or accession. parties to the unfccc include the union and its member states. in its conclusions of 18 march 2016, the european council underlined the need for the union and its member states to conclude the paris agreement as soon as possible and on time in order to be parties as of its entry into force. (4) the paris agreement replaces the approach taken under the 1997 kyoto protocol. (5) the paris agreement, inter alia, sets out a long-term goal in line with the objective to keep the global temperature increase well below 2 c above pre-industrial levels and to pursue efforts to keep it to 1,5 c above pre-industrial levels. in order to achieve this goal, the parties will prepare, communicate and maintain successive nationally determined contributions. (6) under the paris agreement, as of 2023, the parties are to undertake a global stocktake every five years, based on the latest science and implementation to date, which will track progress and consider emission reductions, adaptation and support provided, and each party's successive contribution is to represent a progression beyond its then current contribution and reflect its highest ambition. (7) a binding target of at least a 40 % domestic reduction in economy-wide greenhouse gas emissions by 2030 compared to 1990 was endorsed in the conclusions of the european council of 23 and 24 october 2014 on the 2030 climate and energy policy framework. on 6 march 2015, the council adopted this contribution of the union and its member states as their intended nationally determined contribution, which was submitted to the secretariat of the unfccc. (8) in its communication accompanying the proposal for the union to sign the paris agreement the commission emphasised that the global clean energy transition requires changes in investment behaviour and incentives across the entire policy spectrum. it is a key union priority to establish a resilient energy union to provide secure, sustainable, competitive and affordable energy to its citizens. achieving this requires continuation of ambitious climate action and progress on other aspects of the energy union. (9) the council confirmed in its conclusions of 18 september 2015 that the union and its member states intend to act jointly under the paris agreement and welcomed the intention of norway and iceland to participate in this joint action. (10) the joint action by the union and its member states will be agreed in due course and will cover the respective emission level allocated to the union and its member states. (11) article 4, paragraph 16, of the paris agreement requires the secretariat to be notified of the joint action, including the emission level allocated to each party within the relevant time period. (12) the paris agreement is in conformity with the environmental objectives of the union as referred to in article 191 of the treaty, namely preserving, protecting and improving the quality of the environment; protecting human health; and promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. (13) the paris agreement and the declaration of competence should be approved on behalf of the union, has adopted this decision: article 1 the paris agreement adopted on 12 december 2015 under the united nations framework convention on climate change is hereby approved on behalf of the union. the text of the paris agreement is attached to this decision. the declaration of competence attached to this decision is also approved on behalf of the union. article 2 the president of the council shall designate the person(s) empowered to deposit, on behalf of the union, the instrument of ratification with the secretary-general of the united nations, in accordance with article 20, paragraph 1, of the paris agreement, together with the declaration of competence. article 3 1. member states shall endeavour to take the necessary steps with a view to depositing instruments of ratification simultaneously with the union or as soon as possible thereafter. 2. member states shall inform the commission of their decisions on ratification of the paris agreement or, according to the circumstances, of the probable date of completion of the necessary procedures. article 4 this decision shall enter into force on the date following that of its adoption. done at brussels, 5 october 2016. for the council the president m. laj k (1) consent of 4 october 2016 (not yet published in the official journal). (2) council decision (eu) 2016/590 of 11 april 2016 on the signing, on behalf of the european union, of the paris agreement adopted under the united nations framework convention on climate change (oj l 103, 19.4.2016, p. 1).

name: council decision (eu) 2016/1830 of 11 october 2016 on the conclusion, on behalf of the european union, of the amending protocol to the agreement between the european community and the principality of monaco providing for measures equivalent to those laid down in council directive 2003/48/ec type: decision subject matter: european construction; international affairs; taxation; financial institutions and credit; europe; information and information processing date published: 2016-10-18 18.10.2016 en official journal of the european union l 280/1 council decision (eu) 2016/1830 of 11 october 2016 on the conclusion, on behalf of the european union, of the amending protocol to the agreement between the european community and the principality of monaco providing for measures equivalent to those laid down in council directive 2003/48/ec 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) thereof, having regard to the proposal from the european commission, having regard to the opinion of the european parliament (1), whereas: (1) in accordance with council decision (eu) 2016/1392 (2), the amending protocol to the agreement between the european community and the principality of monaco providing for measures equivalent to those laid down in council directive 2003/48/ec (the amending protocol) was signed on 12 july 2016, subject to its conclusion at a later date. (2) the text of the amending protocol which is the result of the negotiations, duly reflects the negotiating directives issued by the council as it aligns the agreement between the european community and the principality of monaco providing for measures equivalent to those laid down in council directive 2003/48/ec (3) (the agreement) with the latest developments at international level concerning 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, the member states and the principality of monaco have actively participated in the work of the global forum of the oecd to support the development and implementation of that global standard. the text of the agreement, as amended by the amending protocol, is the legal basis for implementing the global standard in the relations between the union and the principality of monaco. (3) the european data protection supervisor was consulted in accordance with article 28(2) of regulation (ec) no 45/2001 of the european parliament and of the council (4). (4) 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 monaco providing for measures equivalent to those laid down in council directive 2003/48/ec is hereby approved on behalf of the union (5). article 2 the president of the council shall, on behalf of the union, make the notification provided for in article 2(1) of the amending protocol (6). article 3 this decision shall enter into force on the day of its adoption. done at luxembourg, 11 october 2016. for the council the president p. ka im r (1) opinion of 23 june 2016 (not yet published in the official journal). (2) council decision (eu) 2016/1392 of 12 july 2016 on the signing, on behalf of the european union, and provisional application, of the amending protocol to the agreement between the european community and the principality of monaco providing for measures equivalent to those laid down in council directive 2003/48/ec (oj l 225, 19.8.2016, p. 1). (3) oj l 19, 21.1.2005, p. 55. (4) 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). (5) the text of the amending protocol has been published in oj l 225, 19.8.2016, p. 3 together with the decision regarding its signature and provisional application. (6) 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.

name: council decision (eu) 2016/1836 of 10 october 2016 appointing an alternate member, proposed by the republic of austria, of the committee of the regions type: decision subject matter: europe; eu institutions and european civil service date published: 2016-10-18 18.10.2016 en official journal of the european union l 280/27 council decision (eu) 2016/1836 of 10 october 2016 appointing an alternate member, proposed by the republic of austria, of the committee of the regions the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 305 thereof, having regard to the proposal of the austrian government, whereas: (1) on 26 january 2015, 5 february 2015 and 23 june 2015, the council adopted decisions (eu) 2015/116 (1), (eu) 2015/190 (2) and (eu) 2015/994 (3) appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020. on 13 may 2016, by council decision (eu) 2016/814 (4), ms elisabeth vitouch was replaced by ms muna duzdar as an alternate member. (2) an alternate member's seat on the committee of the regions has become vacant following the end of the term of office of ms muna duzdar, has adopted this decision: article 1 the following is hereby appointed as an alternate member of the committee of the regions for the remainder of the current term of office, which runs until 25 january 2020: mr peter floriansch tz, abgeordneter zum wiener landtag und mitglied des gemeinderats der stadt wien. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 10 october 2016. for the council the president g. mate n (1) council decision (eu) 2015/116 of 26 january 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 20, 27.1.2015, p. 42). (2) council decision (eu) 2015/190 of 5 february 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 31, 7.2.2015, p. 25). (3) council decision (eu) 2015/994 of 23 june 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 159, 25.6.2015, p. 70). (4) council decision (eu) 2016/814 of 13 may 2016 appointing an alternate member, proposed by the republic of austria, of the committee of the regions (oj l 133, 24.5.2016, p. 8).

name: commission implementing decision (eu) 2016/1811 of 11 october 2016 amending annex ii to decision 93/52/eec as regards the recognition of the province of brindisi in the region puglia of italy as officially free of brucellosis (b. melitensis) (notified under document c(2016) 6290) (text with eea relevance) type: decision_impl subject matter: europe; agricultural activity; means of agricultural production; agricultural policy; trade policy; regions of eu member states date published: 2016-10-13 13.10.2016 en official journal of the european union l 276/11 commission implementing decision (eu) 2016/1811 of 11 october 2016 amending annex ii to decision 93/52/eec as regards the recognition of the province of brindisi in the region puglia of italy as officially free of brucellosis (b. melitensis) (notified under document c(2016) 6290) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 91/68/eec of 28 january 1991 on animal health conditions governing intra-community trade in ovine and caprine animals (1), and in particular section ii of chapter 1 of annex a thereto, whereas: (1) directive 91/68/eec defines the animal health conditions governing trade in the union in ovine and caprine animals. it lays down the conditions whereby member states or regions thereof may be recognised as being officially brucellosis-free. (2) annex ii to commission decision 93/52/eec (2) lists the regions of member states which are recognised as officially free of brucellosis (b. melitensis) in accordance with directive 91/68/eec. point 14 of article 2 of directive 91/68/eec defines the term region for italy as a part of that member state which, inter alia, includes at least one province. (3) italy has submitted to the commission documentation demonstrating compliance with the conditions laid down in directive 91/68/eec, in order for the province of brindisi in the region puglia to be recognised as officially free of brucellosis (b. melitensis) following an evaluation of the documentation submitted by italy, the province of brindisi in the region puglia should be recognised as being officially free of brucellosis (b. melitensis). (4) the entry for italy in annex ii to decision 93/52/eec should therefore be amended accordingly. (5) 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 annex ii to decision 93/52/eec is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 11 october 2016. for the commission vytenis andriukaitis member of the commission (1) oj l 46, 19.2.1991, p. 19. (2) commission decision 93/52/eec of 21 december 1992 recording the compliance by certain member states or regions with the requirements relating to brucellosis (b. melitensis) and according them the status of a member state or region officially free of the disease (oj l 13, 21.1.1993, p. 14). annex in annex ii to decision 93/52/eec the entry for italy is replaced by the following: in italy: region abruzzo: province of pescara, province of bolzano, region emilia-romagna, region friuli-venezia giulia, region lazio, region liguria, region lombardia, region marche, region molise, region piemonte, region puglia: province of brindisi, region sardegna, region toscana, province of trento, region umbria, region valle d'aosta, region veneto.

name: commission implementing decision (eu) 2016/1781 of 5 october 2016 amending annex ii to decision 2007/777/ec as regards inserting an entry for saint pierre and miquelon in the list of third countries or parts thereof from which the introduction into the union of meat products and treated stomachs, bladders and intestines is authorised (notified under document c(2016) 6287) (text with eea relevance) type: decision_impl subject matter: international trade; foodstuff; america; tariff policy; trade; animal product; health; agricultural activity; agricultural policy date published: 2016-10-07 7.10.2016 en official journal of the european union l 272/88 commission implementing decision (eu) 2016/1781 of 5 october 2016 amending annex ii to decision 2007/777/ec as regards inserting an entry for saint pierre and miquelon in the list of third countries or parts thereof from which the introduction into the union of meat products and treated stomachs, bladders and intestines is authorised (notified under document c(2016) 6287) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 2002/99/ec of 16 december 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of article 8, the first subparagraph of point 1 of article 8, point (4) of article 8 and article 9(4)(c) thereof, whereas: (1) commission decision 2007/777/ec (2) lays down, inter alia, the conditions for the introduction into the union of consignments of certain meat products and of treated stomachs, bladders and intestines which have undergone one of the treatments laid down in part 4 of annex ii thereto (the commodities), including a list of third countries or parts thereof from which the introduction into the union of the commodities is authorised. (2) part 2 of annex ii to decision 2007/777/ec sets out the list of third countries or parts thereof which are authorised for the introduction into the union of the commodities, provided that they have undergone a relevant treatment referred to in that part of annex ii. those treatments are aimed at eliminating certain animal health risks linked to the specific commodities. part 4 of that annex sets out a non-specific treatment a and specific treatments b to f listed in descending order of severity of the animal health risk linked to the specific commodity. (3) saint pierre and miquelon has requested to be listed in part 2 of annex ii to decision 2007/777/ec as authorised for the introduction of poultry meat products into the union. during the manufacturing process of poultry meat in saint pierre and miquelon, the poultry meat product concerned undergoes heat treatment according to the specific treatment d referred to in part 4 of annex ii to decision 2007/777/ec. (4) saint pierre and miquelon has submitted comprehensive and satisfactorily documentation on the poultry health situation and the disease prevention and control systems in place. (5) it is therefore appropriate to include saint pierre and miquelon in the list of third countries or parts thereof set out in part 2 of annex ii to decision 2007/777/ec indicating treatment d in the column for poultry and farmed feathered game (except ratites). (6) part 2 of annex ii to decision 2007/777/ec should therefore be amended accordingly. (7) 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 annex ii to decision 2007/777/ec is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 5 october 2016. for the commission vytenis andriukaitis member of the commission (1) oj l 18, 23.1.2003, p. 11. (2) commission decision 2007/777/ec of 29 november 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing decision 2005/432/ec (oj l 312, 30.11.2007, p. 49). annex in part 2 of annex ii to decision 2007/777/ec, the following entry for saint pierre and miquelon is inserted between the entry for new zealand and the entry for paraguay: pm saint pierre and miquelon xxx xxx xxx xxx d xxx xxx xxx xxx xxx xxx xxx xxx

name: commission implementing decision (eu) 2016/1770 of 30 september 2016 concerning certain protective measures relating to african swine fever in poland and repealing implementing decisions (eu) 2016/1406 and (eu) 2016/1452 (notified under document c(2016) 6102) (text with eea relevance) type: decision_impl subject matter: regions of eu member states; health; agricultural policy; agricultural activity; europe; means of agricultural production date published: 2016-10-05 5.10.2016 en official journal of the european union l 270/9 commission implementing decision (eu) 2016/1770 of 30 september 2016 concerning certain protective measures relating to african swine fever in poland and repealing implementing decisions (eu) 2016/1406 and (eu) 2016/1452 (notified under document c(2016) 6102) (only the polish 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) african swine fever is an infectious viral disease affecting domestic and feral pig populations and can have a severe impact on the profitability of pig farming causing disturbance to trade within the union and exports to third countries. (2) in the event of an outbreak of african swine fever, there is a risk that the disease agent may spread to other pig holdings and to feral pigs. as a result, it may spread from one member state to another member state and to third countries through trade in live pigs or their products. (3) council directive 2002/60/ec (3) lays down minimum measures to be applied within the union for the control of african swine fever. article 9 of directive 2002/60/ec provides for the establishment of protection and surveillance zones in the event of outbreaks of that disease where the measures laid down in articles 10 and 11 of that directive are to apply. (4) poland has informed the commission of the current african swine fever situation on its territory, and in accordance with article 9 of directive 2002/60/ec, it has established protection and surveillance zones where the measures referred to in articles 10 and 11 of that directive are applied. (5) 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 describe at union level the areas established as protection and surveillance zones for african swine fever in accordance with directive 2002/60/ec in poland in collaboration with that member state. (6) in august 2016, one outbreak occurred in domestic pigs in the powiat moniecki in poland. given that poland provides preliminary evidence that this outbreak is linked to human activity and that there are indications that african swine fever is not circulating in the feral pig population in the areas concerned, specific measures in addition to those laid down by commission implementing decision 2014/709/eu (4) are required, taking into account that this is the 15th outbreak of this disease in pigs this year and that these outbreaks occurred in different areas of poland which were already under restriction. (7) in order to adequately respond to this situation in a precautionary and efficient manner, it is important to lay down specific measures restricting the movement of animals and their products in the areas described in the annex to this decision. these measures are justified because of the typology of outbreaks reported in domestic pigs and their underlying causes. (8) given the relatively large distances between the most recent outbreaks which are provisionally ascribed by poland to the human factor as well as recent epidemiological data and in order to prevent further outbreaks, it is now necessary and proportionate to cover significantly larger regions. (9) the measures laid down in this decision should consist in the application of the measures provided for by directive 2002/60/ec, in particular with respect to the strict limitations of the movement and transport of pigs as provided for by articles 10 and 11 of that directive in areas as described in the annex to this decision. (10) accordingly, the areas identified as protection and surveillance zones in poland should be set out in the annex to this decision and the duration of that regionalisation fixed. (11) commission implementing decisions (eu) 2016/1406 (5) and (eu) 2016/1452 (6) set certain protective measures relating to african swine fever in poland. since their adoption the epidemiological situation of this disease has changed and the measures need to be adapted. for reasons of clarity, implementing decisions (eu) 2016/1406 and (eu) 2016/1452 should therefore be repealed and replaced by this decision. (12) 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 poland shall ensure that the protection and surveillance zones established in accordance with article 9 of directive 2002/60/ec comprise at least the areas listed as the protection and surveillance zones in the annex to this decision. article 2 this decision shall apply until 7 october 2016. article 3 implementing decisions (eu) 2016/1406 and (eu) 2016/1452 are repealed. article 4 this decision is addressed to the republic of poland. done at brussels, 30 september 2016. 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 2002/60/ec of 27 june 2002 laying down specific provisions for the control of african swine fever and amending directive 92/119/eec as regards teschen disease and african swine fever (oj l 192, 20.7.2002, p. 27). (4) commission implementing decision 2014/709/eu of 9 october 2014 concerning animal health control measures relating to african swine fever in certain member states and repealing implementing decision 2014/178/eu (oj l 295, 11.10.2014, p. 63). (5) commission implementing decision (eu) 2016/1406 of 22 august 2016 concerning certain protective measures relating to african swine fever in poland and repealing implementing decision (eu) 2016/1367 (oj l 228, 23.8.2016, p. 46). (6) commission implementing decision (eu) 2016/1452 of 2 september 2016 concerning certain interim protective measures relating to african swine fever in poland (oj l 237, 3.9.2016, p. 12). annex poland areas as referred to in article 1 date until applicable protection zone the borders of this protection zone are as follows: (a) from the east from the northern border of the village of sanie-d b to the south on the road linking the village sanie-d b with the village ko aki ko cielne to the intersection with the river d b, continued along the river d b to the south-east, then along the edge of the forest at the western border of the village tybory-olszewo, then along the road linking the village tybory-olszewo with the village tybory-kamianka, then along the western side of the village tybory-kamianka to the road linking the village tybory-kamianka with the village jab onka ko cielna, then south to the watercourse connecting the pond kamianka with the river jab onka, then along the watercourse to its estuary to the river jab onka, then in a straight line south to the junction of the road no 66 with the road linking the village jab onka ko cielna with the village miodusy-litwa; (b) from the south along the road no 66 in the western direction to the intersection with the river jab onka with the road no 66, then along the southern border of the village of faszcze to the river jablonka, further west along the river jab onka to the border between the village wdziko pierwszy and the village wdziko drugi, and then in a straight line north to the road no 66, then along road no 66 west to the intersection of the watercourse with the road no 66 in a line of the village wdziko pierwszy; (c) from the west to the north along the watercourse to the edge of the forest, continued along the eastern border of the reserve grab wka and then along the eastern border of the forest to the road connecting the village grab wka with the village of wr ble-arciszewo; (d) from the north in a straight line to the east to the river d b below the village of czarnowo d b, then in a straight line to the east along the northern border of the village of sanie-d b to the road linking the village sanie-d b to the village ko aki ko cielne. the borders of this protection zone are as follows: (a) from the north from the village konowa y along the municipal road to the intersection with the road szosa kruszewska, then the road szosa kruszewska along the southern border of the forest to the exit to the village kruszewo; (b) from the west across the village kruszewo along the eastern border of the valley of the river narew in a line of the village waniewo to the border with the powiat wysokomazowiecki; (c) from the south from the border with the powiat wysokomazowiecki along the west bank of the valley of the river narew; (d) from the east from the west bank of the valley of the river narew in a straight line to topilec-kolonia, and then in a straight line to the village konowa y. the borders of this protection zone are as follows: (a) from the north from the intersection of the road no 63 with the road leading to the prison in czerwony b r, on a curve in the direction of the village polki-teklin then above this village to the intersection with the river ga to the eastern border of the fish ponds around the village poryte-jab o ; (b) from the east along the eastern border of the fish ponds around the village poryte-jab o in the direction of the road connecting the village poryte-jab o with the road no 66, along the western border of this village in the direction of the road no 63; (c) from the south from the road no 63 above the village of stare zakrzewo along the road linking this village with the village tabdz, then along the western and northern border of this village; (d) from the west a straight line towards the north to the western border of the village of bacze mokre, then from the western border of the village of bacze mokre in a straight line to the north east reaching to the road leading to the prison in czerwony b r, then along this road to the road no 63. the borders of this protection zone are as follows: (a) from the north from the border of the powiat wysokomazowiecki, along the watercourse brok ma y to the village miodusy-litwa, along its south west side; then from the border of the powiat zambrowski in the direction of the village krajewo bia e, along the southern border of this village, then along the road in the direction of the village stary skar yn; (b) from the west along the western border of the village stary skar yn to the intersection with the watercourse brok ma y, in the south eastern direction below the village zarby-krztki to the borders of the powiat zambrowski; (c) from the south from the borders of the powiat zambrowski along the watercourse running towards the village kaczyn-herbasy; (d) from the east along the road running from the village miodusy-litwa through the village wick-nowiny. the borders of this protection zone are as follows: (a) from the north from the southern side of the village kierzki in the eastern direction to the road no 671 above the northern border of the village czajki; (b) from the east from the road no 671 to the village of jab onowo-k ty, then in a southern direction along the west bank of the river awissa; then to the road id ki rednie kruszewo-brodowo from the western side of the village kruszewo-brodowo; (c) from the south from the road no 671 in a line of the village of id ki-wykno along the road connecting the village soko y with the village jamio ki-godzieby; (d) from the west from the village jamio ki-godzieby along the east bank of the river lina to the village of jamio ki-kowale, then to the north through the village stypu ki-borki to the road kierzki czajki on the eastern side of the village kierzki. the borders of this protection zone are as follows: (a) from the east from the border of the town of bielsk podlaski, adam mickiewicz street, along the eastern outskirts of the town bielsk podlaski; (b) from the south along the southern outskirts of the town bielsk podlaski to the village piliki, including the village piliki, and continued in a straight line to the road no 66; (c) from the west from the road no 66 in the direction of the western outskirts of the village augustowo, including the village augustowo, from the village augustowo in a straight line to the intersection of the railway and the local road no 1575b; (d) from the north from the intersection of the railway and the local road no 1575b along the northern outskirts of the town bielsk podlaski to the border of the town of bielsk podlaski, adam mickiewicz street. the borders of this protection zone are as follows: (a) from the east from the river bug along the border with wojew dztwo lubelskie down to the district road no 2007w; (b) from the south along the district road no 2007w together with the whole village borsuki and the forestry area in the bend of the river bug; (c) from the north and west the river bug. the borders of this protection zone are as follows: (a) from the east along the state border with belarus from the river bug to the line of the forestry area; (b) from the north along the line of the forestry area from the state border to the road connecting villages sutno and niemir w, then along this road to the intersection with the local road directing south; (c) from the west along the local road directing south from the intersection with the road connecting villages sutno and niemir w to the line of the river bug; (d) from the south along the line of the river bug from the end of the local road which begins at the intersection with the road sutno-niemir w up to the state border. the borders of this protection zone are as follows: (a) from the east from the estuary of the river czy wka in a straight line to the river bug in the northern direction; (b) from the north along the river bug to the border with wojew dztwo mazowieckie; (c) from the west from the river bug in the southern direction along the dirt road down to the northern end of the forest las konstantynowski, then down to the road gnojno-konstantyn w and along this road in the southern direction to the southern end of the forest, then along the dirt road in the eastern direction to the village witold w and then to the road konstantyn w-jan w podlaski; (d) from the south along the road konstantyn w-jan w podlaski in the eastern direction to the river czy wka. the borders of this protection zone are as follows: (a) from the east from the village stara bordzi wka along the local road directing north, up to the intersection of the district roads no 1022 and 1025, and then along the road no 1025 to the village nos w; (b) from the north from the village nos w along the district road no 1024 in the western direction to the border with the wojew dztwo mazowieckie; (c) from the west along the border with the wojew dztwo mazowieckie to the local road in a line of the village wygnanki; (d) from the south from the border with the wojew dztwo mazowieckie in a line of the village wygnanki to the local road directing to the west end of the forest, then along the local road at northern border of the forest to the local road directing to the village stara bordzi wka. the borders of this protection zone are as follows: (a) from the east and south from the border with the wojew dztwo lubelskie from the local road connecting the villages makar wka and ce ujki, along the border with the wojew dztwo lubelskie to the district road no 2020w, and then along this road no 2020w to the intersection with the regional road no 698 in the village w lka nosowska, including the whole village of w lka nosowska; (b) from the west from the border with the wojew dztwo lubelskie along the local road connecting the villages ce ujki and makar wka to the village of makar wka, including the whole village of makar wka, then further in the north-western direction along the district road no 2037w to the village huszlew, including the whole village of huszlew, then from the village huszlew along the district road no 2034w to the end of the forest, then in the eastern direction along the northern border of the forest, to the eastern border of the gmina huszlew, then in the northern direction along the western border of the forest up to the regional road no 698; (c) from the north along the regional road no 698 through the village rudka to the village stara kornica, including the villages rudka, stara kornica and nowa kornica, then along the regional road no 698 to the intersection with the district road no 2020w in the village w lka nosowska. the borders of this protection zone are as follows: (a) from the east along the state border: from the road no 640 to the line of the village kolonia klukowicze; (b) from the north from the state border along the road kolonia klukowicze-witoszczyzna, to the road wilanowo-werpol; (c) from the west along the road werpol-wilanowo to the road no 640 in a line of the intersection with the road koterka-tokary; (d) from the south from the village koterka along the road no 640 to the state border. the borders of this protection zone are as follows: (a) from the east from the village w lka nurzecka in a straight line in the direction of the border of the powiat siemiatycki, then along the border of the powiat siemiatycki to the river pulwa; (b) from the south along the northern bank of the river pulwa in the direction of the village litwinowicze, then from the village litwinowicze along the road directing to the village anusin to the source of the river pulwa; (c) from the west from the road litwinowicze-anusin (in a line of the source of the river pulwa) straight in the north-western direction to the village siemichocze, then from the intersection of the roads anusin-siemichocze in the northern direction to the road tymianka-nurzec, crossing the road 1 km from the village nurzec kolonia; (d) form the north from the road tymianka-nurzec in a straight line to the village w lka nurzecka. the borders of this protection zone are as follows: (a) from the east from the village kolonia budy in a straight line to the village sokoli gr d, then in the southern direction to the local road connecting the villages kulesze and wilam wka; (b) from the south along the local road to the village wilam wka, then in a straight line in the western direction, to the village olszowa droga; (c) from the west along the eastern bank of the river biebrza in the northern direction up to the southern border of the complex osowiec twierdza; (d) from the north from the southern border of the complex osowiec twierdza along the road carska droga, then in the south-eastern direction to the village of kolonia budy. 7 october 2016 surveillance zone the area indicated below: in the wojew dztwo podlaskie: the powiat hajnowski, the powiat bia ostocki, the powiat bielski, the powiat grajewski, the powiat om y ski, the powiat m. bia ystok, the powiat m. om a, the powiat moniecki, the powiat wysokomazowiecki, the powiat zambrowski, the powiat siemiatycki. in the wojew dztwo mazowieckie: the gminy of rzeku , troszyn, czerwin and goworowo in the powiat ostro cki, the gminy of korczew, przesmyki, paprotnia, sucho ebry, mordy, siedlce and zbuczyn in the powiat siedlecki, the powiat m. siedlce, the gminy of ceran w, jab onna lacka, sterdy and repki in the powiat soko owski, the powiat osicki, the powiat ostrowski. in the wojew dztwo lubelskie: the powiat bialski. 7 october 2016

name: commission implementing decision (eu) 2016/1765 of 3 october 2016 on the identification of ict technical specifications for referencing in public procurement (text with eea relevance) type: decision_impl subject matter: communications; trade policy; technology and technical regulations date published: 2016-10-04 4.10.2016 en official journal of the european union l 269/20 commission implementing decision (eu) 2016/1765 of 3 october 2016 on the identification of ict technical specifications for referencing in public procurement (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1025/2012 of the european parliament and of the council of 25 october 2012 on european standardisation, amending council directives 89/686/eec and 93/15/eec and directives 94/9/ec, 94/25/ec, 95/16/ec, 97/23/ec, 98/34/ec, 2004/22/ec, 2007/23/ec, 2009/23/ec and 2009/105/ec of the european parliament and of the council and repealing council decision 87/95/eec and decision no 1673/2006/ec of the european parliament and of the council (1) and in particular article 13(1) thereof, after consulting the european multi-stakeholder platform on ict standardisation and sectoral experts whereas: (1) standardisation plays an important role in supporting the europe 2020 strategy, as set out in the communication from the commission entitled europe 2020: a strategy for smart, sustainable and inclusive growth. several flagship initiatives of the europe 2020 strategy underlined the importance of voluntary standardisation in product or services markets to assure the compatibility and interoperability between products and services, foster technological development and support innovation. (2) standards are essential for european competitiveness and crucial for innovation and progress. their relevance is highlighted by the commission in the context of the recent initiatives for the completion of single market (2) and the digital single market (3) where the role of standardisation and interoperability in creating a european digital economy is reinforced with the adoption of the communication on ict standardisation priorities for the digital single market (4) setting out a comprehensive strategic and political approach to standardisation for priority ict technologies that are critical to the completion of the digital single market. (3) in the digital society standardisation deliverables become indispensable to ensure interoperability of networks and systems. the communication from the commission entitled a strategic vision for european standards: moving forward to enhance and accelerate the sustainable growth of the european economy by 2020 (5) recognises the specificity of standardisation in the field of information and communication technologies (ict), where solutions, applications and services are often developed by global ict fora and consortia that have emerged as leading ict standards development organisations. (4) regulation (eu) no 1025/2012 aims at modernising and improving the european standardisation framework. it establishes a system whereby the commission may decide to identify the most relevant and most widely accepted ict technical specifications issued by organisations that are not european, international or national standardisation organisations. the possibility of using the full range of ict technical specifications when procuring hardware, software and information technology services will enable interoperability between devices, services and applications, will help public administrations to avoid lock-in that occurs when the public procurer cannot change a provider after the expiration of the procurement contract because using ict proprietary solutions, and will encourage competition in the supply of interoperable ict solutions. (5) for the ict technical specifications to be eligible for referencing in public procurement they must comply with the requirements set out in annex ii to regulation (eu) no 1025/2012. compliance with those requirements guarantees the public authorities that the ict technical specifications are established in accordance with the principles of openness, fairness, objectivity and non-discrimination that are recognised by the world trade organisation in the field of standardisation. (6) the decision to identify the ict specification is to be adopted after consultation of the european multi-stakeholder platform on ict standardisation set up by commission decision 2011/c-349/04 (6) complemented by other forms of consultation of sectoral experts. (7) the european multi-stakeholder platform on ict standardisation evaluated and gave a positive advice to the identification of the technical specifications world customs organization data model version 3.5 (hereinafter referred as wco data model v 3.5) and of content management interoperability services version 1.0 & version 1.1 (hereinafter referred as cmis v1.0 & v1.1), electronic business xml messaging services version 3.0: part 1, core features and application statement 4 profile of ebms 3.0 version 1.0 (hereinafter referred as ebms3.0-as4), business document metadata service location version 1.0 (hereinafter referred as bdx location) and electronic business core party identification type technical specification version 1.0 (hereinafter referred as ebcorepartyidtype), those developed by oasis, for referencing in public procurement. the evaluation was subsequently submitted to consultation of sectoral experts who confirmed the positive advice to its identification. (8) wco data model version 3.5 technical specification has been developed by the world customs organization (wco) and consists of a set of data requirements that are mutually supportive and which meet the procedural and legal needs of cross-border regulatory agencies such as customs, controlling export, import and transit transactions. it is consistent with the united nations trade data elements directory (untded), and is widely used by wco member administrations in the implementation of cross-border regulatory systems, including electronic declaration systems and single window environments. (9) cmis v1.0 technical specification issued by oasis (advancing open standards for the information society) allows different content management systems to interoperate over the internet. it offers a standardised way to save, retrieve and find documents and thus makes it possible to exchange information between different content repositories. more specifically, cmis v1.0 defines an abstraction layer for controlling diverse document management systems and repositories using web protocols. the specification describes concepts and functionalities that are supported and offered by most content repositories, such as searching, requesting, adding and changing of content and metadata. cmis v1.1 technical specification is fully compatible with cmis v1.0 and includes additional functionalities. (10) the electronic business xml messaging service (ebms 3.0) developed by oasis facilitates the exchange of electronic business messages within an xml web services framework that leverages common internet technical specifications. the goal of ebms 3.0 is to foster broad adoption among all actors large or small, public administration or private company that collaborate in business processes using the exchange of messages, to handle differences in message flow capacity, intermittent connectivity, lack of static ip addresses or firewall restrictions. the application statement 4 profile of ebms 3.0 version 1.0 (abbreviated as as4) technical specification is a modern web services-based protocol that provides guidance for a standardised methodology for the secure and document-agnostic. (11) the business document metadata service location (bdx location) technical specification issued by oasis is an update of the peppol concept of service metadata location (sml). a metadata service for business interactions provides information about the kind of data transactions and corresponding enabling technologies available for specific business process participants. the bdx location technical specification refers to the location of a metadata service primarily as a url-specified endpoint identifier. (12) the ebcorepartyidtype technical specification developed by oasis specifies a formal mechanism for referencing party type identification schemes using a formal uniform resource name (urn) namespace for organisation identifiers that leverages three international standards: iso/iec 6523, iso 9735 and iso 20022. has adopted this decision: article 1 the technical specifications listed in the annex are eligible for referencing in public procurement. article 2 this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at brussels, 3 october 2016. for the commission the president jean-claude juncker (1) oj l 316, 14.11.2012, p. 12. (2) communication from the commission upgrading the single market: more opportunities for people and business. com(2015) 550 final of 28 october 2015. (3) communication on a digital single market strategy for europe. com(2015) 192 final of 6 may 2015. (4) com(2016)176 final of 19 april 2016. (5) com(2011) 311 final of 1 june 2011. (6) commission decision 2011/c-349/04 of 28 november 2011 setting up the european multi-stakeholder platform on ict standardisation (oj c 349, 30.11.2011, p. 4). annex word customs organization (wco) (1) no title of ict technical specification 1 world customs organization data model version 3.5 (wco data model version 3.5) oasis (advancing open standards for the information society) (2) no title of ict technical specification 1 content management interoperability services version 1.0 (cmis 1.0) 2 content management interoperability services version 1.1 (cmis 1.1) 3 business document metadata service location version 1.0 (bdx location) 4 electronic business xml messaging services version 3.0: part 1, core features and application statement 4 profile of ebms 3.0 version 1.0 (ebms3.0-as4) 5 electronic business core party identification type technical specification version 1.0 (ebcorepartyidtype) (1) http://www.wcoomd.org/ (2) http://www.oasis-open.org/

name: council decision (eu) 2016/1764 of 29 september 2016 on the position to be taken by the european union within the eu-icao joint committee on the decision on the adoption of an annex on air traffic management to the memorandum of cooperation between the european union and the international civil aviation organization providing a framework for enhanced cooperation type: decision subject matter: united nations; eu institutions and european civil service; european construction; air and space transport; transport policy date published: 2016-10-04 4.10.2016 en official journal of the european union l 269/14 council decision (eu) 2016/1764 of 29 september 2016 on the position to be taken by the european union within the eu-icao joint committee on the decision on the adoption of an annex on air traffic management to the memorandum of cooperation between the european union and the international civil aviation organization providing a framework for enhanced cooperation the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 100(2) in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the memorandum of cooperation between the european union and the international civil aviation organization (icao) providing a framework for enhanced cooperation (1) (hereinafter referred to as the memorandum of cooperation) entered into force on 29 march 2012. (2) pursuant to article 7.3(c) of the memorandum of cooperation, the joint committee established by article 7.1 of the memorandum of cooperation may adopt annexes to the memorandum of cooperation. (3) it is appropriate to establish the position to be taken by the union within the joint committee with regard to the adoption of an annex on air traffic management to the memorandum of cooperation, has adopted this decision: article 1 the position to be taken by the union within the eu-icao joint committee, as referred to in article 7.3(c) of the memorandum of cooperation between the european union and the international civil aviation organization providing a framework for enhanced cooperation (the memorandum of cooperation), with regard to the adoption of an annex on air traffic management to the memorandum of cooperation, shall be based on the draft decision of the eu-icao joint committee, attached to this decision. article 2 this decision shall enter into force on the day of its adoption. done at brussels, 29 september 2016. for the council the president p. iga (1) oj l 232, 9.9.2011. p. 2. draft decision of the eu-icao joint committee of on the adoption of an annex on air traffic management to the memorandum of cooperation between the european union and the international civil aviation organization providing a framework for enhanced cooperation the eu-icao joint committee, having regard to the memorandum of cooperation between the european union and the international civil aviation organization providing a framework for enhanced cooperation (the memorandum of cooperation), which entered into force on 29 march 2012, and in particular article 7.3(c) thereof, whereas it is appropriate to include an annex on air traffic management in the memorandum of cooperation, has adopted this decision: article 1 the annex to this decision is hereby adopted and shall form an integral part of the memorandum of cooperation. article 2 this decision shall enter into force on the day of its adoption. done at, . for the eu-icao joint committee the chairpersons annex on air traffic management 1. objectives 1.1. the parties agree to cooperate in the field of air traffic management and air navigation services (hereinafter referred to as atm/ans) within the framework of the memorandum of cooperation (moc) between the european union (eu) and the international civil aviation organization (icao) signed in montreal on 28 april 2011 and in brussels on 4 may 2011. 1.2. consistent with their commitment to the global harmonisation of requirements included in standards and recommended practices (sarps) for atm/ans and the global interoperability of new technologies and systems in the domain of atm/ans, the parties agree to cooperate closely in a spirit of transparency and dialogue to coordinate their atm/ans activities. 2. scope 2.1. in pursuit of the objectives specified in article 1 of this annex, the parties agree to cooperate in the following areas: conducting regular dialogue on atm/ans matters of mutual interest; achieving transparency through the regular exchange of relevant atm/ans information; participating in atm/ans activities; monitoring and analysing states' compliance with icao standards and adherence to recommended practices in the domain of atm/ans; cooperating in regulatory and standard-setting matters; cooperating in the field of the development and implementation of the icao global air navigation plan (ganp) and its aviation system block upgrade (asbu) methodology; developing and providing technical assistance projects and programmes; promoting regional cooperation, in particular within the icao european (eur) region, with specific consideration to the results achieved in the development and implementation of the single european sky (ses) and to the work of the european aviation safety agency (easa) on atm/ans matters; and, exchanging technical experts in the relevant fields of atm/ans. 3. implementation 3.1. the parties may establish working arrangements specifying mutually agreed mechanisms and procedures to effectively implement cooperation in the areas referred to in article 2.1 of this annex. those working arrangements shall be adopted by the joint committee established pursuant to article 7 of the moc. 3.2. the undertaking of cooperative activities under this annex shall be fulfilled, on behalf of the parties, by the icao air navigation bureau (anb) and the european commission. the european commission may involve, as appropriate, the eu member states and european organisations, including easa, the sesar joint undertaking, the sesar deployment manager and eurocontrol. 4. dialogue 4.1. the parties shall convene meetings and/or teleconferences on a regular basis to discuss atm/ans matters of mutual interest and, where necessary and appropriate, to coordinate activities. 5. transparency and exchange of information 5.1. the parties shall encourage, subject to their applicable rules, transparency in the field of atm/ans in their relations with third parties. 5.2. the parties shall be transparent in their cooperation and collaboration in atm/ans activities through the exchange, without prejudice to their applicable rules, of relevant and appropriate data, information and documentation, and by facilitating mutual participation in meetings. 5.3. to that end, each party shall establish procedures for the exchange of information, which guarantee the confidentiality of information received from the other party in accordance with article 6 of the moc. 6. participation in atm/ans activities 6.1. for the purpose of implementing this annex, each party shall, as appropriate, invite the other party to participate, in accordance with established rules of procedure, in atm/ans-related activities and meetings as observer with a view to ensuring close cooperation and coordination. 7. sharing of atm/ans information and analyses 7.1. without prejudice to their applicable rules, and in accordance with appropriate working arrangements to be developed, the parties shall share relevant atm/ans information and data, as well as analyses made on the basis of that information and data. 7.2. the parties shall cooperate closely in actions taken to secure more effective compliance with sarps in the eu and in other states. such cooperation shall include the exchange of information, facilitating dialogue between the parties concerned, and the coordination of any technical assistance activities. 7.3. based on its activities in the field of performance review and target setting, as well as in the monitoring of the implementation of the european atm master plan, the eu shall assist icao in the development of a global performance-based approach and of a global monitoring approach for the implementation of the icao ganp and asbu methodology therein. icao shall make appropriate and best use of existing eu material or material under development, arising from the development and implementation of the ses, when developing its global approaches. 8. regulatory and standard-setting matters 8.1. each party shall ensure that the other party is kept informed of all relevant laws, regulations, standards, requirements and recommended practices, which may affect the implementation of this annex, as well as of any modification thereto. 8.2. the parties shall notify each other in a timely manner of any proposed modifications to their relevant laws, regulations, standards, requirements and recommended practices, in so far as those modifications may have an impact on the application of this annex. such notification may also include, as needed, the sharing of appropriate planning instruments, such as relevant annual/multi-annual programmes. in the light of any such modifications, the joint committee may adopt amendments to this annex, as necessary, in accordance with article 7 of the moc. 8.3. with a view to the global harmonisation of atm/ans regulations and standards, the parties shall consult each other on technical regulatory matters in the field of atm/ans during the respective rule-making or sarps-development processes, and shall be invited to participate in the associated technical bodies, as and when appropriate. 8.4. to that end, the eu and icao shall further streamline their cooperation in view of ensuring the timely review of eu rules following icao amendments to the annexes of the convention on international civil aviation (the chicago convention) and of giving timely input to icao when amendments to annexes relevant for atm/ans are considered. 8.5. icao shall provide the eu with timely information on icao decisions and recommendations affecting atm/ans-related sarps by providing full access to icao state letters and electronic bulletins. 8.6. where appropriate, the eu shall endeavour to ensure that relevant eu legislation is in conformity with icao atm/ans-related sarps. 8.7. as the european atm master plan is closely related to the icao ganp and the asbu methodology contained therein, the eu, in cooperation with its member states, will assist icao in developing sarps and supporting materials for new atm/ans requirements, based on its needs and experience with the deployment of sesar. similarly, icao will assist the eu in the updating of its standards for global interoperability for new atm/ans requirements, based on its ganp, asbu methodology and the related roadmaps. 8.8. notwithstanding the obligations of eu member states as contracting states to the chicago convention, the eu shall, where and when appropriate, engage in dialogue with icao to provide technical information in instances where issues related to compliance with icao standards and adherence to icao recommended practices emerge pursuant to the application of eu legislation. 8.9. the undertaking of cooperative activities in regulatory and standard-setting matters shall neither contradict existing icao rule-making procedures, nor establish any new legal or reporting obligations on icao vis- -vis the eu or its member states. 9. technical assistance projects and programmes 9.1. the parties shall coordinate assistance to states in an effort to ensure the effective use of resources and prevent a duplication of effort, and shall exchange information, including data, on atm/ans-related technical assistance projects and programmes. 10. regional cooperation 10.1. the parties shall give priority to activities aimed at accelerating the establishment of the single european sky, including the relevant activities of easa in atm/ans, where the regional approach offers opportunities for improved cost-efficiency, oversight and/or harmonisation processes. 10.2. particular attention in regard to paragraph 10.1 will be given to the regional performance-based approach, european technical regulations in atm/ans, functional airspace blocks, the management of network functions (including the european aviation crisis coordination cell, eaccc) and the deployment and monitoring of new atm/ans concepts based on sesar and the european atm master plan. 10.3. to fulfil the regional cooperation expectations, a close working relationship shall be maintained between the eu and the icao regional office in paris, including mutual participation in relevant meetings (e.g. single sky committee). 10.4. the eu will organise coordination between european organisations, the eu member states and the icao regional office in light of the scope of this annex, in particular to contribute to the icao regional plans. 11. expert assistance 11.1. without prejudice to expert assistance schemes developed outside of the scope of this annex, the eu shall endeavour to make available to icao experts with technical expertise in relevant fields of atm/ans, upon request, to perform tasks and participate in activities falling within the scope of this annex. the conditions of such expert assistance shall be specified in a working arrangement between the parties. 12. review 12.1. the parties shall review the implementation of this annex on a regular basis, taking into account, as necessary, relevant policy or regulatory developments. 12.2. any review of this annex shall be conducted by the joint committee established pursuant to article 7 of the moc (the joint committee). 13. entry into force, amendments and termination 13.1. this annex shall enter into force on the date of adoption by the joint committee and shall remain in force until such time as it is terminated. 13.2. working arrangements, as far as needed, agreed pursuant to this annex shall enter into force on the date of adoption by the joint committee. 13.3. any amendments to, or termination of, working arrangements adopted pursuant to this annex shall be agreed within the joint committee. 13.4. this annex may be terminated at any time by either party. such termination shall be effective six months following receipt of written notification of termination by one party from the other party, unless the said notice of termination has been withdrawn by mutual consent of the parties before that six-month period has expired. 13.5. notwithstanding any other provision of this article, if the moc is terminated, this annex and any working arrangement adopted pursuant to it shall terminate simultaneously therewith.

name: council decision (cfsp) 2016/1755 of 30 september 2016 amending decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya type: decision subject matter: international affairs; civil law; africa date published: 2016-10-01 1.10.2016 en official journal of the european union l 268/85 council decision (cfsp) 2016/1755 of 30 september 2016 amending decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 31 july 2015 the council adopted decision (cfsp) 2015/1333 (1). (2) on 31 march 2016 the council adopted decision (cfsp) 2016/478 (2) adding three persons for a period of 6 months to the list of persons subject to restrictive measures as set out in annexes ii and iv to decision (cfsp) 2015/1333. (3) in view of the gravity of the situation the council has decided that the restrictive measures should be maintained for a further period of 6 months and that the reasons for three persons should be amended. (4) decision (cfsp) 2015/1333 should therefore be amended accordingly, has adopted this decision: article 1 decision (cfsp) 2015/1333 is amended as follows: (1) in article 17, paragraphs 3 and 4 are replaced by the following: 3. the measures referred to in article 8(2) shall apply with regard to entry numbers 16, 17 and 18 in annex ii until 2 april 2017. 4. the measures referred to in article 9(2) shall apply with regard to entry numbers 21, 22 and 23 in annex iv until 2 april 2017.; (2) annexes ii and iv to decision (cfsp) 2015/1333 are amended as set out in the annex to this decision. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 30 september 2016. for the council the president m. laj k (1) council decision (cfsp) 2015/1333 of 31 july 2015 concerning restrictive measures in view of the situation in libya, and repealing decision 2011/137/cfsp (oj l 206, 1.8.2015, p. 34). (2) council decision (cfsp) 2016/478 of 31 march 2016 amending decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya (oj l 85, 1.4.2016, p. 48). annex the entries concerning the persons listed below, as set out in annexes ii and iv to decision (cfsp) 2015/1333, are replaced by the following entries: annex ii list of persons and entities referred to in article 8(2) a. persons name identifying information reasons date of listing 16. saleh issa gwaider, agila d.o.b. 1 june 1942 place of birth: elgubba, libya. passport: d001001 (libya), issued 22 january 2015. agila saleh has been the president of the libyan house of representatives since 5 august 2014. on 17 december 2015 saleh stated his opposition to the libya political agreement signed on 17 december 2015. as the president of the council of deputies, saleh has obstructed and undermined the libyan political transition, including by refusing several times to call a vote on the government of national accord ( gna ). on 23 august 2016, saleh addressed a letter to the secretary-general of the united nations, in which he criticised the united nations' support to the gna which he described as the imposition of a group of individuals on the libyan people ( ) in breach of the constitution and the united nations charter . he criticised the adoption of united nations security council resolution 2259(2015) which endorsed the skhirat agreement, and he threatened to bring the united nations, which he holds responsible for unconditional and unjustified support to an incomplete presidency council, as well as the un secretary-general, before the international criminal court for violating the un charter, the libyan constitution and the sovereignty of libya. those statements undermine the support for mediation by the un and the un support mission in libya (unsmil), as expressed by all relevant un security council resolutions, notably resolution 2259(2015). on 6 september 2016, saleh paid an official visit to niger with abdullah al-thani, prime minister of the non-recognised government of tobruk, even though resolution 2259(2015) calls for the ceasing of support to and official contact with parallel institutions which claim to represent the legitimate authority but are not parties to the agreement. 1.4.2016 17. ghwell, khalifa a.k.a. al ghweil, khalifa al-ghawail, khalifa d.o.b. 1 january 1956 place of birth: misurata, libya nationality: libya passport: a005465 (libya), issued 12 april 2015, expires 11 april 2017 khalifa ghwell was the so-called prime minister and defence minister of the internationally unrecognised general national congress ( gnc ) (also known as the national salvation government ), and as such was responsible for their activities. on 7 july 2015 khalifa ghwell showed his support for the steadfastness front (alsomood), a new military force of 7 brigades to prevent a unity government from forming in tripoli, by attending the signing ceremony to inaugurate the force with gnc president nuri abu sahmain. as gnc prime minister , ghwell has played a central role in obstructing the establishment of the gna established under the libya political agreement. on 15 january 2016, in his capacity as the tripoli gnc's prime minister and minister of defence , ghwell ordered the arrest of any members of the new security team, appointed by the prime minister designate of the government of national accord, who set foot in tripoli. on 31 august 2016 he ordered the prime minister and the defence minister of the national salvation government to return to work after the hor had rejected the gna. 1.4.2016 18. abu sahmain, nuri a.k.a. bosamin, nori bo samin, nuri d.o.b. 16.5.1956 place of birth: zouara/zuwara, libya nuri abu sahmain used to be the so-called president of the internationally unrecognised general national congress ( gnc ) (also known as the national salvation government ), and as such is responsible for their activities. as gnc president , nuri abu sahmain has played a central role in obstructing and opposing the libyan political agreement and the establishment of the government of national accord ( gna ). on 15 december 2015 sahmain called for the postponement of the libya political agreement scheduled to be agreed at a meeting on 17 december. on 16 december 2015 sahmain issued a statement that the gnc did not authorise any of its members to participate in the meeting or sign the libya political agreement. on 1 january 2016 sahmain rejected the libyan political agreement in talks with the united nations special representative. 1.4.2016 annex iv list of persons and entities referred to in article 9(2) a. persons name identifying information reasons date of listing 21. saleh issa gwaider, agila d.o.b. 1 june 1942 place of birth: elgubba, libya. passport: d001001 (libya), issued 22 january 2015. agila saleh has been the president of the libyan house of representatives since 5 august 2014. on 17 december 2015 saleh stated his opposition to the libya political agreement signed on 17 december 2015. as the president of the council of deputies, saleh has obstructed and undermined the libyan political transition, including by refusing several times to call a vote on the government of national accord ( gna ). on 23 august 2016, saleh addressed a letter to the secretary-general of the united nations, in which he criticised the united nations' support to the gna which he described as the imposition of a group of individuals on the libyan people ( ) in breach of the constitution and the united nations charter . he criticised the adoption of united nations security council resolution 2259(2015) which endorsed the skhirat agreement, and he threatened to bring the united nations, which he holds responsible for unconditional and unjustified support to an incomplete presidency council, as well as the un secretary-general, before the international criminal court for violating the un charter, the libyan constitution and the sovereignty of libya. those statements undermine the support for mediation by the un and the un support mission in libya (unsmil), as expressed by all relevant un security council resolutions, notably resolution 2259(2015). on 6 september 2016, saleh paid an official visit to niger with abdullah al-thani, prime minister of the non-recognised government of tobruk, even though resolution 2259(2015) calls for the ceasing of support to and official contact with parallel institutions which claim to represent the legitimate authority but are not parties to the agreement. 1.4.2016 22. ghwell, khalifa a.k.a. al ghweil, khalifa al-ghawail, khalifa d.o.b. 1 january 1956 place of birth: misurata, libya nationality: libya passport: a005465 (libya), issued 12 april 2015, expires 11 april 2017 khalifa ghwell was the so-called prime minister and defence minister of the internationally unrecognised general national congress ( gnc ) (also known as the national salvation government ), and as such was responsible for their activities. on 7 july 2015 khalifa ghwell showed his support for the steadfastness front (alsomood), a new military force of 7 brigades to prevent a unity government from forming in tripoli, by attending the signing ceremony to inaugurate the force with gnc president nuri abu sahmain. as gnc prime minister , ghwell has played a central role in obstructing the establishment of the gna established under the libya political agreement. on 15 january 2016, in his capacity as the tripoli gnc's prime minister and minister of defence , ghwell ordered the arrest of any members of the new security team, appointed by the prime minister designate of the government of national accord, who set foot in tripoli. on 31 august 2016 he ordered the prime minister and the defence minister of the national salvation government to return to work after the hor had rejected the gna. 1.4.2016 23. abu sahmain, nuri a.k.a. bosamin, nori bo samin, nuri d.o.b. 16.5.1956 place of birth: zouara/zuwara, libya nuri abu sahmain used to be the so-called president of the internationally unrecognised general national congress ( gnc ) (also known as the national salvation government ), and as such is responsible for their activities. as gnc president , nuri abu sahmain has played a central role in obstructing and opposing the libyan political agreement and the establishment of the government of national accord ( gna ). on 15 december 2015 sahmain called for the postponement of the libya political agreement scheduled to be agreed at a meeting on 17 december. on 16 december 2015 sahmain issued a statement that the gnc did not authorise any of its members to participate in the meeting or sign the libya political agreement. on 1 january 2016 sahmain rejected the libyan political agreement in talks with the united nations special representative. 1.4.2016

name: commission decision (eu) 2016/1756 of 28 september 2016 determining the european union position with regard to a decision of the management entities under the agreement between the government of the united states of america and the european union on the coordination of energy-efficiency labelling programmes for office equipment, on the revision of specifications for displays included in annex c to the agreement (text with eea relevance) type: decision subject matter: information technology and data processing; america; energy policy; electronics and electrical engineering; marketing; international affairs; technology and technical regulations; cooperation policy date published: 2016-10-01 1.10.2016 en official journal of the european union l 268/90 commission decision (eu) 2016/1756 of 28 september 2016 determining the european union position with regard to a decision of the management entities under the agreement between the government of the united states of america and the european union on the coordination of energy-efficiency labelling programmes for office equipment, on the revision of specifications for displays included in annex c to the agreement (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council decision 2013/107/eu of 13 november 2012 on the signing and conclusion of the agreement between the government of the united states of america and the european union on the coordination of energy-efficiency labelling programmes for office equipment, (1) and in particular article 4 thereof, whereas: (1) the agreement allows the european commission, together with the united states environmental protection agency, to develop and periodically revise common specifications for office equipment, thereby amending annex c to the agreement. (2) the commission determines the position to be adopted by the european union on the amendment of the specifications. (3) the measures provided for in this decision take account of the european union energy star board opinion referred to in article 8 of regulation (ec) no 106/2008 of the european parliament and of the council (2). (4) the specification for displays provided in part i. of annex c should be repealed and replaced by the specifications annexed to this decision, has adopted this decision: sole article under the agreement between the government of the united states of america and the european union on the coordination of energy-efficiency labelling programmes for office equipment, a decision on revising the specifications provided in annex c to that agreement is to be taken by the management entities. the position to be adopted by the european union with regard to this decision on the specifications for displays in annex c to the agreement shall be based on the attached draft decision. this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at brussels, 28 september 2016. for the commission the president jean-claude juncker (1) oj l 63, 6.3.2013, p. 5. (2) regulation (ec) no 106/2008 of the european parliament and of the council of 15 january 2008 on a union energy-efficiency labelling programme for office equipment (oj l 39, 13.2.2008, p. 1). annex i draft decision of the management entities under the agreement between the government of the united states of america and the european union on the coordination of energy-efficiency labelling programmes for office equipment on the revision of specifications for displays included in annex c of the agreement the management entities, having regard to the agreement between the government of the united states and the european union on the coordination of energy-efficiency labelling programmes for office equipment, and in particular article xii thereof, whereas specifications for displays should be revised, have decided as follows: part i. displays currently included in annex c of the agreement between the government of the united states and the european union on the coordination of energy-efficiency labelling programmes for office equipment shall be replaced by part i. displays as laid down thereafter. the decision shall enter into force on the twentieth day following its publication. the decision, done in duplicate, shall be signed by the co-chairs. signed in washington dc on the [ ] [ ] on behalf of the united states environmental protection agency signed in brussels on the [ ] [ ] on behalf of the european union annex ii annex c part ii to the agreement i. display specifications (version 7.0) 1. definitions (a) product types: (1) electronic display (display): a product with a display screen and associated electronics, often encased in a single housing, that as its primary function produces visual information from (1) a computer, workstation, or server via one or more inputs (e.g. vga, dvi, hdmi, displayport, ieee 1394, usb), (2) external storage (e.g. usb flash drive, memory card), or (3) a network connection. (a) monitor: an electronic display intended for one person to view in a desk-based environment. (b) signage display: an electronic display intended for multiple people to view in non-desk-based environments, such as retail or department stores, restaurants, museums, hotels, outdoor venues, airports, conference rooms or classrooms. for the purposes of this specification, a display shall be classified as a signage display if it meets two or more criteria listed below: (1) diagonal screen size is greater than 30 inches; (2) maximum reported luminance is greater than 400 candelas per square metre; (3) pixel density is less than or equal to 5 000 pixels per square inch; or (4) ships without a mounting stand. (b) operational modes: (1) on mode: the mode in which the display has been activated, and is providing the primary function. (2) sleep mode: a low-power mode in which the display provides one or more non-primary protective functions or continuous functions. note: sleep mode may serve the following functions: facilitate the activation of on mode via remote switch, touch technology, internal sensor, or timer; provide information or status displays including clocks; support sensor-based functions; or maintain a network presence. (3) off mode: the mode where the display is connected to a power source, produces no visual information, and cannot be switched into any other mode with the remote control unit, an internal signal, or an external signal. note: the display may only exit this mode by direct user actuation of an integrated power switch or control. some products may not have an off mode. (c) visual characteristics: (1) ambient light conditions: the combination of light illuminances in the environment surrounding a display, such as a living room or an office. (2) automatic brightness control (abc): the self-acting mechanism that controls the brightness of a display as a function of ambient light conditions. note: abc functionality must be enabled to control the brightness of a display. (3) colour gamut: colour gamut area shall be reported as a percentage of the cie luv 1976 u v colour space and calculated as per section 5.18 gamut area of the information display measurements standard version 1.03. note: any gamut support in non-visible/invisible colour areas is not to be counted. the gamut's size must be expressed as a percentage of area of the visible cie luv colour space only. (4) luminance: the photometric measure of the luminous intensity per unit area of light travelling in a given direction, expressed in candelas per square metre (cd/m2). (a) maximum reported luminance: the maximum luminance the display may attain at an on mode preset setting, and as specified by the manufacturer, for example, in the user manual. (b) maximum measured luminance: the maximum measured luminance the display may attain by manually configuring its controls, such as brightness and contrast. (c) as-shipped luminance: the luminance of the display at the factory default preset setting the manufacturer selects for normal home or applicable market use. (5) native vertical resolution: the number of physical lines along the vertical axis of the display within the visible area of the display. note: a display with a screen resolution of 1 920 1 080 (horizontal vertical) would have a native vertical resolution of 1 080. (6) screen area: the visible area of the display that produces images. note: screen area is calculated by multiplying the viewable image width by the viewable image height. for curved screens, measure the width and height along the arc of the display. (d) additional functions and features: (1) bridge connection: a physical connection between two hub controllers (i.e. usb, firewire). note: bridge connections allow for expansion of ports typically for the purpose of relocating the ports to a more convenient location or increasing the number of available ports. (2) full network connectivity: the ability of the display to maintain network presence while in sleep mode. presence of the display, its network services, and its applications, is maintained even if some components of the display are powered down. the display can elect to change power states based on receipt of network data from remote network devices, but should otherwise stay in sleep mode absent a demand for services from a remote network device. note: full network connectivity is not limited to a specific set of protocols. also referred to as network proxy functionality and described in the ecma-393 standard. (3) occupancy sensor: a device used to detect human presence in front of or in the area surrounding a display. note: an occupancy sensor is typically used to switch a display between on mode and sleep mode. (4) touch technology: enables the user to interact with a product by touching areas on the display screen. (5) plug-in module: a modular plugin device that provides one or more of the following functions without the explicit purpose of providing general computing function: (a) display images, mirror remote content streamed to it, or otherwise render content on the screen from local or remote sources; or (b) process touch signals. note: modules providing any other additional input options are not considered plug-in modules for the purposes of this specification. (e) product family: a group of product models that: (1) are made by the same manufacturer; (2) share the same screen area, resolution, and maximum reported luminance; and (3) are of a common basic screen design. models within a product family may differ from each other according to one or more characteristics or features. for displays, acceptable variations within a product family include: (1) external housing; (2) number and types of interfaces; (3) number and types of data, network, or peripheral ports; and (4) processing and memory capability. (f) representative model: the product configuration that is tested for energy star qualification and is intended to be marketed and labelled as energy star. (g) power source (1) external power supply (eps): an external power supply circuit that is used to convert household electric current into dc current or lower-voltage ac current to operate a consumer product. (2) standard dc: a method for transmitting dc power defined by a well-known technology standard, enabling plug-and-play interoperability. note: common examples are usb and power-over-ethernet. usually standard dc includes both power and communications over the same cable, but as with the 380 v dc standard, that is not required. 2. scope 2.1. included products 2.1.1. products that meet the definition of a display as specified herein and are powered directly from ac mains, an external power supply, or standard dc are eligible for energy star qualification, with the exception of products listed in section 2.2. typical products that would be eligible for qualification under this specification include: (i) monitors; (ii) monitors with keyboard, video, and mouse (kvm) switch functionality; (iii) signage displays; and (iv) signage displays and monitors with plug-in modules. 2.2. excluded products 2.2.1. products that are covered under other energy star product specifications are not eligible for qualification under this specification including televisions and computers (thin clients, slates/tablets, portable all-in-one computers, integrated desktops). the list of specifications currently in effect can be found at http://www.eu-energystar.org/specifications.htm 2.2.2. the following products are not eligible for qualification under this specification: (i) products with an integrated television tuner; (ii) displays with integrated or replaceable batteries designed to support primary operation without ac mains or external dc power, or device mobility (e.g. electronic readers, battery-powered digital picture frames); and (iii) products that must meet eu regulations for medical devices that prohibit power management capabilities and/or do not have a power state meeting the definition of sleep mode. 3. qualification criteria 3.1. significant digits and rounding 3.1.1. all calculations shall be carried out with directly measured (unrounded) values. 3.1.2. unless otherwise specified, compliance with specification requirements shall be evaluated using directly measured or calculated values without any benefit from rounding. 3.1.3. directly measured or calculated values that are submitted for reporting to the european commission shall be rounded to the nearest significant digit as expressed in the corresponding specification requirements. 3.2. general requirements for monitors and signage displays 3.2.1. external power supplies (epss): single- and multiple-voltage epss shall meet the level vi or higher performance requirements under the international efficiency marking protocol when tested according to the uniform test method for measuring the energy consumption of external power supplies, appendix z to 10 cfr part 430. (i) single- and multiple-voltage epss shall include the level vi or higher marking. (ii) additional information on the marking protocol is available at http://www.regulations.gov/#!documentdetail;d=eere-2008-bt-std-0005-0218 3.2.2. power management: (i) products shall offer at least one power management feature that is enabled by default, and that can be used to automatically transition from sleep mode to on mode either by a connected host device or internally (e.g. support for vesa display power management signalling (dpms), enabled by default). (ii) products that generate content for display from one or more internal sources shall have a sensor or timer enabled by default to automatically engage sleep or off mode. (iii) for products that have an internal default delay time after which the product transitions from on mode to sleep mode or off mode, the delay time shall be reported. (iv) monitors shall automatically enter sleep mode or off mode within 5 minutes of being disconnected from a host computer. 3.2.3. signage displays shall have a true power factor in on mode of 0,7 or greater as per section 5.2(f) in the energy star test method. 3.3. energy requirements for computer monitors 3.3.1. the total energy consumption (tec) in kwh shall be calculated as per equation 1 based on measured values. equation 1 total energy consumption calculation etec = 8,76 (0,35 pon + 0,65 psleep ) where: etec is the total energy consumption calculation in kwh, pon is measured on mode power in watts, psleep is measured sleep mode power in watts, and the result shall be rounded to the nearest tenth of a kwh for reporting. 3.3.2. the maximum tec (etec_max) in kwh for monitors shall be calculated as per table 1. table 1 calculation of maximum tec (etec_max) for monitors in kwh area (in2) etec max (kwh) where:aviewable screen area in in2rscreen resolution in megapixelsthe result shall be rounded to the nearest tenth of a kwh for reporting a < 130 (6,13 r) + (0,06 a) + 9 130 a < 150 (6,13 r) + (0,69 a) 72,38 150 a < 180 (6,13 r) + (0,21 a) 0,50 180 a < 200 (6,13 r) + (0,05 a) + 28 200 a < 230 (6,13 r) + (0,03 a) + 31,33 230 a < 280 (6,13 r) + (0,2 a) 7 280 a < 300 (6,13 r) + 49 300 a < 500 (6,13 r) + (0,2 a) 11 a 500 (6,13 r) + 89 3.3.3. for all monitors, calculated tec (etec) in kwh shall be less than or equal to the calculation of maximum tec (etec_max) with the applicable allowances and adjustments (applied at most once) as per equation 2. equation 2 total energy consumption requirement for monitors etec (etec_max + eep + eabc + en + eos + et ) effac_dc where: etec is tec in kwh calculated as per equation 1, etec_max is the maximum tec requirement in kwh calculated as per table 1, eep is the enhanced performance display allowance in kwh as per section 3.3.4, eabc is the automatic brightness control allowance in kwh as per equation 4, en is the full network connectivity allowance in kwh as per table 3, eos is the occupancy sensor allowance in kwh as per table 4, et is the touch technology allowance in kwh as per equation 5, and effac_dc is the standard adjustment for ac-dc power conversion losses that occur at the device powering the display, and is 1,0 for ac-powered displays and 0,85 for displays with standard dc. 3.3.4. for monitors meeting the enhanced performance display (epd) requirements below, only one of the following table 2 allowances shall be used in equation 2: (i) contrast ratio of at least 60:1 measured at a horizontal viewing angle of at least 85 from the perpendicular on a flat screen and at least 83 from the perpendicular on a curved screen, with or without a screen cover glass; (ii) a native resolution greater than or equal to 2,3 megapixels (mp); and (iii) colour gamut greater than or equal to 32,9 % of cie luv. table 2 calculation of energy allowance for enhanced performance displays colour gamut criteria eep (kwh) where: etec_max is the maximum tec requirement in kwh, and r is screen resolution in megapixels colour gamut support is 32,9 % of cie luv or greater. colour gamut support is 38,4 % of cie luv or greater. 0,65 (etec_max 6,13 r) note: a model supporting greater than 99 % of the srgb colour space translates to 32,9 % of cie luv and a model supporting greater than 99 % of adobe rgb translates to 38,4 % of cie luv. 3.3.5. for monitors with automatic brightness control (abc) enabled by default, an energy allowance (eabc), as calculated per equation 4, shall be added to etec_max in equation 2, if the on mode power reduction (rabc), as calculated per equation 3, is greater than or equal to 20 %. equation 3 calculation of on mode reduction with abc enabled by default where: rabc is the on mode percent power reduction due to abc, p300 is the on mode power in watts, as measured at an ambient light level of 300 lux in section 6.4 of the test method, and p12 is the on mode power in watts, as measured at an ambient light level of 12 lux in section 6.4 of the test method. equation 4 monitor abc energy allowance (eabc) for monitors eabc = 0,05 etec_max where: eabc is the energy allowance for automatic brightness control in kwh, and etec_max is the maximum tec in kwh, as per table 1. 3.3.6. products with full network connectivity confirmed in section 6.7 of the energy star test method shall apply the allowance specified in table 3. table 3 full network connectivity energy allowance (en) for monitors en (kwh) 2,9 3.3.7. products tested with an occupancy sensor active shall apply the allowance specified in table 4. table 4 additional functions energy allowance (eos) for monitors type allowance (kwh) occupancy sensor eos 1,7 3.3.8. products tested with touch technology active in on mode shall apply the allowance specified in equation 5. equation 5 energy allowance for touch technology (et) for monitors et = 0,15 etec_max where: et is the energy allowance for touch technology in kwh, and etec_max is the maximum tec in kwh, as per table 1. 3.4. on mode requirements for signage displays 3.4.1. the maximum on mode power (pon_max) in watts shall be calculated as per equation 6. equation 6 calculation of maximum on mode power (pon_max) in watts for signage displays pon_max = (4,0 10 5 a) + 119 tanh(0,0008 (a 200,0) + 0,11) + 6 where: pon_max is the maximum on mode power, in watts, a is the screen area in square inches, is the maximum measured luminance of the display in candelas per square metre, as measured in section 6.2 of the test method, tanh is the hyperbolic tangent function, and the result shall be rounded to the nearest tenth of a watt for reporting. equation 7 on mode power requirement for signage displays pon pon_max + pabc where: pon is on mode power in watts, as measured in section 6.3 or 6.4 of the test method, pon_max is the maximum on mode power in watts, as per equation 6, and pabc is the on mode power allowance for abc in watts, as per equation 8. 3.4.2. for signage displays with abc enabled by default, a power allowance (pabc), as calculated per equation 8, shall be added to pon_max, as calculated per equation 6, if the on mode power reduction (rabc), as calculated per equation 3, is greater than or equal to 20 per cent. equation 8 calculation of on mode power allowance for signage displays with abc enabled by default pabc = 0,05 pon_max where: pabc is the measured on mode power allowance for abc in watts, and pon_max is the maximum on mode power requirement in watts. 3.5. sleep mode requirements for signage displays 3.5.1. measured sleep mode power (psleep) in watts shall be less than or equal to the sum of the maximum sleep mode power requirement (psleep_max) and any allowances (applied at most once) as per equation 9. equation 9 sleep mode power requirement for signage displays where: psleep is measured sleep mode power in watts, psleep_max is the maximum sleep mode power requirement in watts as per table 5, pn is the full network connectivity allowance in watts as per table 6, pos is the occupancy sensor allowance in watts as per table 7, and pt is the touch allowance in watts as per table 7. table 5 maximum sleep mode power requirement (psleep_max) for signage displays psleep_max (watts) 0,5 3.5.2. products with full network connectivity confirmed in section 6.7 of the energy star test method shall apply the allowance specified in table 6. table 6 full network connectivity allowance for signage displays pn (watts) 3,0 3.5.3. products tested with an occupancy sensor or touch technology active in sleep mode shall apply the allowances specified in table 7. table 7 additional functions sleep mode power allowance for signage displays type screen size (in) allowance (watts) occupancy sensor pos all 0,3 touch functionality pt (applicable only to signage displays where screen size is greater than 30 inches) 30 0,0 > 30 1,5 3.6. off mode requirements for all displays 3.6.1. a product need not have an off mode to be eligible for qualification. for products that do offer an off mode, measured off mode power (poff) shall be less than or equal to the maximum off mode power requirement (poff_max) in table 8. table 8 maximum off mode power requirement (poff_max) poff_max (watts) 0,5 3.7. luminance reporting requirements 3.7.1. maximum reported and maximum measured luminance shall be reported for all products; as-shipped luminance shall be reported for all products except those with abc enabled by default. 4. test requirements 4.1. test methods 4.1.1. test methods identified in table 9 shall be used to determine qualification for energy star. table 9 test methods for energy star qualification product type test method all product types and screen sizes energy star test method for determining display energy enhanced performance displays international committee for display metrology (icdm) information display measurements standard version 1.03 displays claiming full network connectivity cea-2037-a, determination of television set power consumption 4.2. number of units required for testing 4.2.1. one unit of a representative model, as defined in section 1, shall be selected for testing. 4.2.2. for qualification of a product family, the product configuration that represents the worst-case power demand for each product category within the product family shall be considered the representative model. 5. user interface 5.1. manufacturers are encouraged to design products in accordance with the user interface standard, ieee p1621: standard for user interface elements in power control of electronic devices employed in office/consumer environments. for details, see http://energy.lbl.gov/controls/ 6. effective date 6.1. effective date: the version 7.0 energy star display specification shall take effect on the effective date of the agreement. to qualify for energy star, a product model shall meet the energy star specification in effect on its date of manufacture. the date of manufacture is specific to each unit and is the date on which a unit is considered to be completely assembled. 6.2. future specification revisions: the european commission reserves the right to change this specification should technological and/or market changes affect its usefulness to consumers, industry, or the environment. in keeping with current policy, revisions to the specification are arrived at through stakeholder discussions. in the event of a specification revision, please note energy star qualification is not automatically granted for the life of a model. 7. considerations for future revisions 7.1. on mode dc power limit: epa and the european commission are interested in considering a separate on mode power maximum requirement for standard dc products that does not necessitate an ac-dc conversion calculation. epa and the european commission anticipate these products will become more popular on the market with the latest usb standard and look forward to receiving additional direct dc-tested data for these products. final test method for displays rev. sep-2015 1. overview the following test method shall be used for determining product compliance with requirements in the energy star specification for displays. 2. applicability the following test method is applicable to all products eligible for qualification under the energy star product specification for displays. 3. definitions unless otherwise specified, all terms used in this document are consistent with the definitions in the energy star specification for displays. (a) host machine: the machine or device used as the source of video/audio signal for testing displays. it may be a computer or any other device capable of providing a video signal. 4. test set-up (a) test set-up and instrumentation: test set-up and instrumentation for all portions of this method shall be in accordance with the requirements of international electrotechnical commission (iec) 62301:2011, household electrical appliances measurement of standby power, section 4, general conditions for measurements, unless otherwise noted in this document. in the event of conflicting requirements, the energy star test method shall take precedence. (b) ac input power: products capable of being powered from ac mains shall be connected to a voltage source appropriate for the intended market, as specified in table 10. if an external power supply is shipped with the product, it shall be used to connect the product to the specified voltage source. table 10 input power requirements for products market voltage voltage tolerance maximum total harmonic distortion frequency frequency tolerance north america, taiwan 115 v ac +/ 1,0 % 5,0 % 60 hz +/ 1,0 % europe, australia, new zealand 230 v ac +/ 1,0 % 5,0 % 50 hz +/ 1,0 % japan 100 v ac +/ 1,0 % 5,0 % 50 hz or 60 hz +/ 1,0 % (c) dc input power: (1) products may be tested with a dc source (e.g. via network or data connection) only if dc is the only available source of power for the product (i.e. no ac plug or external power supply (eps) is shipped with the product). (2) dc-powered products shall be installed and powered as directed by the manufacturer, using a port with the full specifications recommended for the display (e.g. universal serial bus (usb) 3.1 if applicable, even if backwards-compatible with usb 2.0). (3) the power measurement shall be made between the dc source (e.g. host machine) and the cable shipped with the product, including the losses introduced by the shipped cable. if no cable is shipped with the product, any cable between 2 and 6 feet long may be used in its place. the resistance of the cable used to connect the display to the point of measurement shall be measured and reported. note: the measured resistance of dc power cables includes the sum of resistances of both the dc supply voltage wire and the ground wire. (4) a spliced cable may be used between the shipped cable and dc source in order to connect the power meter. if this method is used, the following requirements must be met: (a) the spliced cable shall be used in addition to the shipped cable described in section 4(c)(3). (b) the spliced cable shall be connected between the dc source and the shipped cable. (c) the spliced cable shall be no longer than 1 foot. (d) for measuring voltage, the total amount of wiring used between the voltage measurement and the shipped cable shall be less than 50 milliohms of resistance. this only applies to the wiring that is carrying load current. note: voltage and current need not necessarily be measured at the same location, so long as the voltage is measured within 50 milliohms of the shipped cable. (e) the current measurement can be made either on the ground wire or the dc supply voltage wire. (f) figure 1 depicts an example spliced cable set-up using a usb 2.0-powered display connected to the host machine. figure 1 example spliced usb 2.0 cable arrangement text of image spliced usb 2.0 cable ( 1 ) shipped cable 50 milli-ohms data lines power & ground lines display host machine power meter (d) ambient temperature: ambient temperature shall be 23 c 5 c. (e) relative humidity: relative humidity shall be from 10 % to 80 %. (f) uut alignment: (1) all four corners of the face of the unit under test (uut) shall be equidistant from a vertical reference plane (e.g. wall). (2) the bottom two corners of the face of the uut shall be equidistant from a horizontal reference plane (e.g. floor). (g) light source for on mode testing: (1) lamp type: (a) standard spectrum halogen flood reflector lamp. the lamp shall not meet the definition of modified spectrum as defined in 10 cfr 430.2 definitions (1). (b) rated brightness: 980 5 % lumens. (2) light source alignment for testing products with abc enabled by default: (a) there shall be no obstructions between the lamp and the uut's automatic brightness control (abc) sensor (e.g. diffusing media, frosted lamp covers, etc.). (b) the centre of the lamp shall be placed at a distance of 5 feet from the centre of the abc sensor. (c) the centre of the lamp shall be aligned at a horizontal angle of 0 with respect to the centre of the uut's abc sensor. (d) the centre of the lamp shall be aligned at a height equal to the centre of the uut's abc sensor with respect to the floor (i.e. the light source shall be placed at a vertical angle of 0 with respect to the centre of the uut's abc sensor). (e) no test room surface (i.e. floor, ceiling, and wall) shall be within 2 feet of the centre of the uut's abc sensor. (f) illuminance values shall be obtained by varying the input voltage of the lamp. (g) figure 2 and figure 3 and provide more information on uut and light source alignment. figure 2 test set-up top view text of image uut d2 2 d4 2 d3 2 d1 2 90 5 illuminance meter light sensor voltage regulator 980 5 % lumens flood reflector lamp room surface (wall) vertical reference plane notes: d1 = d2 with respect to vertical reference plane, d1 and d2 indicate that the corners of the face of the uut shall be at least 2 feet from the vertical reference plane, d3 and d4 indicate that the centre of the light sensor shall be at least 2 feet from the room walls. figure 3 test set-up side view text of image h1 h2 h3 2 h4 2 d2 2 d1 2 5 90 90 vertical reference plane 980 5 % lumens flood reflector lamp voltage regulator floor illuminance meter light sensor uut ceiling notes: d1 = d2 with respect to vertical reference plane, d1 and d2 indicate that the corners of the face of the uut shall be at least 2 feet from the vertical reference plane, illuminance meter shall be removed for power measurements, after target illuminance achieved, h1 = h2 with respect to horizontal reference plane (e.g. floor), h3 and h4 indicate that the centre of the light sensor must be at least 2 feet from the floor and 2 feet from the ceiling, illuminance meter removed for power measurements, after target illuminance achieved. (h) power meter: power meters shall possess the following attributes (1) crest factor: (a) an available current crest factor of 3 or more at its rated range value; and (b) lower bound on the current range of 10 ma or less. (2) minimum frequency response: 3,0 khz (3) minimum resolution: (a) 0,01 w for measurement values less than or equal to 10 w; (b) 0,1 w for measurement values from greater than 10 w to 100 w; and (c) 1,0 w for measurement values greater than 100 w. (i) luminance and illuminance meters: (1) luminance measurement shall be performed using either (a) a contact meter; or (b) a non-contact meter. (2) all luminance and illuminance meters shall be accurate to 2 % ( 2 digits) of the digitally displayed value. (3) non-contact luminance meters shall have an acceptance angle of 3 degrees or less. the overall accuracy of a meter is found by taking ( ) the absolute sum of 2 % of the measurement and a 2-digit tolerance of the displayed value least significant digit. for example, if an illuminance meter displays 200,0 when measuring a screen brightness of 200 nits, 2 % of 200 nits is 4,0 nits. the least significant digit is 0,1 nits. two digits implies 0,2 nits. thus, the displayed value would be 200 4,2 nits (4 nits + 0,2 nits). the accuracy is specific to the illuminance meter and shall not be considered as tolerance during actual light measurements. (j) measurement accuracy: (1) power measurements with a value greater than or equal to 0,5 w shall be made with an uncertainty of less than or equal to 2 % at the 95 % confidence level. (2) power measurements with a value less than 0,5 w shall be made with an uncertainty of less than or equal to 0,01 w at the 95 % confidence level. (3) all ambient light values (measured lux) shall be measured at the location of the abc sensor on the uut with light entering directly into the sensor and with the main menu from the test signal from iec 62087:2011, methods of measurement for the power consumption of audio, video and related equipment displayed on the product. for products not compatible with the iec test signal format, ambient light values shall be measured with the video electronics standard association (vesa) flat panel display measurements standard version 2.0 (fpdm2) fk test signal being displayed on the product. (4) ambient light values shall be measured within the following tolerances: (a) at 12 lux, ambient lighting shall be within 1,0 lux; and (b) at 300 lux, ambient lighting shall be within 9,0 lux. 5. test conduct 5.1. guidance for power measurements (a) testing at factory default settings: power measurements shall be performed with the product in its as-shipped condition for the duration of sleep mode and on mode testing, with all user-configurable options set to factory defaults, except as otherwise specified by this test method. (1) picture level adjustments shall be performed as per the instructions in this test method. (2) products that include a forced menu that requires picture setting selection upon initial start-up shall be tested in the standard or home picture setting. in the case that no standard setting or equivalent exists, the default setting recommended by the manufacturer shall be used for testing and recorded in the test report. products that do not include a forced menu shall be tested in the default picture setting. (b) point of deployment (pod) modules: optional pod modules shall not be installed. (c) plug-in modules: optional plug-in modules shall be removed from the display if the display can be tested according to the test method without the module installed. (d) sleep mode with multiple functionalities: if the product offers multiple options for device behaviour in sleep mode (e.g. quick start) or multiple methods by which sleep mode may be entered, the power during all sleep modes shall be measured and recorded. all sleep mode testing shall be carried out as per section 6.5. 5.2. conditions for power measurements (a) power measurements: (1) power measurements shall be taken from a point between the power source and the uut. no uninterruptible power supply (ups) units may be connected between the power meter and the uut. the power meter shall remain in place until all on mode, sleep mode and off mode power data are fully recorded. (2) power measurements shall be recorded in watts as directly measured (unrounded) values at a rate of greater than or equal to 1 reading per second. (3) power measurements shall be recorded after voltage measurements are stable to within 1 %. (b) dark room conditions: (1) unless otherwise specified, the illuminance measured at the uut screen with the uut in off mode shall be less than or equal to 1,0 lux. if the uut does not have an off mode, the illuminance shall be measured at the uut screen with the uut's power cord disconnected. (c) uut configuration and control: (1) peripherals and network connections: (a) external peripheral devices (e.g. mouse, keyboard, external hard disk drive (hdd), etc.) shall not be connected to usb ports or other data ports on the uut. (b) bridging: if the uut supports bridging as per the definition in section 1 of the energy star specification for displays version 7.0, a bridge connection shall be made between the uut and the host machine. the connection shall be made in the following order of preference. only one connection shall be made and the connection shall be maintained for the duration of the test. (i) thunderbolt; (ii) usb; (iii) firewire (ieee 1394); (iv) other. note: examples of bridging for displays may include: (1) a case where the display converts data between two different port types (e.g. thunderbolt and ethernet). this can allow a device to use thunderbolt as an ethernet connection or vice versa. (2) allowing a usb keyboard/mouse to be connected to another system (e.g. host machine) through the display by a usb hub controller. (c) networking: if the uut has networking capability (i.e. it has the ability to obtain an ip address when configured and connected to a network) the networking capability shall be activated, and the uut shall be connected to a live physical network (e.g. wifi, ethernet, etc.). the physical network shall support the highest and lowest data speeds of the uut's network function. an active connection is defined as a live physical connection over the physical layer of the networking protocol. in the case of ethernet, the connection shall be via a standard cat 5e or better ethernet cable to an ethernet switch or router. in the case of wifi the device shall be connected and tested in proximity to a wireless access point (ap). the tester shall configure the address layer of the protocol, taking note of the following: (i) internet protocol (ip) v4 and ipv6 have neighbour discovery and will generally configure a limited, non-routable connection automatically. (ii) ip can be configured manually or by using dynamic host configuration protocol (dhcp) with an address in the 192.168.1.x network address translation (nat) address space if the uut does not behave normally when autoip is used. the network shall be configured to support the nat address space and/or autoip. (iii) the uut shall maintain this live connection to the network for the duration of testing unless otherwise specified in this test method, disregarding any brief lapses (e.g. when transitioning between link speeds). if the uut is equipped with multiple network capabilities, only one connection shall be made in the following order of preference: (a) wifi (institution of electrical and electronics engineers ieee 802.11- 2007 (2)); (b) ethernet (ieee 802.3). if the uut supports energy efficient ethernet (ieee 802.3az-2010 (3)), then it shall be connected to a device that also supports ieee 802.3az; (c) thunderbolt; (d) usb; (e) firewire (ieee 1394); (f) other. (d) touchscreen functionality: if the uut features a touchscreen that requires a separate data connection, this function shall be set up as directed by the manufacturer's instructions, including connections to the host machine and installation of software drivers. (e) in the case of a uut that has a single connection capable of performing multiple functions (e.g. bridging, networking, and/or touchscreen functionality), a single connector can be used to meet these functionalities provided it is the highest preferred connection the uut supports for each functionality. (f) in the case of a uut that has no data/network capabilities, the uut shall be tested as shipped. (g) built-in speakers and other product features and functions not specifically addressed by the energy star specification or test method must be configured in the as-shipped power configuration. (h) availability of other capabilities such as occupancy sensors, flash memory-card/smart-card readers, camera interfaces, pictbridge shall be recorded. (2) signal interface: (a) if the uut has multiple signal interfaces, the uut shall be tested with the first available interface from the list below: (i) thunderbolt; (ii) displayport; (iii) hdmi; (iv) dvi; (v) vga; (vi) other digital interface; (vii) other analogue interface. (3) occupancy sensor: if the uut has an occupancy sensor, the uut shall be tested with the occupancy sensor settings in the as-shipped condition. for uut's with an occupancy sensor enabled as-shipped: (a) a person shall be within close proximity of the occupancy sensor for the entire warm up, stabilisation, luminance testing and on mode to prevent the uut from entering a lower power state (e.g. sleep mode or off mode). the uut shall remain in on mode for the duration of the warm up period, stabilisation period, luminance test and on mode test. (b) no person shall be within close proximity of the occupancy sensor for the duration of the sleep mode and off mode tests to prevent the uut from entering a higher power state (e.g. on mode). the uut shall remain in sleep mode or off mode for the duration of the sleep mode or off mode tests, respectively. (4) orientation: if the uut can be rotated into vertical and horizontal orientations, it shall be tested in the horizontal orientation, with the longest dimension being parallel to the table surface. (d) resolution and refresh rate: (1) fixed-pixel displays: (a) pixel format shall be set to the native level as specified in the product manual. (b) for non-cathode ray tube (crt) displays, refresh rate shall be set to 60 hz, unless a different default refresh rate is specified in the product manual, in which case the specified default refresh rate shall be used. (c) for crt displays, pixel format shall be set to the highest resolution that is designed to be driven at a 75 hz refresh rate, as specified in the product manual. typical industry standards for pixel format timing shall be used for testing. refresh rate shall be set to 75 hz. (e) accuracy of input signal levels: when using analogue interfaces, video inputs shall be within 2 % of referenced white and black levels. when using digital interfaces, the source video signal shall not be adjusted for colour, or modified by the tester for any purpose other than to compress/inflate and encode/decode for transmission, as required. (f) true power factor: programme participants shall report the true power factor (pf) of the uut during on mode measurement. the power factor values shall be recorded at the same rate at which the power value (pon) are recorded. the reported power factor shall be averaged over the entire duration of the on mode testing. (g) test materials: (1) iec 62087:2011 dynamic broadcast-content signal shall be used for testing, as specified in iec 62087:2011, section 11.6, on (average) mode testing using dynamic broadcast-content video signal. (2) vesa fpdm2 shall be used only for products that cannot display the iec 62087:2011 dynamic broadcast-content signal. (h) video input signal: (1) the host machine shall generate the video input signal in the native resolution of the display such that the active area of the video fills the entire screen. this may require the playback software to adjust the aspect ratio of the video. (2) the frame rate of the video input signal should match the frame rate most commonly used in the region in which the product is sold (e.g. for the us and japan, a 60 hz frame rate is used; for europe and australia, a 50 hz frame rate is used). (3) the audio settings on the host machine shall be disabled so that no sound is produced alongside the video input signal. 6. test procedures for all products 6.1. pre-test uut initialisation (a) prior to the start of testing, the uut shall be initialised as follows: (1) set up the uut as per the instructions in the supplied product manual. (2) connect an acceptable watt meter to the power source and connect the uut to the power outlet on the watt meter. (3) with the uut off, set the ambient light level such that the measured screen illuminance is less than 1,0 lux (see section 5.2(b)). (4) power on the uut and perform initial system configuration, as applicable. (5) ensure uut settings are in their as-shipped configuration, unless otherwise specified in this test method. (6) warm up the uut for 20 minutes, or the time it takes the uut to complete initialisation and become ready for use, whichever is longer. the iec 62087:2011 test signal format, as specified in section 5.2(g)(1), shall be displayed for the entire warm-up period. displays that cannot display the iec 62087:2011 test signal format shall have the vesa fpdm2 l80 test signal, as specified in section 5.2(g)(2), displayed on the screen. (7) report the ac input voltage and frequency or dc input voltage. (8) report the test room ambient temperature and relative humidity. 6.2. luminance testing (a) luminance testing shall be performed immediately following the warm up period and in dark room conditions. product screen illuminance, as measured with the uut in off mode, shall be less than or equal to 1,0 lux. (b) luminance shall be measured perpendicular to the centre of the product screen using a luminance meter in accordance with the meter's user manual. (c) the position of the luminance meter relative to the product screen shall remain fixed throughout the duration of testing. (d) for products with abc, luminance measurements shall be performed with abc disabled. if abc cannot be disabled, luminance measurements shall be measured perpendicular to the centre of the product screen with light entering directly into the uut's ambient light sensor at greater than or equal to 300 lux. (e) luminance measurements shall be performed as follows: (1) verify that the uut is in the default as-shipped luminance value or home picture setting. (2) display the test video signal for the specific product class, as described below: (a) all products, except as specified in (b): three-bar video signal specified in iec 62087:2011, section 11.5.5 (three bars of white (100 %) over a black (0 %) background). (b) products that cannot display signals from iec 62087:2011: vesa fpdm2 l80 test signal for the maximum resolution supported by the product. (3) display the test video signal for no less than 10 minutes to allow the uut luminance to stabilise. this 10-minute stabilisation period may be reduced if luminance measurements are stable to within 2 % over a period of not less than 60 seconds. (4) measure and record the luminance in default as-shipped setting las-shipped. (5) set the brightness and contrast levels of the uut to their maximum values. (6) measure and record the luminance as lmax_measured. (7) record the manufacturer-reported maximum luminance lmax_reported. (f) the contrast setting shall be left at the maximum level for the subsequent on mode tests unless otherwise specified. 6.3. on mode testing for products without abc enabled by default (a) after the luminance testing and prior to on mode power measurement, the luminance of the uut shall be set according to the following: (1) for signage displays, the product shall be tested with luminance set at a value greater than or equal to 65 % of the manufacturer-reported maximum luminance (lmax_reported). luminance values shall be measured as per section 6.2. this luminance value lon shall be recorded. (2) for all other products, adjust appropriate luminance controls until the luminance of the screen is 200 candelas per square metre (cd/m2). if the uut cannot achieve this luminance, set the product luminance to the nearest achievable value. luminance values shall be measured as per section 6.2. this luminance value lon shall be reported. appropriate luminance controls refer to any controls that adjust the brightness of the display, but do not include contrast settings. (b) for a uut capable of displaying the iec signals, on mode power (pon) shall be measured according to iec 62087:2011 section 11.6.1 measurements using dynamic broadcast-content video signal. for a uut not capable of displaying the iec signals, on mode power (pon) shall be measured as follows: (1) ensure that the uut has been initialised as per section 6.1. (2) display the vesa fpdm2, a112-2f, set01k test pattern (8 shades of grey from full black (0 volts) to full white (0,7 volts)). (3) verify that input signal levels conform to vesa video signal standard (vsis), version 1.0, rev. 2.0, december 2002. (4) with the brightness and contrast controls at maximum, verify that the white and near-white grey levels can be distinguished. if necessary, adjust contrast controls until the white and near-white grey levels can be distinguished. (5) display the vesa fpdm2, a112-2h, l80 test pattern (full white (0,7 volts) box that occupies 80 % of the image). (6) ensure that the luminance measurement area falls entirely within the white portion of the test pattern. (7) adjust appropriate luminance controls until the luminance of the white area of the screen is set as described in section 6.3(a). (8) record the screen luminance (lon). (9) record on mode power (pon) and total pixel format (horizontal vertical). the on mode power shall be measured over a 10-minute period similar to the iec 62087:2011 dynamic broadcast-content test. 6.4. on mode testing for products with abc enabled by default the average on mode power consumption of the product shall be determined with the dynamic broadcast-content as defined in iec 62087:2011. if the product cannot display the iec signal, then the vesa fpdm2 l80 test pattern, as described in section 6.3(b)(5), shall be used for all of the following steps. (a) stabilise the uut for 30 minutes. this shall be done with three repetitions of the 10-minute iec dynamic broadcast-content video signal. (b) set the light output of the lamp used for testing to 12 lux as measured at the face of the ambient light sensor. (c) display the 10 minute dynamic broadcast-content video signal. measure and record the power consumption, p12, during the 10 minute dynamic broadcast-content video signal. (d) repeat steps 6.4(b) and 6.4(c) for an ambient light level of 300 lux, to measure p300. (e) disable abc and measure on mode power (pon) as per section 6.3. if abc cannot be disabled, power measurements shall be conducted as follows: (1) if the brightness can be set to a fixed value as specified in section 6.3, then on mode power for these products shall be measured as per section 6.3 with light entering directly into the uut's ambient light sensor at greater than or equal to 300 lux. (2) if the brightness cannot be set to a fixed value, then on mode power for these products shall be measured as per section 6.3 with light entering directly into the uut's ambient light sensor at greater than or equal to 300 lux and without modifying the screen brightness. 6.5. sleep mode testing (a) sleep mode power (psleep) shall be measured according to iec 62301:2011, with the additional guidance in section 5. (b) the sleep mode test shall be conducted with the uut connected to the host machine in the same manner as in the on mode test. if possible, sleep mode shall be enacted by putting the host machine to sleep. for a computer host machine, sleep mode is defined in the version 6.1 energy star computers specification. (c) if the product has a variety of sleep modes that may be manually selected, or if the product can enter sleep mode via different methods (e.g. remote control or putting the host machine to sleep), measurements shall be performed and recorded in all sleep modes. if the product automatically transitions through its various sleep modes, the measurement time shall be long enough to obtain an average of all sleep modes. the measurement shall still meet requirements (e.g. stability, measurement period, etc.) outlined in section 5.3 of iec 62301:2011. 6.6. off mode testing (a) for products having off mode capability, at the conclusion of the sleep mode test, initiate off mode via the most easily accessible power switch. (b) measure off mode power (poff) according to section 5.3.1 of the iec 62301:2011. document the method of adjustment and sequence of events required to reach off mode. (c) any input synchronising signal check cycle may be ignored when measuring off mode power. 6.7. additional testing (a) for products with data/networking capabilities or a bridge connection, in addition to tests performed with data/networking capabilities activated and a bridge connection established (see section 5.2(c)(1)), sleep mode testing shall be performed with data/networking features deactivated and without any bridge connection established, as per section 5.2(c)(1)(b) and (c). (b) the presence of full network connectivity shall be determined by testing the display for network activity in sleep mode according to section 6.7.5.2 of cea-2037-a, determination of television set power consumption, with the following guidance: (1) the display shall be connected to a network as per section 5.2(c)(1)(c) prior to the test. (2) the display shall be placed into sleep mode in place of standby-active, low. (1) http://www.gpo.gov/fdsys/pkg/cfr-2011-title10-vol3/pdf/cfr-2011-title10-vol3-sec430-2.pdf (2) ieee 802 telecommunications and information exchange between systems local and metropolitan area networks part 11: wireless lan medium access control (mac) and physical layer (phy) specifications (3) part 3: carrier sense multiple access with collision detection (csma/cd) access method and physical layer specifications amendment 5: media access control parameters, physical layers, and management parameters for energy-efficient ethernet

name: council implementing decision (cfsp) 2016/1748 of 29 september 2016 implementing decision 2011/486/cfsp concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in afghanistan type: decision_impl subject matter: civil law; international affairs; asia and oceania date published: 2016-09-30 30.9.2016 en official journal of the european union l 264/38 council implementing decision (cfsp) 2016/1748 of 29 september 2016 implementing decision 2011/486/cfsp concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in afghanistan 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 2011/486/cfsp of 1 august 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in afghanistan (1), and in particular article 5 and article 6(1) thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 1 august 2011, the council adopted decision 2011/486/cfsp. (2) on 7 september 2016, the united nations security council committee established pursuant to paragraph 30 of un security council resolution 1988 (2011) amended the list of individuals, groups, undertakings and entities subject to restrictive measures. (3) the annex to decision 2011/486/cfsp should therefore be amended accordingly, has adopted this decision: article 1 the annex to decision 2011/486/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, 29 september 2016. for the council the president p. iga (1) oj l 199, 2.8.2011, p. 57. annex i. the entries in the list set out in the annex to decision 2011/486/cfsp for the persons below shall be replaced by the entries as set out below a. individuals associated with the taliban (13) mohammad shafiqullah ahmadi fatih khan (alias (a) mohammad shafiq ahmadi, (b) mullah shafiqullah) title: mullah. grounds for listing: governor of samangan province under the taliban regime. date of birth: 1956-1957. place of birth: (a) charmistan village, tirin kot district, uruzgan province, afghanistan, (b) marghi village, nawa district, ghazni province, afghanistan. nationality: afghan. other information: (a) originally from ghazni province, but later lived in uruzgan, (b) taliban shadow governor for uruzgan province as of late 2012, (c) serves as a member of the military commission as of july 2016, (d) belongs to hotak tribe. date of un designation:23.2.2001. (35) shahabuddin delawar title: maulavi. grounds for listing: deputy of high court under the taliban regime. date of birth: (a) 1957, (b) 1953. place of birth: logar province, afghanistan. nationality: afghan. passport number: afghan passport number oa296623. other information: (a) deputy head of taliban embassy in riyadh, saudi arabia until 25 sept. 1998, (b) believed to be in afghanistan/pakistan border area. picture available for inclusion in the interpol-un security council special notice. date of un designation:23.2.2001. (44) din mohammad hanif (alias (a) qari din mohammad (b) iadena mohammad) title: qari. grounds for listing: (a) minister of planning under the taliban regime, (b) minister of higher education under the taliban regime. date of birth: (a) approximately 1955, (b) 01.01.1969 (as iadena mohammad). place of birth: (a) shakarlab village, yaftali pain district, badakhshan province, afghanistan, (b) badakhshan (as iadena mohammad). nationality: afghan. passport number: oa 454044 (as iadena mohammad). other information: (a) member of taliban supreme council responsible for takhar and badakhshan provinces, (b) believed to be in afghanistan/pakistan border area. picture available for inclusion in the interpol-un security council special notice. date of un designation:25.1.2001. (53) sayyed mohammed haqqani (alias sayyed mohammad haqqani). title: mullah. grounds for listing: (a) director of administrative affairs under the taliban regime, (b) head of information and culture in kandahar province under the taliban regime. date of birth: approximately 1965. place of birth: chaharbagh village, arghandab district, kandahar province, afghanistan. nationality: afghan. other information: (a) graduate of the haqqaniya madrasa in akora khattak, pakistan, (b) believed to have had close relations with taliban leader mullah mohammad omar, (c) believed to be in afghanistan/pakistan border area, (d) member of taliban supreme council as at june 2010, (e) belongs to barakzay tribe. photo available for inclusion in the interpol-un security council special notice. reportedly deceased as of january 2016. date of un designation:31.1.2001. additional information from the narrative summary of reasons for listing provided by the sanctions committee: sayyed mohammed haqqani is allied with gulbbudin hekmatyar and has been a long-standing supporter of mullah mohammed omar. as director of administrative affairs of the taliban regime, he distributed afghan identity cards to al-qaida-related foreigners who fought in afghanistan and collected a significant amount of funds from them. sayyed mohammed haqqani met several times with aiman muhammed rabi al-zawahiri and farhad, mohammed omar's secretary, in 2003 and 2004. he opened a bookstore in qissa khwani's bazaar, peshawar, pakistan, which has been implicated in the financing of the taliban. he was still an active taliban insurgency leader as at march 2009. (64) khairullah khairkhwah (alias (a) mullah khairullah khairkhwah, (b) khirullah said wali khairkhwa) title: (a) maulavi, (b) mullah. grounds for listing: (a) governor of herat province (afghanistan) under the taliban regime, (b) spokesperson of the taliban regime, (c) governor of kabul province under the taliban regime, (d) minister of internal affairs under the taliban regime. date of birth: (a) approximately 1963, (b) 01 january 1967 (under the name khirullah said wali khairkhwa). place of birth: (a) poti village, arghistan district, kandahar province, afghanistan, (b) kandahar nationality: afghan. address: qatar. other information: belongs to popalzai tribe. date of un designation:25.1.2001. (66) jan mohammad madani ikram title: maulavi. grounds for listing: charg d'affaires, taliban embassy, abu dhabi, united arab emirates. date of birth: 1954- 1955. place of birth: siyachoy village, panjwai district, kandahar province, afghanistan. nationality: afghan. other information: (a) believed to be in afghanistan/pakistan border area, (b) belongs to alizai tribe. picture available for inclusion in the interpol-un security council special notice. date of un designation:25.1.2001. (72) fazl mohammad mazloom (alias (a) molah fazl, (b) fazel mohammad mazloom) title: mullah. grounds for listing: deputy chief of army staff of the taliban regime. date of birth: between 1963 and 1968. place of birth: uruzgan, afghanistan. nationality: afghan. address: qatar. date of un designation:23.2.2001. additional information from the narrative summary of reasons for listing provided by the sanctions committee: fazl mohammad mazloom was a close associate of mohammed omar and helped him to establish the taliban government. mazloom was at the al-farouq training camp established by al-qaida. he had knowledge that the taliban provided assistance to the islamic movement of uzbekistan in the form of financial, weapons and logistical support in exchange for providing the taliban with soldiers. he was a commander of approximately 3 000 taliban front-line troops in the takhar province in october 2001. (82) allah dad tayeb wali muhammad (alias (a) allah dad tayyab, (b) allah dad tabeeb) title: (a) mullah, (b) haji. grounds for listing: deputy minister of communication under the taliban regime. date of birth: approximately 1963. place of birth: (a) ghorak district, kandahar province, afghanistan, (b) nesh district, uruzgan province, afghanistan. nationality: afghan. other information: belongs to popalzai tribe. photo available for inclusion in the interpol-un security council special notice. deceased as of november 2015. date of un designation:25.1.2001. (88) nurullah nuri (alias norullah noori). title: maulavi. grounds for listing: (a) governor of balkh province (afghanistan) under the taliban regime, (b) head of northern zone under the taliban regime. date of birth: (a) approximately 1958, (b) 1 january 1967. place of birth: shahjoe district, zabul province, afghanistan. nationality: afghan. address: qatar. other information: belongs to tokhi tribe. date of un designation:25.1.2001. (90) mohammed omar ghulam nabi title: mullah. grounds for listing: leader of the faithful (amir ul- mumineen), afghanistan. date of birth: (a) approximately 1966, (b) 1960, (c) 1953. place of birth: (a) naw deh village, deh rawud district, uruzgan province, afghanistan, (b) noori village, maiwand district, kandahar province, afghanistan. nationality: afghan. other information: (a) father's name is ghulam nabi, also known as mullah musafir, (b) left eye missing, (c) brother-in-law of ahmad jan akhundzada shukoor akhundzada, (d) believed to be in the afghanistan/ pakistan border area, (e) belongs to hotak tribe. reportedly deceased as of april 2013. date of un designation:31.1.2001. additional information from the narrative summary of reasons for listing provided by the sanctions committee: mohammed omar holds the title of commander of the faithful of the islamic emirate of afghanistan and is the supreme leader of the taliban movement in the taliban hierarchy. he sheltered usama bin laden and his al-qaida network in the years prior to the 11 september 2001 attacks in the united states. he has been directing the taliban against the government of afghanistan and their allies in afghanistan since 2001. mohammed omar commands the allegiance of other prominent military leaders in the region, such as jalaluddin haqqani. gulbuddin hekmatyar has also cooperated with mohammed omar and the taliban. (97) mohammad hasan rahmani (alias gud mullah mohammad hassan). title: mullah. grounds for listing: governor of kandahar province (afghanistan) under the taliban regime. date of birth: approximately 1963. place of birth: (a) deh rawud district, uruzgan province, afghanistan, (b) chora district, uruzgan province, afghanistan, (c) charchino district, uruzgan province, afghanistan. nationality: afghan. other information: (a) has a prosthetic right leg, (b) member of taliban supreme council as of mid-2013, acted as deputy of mullah mohammed omar in march 2010, (c) believed to be in afghanistan/pakistan border area, (d) belongs to achekzai tribe. deceased as of 9 february 2016. date of un designation:23.2.2001. (113) sher mohammad abbas stanekzai padshah khan title: maulavi. grounds for listing: (a) deputy minister of public health under the taliban regime, (b) deputy minister of foreign affairs under the taliban regime. date of birth: approximately 1963. place of birth: qala-e-abbas, shah mazar area, baraki barak district, logar province, afghanistan. nationality: afghan. other information: believed to be in the afghanistan/pakistan border area. picture available for inclusion in the interpol-un security council special notice. date of un designation:25.1.2001. (119) abdul-haq wassiq (alias: (a) abdul-haq wasseq, (b) abdul haq wasiq) title: maulavi. grounds for listing: deputy minister of security (intelligence) under the taliban regime. date of birth: (a) approximately 1975, (b) 1971. place of birth: gharib village, khogyani district, ghazni province, afghanistan. nationality: afghan. address: qatar. date of un designation:31.1.2001. additional information from the narrative summary of reasons for listing provided by the sanctions committee: abdul-haq wassiq is allied with gulbuddin hekmatyar. under the taliban regime, he held successive positions as local commander in nimroz and kandahar provinces. he then became deputy director-general of intelligence, reporting to qari ahmadullah. in this function, he was in charge of handling relations with al-qaida related foreign fighters and their training camps in afghanistan. he was also known for his repressive methods against taliban opponents in the south of afghanistan. (123) mohammad zahid (alias (a) jan agha ahmadzai (b) zahid ahmadzai) title: mullah. grounds for listing: third secretary, taliban embassy, islamabad, pakistan. date of birth: 1971. place of birth: logar province, afghanistan. nationality: afghan. passport number: d 001206 (issued on 17.7.2000). other information: believed to be in afghanistan/pakistan border area. picture available for inclusion in the interpol-un security council special notice. date of un designation:25.1.2001. (139) rahmatullah shah nawaz name (original script): title: alhaj designation: na dob: (a) 1981 (b) 1982 pob: shadal (variant shadaal) bazaar, achin district, nangarhar province, afghanistan good quality a.k.a.: (a) qari rahmat (previously listed as) (b) kari rahmat low quality a.k.a.: na nationality: afghan passport no.: na national identification no.: na address: (a) kamkai village, achin district, nangarhar province, afghanistan (b) kamkai village, achin district, nangarhar province, afghanistan (c) surkhel village, achin district, nangarhar province, afghanistan (d) batan village, achin district, nangarhar province, afghanistan. listed on: 21 aug. 2014 (amended on 21 jul. 2016) other information: physical description: eye colour: brown, hair colour: black, weight: 77-81 kg, height: 178 cm short-to-medium black beard, short black hair. belongs to shinwari tribe, sepahi sub-tribe. a taliban commander since at least feb. 2010. collects taxes and bribes on behalf of the taliban as of april 2015. liaises with and provides taliban operatives in nangarhar province, afghanistan, with information, guidance, housing and weapons and has emplaced improvised explosive devices (ied) and conducted attacks against international security assistance force (isaf) and afghan forces. involved in drug trafficking and operates heroin laboratory in abdulkhel village, achin district, nangarhar province, afghanistan. date of un designation: 21.8.2014.

name: council decision (eu) 2016/1741 of 20 september 2016 on the conclusion, on behalf of the european union, of the agreement between the european union and the republic of palau on the short--stay visa waiver type: decision subject matter: european construction; international law; asia and oceania; international affairs date published: 2016-09-30 30.9.2016 en official journal of the european union l 264/21 council decision (eu) 2016/1741 of 20 september 2016 on the conclusion, on behalf of the european union, of the agreement between the european union and the republic of palau on the short--stay visa waiver the council of the european union, having regard to the treaty on the functioning of the european union, and in particular point (a) of article 77(2), in conjunction with point (a)(v) of the second subparagraph of article 218(6), thereof, having regard to the proposal from the european commission, having regard to the consent of the european parliament (1), whereas: (1) the commission has negotiated on behalf of the european union an agreement with the republic of palau on the short-stay visa waiver (the agreement). (2) in accordance with council decision (eu) 2015/2377 (2), the agreement has been signed and is applied on a provisional basis as from 8 december 2015. (3) the agreement sets up a joint committee of experts for the management of the agreement. the union is to be represented within that joint committee by the commission, which should be assisted by the representatives of the member states. (4) this decision constitutes a development of the provisions of the schengen acquis in which the united kingdom does not take part, in accordance with council decision 2000/365/ec (3); the united kingdom is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (5) this decision constitutes a development of the provisions of the schengen acquis in which ireland does not take part, in accordance with council decision 2002/192/ec (4); ireland is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (6) the agreement should be approved, has adopted this decision: article 1 the agreement between the european union and the republic of palau on the short-stay visa waiver is hereby approved on behalf of the union. article 2 the president of the council shall give, on behalf of the union, the notification provided for in article 8(1) of the agreement (5). article 3 the commission, assisted by the representatives of the member states, shall represent the union within the joint committee of experts set up pursuant to article 6 of the agreement. article 4 this decision shall enter into force on the day of its adoption. done at brussels, 20 september 2016. for the council the president i. kor ok (1) consent given on 8 june 2016 (not yet published in the official journal). (2) council decision (eu) 2015/2377 of 26 october 2015 on the signing, on behalf of the european union, and provisional application of the agreement between the european union and the republic of palau on the short-stay visa waiver (oj l 332, 18.12.2015, p. 11). (3) council decision 2000/365/ec of 29 may 2000 concerning the request of the united kingdom of great britain and northern ireland to take part in some of the provisions of the schengen acquis (oj l 131, 1.6.2000, p. 43). (4) council decision 2002/192/ec of 28 february 2002 concerning ireland's request to take part in some of the provisions of the schengen acquis (oj l 64, 7.3.2002, p. 20). (5) the date of entry into force of the agreement will be published in the official journal of the european union by the general secretariat of the council.

name: council decision (eu) 2016/1743 of 20 september 2016 on the conclusion, on behalf of the european union, of the agreement between the european union and the republic of colombia on the short-stay visa waiver type: decision subject matter: international law; america; european construction; international affairs date published: 2016-09-30 30.9.2016 en official journal of the european union l 264/25 council decision (eu) 2016/1743 of 20 september 2016 on the conclusion, on behalf of the european union, of the agreement between the european union and the republic of colombia on the short-stay visa waiver the council of the european union, having regard to the treaty on the functioning of the european union, and in particular point (a) of article 77(2), in conjunction with point (a)(v) of the second subparagraph of article 218(6), thereof, having regard to the proposal from the european commission, having regard to the consent of the european parliament (1), whereas: (1) the commission has negotiated on behalf of the european union an agreement with the republic of colombia on the short-stay visa waiver (the agreement). (2) in accordance with council decision (eu) 2015/2399 (2), the agreement has been signed and is applied on a provisional basis as from 3 december 2015. (3) the agreement sets up a joint committee of experts for the management of the agreement. the union is to be represented within that joint committee by the commission, which should be assisted by the representatives of the member states. (4) this decision constitutes a development of the provisions of the schengen acquis in which the united kingdom does not take part, in accordance with council decision 2000/365/ec (3); the united kingdom is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (5) this decision constitutes a development of the provisions of the schengen acquis in which ireland does not take part, in accordance with council decision 2002/192/ec (4); ireland is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (6) the agreement should be approved, has adopted this decision: article 1 the agreement between the european union and the republic of colombia on the short-stay visa waiver is hereby approved on behalf of the union. article 2 the president of the council shall give, on behalf of the union, the notification provided for in article 8(1) of the agreement (5). article 3 the commission, assisted by the representatives of the member states, shall represent the union within the joint committee of experts set up pursuant to article 6 of the agreement. article 4 this decision shall enter into force on the day of its adoption. done at brussels, 20 september 2016. for the council the president i. kor ok (1) consent given on 8 june 2016 (not yet published in the official journal). (2) council decision (eu) 2015/2399 of 26 october 2015 on the signing, on behalf of the european union, and provisional application of the agreement between the european union and the republic of colombia on the short-stay visa waiver (oj l 333, 19.12.2015, p. 1). (3) council decision 2000/365/ec of 29 may 2000 concerning the request of the united kingdom of great britain and northern ireland to take part in some of the provisions of the schengen acquis (oj l 131, 1.6.2000, p. 43). (4) council decision 2002/192/ec of 28 february 2002 concerning ireland's request to take part in some of the provisions of the schengen acquis (oj l 64, 7.3.2002, p. 20). (5) the date of entry into force of the agreement will be published in the official journal of the european union by the general secretariat of the council.

name: decision (eu) 2016/1734 of the european central bank of 21 september 2016 amending decision ecb/2013/54 on the accreditation procedures for manufacturers of euro secure items and euro items (ecb/2016/25) type: decision subject matter: monetary economics; monetary relations; technology and technical regulations date published: 2016-09-29 29.9.2016 en official journal of the european union l 262/30 decision (eu) 2016/1734 of the european central bank of 21 september 2016 amending decision ecb/2013/54 on the accreditation procedures for manufacturers of euro secure items and euro items (ecb/2016/25) the governing council of the european central bank, having regard to the treaty on the functioning of the european union, and in particular article 128(1) thereof, having regard to the statute of the european system of central banks and of the european central bank, and in particular article 12.1, article 16 and article 34.3 thereof, whereas: (1) article 128(1) of the treaty and article 16 of the statute of the european system of central banks and of the european central bank provide that the european central bank (ecb) has the exclusive right to authorise the issue of euro banknotes within the union. this right includes the competence to take measures to protect the integrity of euro banknotes as a means of payment and in doing so to also have the possibility to amend the scope of such competence from time to time so that the means available for ensuring the intergrity of euro banknotes remain appropriate. (2) in order to ensure the integrity of euro banknotes, accredited manufacturers are therefore subject to continuing obligations in decision ecb/2013/54 (1). certain continuing obligations should be amended following the practical experience gained after the entry into force of decision ecb/2013/54. (3) measures that might affect an accredited manufacturer's accreditation status, including the transfer or assignment of an existing accreditation, should be allowed where the ecb has given its prior written consent to such a measure. the obligation to inform the ecb about changes of ownership structure should be limited to cases where such a change of ownership structure may directly or indirectly enable an entity involved in the intended change of ownership structure to gain access to confidential information. (4) in addition, the executive board should be put in a position to implement economic sanctions in the field of common foreign and security policy and to take into consideration sanctions imposed under international agreements. likewise other relevant instruments may be taken into account such as un security council resolutions. (5) therefore decision ecb/2013/54 should be amended accordingly, has adopted this decision: article 1 amendment article 12 of decision ecb/2013/54 is replaced by the following: article 12 continuing obligations of accredited manufacturers 1. an accredited manufacturer shall keep the substantive requirements confidential. 2. an accredited manufacturer shall provide the ecb, for the relevant manufacturing site, with a copy of the relevant certificate referred to in article 4(3) each time any such certificate is renewed or changed within three months from the relevant date of continuation or change. an accredited manufacturer shall immediately inform the ecb in writing if any of the certificates referred to in article 4(3) are revoked. 3. an accredited manufacturer shall immediately inform the ecb in writing if it intends to carry out any of the following acts: (a) change any of the arrangements at the relevant manufacturing site after accreditation has been granted in any way that affects, or may affect, compliance with the relevant accreditation requirements, including changes to the details referred to in article 5(2)(a) to (d); (b) transfer or assign its accreditation to a third party, including any of its subsidiaries and associated companies; (c) change its ownership structure, where such change of ownership structure may directly or indirectly enable an entity involved in the intended change of the ownership structure to gain access to confidential information such as substantive requirements for which the accredited manufacturer is required to safeguard confidentiality under applicable ecb legal acts or under contractual obligations vis- -vis the ecb, one or more ncbs or one or more accredited manufacturers; (d) initiate a procedure for the winding-up of the manufacturer or any analogous procedure; (e) reorganise its business or structure in any way that might affect the activity for which accreditation has been granted; (f) subcontract or involve third parties, other than the accredited manufacturer's employees, in a euro items activity or euro secure activity for which the manufacturer has accreditation, regardless of whether the subcontracting or involvement of third parties in a euro items activity or euro secure activity is to be carried out at the relevant manufacturing site or at another site; (g) outsource or transfer any part of the euro secure activity or euro items activity or any euro secure items or euro items to a third party, including the manufacturer's subsidiaries and associated companies. 4. an accredited manufacturer may only involve a third party, including any of the accredited manufacturer's subsidiaries and associated companies, in the activities referred to in points (f) and (g) of paragraph 3 under the condition that the third party has been granted accreditation or provisional accreditation in accordance with article 2. the third party shall confirm in writing to the ecb in the initiation request for a provisional accreditation if it intends to carry out the euro secure activity or the euro items activity without changes to any of the arrangements at the relevant manufacturing site for which the ecb has granted the transferring or assigning accredited manufacturer an accreditation or provisional accreditation. in this case, the ecb may limit its assessment of the initiation request to an assessment of the information and documentation provided by the manufacturer in the written confirmation, unless major non-compliance with the relevant substantive requirements at the relevant manufacturing site has been detected during inspections of the relevant manufacturing site and has not yet been remedied. 5. the ecb's prior written consent shall be required before an accredited manufacturer carries out any of the acts listed in paragraph 3. the executive board may refuse to grant the ecb's prior written consent, or may grant the ecb's prior written consent only under the condition that restrictions or obligations to act are complied with by the requesting entity or entities, in the following situations. (a) where it has reasonable doubts about the requesting entity or entities' compliance with any relevant accreditation requirement. (b) where an entity which is involved in the intended activity is (i) located in a third state which is not a member state of the union or a member state of the european free trade association, or (ii) located in a member state of the union or of the european free trade association but whose conduct of business is controlled, via ownership, partial ownership or other means of direct or indirect control, by entities based outside a member state of the union or of the european free trade association. when taking a decision on granting consent, the executive board shall take into consideration whether the act for which consent is sought could be seen as in conflict with sanctioning regimes possibly affecting the involved entity, such as: (i) any decision or regulation of the council of the european union on economic sanctions in the field of common foreign and security policy or an expressed aim or the intention of such a decision or regulation; (ii) any obligation of the member states which is provided for in directly applicable union legal acts to implement economic sanctions in the field of common foreign and security policy; (iii) any international agreement which has been approved by the legislative bodies of the union or of all member states whose currency is the euro. restrictions and obligations to act shall be limited in nature and scope to the extent necessary to achieve the objective stated in the executive board's decision. they shall be framed in a manner which intervenes as little as possible in the freedom to carry out economic activity. the governing council shall be notified immediately of any decision of the executive board to refuse the ecb's prior written consent or to grant the ecb's prior written consent only under the condition that restrictions or obligations to act are complied with by the requesting entity or entities. the executive board shall be entitled to sub-delegate the power to grant the ecb's written consent to the ecb's operational level in cases where all relevant accreditation requirements are complied with and no entity which is involved in the intended activity is located outside the european union or the european free trade association. 6. an accredited manufacturer shall immediately inform the ecb in writing if it carries out any of the acts referred to under paragraph 3, regardless of whether the ecb's prior written consent has been granted, or if any of the following events occurs: (a) commencement of any procedure for the winding-up of the manufacturer or any analogous procedure; (b) commencement of any procedure for the reorganisation of the manufacturer in any way that might affect the activity for which accreditation has been granted; (c) appointment of a liquidator, receiver, administrator or similar officer in relation to the manufacturer; or (d) the lapse of an uninterrupted period of 34 months since its last production. 7. an accredited manufacturer with provisional accreditation shall immediately inform the ecb when it receives an official order to produce from another accredited manufacturer, an ncb or the ecb, so that relevant inspections can take place as soon as possible. the notification shall include information about the official order to produce and the planned start and end date of production. 8. an accredited manufacturer with a provisional accreditation shall provide the ecb with the information on environmental, health and safety aspects as required in the relevant substantive requirements. 9. if an accredited manufacturer is a printing works, it shall arrange for the conduct of analysis on the chemical substances of finished euro banknotes and shall report to the ecb in accordance with the relevant environmental, health and safety requirements. article 2 final provisions this decision shall take effect on the day of its notification to the addressees. it shall apply from 1 november 2016. article 3 addressees this decision is addressed to manufacturers of euro secure items and euro items and to the national central banks of member states whose currency is the euro, whenever the latter perform stock-checks, checks on destruction or checks on transport. done at frankfurt am main, 21 september 2016. the president of the ecb mario draghi (1) decision ecb/2013/54 of 20 december 2013 on the accreditation procedures for manufacturers of euro secure items and euro items and amending decision ecb/2008/3 (oj l 57, 27.2.2014, p. 29).

name: council decision (cfsp) 2016/1711 of 27 september 2016 amending common position 2001/931/cfsp on the application of specific measures to combat terrorism type: decision subject matter: international affairs; defence; america; social affairs; politics and public safety date published: 2016-09-27 27.9.2016 en official journal of the european union li 259/3 council decision (cfsp) 2016/1711 of 27 september 2016 amending common position 2001/931/cfsp on the application of specific measures to combat terrorism the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 27 december 2001, the council adopted common position 2001/931/cfsp (1) applying certain restrictive measures to persons, groups and entities listed in the annex. (2) in view of the colombia peace agreement the measures against one entity should be suspended, subject to a specific review by the council after six months. (3) common position 2001/931/cfsp should therefore be amended accordingly, has adopted this decision: article 1 common position 2001/931/cfsp is amended as follows: in article 5, the following paragraph is added: the measures referred to in articles 2, 3 and 4, in so far as they apply to fuerzas armadas revolucionarias de colombia farc ( revolutionary armed forces of colombia ), shall be suspended. 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, 27 september 2016. for the council the president f. mogherini (1) council common position 2001/931/cfsp of 27 december 2001 on the application of specific measures to combat terrorism (oj l 344, 28.12.2001, p. 93).

name: commission implementing decision (eu) 2016/1701 of 19 august 2016 laying down rules on the format for the submission of work plans for data collection in the fisheries and aquaculture sectors (notified under document c(2016) 5304) type: decision_impl subject matter: management; fisheries; information technology and data processing date published: 2016-09-27 27.9.2016 en official journal of the european union l 260/153 commission implementing decision (eu) 2016/1701 of 19 august 2016 laying down rules on the format for the submission of work plans for data collection in the fisheries and aquaculture sectors (notified under document c(2016) 5304) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 508/2014 of the european parliament and of the council of 15 may 2014 on the european maritime and fisheries fund and repealing council regulations (ec) no 2328/2003, (ec) no 861/2006, (ec) no 1198/2006 and (ec) no 791/2007 and regulation (eu) no 1255/2011 of the european parliament and of the council (1), and in particular article 22(1)(d) thereof, whereas: (1) article 25 of regulation (eu) no 1380/2013 of the european parliament and of the council (2) requires the member states to collect biological, environmental, technical and socioeconomic data necessary for fisheries management. (2) according to article 21(1) of regulation (eu) no 508/2014, member states shall submit to the commission by electronic means work plans for data collection in accordance with article 4(4) of council regulation (ec) no 199/2008 (3) by 31 october of the year preceding the year from which the work plan is to apply. (3) according to article 21(2) of regulation (eu) no 508/2014, these work plans have to be approved by the commission by means of implementing acts by 31 december of the year preceding the year from which the work plan is to apply. (4) according to article 22(1)(d) of regulation (eu) no 508/2014, the commission may adopt implementing acts laying down rules on procedures, format and timetables for the submission of these work plans. (5) it is appropriate to take into account the most recent data requirements needed for the implementation of the common fisheries policy as set in the multiannual union programme for the collection, management and use of data in the fisheries and aquaculture sector for the period 2017-2019 (4) and to indicate what information member states have to provide when submitting their work plans in order to ensure consistency with the multiannual union programme and to ensure its homogenous implementation across the union. (6) the commission has taken account of the recommendations made by the scientific, technical and economic committee for fisheries (stecf). representatives of member states gathered in dedicated expert groups have also been consulted. (7) the measures provided for in this decision are in accordance with the opinion of the committee for the european maritime and fisheries fund, has adopted this decision: article 1 content of work plans 1. the content of work plans for data collection for the period 2017-2019, as referred to in article 21 of regulation (eu) no 508/2014, shall be presented in accordance with the model set out in the annex to this decision. 2. for the purpose of this annex, definitions set out in council regulation (ec) no 1224/2009 (5), commission implementing regulation (eu) no 404/2011 (6), regulation (eu) no 1380/2013 and the multiannual union programme shall apply. 3. the work plans drawn up by member states shall contain a description of: (a) data to be collected in accordance with the multiannual union programme; (b) the temporal and spatial distribution and the frequency by which the data will be collected; (c) the source of the data, the procedures and methods to collect and process the data into the data sets that will be provided to end-users; (d) the quality assurance and quality control framework to ensure adequate quality of the data; (e) how and when the data will be available, taking into account the needs defined by the end-users of scientific advice; (f) the international and regional cooperation and coordination arrangements, including bilateral and multilateral agreements; and (g) how the international obligations of the union and its member states have been taken into account. (4) the contents and format of the above descriptions shall follow the requirements set out in articles 2 to 8 as further specified in the annex to this decision. article 2 data to be collected in accordance with the multiannual union programme 1. member states shall collect the data specified in annex i in accordance with the multiannual union programme. 2. the correlation between the tables of the multiannual union programme and the tables and text for the work plan are set out in annex ii. article 3 temporal and spatial distribution and the frequency by which data will be collected 1. specifications on temporal and spatial distribution and frequency shall follow the requirements as set in chapter iii of the multiannual union programme. when no such requirements are set, member states shall establish and describe specifications on temporal and spatial distribution or frequency taking into account historic time series, cost-effectiveness, any relevant marine region coordination and end-user needs. 2. specifications on temporal and spatial distribution or frequency by which data are to be collected shall be reported in: (a) table 4a and table 4b for data obtained during sampling of commercial fisheries; (b) table 1a and table 1b for biological data obtained from research surveys and commercial fisheries; (c) table 1d for data obtained during sampling of recreational fisheries; (d) table 1e for data obtained during sampling of the relevant anadromous and catadromous species; (e) table 1g for data obtained from research surveys; (f) table 3a for economic and social data on fisheries; (g) table 3b for economic and social data on aquaculture; and (h) table 3c for economic and social data on the processing industry. article 4 source of data, procedures and methods to collect and process data 1. when data are primarily collected through the application of regulation (ec) no 199/2008, as defined in article 1(1)(a) of that regulation, the source of data shall be described in: (a) table 1c; (b) table 1d; (c) table 1e; (d) table 3a; (e) text box 3a; (f) table 3b; (g) text box 3b; (h) table 3c; and (i) text box 3c. 2. when data are collected under other legal acts than regulation (ec) no 199/2008, as defined in article 15(1)(a) of that regulation, the source of data shall be described in: (a) table 2a; (b) text box 2a; (c) table 3a, where relevant; and (d) text box 3a, where relevant. 3. where the multiannual union programme refers to a pilot study or simplified methodology, member states shall describe such a study, including the aim, duration, methodology and expected outcomes in: (a) pilot study 1 of section 1; (b) pilot study 2 of section 1; (c) pilot study 3 of section 3; and (d) pilot study 4 of section 3. 4. the planned sampling designs shall be described in table 4a, text box 4a and table 4b. the reference population, that will be used for the selection of the sampling population, shall be described in table 4c and in table 4d. where sampling is carried out by observers on board or at shore, the fraction of the catch that is sampled shall be indicated, so as to specify whether all species, only commercial species or only certain taxa of the catch are covered. 5. methodologies, definition and calculation of social and economic variables shall follow commonly accepted guidelines by expert bodies to the european commission, where relevant. when this is not the case, member states shall clearly describe and justify the adopted approach in: (a) text box 3a; (b) text box 3b; and (c) text box 3c. 6. member states shall coordinate with a view to design and implement methods on an eu-wide or regional basis, in order to correct and impute data for those parts of the sampling plans which are not sampled or are inadequately sampled. imputation methods shall take into account guidelines and methods adopted by international statistical organisations. imputed data should be clearly flagged when reporting to end-users. article 5 quality assurance and quality control 1. a quality assurance and quality control framework shall be described in publicly available documents referred to in the work plans, where appropriate. it shall establish the general principles, methods and tools that can provide guidance and evidence for an effective and common approach at european and national level. 2. methods related to quality shall be described in: (a) table 5a for catch-sampling schemes, sampling schemes for recreational fisheries, sampling schemes for anadromous and catadromous species and research surveys at sea; (b) table 5b for fishing activity variables, economic and social data for fisheries, economic and social data for aquaculture and economic and social data for the processing industry; (c) text box 2a; (d) text box 3a; (e) text box 3b; and (f) text box 3c. 3. where data are to be collected by sampling, member states shall use statistically sound designs that follow guidelines for good practice provided by the commission, the international council for the exploration of the sea (ices), stecf or other expert bodies to the european commission. the description of sampling schemes shall include, but not be limited to, the specification of the purposes, design, expected execution difficulties (including non response and refusals), data archiving, quality assurance procedures and analysis methods. this description shall also cover the definition of the sampling units, sampling frames and their coverage of the target population (including criteria used for coverage), stratification schemes and sample selection methods for primary, secondary and lower level sampling units. where quantitative targets can be defined, they may be specified either directly by sample sizes or sampling rates, or by the definition of the levels of precision and of confidence to be achieved. for census data, member states shall indicate if all segments are covered, which parts of the total population are missed and how these parts are estimated. the quality of sampling data shall be demonstrated using quality indicators related to precision and potential for bias, where appropriate. article 6 availability of data to end-users for the purpose of describing when data will be made available to end-users, table 6a shall be used. article 7 regional and international cooperation and coordination arrangements 1. member states shall set out in table 7a in which relevant regional and international meetings they participate and in table 7b on how agreed recommendations at marine region level or at eu-wide level, where appropriate, are followed up. if these recommendations are not followed up, member states shall explain the reasons in the comments section of table 7b. the effect these recommendations will have on their data collection shall be indicated. 2. member states shall report in table 7c all relevant information on agreements with other member states. this information shall identify which member state collects which part of the data and ensures that all data collection is covered, specify the duration of the agreement and identify which member state will be responsible for data transmission to end-users. 3. notwithstanding the research surveys at sea listed in table 10 of the multiannual union programme, member states may take into consideration the needs of end-users when planning the survey effort or sampling design, provided that this does not negatively affect the quality of the results and provided that this is coordinated at marine region level. member states may agree to redistribute certain tasks and contributions with other member states in the same region. if agreement is reached on distribution of tasks with other member states, the participation (physical and/or financial) in each individual survey as well as the reporting and transmission obligations of each member state shall be stated in text box 1g. article 8 international obligations member states shall include all the relevant data collection requirements stemming from their international obligations in the following tables: (a) table 1a; (b) table 1b; (c) table 1c; (d) table 4a; (e) table 4b; (f) table 7b; and (g) table 7c. this applies to the regional fisheries management organisations (rfmos)/regional fisheries bodies (rfbs) to which these member states or the union are contracting parties, as well as to the sustainable fisheries partnership agreements (sfpas) under which their fleets operate. article 9 this decision is addressed to the member states. done at brussels, 19 august 2016. for the commission karmenu vella member of the commission (1) oj l 149, 20.5.2014, p. 1. (2) regulation (eu) no 1380/2013 of the european parliament and of the council of 11 december 2013 on the common fisheries policy, amending council regulations (ec) no 1954/2003 and (ec) no 1224/2009 and repealing council regulations (ec) no 2371/2002 and (ec) no 639/2004 and council decision 2004/585/ec (oj l 354, 28.12.2013, p. 22). (3) council regulation (ec) no 199/2008 of 25 february 2008 concerning the establishment of a community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy (oj l 60, 5.3.2008, p. 1). (4) commission implementing decision (eu) 2016/1251 of 12 july 2016 adopting a multiannual union programme for the collection, management and use of data in the fisheries and aquaculture sectors for the period 2017-2019 (oj l 207, 1.8.2016, p. 113). (5) council regulation (ec) no 1224/2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy, amending regulations (ec) no 847/96, (ec) no 2371/2002, (ec) no 811/2004, (ec) no 768/2005, (ec) no 2115/2005, (ec) no 2166/2005, (ec) no 388/2006, (ec) no 509/2007, (ec) no 676/2007, (ec) no 1098/2007, (ec) no 1300/2008, (ec) no 1342/2008 and repealing regulations (eec) no 2847/93, (ec) no 1627/94 and (ec) no 1966/2006 (oj l 343, 22.12.2009, p. 1). (6) commission implementing regulation (eu) no 404/2011 of 8 april 2011 laying down detailed rules for the implementation of council regulation (ec) no 1224/2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy (oj l 112, 30.4.2011, p. 1). annex i content section 1: biological data table 1a: list of required stocks table 1b: planning of sampling for biological variables table 1c: sampling intensity for biological variables table 1d: recreational fisheries pilot study 1: relative share of catches of recreational fisheries compared to commercial fisheries table 1e: anadromous and catadromous species data collection in fresh water text box 1e: anadromous and catadromous species data collection in fresh water table 1f: incidental by-catch of birds, mammals, reptiles and fish pilot study 2: level of fishing and impact of fisheries on biological resources and marine ecosystem table 1g: list of research surveys at sea text box 1g: list of research surveys at sea table 1h: research survey data collection and dissemination section 2: fishing activity data table 2a: fishing activity variables data collection strategy text box 2a: fishing activity variables data collection strategy section 3: economic and social data table 3a: population segments for collection of economic and social data for fisheries text box 3a: population segments for collection of economic and social data for fisheries pilot study 3: data on employment by education level and nationality table 3b: population segments for collection of economic and social data for aquaculture text box 3b: population segments for collection of economic and social data for aquaculture pilot study 4: environmental data on aquaculture table 3c: population segments for collection of economic and social data for the processing industry text box 3c: population segments for collection of economic and social data for the processing industry section 4: sampling strategy for biological data from commercial fisheries table 4a: sampling plan description for biological data text box 4a: sampling plan description for biological data table 4b: sampling frame description for biological data table 4c: data on the fisheries by member state table 4d: landing locations section 5: data quality table 5a: quality assurance framework for biological data table 5b: quality assurance framework for socioeconomic data section 6: data availability table 6a: data availability section 7: coordination table 7a: planned regional and international coordination table 7b: follow-up of recommendations and agreements table 7c: bi- and multilateral agreements section 1 biological data table 1a list of required stocks wp wp date of submission 31.10.2016 ms reference years species region rfmo/rfo/io area/stock selected for sampling (y/n) average landings in the reference years (tons) eu tac (if any) (%) share (%) in eu landings threshold (y/n) comments gbr 2013-2015 gadus morhua north sea and eastern arctic ices iiia, iv, viid y 180 8 gbr 2013-2015 solea solea north atlantic ices viia y 515 16 gbr 2013-2015 solea solea north atlantic ices viie n 75 3 gbr 2013-2015 nephrops norvegicus north sea and eastern arctic ices iv, fu 33 y 150 6 ita 2013-2015 boops boops mediterranean and black sea gfcm gsa17 n 240 7 esp 2013-2015 merluccius merluccius mediterranean and black sea gfcm gsa06 y 3 500 60 esp 2013-2015 merluccius merluccius mediterranean and black sea gfcm gsa07 y 3 500 60 general comment: this table fulfils paragraph 2 point (a)(i)(ii)(iii) of chapter iii of the multiannual union programme and article 2, article 3 and article 8 of this decision. this table is intended to specify data to be collected under tables 1(a), 1(b) and 1(c) of the multiannual union programme. use this table to give an overview of the collection of data at the level of area/stock. all individuals sampled shall be identified to species level and have length measurements taken, where possible. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. reference years member state shall report the year(s) to which the data actually refer. member state shall select the three most recent years with data available. give the reference year/years as 2013-2015. species member state shall report (in latin) the name of the species/stocks for which biological variables sampling is required according to the tables 1(a), 1(b) and 1(c) of the multiannual union programme, for all areas where the member state's fishing fleet is operating. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if information refers to all regions, insert all regions. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. area/stock member state shall indicate the area of the mentioned species/stock, in accordance with tables 1(a), 1(b) and 1(c) of the multiannual union programme (e.g. gsa 16; ices areas i, ii; ices areas iiia, iv, viid, etc.). selected for sampling (y/n) member state shall indicate by y (yes) or n (no) whether the species/stock has been selected for sampling. indicate y (yes) if the species/stock is selected for sampling for at least one variable of table 1b of this annex. average landings in the reference years (tons) average landings for each species and stock over the most recent 3-year reference period. while entering the landings data, member state shall take into account the following conventions: if the species is not landed at all, then enter none. if the average landings are less than 200 t, then do not enter the average landings figure, but enter < 200 instead. if the average landings exceed 200 t, then enter the average landings figure for the most recent 3-year reference period. average landings figures may be rounded to the nearest 5 or 10 t. eu tac (if any) (%) only applies to stocks that are subject to tac and quota regulations. in this column member state shall: enter none, if the member state has no share in the eu tac of the stock concerned, enter the exact share if the member state has a share in the eu tac of the stock concerned. share (%) in eu landings applies to (i) all stocks in the mediterranean; and (ii) all stocks outside the mediterranean for which no tacs have been defined yet. in this column member state shall: enter none, if the member state has no landings of the stock concerned, enter the exact share, if the member state has landings of the stock concerned, in the case that the member state wants to invoke a threshold. threshold (y/n) member state shall indicate by y (yes) or n (no) whether, for the reported species/stock, a threshold applies, according to chapter v of the multiannual union programme. comments any further comment. table 1b planning of sampling for biological variables wp wp date of submission 31.10.2016 ms species region rfmo/rfo/io area/stock frequency length age weight sex ratio sexual maturity fecundity comments 2017 2018 2019 2017 2018 2019 2017 2018 2019 2017 2018 2019 2017 2018 2019 2017 2018 2019 prt pleuronectes platessa north sea and eastern arctic ices iv x x x not applicable prt nephrops norvegicus north atlantic ices fu 7 x x x x x x x x x x x x esp merluccius merluccius mediterranean and black sea gfcm gsa06 esp merluccius merluccius mediterranean and black sea gfcm gsa07 general comment: this table fulfils paragraph 2 point (a)(i)(ii)(iii) of chapter iii of the multiannual union programme and article 2, article 3 and article 8 of this decision. this table is intended to specify data to be collected under tables 1(a), 1(b) and 1(c) of the multiannual union programme. for species listed in this table, biological parameters (length, age, weight, sex ratio, maturity and fecundity) shall be collected. for each parameter and year, enter x if data collection has taken place or is planned. this table shall allow to identify in which year(s) data is/will be collected by the member state. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. species member state shall report (in latin) the name of the species/stocks for which biological variables sampling is required according to tables 1(a), 1(b) and 1(c) of the multiannual union programme, for all areas where the member state's fishing fleet is operating. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if information refers to all regions, insert all regions. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. area/stock member state shall indicate the fishing ground of the mentioned species/stock (e.g. gsa 16; ices areas i, ii; ices areas iiia, iv, viid, etc.). frequency member state shall indicate the frequency at which sampling will take place (m (monthly), q (quarterly), a (annually), o (other) please specify). length member state shall indicate the year(s) in which length will be sampled. age member state shall indicate the year(s) in which age will be sampled. weight member state shall indicate the year(s) in which weight will be sampled. sex ratio member state shall indicate the year(s) in which sex ratio will be sampled. sexual maturity member state shall indicate the year(s) in which sexual maturity will be sampled. fecundity member state shall indicate the year(s) in which fecundity will be sampled. comments any further comment. table 1c sampling intensity for biological variables wp wp date of submission 31.10.2016 ms ms partcipating in sampling sampling year species region rfmo/rfo/io area/stock variables data sources planned minimum no of individuals to be measured at the national level planned minimum no of individuals to be measured at the regional level comments fra fra-gbr-bel 2017 solea solea north sea and eastern arctic ices iiia, iv, viid age commercial fra fra-gbr-bel 2017 solea solea north sea and eastern arctic ices iiia, iv, viid sex surveys fra fra-gbr-bel 2017 solea solea north sea and eastern arctic ices iiia, iv, viid maturity commercial fra fra-gbr-bel 2017 solea solea north sea and eastern arctic ices iiia, iv, viid length commercial fra fra 2017 merluccius merluccius north atlantic ices iiia, iv, vi, vii, viiiab commercial fra fra 2017 merluccius merluccius north atlantic ices iiia, iv, vi, vii, viiiab surveys fra fra 2017 merluccius merluccius north atlantic ices iiia, iv, vi, vii, viiiab surveys fra fra 2017 parapenaeus longirostris mediterranean sea and black sea gfcm gsa09 commercial general comment: this table fulfils paragraph 2 point (a)(i)(ii)(iii) of chapter iii, chapter iv of the multiannual union programme and article 2, article 4 paragraph 1 and article 8 of this decision. this table is intended to specify data to be collected under tables 1(a), 1(b) and 1(c) of the multiannual union programme. explain the sampling strategy planned with regards to the biological variables. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. ms participating in sampling if the sampled activity has been carried out according to a regionally coordinated programme, all participating member states shall be listed. otherwise, the member state responsible for the sampling shall be listed. links to planned regional and international coordination or bi- and multilateral agreements, where available, shall be listed in the comments. sampling year member state shall detail the year or years for planned objectives. different years shall be stated in different rows of the table. all years concerned shall be included. species member state shall report (in latin) the name of the species/stocks for which biological variables sampling is required according to tables 1(a), 1(b) and 1(c), for all areas where the member state's fishing fleet is operating. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if information refers to all regions, insert all regions. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. area/stock member state shall indicate the fishing ground of the mentioned species/stock (e.g. gsa 16; ices areas i, ii; ices areas iiia, iv, viid, etc.). variables member state shall report the variables length, age, weight, sex ratio, sexual maturity and fecundity, as given in table 1b of this annex. combination of species and variables as indicated in table 1b of this annex shall match with this information. data sources member state shall give a keyword description of the main data sources (e.g. surveys, commercial samples, market samples, discard samples, etc.). member state shall report separately the planned sampling for commercial fisheries and surveys. planned minimum no of individuals to be measured at the national level member state shall state the total planned minimum number of fish to be measured at the national level. use comments to briefly define the methodology used to obtain these values (e.g. previous sampling, simulation, etc.). planned minimum no of individuals to be measured at the regional level member state shall state the planned minimum number of fish to sample as part of a regionally coordinated scheme if one exists or, otherwise, na (not applicable) is used. use comments to briefly define the methodology used to obtain these values (e.g. previous sampling, simulation, etc.). comments any further comment. table 1d recreational fisheries wp wp date of submission 31.10.2016 ms sampling year area/emu rfmo/rfo/io species applicable (species present in the ms?) reasons for not sampling threshold (y/n) annual estimate of catch? (y/n) annual percentage of released catch? (y/n) collection of catch composition data? (y/n) type of survey comments gbr 2017 north sea and eastern arctic ices gadus morhua y y y y national estimates of numbers of trips & onsite surveys of catch per unit effort nld 2017 north sea and eastern arctic ices anguilla anguilla y y y y national estimates of numbers of angler & angler diaries gbr 2017 north sea and eastern arctic ices sharks n y y y national estimates of numbers of trips & onsite surveys of catch per unit effort deu 2017 baltic sea ices elasmobranchs y no catches n n baltic sea ices baltic sea ices north atlantic ices north atlantic ices north atlantic ices mediterranean sea and black sea gfcm mediterranean sea and black sea gfcm mediterranean sea and black sea gfcm general comment: this table fulfils paragraph 2 point (a)(iv) of chapter iii of the multiannual union programme and article 2, article 3 and article 4 paragraph 1 of this decision. this table is intended to specify data to be collected under table 3 of the multiannual union programme, which also includes marine and freshwater recreational catches for anadromous and catadromous species. name of the variable guidance ms member state shall be given as iso 3166-1 alpha-3 code, e.g. deu. sampling year member state shall state the year for planned sampling. area/emu member state shall refer to the naming convention used in table 3 of the multiannual union programme in the case of eel, eel management unit (emu) shall be reported. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. species member state shall report (in latin, where possible) the name of the species for which recreational fisheries sampling is required according to table 3 of the multiannual union programme or identified by pilot studies and/or management needs for the recreational fishery (by region). all species shall be included even if the species is/are not present in the member state. applicable (species present in the ms?) member state shall indicate with y (yes) or n (no) if the species is present in the member state. reasons for not sampling if the species is present in the member state, but not collected, member state shall indicate the reason(s) (free text) for not sampling this species, with specific references where appropriate (e.g. species not present in the area, regulations/laws in the country, fit the requested threshold, etc.). threshold (y/n) member state shall indicate by y (yes) or n (no) whether, for the mentioned species, a threshold applies, according to chapter v of the multiannual union programme. annual estimate of catch? (y/n) member state shall indicate by y (yes) or n (no) whether, for the mentioned species, the annual estimate of catch (weight and/or numbers) is planned. annual percentage of released catch? (y/n) member state shall indicate by y (yes) or n (no) whether, for the mentioned species, the annual percentage of released catch (rate of released fish) is planned. collection of catch composition data? (y/n) member state shall indicate by y (yes) or n (no) whether, for the mentioned species, the catch composition (e.g. length structure) is planned. type of survey member state shall indicate the types of survey that will be done to collect data on recreational fisheries (e.g. on-site surveys, telephone surveys, anglers' diaries, etc. or any combination of these). comments any further comment. pilot study 1 relative share of catches of recreational fisheries compared to commercial fisheries general comment: this box fulfils paragraph 4 of chapter v of the multiannual union programme and article 2 and article 4 paragraph (3) point (a) of this decision. 1. aim of pilot study 2. duration of pilot study 3. methodology and expected outcomes of pilot study (max. 900 words) table 1e anadromous and catadromous species data collection in fresh water wp wp date of submission 31.10.2016 ms sampling period area rfmo/rfo/io species applicable (y/n) reasons for not sampling water body life stage fishery/independent data collection method unit planned nos frequency comments fin 2017-2020 baltic nasco salmo salar river aaa parr i electrofishing n. sites 40 fin 2017-2020 baltic nasco salmo salar river aaa smolt i trap n. smolts 4 000 fin 2017-2020 baltic nasco salmo salar river aaa adult i counter n. counter 1 fin 2017-2020 baltic nasco salmo salar river aaa adult f sampling n. samples 100 fin 2017-2020 baltic ices anguilla anguilla river eee glass i electrofishing n. sites 40 fin 2017-2020 baltic ices anguilla anguilla river eee yellow i trap n. smolts 4 000 fin 2017-2020 baltic ices anguilla anguilla river eee silver i counter n. counter 1 gbr 2017-2020 uk northern ices anguilla anguilla n/a glass f sampling n. samples 100 gbr 2017-2020 uk northern ices anguilla anguilla n/a yellow i trap n. traps 1 gbr 2017-2020 uk northern ices anguilla anguilla n/a silver i electrofishing n. sites 20 general comment: this table fulfils paragraph 2 points (b) (c) of chapter iii of the multiannual union programme and article 2, article 3 and article 4 paragraph (1) of this decision. this table is intended to specify data to be collected under table 1(e) of the multiannual union programme. use this table to give an overview of the data to be collected on freshwater commercial fisheries for anadromous and catadromous species. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. sampling period member state shall state the period for planned sampling. area in the case of eel, emu (eel management unit) shall be reported. for all other cases, catchment basin shall be reported. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. species member state shall report (in latin) the name of the species. all species shall be reported even if the species is/are not present in the member state. applicable (y/n) member state shall indicate by y (yes) or n (no) if the species is present in the member state or if fisheries of this species is banned. reasons for not sampling if the species is present in the member state, but not collected, member state shall indicate the reason(s) (free text) for not sampling this species (e.g. species not present in the area, regulations/laws in the member state, fit the requested threshold, etc.). water body member state shall fill with the name of the river/system chosen (e.g. index river). life stage member state shall indicate the life stage of the species (e.g. adult, glass, silver, etc.). fishery/independent data collection member state shall indicate whether data shall be derived from commercial catches (fishery) or from sources other than commercial catches (independent). method member state shall indicate the source(s) of data (e.g. trap, counter, logbooks, etc. or any combination of these methods) from which data will be derived. unit for each method, the planned unit of data reporting shall be indicated (e.g. number of traps, number of counters, number of electrofishing, etc.). planned nos member state shall indicate the quantitative objective planned (in numbers) for the unit chosen. frequency member state shall indicate the frequency at which sampling will take place (m (monthly), q (quarterly), a (annually), o (other) please specify). comments any further comment. text box 1e anadromous and catadromous species data collection in fresh water general comment: this box fulfils paragraph 2 points (b) and (c) of chapter iii of the multiannual union programme and article 2 of this decision. method selected for collecting data. (max. 250 words per area) table 1f incidental by-catch of birds, mammals, reptiles and fish wp wp date of submission 31.10.2016 ms sampling period/year(s) region rfmo/rfo/io sub-area/fishing ground scheme stratum id code group of vulnerable species expected occurence of recordings comments fra 2017-2018 north sea and eastern arctic ices demersal at sea sct sd1-5 birds fra 2017-2018 mediterranean sea and black sea gfcm fra 2017-2018 north sea and eastern arctic ices general comment: this table fulfils paragraph 3 point (a) of chapter iii of the multiannual union programme and article 2 of this decision. this table is intended to specify data to be collected under table 1(d) of the multiannual union programme. explain the sampling strategy planned. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. sampling period/year(s) member state shall state the period for planned sampling. give the sampling year/years as 2017-2018. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if information refers to all regions, insert all regions. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. sub-area/fishing ground member state shall indicate the fishing ground of the mentioned species/stock (e.g. gsa 16; ices areas i, ii; ices areas iiia, iv, viid, etc.). scheme member state shall state the sampling scheme: at markets, at sea, a combination of both methods or other. values shall match those reported in table 4a and table 4b of this annex, unless directed schemes are in place. stratum id code member state shall indicate a unique code to identify each stratum within the scheme. values shall match those reported in table 4a and table 4b of this annex, unless directed schemes are in place. group of vulnerable species member state shall indicate the group of species, based on provision 3(a) of chapter iii of the multiannual union programme. expected occurrence of recordings member state shall indicate the expected occurrence of recordings for individuals caught as incidental by-catch, including releases, in accordance with table 1(d) of the multiannual union programme. fill in with (+/ ) number or x. comments any further comment. pilot study 2 level of fishing and impact of fisheries on biological resources and marine ecosystem general comment: this box fulfils paragraph 3 point (c) of chapter iii of the multiannual union programme and article 2 and article 4 paragraph (3) point (b) of this decision. 1. aim of pilot study 2. duration of pilot study 3. methodology and expected outcomes of pilot study (max. 900 words) table 1g list of research surveys at sea wp wp date of submission 31.10.2016 ms name of survey acronym mandatory (y/n) threshold (y/n) agreed at rcg level ms participation area(s) covered period (month) frequency days at sea planned type of sampling activities planned target map relevant international planning group - rfmo/rfo/io international database comments nld demersal young fish survey ivc sept-oct annual 10 fish hauls 33 fig 7.1 ices pgips nld ns herring acoustic survey iiia, iv july annual 15 echo nm 50 fig 7.2 ices pgips nld ns herring acoustic survey iiia, iv july x 15 plankton hauls 15 fig 7.2 ices pgips general comment: this table fulfils chapter iv and chapter v of the multiannual union programme and article 2 and article 3 of this decision. this table is intended to specify which research surveys at sea set out in table 10 of the multiannual union programme and which additional surveys will be carried out by the member state. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. name of survey member state shall state the name of the survey. for mandatory surveys the name shall be the same as the one used in table 10 of the multiannual union programme. acronym member state shall state the acronym of the survey. for mandatory surveys the acronym shall be the same as the one used in table 10 of multiannual union programme. mandatory (y/n) member state shall enter y (yes) or n (no) if the survey is included in table 10 of the multiannual union programme. threshold (y/n) member state shall enter y (yes) or n (no) if a threshold applies, according to provision 7 of chapter v of the multiannual union programme. if y (yes), describe in more detail in text box 1g of this annex. agreed at rcg level member state shall enter y (yes) or n (no) if the survey is agreed at marine region level. ms participation indicate whether other member state(s) are participating in the survey and the form of participation (f (financial), t (technical), e (effort) or c (combination)). describe in more detail in text box 1g of this annex. if no other member state is participating in the survey, this field shall be filled with na (not applicable). area(s) covered member state shall indicate the areas planned to be covered. for mandatory surveys the area shall be the same as the one used in table 10 of the multiannual union programme. period (month) member state shall indicate the time period (in months) planned to be covered. for mandatory surveys the time period shall be as the one used in table 10 of multiannual union programme. frequency member state shall indicate the frequency of the survey: annual, biennial, triennial, etc. days at sea planned member state shall indicate the days at sea planned at national level. type of sampling activities member state shall state the type of core sampling activities. core sampling activities are those agreed in the relevant group in charge of planning the survey, as opposed to additional sampling activities. use a separate line for each type of sampling activity. member state is prompted to use the following categories: fish hauls, conductivity temperature density (ctd), plankton hauls, etc. planned target member state shall indicate the number of planned sampling activities. map member state shall add reference to the map, as included in text box 1g of this annex. relevant international planning group rfmo/rfo/io member state shall enter the relevant international group in charge of planning the survey and its corresponding rfmo/rfo/io. member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. international database member state shall state the name of the international database, in relation to the data collected under the research survey, or enter no existing database. this applies to the existence of an international database, not to the fact that data are, or are not, uploaded. comments any further comment. text box 1g list of research surveys at sea general comment: this box fulfils chapter iv of the multiannual union programme and article 2 and article 7 paragraph (3) of this decision. it is intended to specify which research surveys at sea set out in table 10 of the multiannual union programme will be carried out. member states shall specify whether the research survey is included in table 10 of the multiannual union programme or whether it is an additional survey. 1. objectives of the survey 2. description of the methods used in the survey. for mandatory surveys, link to the manuals. include a graphical representation (map) 3. for internationally coordinated surveys, describe the participating member states/vessels and the relevant international group in charge of planning the survey 4. where applicable, describe the international task-sharing (physical and/or financial) and the cost-sharing agreement used 5. explain where thresholds apply (max. 450 words per survey) table 1h research survey data collection and dissemination wp wp date of submission 31.10.2016 ms name of survey acronym type of data collected core/additional variable used as basis for advice (y/n) comments nld north sea ibts ibts_ns_q1 biological data for cod iva c y nld north sea ibts ibts_ns_q1 biological data for sprat iva c y nld north sea ibts ibts_ns_q1 herring larvae c y nld north sea ibts ibts_ns_q1 ctd by haul a n nld north sea ibts ibts_ns_q1 litter items in the trawl a n nld north sea ibts ibts_ns_q1 benthos in the trawl a n nld internation blue whiting acoustic survey bwas blue whiting acoustic/biological data c y nld internation blue whiting survey bwas marine mammal observations a n nld international mackerel and horse mackerel egg survey megs mackerel egg production c y nld international mackerel and horse mackerel egg survey megs ctd by haul c y ita mediterranean international bottom trawl survey medits biological data for horse mackerel c y ita mediterranean international bottom trawl survey medits biological data for striped red mullet c y general comment: this table fulfils chapter iv of the multiannual union programme. this table is intended to specify data to be collected in relation to the research surveys at sea that are described in table 1g of this annex. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. name of survey member state shall state the name of the survey. for mandatory surveys the name shall be the same as the one used in table 10 of the multiannual union programme. acronym member state shall state the acronym of the survey. for mandatory surveys the acronym shall be the same as the one used in table 10 of multiannual union programme. type of data collected member state shall state the type of data collected. use a separate line for each type of data collected. member state is prompted to use the following categories: biological data for a given stock, larvae data for a given stock, egg production for a given stock, ctd by haul, litter by haul, marine mammal, turtles, sea bird observations, benthos in the trawl, etc. in the case of multispecies surveys, different stocks may be grouped. core/additional variable core variables are those resulting from core sampling activities driving the survey design. additional variables are all the rest. reporting of additional variables is not mandatory. used as basis of advice (y/n) member state shall enter y (yes) or n (no) if the data collected is expected to be used as basis for advice. member state can specify in the comments the type of advice (stock assessment, integrated ecosystem assessment, national advice, etc.). comments any further comment. section 2 fishing activity data table 2a fishing activity variables data collection strategy wp wp date of submission 31.10.2016 ms supra region region variable group fishing technique length class metiers (level 6) data collected under control regulation appropriate for scientific use (y/n/i) type of data collected under control regulation used to calculate the estimates expected coverage of data collected under control regulation (% of fishing trips) additional data collection (y/n) data collection scheme planned coverage of data collected under complementary data collection (% of fishing trips) comments fra north atlantic north sea and eastern arctic effort beam trawlers 18-< 24 m all metiers i sales notes 50 % y probability sampling survey 5 % fra north atlantic north sea and eastern arctic effort beam trawlers 40 m or larger otbdef8090 y logbooks, vms data, sales notes 100 % n none na fra north atlantic north sea and eastern arctic landings drift and/or fixed netters 12-< 18 m all metiers i fishing forms, sales notes 75 % y indirect survey 10 % fra north atlantic north sea and eastern arctic landings all metiers n na na y non probability sampling survey 5 % fra north atlantic north sea and eastern arctic capacity all metiers i logbooks, sales notes 90 % y census survey 100 % fra north atlantic north sea and eastern arctic fra north atlantic north sea and eastern arctic fra north atlantic north sea and eastern arctic fra north atlantic north sea and eastern arctic fra north atlantic north sea and eastern arctic fra north atlantic north sea and eastern arctic fra north atlantic north sea and eastern arctic fra north atlantic north sea and eastern arctic fra north atlantic north sea and eastern arctic fra mediterranean sea and black sea mediterranean sea and black sea fra mediterranean sea and black sea mediterranean sea and black sea fra mediterranean sea and black sea mediterranean sea and black sea fra mediterranean sea and black sea mediterranean sea and black sea fra mediterranean sea and black sea mediterranean sea and black sea fra mediterranean sea and black sea mediterranean sea and black sea fra mediterranean sea and black sea mediterranean sea and black sea fra mediterranean sea and black sea mediterranean sea and black sea general comment: this table fulfils provision 4 of chapter iii of the multiannual union programme and article 2 and article 4 paragraph (2) point (a) of this decision. this table is intended to state and describe the method used to derive estimates on representative samples where data are not to be recorded under regulation (eu) no 1224/2009 or where data collected under regulation (eu) no 1224/2009 are not at the right aggregation level for the intended scientific use. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. supra region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level iii). if information refers to all regions, insert all regions. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if information refers to all regions, insert all regions. variable group member state shall refer to the naming convention used in table 4 of the multiannual union programme. it can be specified by variable, and not by variables group, if different sources are used for different variables within the same variables group. fishing technique member state shall refer to the naming convention used in table 5(b) of the multiannual union programme. put an asterisk in the case the segment has been clustered with other segment(s) for data collection purposes. inactive vessels shall be included as a separate segment. length class metiers (level 6) member state shall refer to the naming convention used in table 2 of the multiannual union programme. only to be identified if member state has a specific sampling frame defined by metier by segment. otherwise member state can provide all metiers but the information has to be reported by fleet segment by metiers. data collected under control regulation appropriate for scientific use (y/n/i) member state shall enter y (yes), n (no) or i (insufficient). type of data collected under control regulation used to calculate the estimates member state shall enter the type of data collected: logbooks, sales notes, vms data, fishing forms, etc. expected coverage of data collected under control regulation (% of fishing trips) for each of the data sources, the planned coverage percentage, estimated on the basis of fishing trips, shall be provided as quality assurance and quality control framework indicators. additional data collection (y/n) member state shall enter y (yes) or n (no), if additional data collection is planned. data collection scheme member state shall enter the data collection scheme: probability sampling survey, non-probability sampling survey, indirect survey, census survey, none, etc. planned coverage of data collected under complementary data collection (% of fishing trips) for each of the data sources, the planned coverage percentage, estimated on the basis of fishing trips, shall be provided as quality assurance and quality control framework indicators. comments any further comment. text box 2a fishing activity variables data collection strategy general comment: this box fulfils paragraph 4 of chapter iii of the multiannual union programme and article 2, article 4 paragraph (2) point (b) and article 5 paragraph (2) of this decision. it is intended to describe the method used to derive estimates on representative samples where data are not to be recorded under regulation (eu) no 1224/2009 or where data collected under regulation (eu) no 1224/2009 are not at the right aggregation level for the intended scientific use. 1. description of methodologies used to cross-validate the different sources of data 2. description of methodologies used to estimate the value of landings 3. description of methodologies used to estimate the average price (it is recommended to use weighted averages, trip by trip) 4. description of methodologies used to plan collection of the complementary data (sample plan methodology, type of data collected, frequency of collection, etc.) (max. 900 words per region) section 3 economic and social data table 3a population segments for collection of economic and social data for fisheries wp wp date of submission 31.10.2016 ms supra region fishing technique length class type of variables (e/s) variable data source type of data collection scheme frequency planned sample rate % comments esp baltic sea, north sea and eastern arctic, and north atlantic beam trawlers 18-< 24 m e gross value of landings questionnaires a - census esp baltic sea, north sea and eastern arctic, and north atlantic beam trawlers 40 m or larger e other income questionnaires b - probability sample survey esp mediterranean sea and black sea drift and/or fixed netters 12-< 18 m e wages and salaries of crew questionnaires c - non-probability sample survey s employment by gender general comment: this table fulfils paragraph 5 points (a) and (b) of chapter iii of the multiannual union programme and article 2, article 3 and article 4 paragraphs (1) and (2) of this decision. this table is intended to specify data to be collected under tables 5(a) and 6 of the multiannual union programme. use this table to give an overview of the population for economic and social data in the fisheries sector. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. supra region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level iii). if information refers to all regions, insert all regions. fishing technique member state shall refer to the naming convention used in table 5(b) of the multiannual union programme. put an asterisk in the case the segment has been clustered with other segment(s) for data collection purposes. inactive vessels shall be included as a separate segment. length class type of variables (e/s) member state shall enter the category that the variables belong to: e (economic) or s (social), based on table 5(a) of the multiannual union programme for the economic variables and table 6 of the multiannual union programme for the social variables. variable member state shall refer to the naming convention used in table 5(a) of the multiannual union programme, 2nd column for the economic variables and table 6 of the multiannual union programme for the social variables. data source member state shall enter the data sources used (logbook, sales notes, accounts, questionnaires, etc.). data sources shall be clearly stated for each variable. type of data collection scheme member state shall enter the code of the data collection scheme, as follows: a census; b probability sample survey; c non-probability sample survey; d indirect survey. in case the variable is not directly collected but estimated, indirect survey is applied. in that case, further explanation on the data collection scheme and estimation method is provided in text box 3a of this annex. frequency member state shall enter the frequency that economic and social data are to be collected according to provision 5(a)(b) of chapter iii of the multiannual union programme. planned sample rate % the planned sample rate (%) shall be based on the fleet population, which is defined as vessels included in the fleet register on the 31 december and any active vessel fishing at least one day during the year. when data collection for some variables will not be implemented, the column planned sample rate (%) shall be filled in with n (no). planned sample rate can be modified based on updated information on the total population (fleet register). comments any further comment. text box 3a population segments for collection of economic and social data for fisheries general comment: this box fulfils paragraph 5 points (a) and (b) of chapter iii of the multiannual union programme and article 2, article 4 paragraphs (1), (2) and (5) and article 5 paragraph (2) of this decision. it is intended to specify data to be collected under tables 5(a) and 6 of the multiannual union programme. 1. description of methodologies used to choose the different sources of data 2. description of methodologies used to choose the different types of data collection 3. description of methodologies used to choose sampling frame and allocation scheme 4. description of methodologies used for estimation procedures 5. description of methodologies used on data quality (max. 900 words per region) pilot study 3 data on employment by education level and nationality general comment: this box fulfils paragraph 5 point (b) and paragraph 6 point (b) of chapter iii of the multiannual union programme and article 2 and article 3 paragraph (3) point (c) of this decision. it is intended to specify data to be collected under table 6 of the multiannual union programme. 1. aim of pilot study 2. duration of pilot study 3. methodology and expected outcomes of pilot study (max. 900 words) table 3b population segments for collection of economic and social data for aquaculture wp wp date of submission 31.10.2016 ms techniques species group type of variables (e/s) variable data source type of data collection scheme threshold (y/n) frequency planned sample rate % comments deu hatcheries and nurseries other marine fish e turnover financial accounts a - census deu cages sea bass & sea bream e energy costs questionnaires b - probability sample survey deu cages salmon e energy costs questionnaires c - non-probability sample survey s unpaid labour by gender general comment: this table fulfils paragraph 6 points (a) and (b) of chapter iii and chapter v of the multiannual union programme and article 2, article 3 and article 4 paragraph (1) of this decision. this table is intended to specify data to be collected under tables 6 and 7 of the multiannual union programme. use this table to give an overview of the collection of economic and social data of the aquaculture sector. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. techniques member state shall follow table 9 of the multiannual union programme for the segmentation to be applied for the collection of aquaculture data. species group type of variables (e/s) member state shall enter the category that the variables belong to: e (economic) or s (social), based on table 7 of the multiannual union programme for the economic variables and table 6 of the multiannual union programme for the social variables. variable member state shall refer to the naming convention used in table 7 of the multiannual union programme, second column for the economic variables and table 6 of the multiannual union programme for the social variables. data source member state shall enter the data sources used (accounts, questionnaires, etc.). data sources shall be clearly stated for each variable. type of data collection scheme member state shall enter the code of the data collection scheme, as follows: a census; b probability sample survey; c non-probability sample survey; d indirect survey. in case the variable is not directly collected but estimated, indirect survey is applied. in that case, further explanation on the data collection scheme and estimation method is provided in text box 3b of this annex. threshold (y/n) member state shall enter y (yes) or n (no) if a threshold applies, according to chapter v of the multiannual union programme. frequency member state shall enter the frequency that economic and social data are to be collected, according to provision 6(a)(b) of chapter iii of the multiannual union programme. planned sample rate % the planned sample rate (%) shall be based on the population, as defined in provision 6(a) of chapter iii of the multiannual union programme. when data collection for some variables will not be implemented, the column planned sample rate (%) shall be filled in with n (no). planned sample rate can be modified based on updated information on the total population. comments any further comment. text box 3b population segments for collection of economic and social data for aquaculture general comment: this box fulfils paragraph 6 points (a) and (b) of chapter iii of the multiannual union programme and article 2, article 4 paragraphs (1) and (5) and article 5 paragraph (2) of this decision. it is intended to specify data to be collected under tables 6 and 7 of the multiannual union programme. 1. description of methodologies used to choose the different sources of data 2. description of methodologies used to choose the different types of data collection 3. description of methodologies used to choose sampling frame and allocation scheme 4. description of methodologies used for estimation procedures 5. description of methodologies used on data quality (max. 1 000 words) pilot study 4 environmental data on aquaculture general comment: this box fulfils paragraph 6 point (c) of chapter iii of the multiannual union programme and article 2 and article 4 paragraph (3) point (d) of this decision. it is intended to specify data to be collected under table 8 of the multiannual union programme. 1. aim of pilot study 2. duration of pilot study 3. methodology and expected outcomes of pilot study (max. 900 words) table 3c population segments for collection of economic and social data for the processing industry wp wp date of submission 31.10.2016 ms segment type of variables (e/s) variables data sources type of data collection scheme frequency planned sample rate % comments esp companies <= 10 e turnover financial accounts b - probability sample survey esp companies 11-49 e other operational costs questionnaires b - probability sample survey esp companies 50-250 e other operational costs questionnaires a - census esp companies > 250 e other income questionnaires b - probability sample survey esp s unpaid labour by gender general comment: this table fulfils footnote 6 of paragraph 1.1(d) of chapter iii of the multiannual union programme and article 2, article 3 and article 4 paragraph (1) of this decision. this table is intended to specify data to be collected under table 11 of the multiannual union programme. use this table to give an overview of the collection of economic and social data of the processing industry. specify data collection for variables not covered by the estat or for which additional sampling is required. economic data shall be collected on fish processing companies below 10 employees as well as for companies which have fish processing as a secondary activity, as well as for unpaid labour and raw material. employment data, by gender, shall be collected for all companies' sizes. name of the variable guidelines ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. segment the criteria for the segmentation shall be the number of persons employed. the following segmentation is recommended: companies <= 10; companies 11-49; companies 50-250; companies > 250. type of variables (e/s) member state shall enter the category that the variables belong to: e (economic) or s (social), based on table 11 of the multiannual union programme. variables member state shall refer to the naming convention used in table 11 of the multiannual union programme. data sources member state shall enter the data sources used (accounts, questionnaires, etc.). data sources shall be clearly stated for each variable. type of data collection scheme member state shall enter the code of the data collection scheme, as follows: a census; b probability sample survey; c non-probability sample survey; d indirect survey. in case the variable is not directly collected but estimated, indirect survey is applied. in that case, further explanation on the data collection scheme and estimation method is provided in text box 3c of this annex. frequency member state shall enter the frequency that economic and social data shall be collected. planned sample rate % the planned sample rate (%) shall be based on the population. when data collection for some variables will not be implemented, the column planned sample rate (%) shall be filled in with n (no). planned sample rate can be modified based on updated information on the total population. comments any further comment. text box 3c population segments for collection of economic and social data for the processing industry general comment: this box fulfils footnote 6 of paragraph 1.1(d) of chapter iii of the multiannual union programme, article 2, article 4 paragraphs (1) and (5) and article 5 paragraph (2) of this decision. it is intended to specify data to be collected under table 11 of the multiannual union programme. 1. description of methodologies used to choose the different sources of data 2. description of methodologies used to choose the different types of data collection 3. description of methodologies used to choose sampling frame and allocation scheme 4. description of methodologies used for estimation procedures 5. description of methodologies used on data quality (max. 1 000 words) section 4 sampling strategy for biological data from commercial fisheries table 4a sampling plan description for biological data wp wp date of submission 31.10.2016 ms ms participating in sampling region rfmo/rfo/io sub-area/fishing ground scheme stratum id code psu type catch fractions covered species/stocks covered for estimation of volume and length of catch fractions seasonality (temporal strata) reference years average number of psu during the reference years planned number of psus comments gbr nsea na demersal at-sea sct sd1-5 vessel x trip annual ~ 4 000 40 gbr nsea na demersal at-sea sct sd2-5 vessel x trip annual ~ 500 10 gbr nsea na demersal at-sea sct sd3-5 vessel x trip annual ~ 2 000 6 gbr nsea na demersal at-sea sct sd4-5 vessel x trip annual ~ 750 20 gbr nsea na demersal at-sea sct sd5-5 vessel x trip annual ~ 15 000 6 gbr nsea na demersal on-shore sct ld1-4 port x day annual ~ 345 60 gbr nsea na demersal on-shore sct ld2-4 port x day annual ~ 7 000 20 gbr nsea na demersal on-shore sct ld3-4 port x day annual ~ 3 000 25 gbr nsea na demersal on-shore sct ld4-4 port x day annual ~ 1 000 30 north atlantic nafo nafo sampling at sea l3 vessel trip annual 2015-2017 71 9 other regions iotc fao 51 + 57 sampling on shore t18 vessel trip annual 2015-2017 157 120 general comment: this table fulfils article 3, article 4 paragraph (4) and article 8 of this decision and forms the basis for the fulfilment of paragraph 2 point (a)(i) of chapter iii of the multiannual union programme. this table refers to data to be collected under tables 1(a), 1(b) and 1(c) of the multiannual union programme. use this table to identify all fishery-dependent sampling schemes in the member state. the member state shall list the strata within the scheme, the primary sampling unit (psu) type and the envisaged number of psus that will be available in the year of submission. for each stratum, member state shall record the number of psus it is planning to undertake. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. ms participating in sampling if the sampled activity has been carried out according to a regionally coordinated programme, all participating member states shall be listed. otherwise, the member state responsible for the sampling shall be listed. links to planned regional and international coordination or bi- and multilateral agreements, where available, shall be listed in the comments. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if information refers to all regions, insert all regions. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. sub-area/fishing ground member state shall indicate the fishing ground (e.g. the ices area, the gfcm gsa, the nafo area, etc.). scheme member state shall state the sampling scheme: at markets, at sea, a combination of both methods or other. if other is used (e.g. other (market stock-specific sampling)), it shall be described in text box 4a of this annex. stratum id code member state shall indicate a unique code to identify each stratum within the scheme. free text or coding can be used, but it shall always coincide with the stratum id code, as in table 4b of this annex. strata with no coverage (i.e. no planned number of psus) shall also be detailed, in order to provide measurement on coverage of the sampling plan. psu type member state shall indicate the primary sampling unit (psu) inside each stratum. psu could be fishing trip, fishing vessel, port, fishing day, etc. catch fractions covered member state shall indicate which fraction of the catch is to be sampled. insert catch, if the bulk catch is sampled, landings, discards, landings+discards, etc. species/stocks covered for estimation of volume and length of catch fractions member state shall indicate if the sampling plan covers all or only a part of the species. insert all species and stocks, only stocks in table 1a, 1b and 1c, selected species/stocks and specify further in comments. seasonality (temporal strata) member state shall provide a keyword description of the sampling scheme in terms of temporal stratification: monthly, quarterly, annual, etc. reference years member state shall indicate the year(s) used as a reference for the expected primary sampling units in the year of implementation of the sampling scheme. member state shall use the three most recent years (e.g. 2014-2016). reasons may be given to justify the use of a different period. average number of psus during the reference years member state shall indicate the total number of psus calculated as the average values of the years used as reference. planned number of psus member state shall state the planned number of psu to be sampled. comments any further comment. text box 4a sampling plan description for biological data general comment: this box fulfils article 3, article 4 paragraph (4) and article 8 of this decision and forms the basis for the fulfilment of paragraph 2 point (a)(i) of chapter iii of the multiannual union programme. this table refers to data to be collected under tables 1(a), 1(b) and 1(c) of the multiannual union programme. description of the sampling plan according to article 5 paragraph (3) of this decision (max. 900 words per region) table 4b sampling frame description for biological data wp wp date of submission 31.10.2016 ms stratum id number stratum sampling frame description method of psu selection comments gbr sct sd1-5 north sea offshore fish trawlers vessel list of 120 dts >18 m random draw from randomised list gbr sct sd2-5 north sea offshore prawn trawlers vessel list of 60 dts targeting shellfish random draw from randomised list gbr sct sd3-5 north sea inshore trawlers vessel list of 250 dts <18 m based in ns ports random draw from randomised list gbr sct sd4-5 west coast offshore trawlers vessel list of 15 dts >18 m based in wc ports random draw from randomised list gbr sct sd5-5 westcoast inshore trawlers vessel list of 2 500 dts < 18 m based in wc ports random draw from randomised list gbr sct ld1-4 ne main port 1 port active for ~ 345 days random weekday from systematic (weekly) coverage gbr sct ld2-4 ne minor ports 25 ports active over 280 days random weekday from systematic (weekly) coverage gbr sct ld3-4 w ports 10 ports active over ~ 300 days random weekday from systematic (weekly) coverage gbr sct ld4-4 island ports 4 ports active over ~ 250 days random weekday from systematic (weekly) coverage esp l3 trawlers operating in nafo vessels with licence to fish in nafo random draw from the list of vessels (without replacement) esp t18 purse seiners fishing tropical tunas in iotc purse seiners fishing in indian ocean and landing in the port of victoria (seychelles) random draw from purse seiner vessels landing in the port of victoria (seychelles) purse seiner fleet, fishing tropical tunas in indian ocean lands their catches in the ports of victoria, mah , mombasa, antisarana, but due to the long distance, sampling can be performed only in the port of victoria (where most of the fleet landings take place) general comment: this table fulfils article 3, article 4 paragraph (4) and article 8 of this decision and forms the basis for the fulfilment of paragraph 2 point (a)(i) of chapter iii of the multiannual union programme. this table refers to data to be collected under tables 1(a), 1(b) and 1(c) of the multiannual union programme. use this table to provide more detail on the strata and sampling frames of each scheme. name of the variable guidance ms member state shall be given as iso 3166-1 alpha-3 code, e.g. deu. stratum id code member state shall indicate a unique code to identify each stratum within the scheme. free text or coding can be used, but it shall always coincide with the stratum id code, as in table 4a of this annex. strata with no coverage (i.e. no planned number of psus) shall also be detailed, in order to provide measurement on coverage of the sampling plan. stratum member state shall insert a short description (free text) of the sampling strata (e.g. trawlers in the gsa 22; west coast purse-seiners; ports of the nw area, etc.). sampling frame description member state shall shortly describe (free text) the sampling frame for each stratum (e.g. list of vessels in the gsa 22; list of purse-seiners in the west coast; list of ports in the nw area). method of psu selection member state shall indicate the method(s) (free text) for the selection of the primary sampling unit (psu). comments any further comment. table 4c data on the fisheries by member state wp wp date of submission 31.10.2016 ms region rfmo/rfo/io sub-area/fishing ground reference years fleet segment/metier targeted species/species assemblage average number of vessels average number of fishing trips average number of fishing days average landings (tons) average landings (tons) in national ports average landings (tons) in foreign ports comments deu baltic sea ices areas iii b-d demersal trawlers bottom trawl mixed fishery 102 24 563 57 388 54 234 3 154 deu baltic sea ices areas iii b-d demersal seine net mixed whitefish 6 758 2 264 2 130 134 deu baltic sea ices areas iii b-d pelagic mackerel 25 89 119 745 98 403 21 342 gbr north sea and eastern arctic ices sub-areas i, ii, iiia, iv and viid otb_cru_16-22 shrimps 15 3 625 6 345 6 345 0 gbr north atlantic nafo nafo 2015-2017 otb_md d_130-219_0_0 mixed demersal and deep water species (greenland halibut) 23 47 795 9 125 9 125 0 gbr north atlantic nafo nafo 2015-2017 otb_md d_>=220_ 0_0 mixed demersal and deep water species (skates) 19 20 342 4 648 4 648 0 gbr north atlantic nafo nafo 2015-2017 otb_cru _40-59_0_0 crustaceans (northern shrimp) 2 2 12 25 25 0 gbr north atlantic nafo nafo 2015-2017 otm_def _130-135_0_0 demersal species (alfonsino) 1 2 na * na * na * 0 * confidential data (only one vessel) esp other regions iotc fao 51 + 57 2015-2017 ps_lpf_ 0_0_0 (trop) tropical tunas (bigeye, skipjack, yellowfin) 15 157 4 108 127 795 0 127 795 a different reference period (2015-2016) have been taken because during the year 2017 most vessels moved to other regions due to the piracy general comment: this table fulfils article 4 paragraph (4) of this decision and forms the basis for the fulfilment of paragraph 2 point (a)(i)(ii)(iii) of chapter iii of the multiannual union programme. this table refers to data to be collected under tables 1(a), 1(b) and 1(c) of the multiannual union programme. use this table to summarise the size and activity of the national fleet. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if information refers to all regions, insert all regions. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. sub-area/fishing ground member state shall indicate the fishing ground (e.g. the ices area, the gfcm gsa, the nafo area, etc.). reference years member state shall state the year(s) to which the description of the fisheries actually refers (e.g. 2014-2016). member state shall select the three most recent years with data available. fleet segment/metier data shall be reported by metier (at level 6) as defined in table 2 of the multiannual union programme, or fleet segment, as defined in table 5(b) of the multiannual union programme. targeted species/species assemblage member state shall indicate the target species assemblage (demersal species, small pelagic fish, etc.) as indicated in table 2 of the multiannual union programme. average number of vessels member state shall indicate the average number of vessels by fleet segment/metier in the given reference years. average number of fishing trips member state shall indicate the average number of fishing trips by fleet segment/metier in the given reference years. average number of fishing days member state shall indicate the average number of fishing days by fleet segment/metier in the given reference years. average landings (tons) member state shall report the average volume in live weight (tons) of the total landings by fleet segment/metier in the given reference years. this column shall be obtained from the sum of the other two columns of this table: average landings (tons) in national ports and average landings (tons) in foreign ports. average landings (tons) in national ports member state shall report the average volume in live weight (tons) of the landings by fleet segment/metier in the given reference years. average landings (tons) in foreign ports member state shall report the average volume in live weight (tons) of the landings abroad by fleet segment/metier in the given reference years. if none, indicate 0. comments any further comment. table 4d landing locations wp wp date of submission 31.10.2016 ms region sub-area/fishing ground reference years landing locations(s) average number of locations average number of registered landings average landed tonnage average landed tonnage of national fleet average landed tonnage of foreign fleet comments gbr north sea and eastern arctic ices sub-areas i, ii, iiia, iv and viid 2015-2017 grouping 1 2 2 894 113 247 102 478 10 769 gbr north sea and eastern arctic ices sub-areas i, ii, iiia, iv and viid 2015-2017 grouping n 37 950 1 564 1 564 0 gbr north sea and eastern arctic ices sub-areas i, ii, iiia, iv and viid 2015-2017 gbr north sea and eastern arctic ices sub-areas i, ii, iiia, iv and viid general comment: this table fulfils article 4 paragraph (4) of this decision and forms the basis for the fulfilment of paragraph 2 point (a (i)(ii)(iii) of chapter iii of the multiannual union programme. this table refers to data to be collected under tables 1(a), 1(b) and 1(c) of the multiannual union programme. use this table to summarise the characteristics of the landings into the member state. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if information refers to all regions, insert all regions. sub-area/fishing ground member state shall indicate the fishing ground (e.g. the ices area, the gfcm gsa, the nafo area, etc.). reference years member state shall state the year(s) to which the description of the landing locations actually refers (e.g. 2014-2016). member state shall select the three most recent years with data available. landing locations(s) member state shall fill in with free text describing the grouping/assemblage of landing locations (e.g. major ports, minor ports, ports, local ports, etc.), if available. average number of locations member state shall indicate the average number of landing locations by grouping/assemblage in the given reference years, if available. average number of registered landings member state shall indicate the average number of registered landing operations that took place by grouping/assemblage (if applicable) in the given reference years. as the previous fields are optional, this field could refer the average number of total landings operations in the member state. average landed tonnage member state shall indicate the average volume in live weight (tons) of the total landing during the reference years. data shall be reported by grouping/assemblage of landing places (if applicable). this column shall be given by the sum of the other two columns of this table: average landed tonnage of national fleet and average landed tonnage of foreign fleet. average landed tonnage of national fleet member state shall indicate the average volume in live weight (tons) of the total landing made by member state vessels during the reference years by grouping/assemblage of landing places (if applicable). average landed tonnage of foreign fleet member state shall indicate the average volume in live weight (tons) of the total landing made by foreign vessels during the reference years by grouping/assemblage of landing places (if applicable).if none, indicate 0. comments any further comment. section 5 data quality table 5a quality assurance framework for biological data wp wp date of submission 31.10.2016 sampling design sampling implementation data capture data storage data processing ms ms participating in sampling sampling year/period region rfmo/rfo/io name of sampling scheme sampling frame is the sampling design documented? where can documentation on sampling design be found? are non-responses and refusals recorded? are quality checks to validate detailed data documented? where can documentation on quality checks for data capture be found? in which national database are data stored? in which international database(s) are data stored? are processes to evaluate data accuracy (bias and precision) documented? where can documentation on processes to evaluate accuracy be found? are the editing and imputation methods documented? where can documentation on editing and imputation be found? comments swe swe 2017 ns&ea ices sea-sampling demersal trawlers y xxxx y y xxx fiskdata2 rdb-fishframe n xxxx swe swe 2017 baltic ices shore sampling cod landings y xxxx y y xxx fiskdata2 rdb-fishframe swe swe 2017 ns&ea/baltic ices recreational survey y general comment: this table fulfils article 5 paragraph (2) point (a) of this decision. this table is intended to specify data to be collected under tables 1(a), 1(b) and 1(c) of the multiannual union programme. use this table to state whether documentation in the data collection process (design, sampling implementation, data capture, data storage and data processing) exists and identify where this documentation can be found. names on sampling schemes and strata shall be identical to those in tables 4a and 4b of this annex. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. ms participating in sampling if the sampling scheme is carried out within a regional/bilateral/multilateral coordinated programme, all participating member states shall be given. if the sampling scheme is carried out unilaterally, the single member state shall be given. sampling year/period member state shall state the year or period for planned sampling. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if information refers to all regions, insert all regions. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. name of sampling scheme member state shall state the name of the sampling scheme. names of sampling schemes shall be identical to the names used in tables 4a and 4b of this annex, in table 1d of this annex (type of survey) and in table 1e of this annex (species *method). sampling frame member state shall state the sampling frame. names of sampling frames shall be identical to the names in tables 4a and 4b of this annex. is the sampling design documented? member state shall indicate with y (yes) or n (no). if n (no), indicate in the comments when (year) documentation will be available. where can documentation on sampling design be found? member state shall provide link to web page where the documentation can be found, if member state responded y (yes) in previous field. otherwise, insert na (not applicable). are non-responses and refusals recorded? member state shall indicate with y (yes) or n (no). if n (no), indicate in the comments when (year) documentation will be available. are quality checks to validate detailed data documented? member state shall indicate with y (yes) or n (no). if n (no), indicate in the comments when (year) documentation will be available. where can documentation on quality checks for data capture be found? member state shall provide link to web page where the documentation can be found, if member state responded y (yes) in previous field. otherwise, insert na (not applicable). in which national database are data stored? member state shall provide the name of national database, if applicable. otherwise, insert na (not applicable). in which international database(s) are data stored? member state shall provide the name of international database(s), if applicable. otherwise, insert na (not applicable). are processes to evaluate data accuracy (bias and precision) documented? member state shall indicate with y (yes) or n (no). if n (no), indicate in the comments when (year) documentation will be available. where can documentation on processes to evaluate accuracy be found? member state shall provide link to web page where the documentation can be found, if member state responded y (yes) in previous field. otherwise, insert na (not applicable). are the editing and imputation methods documented? member state shall indicate with y (yes) or n (no). if n (no), indicate in the comments when (year) documentation will be available. where can documentation on editing and imputation be found? member state shall provide link to web page where the documentation can be found, if member state responded y (yes) in previous field. otherwise, insert na (not applicable). comments any further comment. use this field to indicate when documentation will be made available (if that presently is not the case). table 5b quality assurance framework for socioeconomic data institutional environment p3 impartiality and objectiveness p4 confidentiality ms sampling year/period region rfmo/rfo/io/nsb name of data collection scheme name of data sources statistically sound sources and methods error checking are procedures for confidential data handling in place and documented? are protocols to enforce confidentiality between dcf partners in place and documented? are protocols to enforce confidentiality with external users in place and documented? statistical processe p5 sound methodology p6 appropriate statistical procedures p7 non-excessive burden on respondents p8 cost effectiveness is sound methodology documented? does it follow international standards, guidelines and best practices? are methodologies consistent at ms, regional and eu level? is there consistency between administrative and other statistical data? are there agreements for access and quality of administrative data between partners? are data collection, entry and coding checked? are editing and imputation methods used and checked? are revisions documented and available? is duplication of data collection avoided? do automatic techniques for data capture, data coding and validation exist? wp statistical outputs wp date of submission 31.10.2016 p9 relevance p10 accuracy and reliability p11 timeliness and punctuality p12 coherence and comparability p13 accessibility and clarity comments are end-users listed and updated? are sources, intermediate results and outputs regularly assessed and validated? are errors measured and documented? are procedures in place to ensure timely execution? are procedures in place to monitor internal coherence? are statistics comparable over time? are methodological documents publicly available? are data stored in databases? where can documentation be found? general comment: this table fulfils article 5 paragraph (2) point (b) of this decision. this table is intended to specify data to be collected under tables 5(a), 6 and 7 of the multiannual union programme. use this table to state whether documentation in the data collection process exists and identify where this documentation can be found. name of the variable guidance ms member state's name shall be given as iso 3166-1 alpha-3 code, e.g. deu. sampling year/period member state shall state the year or period for planned sampling. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if information refers to all regions, insert all regions. rfmo/rfo/io/nsb member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo), international organisation (io) or national statistical body (nsb) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices e.g. agencies, institutions dealing with socioeconomic statistics if no rfmo, rfo, io or nsb is applicable, na (not applicable) is used. name of data collection scheme member state shall indicate the name of sampling schemes. they shall be identical to the names used in table 3a, table 3b and table 3c of this annex. name of data sources member state shall indicate the name of data sources. they shall be identical to the names used in table 3a, table 3b and table 3c of this annex. statistically sound sources and methods member state shall indicate with y (yes) or n (no) whether statistically sound sources and methods are in place. if n (no), indicate in the comments main constraints. error checking member state shall indicate shall indicate with y (yes) or n (no) whether errors discovered in published data are corrected at the earliest possible date and publicised. if n (no), indicate in the comments main constraints. are procedures for confidential data handling in place and documented? member state shall indicate with y (yes) or n (no) whether procedures for the enforcement, treatment and reduction of confidential data are in place and documented. if n (no), indicate in the comments main constraints. are protocols to enforce confidentiality between dcf partners in place and documented? member state shall indicate with y (yes) or n (no) whether protocols to enforce confidentiality between dcf partners are in place and documented. if n (no), indicate in the comments main constraints. are protocols to enforce confidentiality with external users in place and documented? member state shall indicate with y (yes) or n (no) whether protocols to enforce confidentiality with external users are in place and documented. if n (no), indicate in the comments main constraints. is sound methodology documented? member state shall indicate with y (yes) or n (no) whether sound methodology is documented. if yes, please provide reference. if n (no), indicate in the comments main constraints. does it follow international standards, guidelines and best practices? member state shall indicate with y (yes) or n (no) whether sound methodology follows international standards, guidelines and best practices. if y (yes), please provide reference. if n (no), indicate in the comments main constraints. are methodologies consistent at ms, regional and eu level? member state shall indicate with y (yes) or n (no) whether procedures are in place to ensure that standards, concepts, definitions and classifications are consistent between partners at member state, regional and eu level. if n (no), indicate in the comments main constraints. is there consistency between administrative and other statistical data? member state shall indicate with y (yes) or n (no) whether procedures are in place to ensure the consistency of definitions and concepts between administrative and other statistical data. if n (no), indicate in the comments main constraints. are there agreements for access and quality of administrative data between partners? member state shall indicate with y (yes) or n (no) whether there are agreements in place to ensure access to relevant administrative data and quality of relevant administrative data between partners. if n (no), indicate in the comments main constraints. are data collection, entry and coding checked? member state shall indicate with y (yes) or n (no) whether data collection, data entry and coding are routinely monitored and revised, as required. if n (no), indicate in the comments main constraints. are editing and imputation methods used and checked? member state shall indicate with y (yes) or n (no) whether editing and imputation methods are used and regularly reviewed, revised or updated as required. if no, indicate in the comments main constraints. are revisions documented and available? member state shall indicate with y (yes) or n (no) whether revisions are documented and available. if n (no), indicate in the comments main constraints. is duplication of data collection avoided? member state shall indicate with y (yes) or n (no) whether administrative sources are used whenever possible to avoid duplication of data collection and reduce burden on respondents. if n (no), indicate in the comments main constraints. do automatic techniques for data capture, data coding and validation exist? member state shall indicate with y (yes) or n (no) whether procedures and tools exist to implement automatic techniques for data capture, data coding and validation. if n (no), indicate in the comments main constraints. are end-users listed and updated? member state shall indicate with y (yes) or n (no) whether a list of key end-users and their data uses, including a list of unmet user needs, are available and regularly updated. if n (no), indicate in the comments main constraints. are sources, intermediate results and outputs regularly assessed and validated? member state shall indicate with y (yes) or n (no) whether data sources, intermediate results and statistical outputs are regularly assessed and validated. if n (no), indicate in the comments main constraints. are errors measured and documented? member state shall indicate with y (yes) or n (no) whether sampling errors and non-sampling errors are measured and systematically documented, according to the european standards. if n (no), indicate in the comments main constraints. are procedures in place to ensure timely execution? member state shall indicate with y (yes) or n (no) whether procedures exist to monitor the progress of the tasks and ensure their timely execution. if n (no), indicate in the comments main constraints. are procedures in place to monitor internal coherence? member state shall indicate with y (yes) or n (no) whether procedures to monitor internal coherence are developed and carried out in a systematic way and divergences explained. if n (no), indicate in the comments main constraints. are statistics comparable over time? member state shall indicate with y (yes) or n (no) whether statistics are comparable over a reasonable period of time, whether breaks in the time series are explained and whether methods to ensure reconciliation over a period of time are made available. if n (no), indicate in the comments main constraints. are methodological documents publicly available? member state shall indicate with y (yes) or n (no) whether methodological documents are readily available. if n (no), indicate in the comments main constraints. are data stored in databases? member state shall indicate with y (yes) or n (no) whether primary, detailed and aggregated data and associated metadata are stored in databases. if n (no), indicate in the comments main constraints. where can documentation be found? give link to webpage where the documentation can be found, if member state responded y (yes) in previous field. otherwise, insert na (not applicable). comments any further comment. use this field to indicate when documentation will be made available (if that presently is not the case). section 6 data availability table 6a data availability wp wp date of submission 31.10.2016 ms data set section variable group year(s) of wp implementation reference year final data available after comments swe fleet economic 3a revenue/costs n n 1 n + 1, march 1 swe aquaculture economic all n n 1 n + 1, march 1 swe fishing activity variable capacity n n n + 1, january 31 swe fishing activity variable landings n n n + 1, march 31 swe fish processing economic all n n 2 n + 1, november 1 general comment: this table fulfils article 6 of this decision. use this table to provide information on data availability to end-users per data set. name of the variable guidance ms member state shall be given as iso 3166-1 alpha-3 code, e.g. deu. data set member state shall refer to the data set for which information on availability will be given. the name of the data set can be derived by the title of the respective tables of this annex. section member state shall refer to the specific section of the work plan. variable group member state shall refer to the specific variables in tables 1b, 1e, 1i, 2a, 3a, 3b of this annex. when reference is made to another table, this field can be left empty. year(s) of wp implementation member state shall refer to the year or years that the work plan will apply. reference year member state shall refer to the year of the foreseen collection of data. final data available after member state shall state after how many years from collection, the data will be available to end-users. use year and month if applicable. comments any further comment. section 7 coordination table 7a planned regional and international coordination wp wp date of submission 31.10.2016 ms acronym name of meeting rfmo/rfo/io planned ms participation comments swe rcm med x swe wgnssk ices x swe medits x general comment: this table fulfils article 7 paragraph (1) of this decision. use this table to provide information on the planned participation of the member state to meetings relevant for data collection under the dcf. name of the variable guidance ms member state shall be given as iso 3166-1 alpha-3 code, e.g. deu. acronym member state shall provide the official acronym of the meeting attended. name of the meeting member state shall provide the full official name of the meeting attended. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. planned ms participation member state shall mark if it is planned to attend the meeting. comments any further comment. table 7b follow-up of recommendations and agreements wp wp date of submission 31.10.2016 ms region rfmo/rfo/io source section topic recommendation number recommendation/agreement follow-up action comments swe north atlantic lm 2014 metier related variables lva baltic stecf 14-13 vii iii.c, iii.e iii.f all general comment: this table fulfils article 7 paragraph (1) and article 8 of this decision. use this table to provide information on how the member state plans to fulfil the recommendations and agreements relating to data collection under the dcf at the european and international level. name of the variable guidance ms member state shall be given as iso 3166-1 alpha-3 code, e.g. deu. region member state shall refer to the naming convention used in table 5(c) of the multiannual union programme (level ii). if recommendation refers to all regions, insert all regions. rfmo/rfo/io member state shall enter the acronym of the competent regional fisheries management organisation (rfmo), regional fisheries organisation (rfo) or international organisation (io) for providing management/advice on the species/stock. e.g. rfmo: iccat, gfcm, nafo e.g. rfo: cecaf e.g. io: ices if no rfmo, rfo or io is applicable, na (not applicable) is used. source member state shall provide the source of recommendation in the form of the acronym of the relevant regional coordination meeting (rcm)/regional coordination group (rcg), liaison meeting (lm), stecf expert working group (ewg), e.g. lm 2014, stecf ewg 14-07. section member state shall refer to the work plan section, e.g. 1a, 1b, etc. if recommendation applies to several sections, insert the relevant sections. if recommendation applies to all sections, insert all. topic member state shall refer to the topic to which recommendation applies, e.g. data quality, surveys, etc. recommendation number member state shall refer to the number assigned to an individual recommendation, where numbers exist. recommendation/agreement member state shall refer to the relevant recommendations to the work plan reference period and to the member state. there is no need to list recommendations and agreements that do not apply to the member state (e.g. on the terms of reference of ices expert groups, on actions to be taken by the commission, etc.). follow-up action member state shall give a brief description on the responsive actions taken or to be taken. comments any further comment. table 7c bi- and multilateral agreements wp wp date of submission 31.10.2016 mss contact persons content coordination description of sampling/sampling protocol/sampling intensity data transmission access to vessels validity comments deu - dnk name and email address by ms participating a) deu vessels landing for first sale in dnk to be covered under deu wp. b) dnk vessels landing for first sale in de to be covered under dnk wp. na length and age of discards and landings, in accordance with the respective wp. levels and coverage of sampling to be as agreed at the annual rcms baltic and ns&ea. deu/dnk responsible for submitting data from each own vessels to the respective end-users and to each other. country responsible for sampling ensures access to vessels according to wp ltu - deu - lva - nld - pol deu, lva, ltu, nld, pol to cooperate in the biological data collection on pelagic fisheries in cecaf waters in 2014-2015 and 2016-2017 (new extension). nl to coordinate the execution of this multi-lateral agreement. nl will contract independent contractor corten marine research (cmr) as agent between nl and imrop, the mauritanian fisheries research institute. cmr will hire mauritanian observers from imrop to carry out the actual sampling. cmr and imrop will have an agreement in which the mutual obligations will be formalized; among others that only the additional costs for this specific task will be priced. biological sampling carried on board fishing vessels in cecaf area by mauritanian observers. observers introduced by cmr and follow the sampling protocol as described in biological data collection of pelagic fisheries in cecaf waters in compliance with the dcf, version 31-05-2011. cmr is responsible for data collection, quality control and delivery to the cecaf pelagic working group of all data collected under this agreement. cmr also reports all data to cvo and cvo will distribute the data to the partners. each partner ensures access to its fleet for mauritanian observers under this agreement. denied access to vessels does not exempt a partner from legal or financial obligations. this agreement commences on january 1, 2012. with exception of financial obligations, it ends on december 31, 2013. it is subject to dissolve prior to this date in case the pelagic fishery in the cecaf area by eu vessels closes. eventual remaining contributions will be pro rata reimbursed to partners. the agreement was extended to a new end date: 31 december 2015 general comment: this table fulfils article 7 paragraph (2) and article 8 of this decision. use this table to provide information on the agreements with other member states and how european and international obligations are met. name of the variable guidance mss member states involved in the agreement shall be given as iso 3166-1 alpha-3 code, e.g. deu. contact persons member state shall provide the name and email address of the responsible person from each member state, involved in the agreement. content member state shall provide a brief description of the aim of the agreement. member state shall provide an unambiguous full reference or a valid link to the documentation of the agreement, where relevant, in the comments. coordination member state shall describe briefly how the coordination is done/will be done and by whom. description of sampling/sampling protocol/sampling intensity member state shall describe briefly the sampling to be carried out under the agreement. data transmission member state shall state which member state is/will be responsible for submitting which data set. access to vessels member state shall state if the agreement implies access to other partners' vessels. validity member state shall mention the year when the agreement expires or the year when the agreement was/will be signed, if it rolls over annually. comments any further comment. annex ii provisions of the multiannual union programme corresponding part of the work plan provision table table text chapter iii footnote 6 of 1.1(d) 3(c) text box 3(c) 2(a)(i) 2(a)(ii) 2(a)(iii) 1(a), 1(b), 1(c) 1(a), 1(b), 1(c) 1(a), 1(b), 1(c) 1(a), 1(b), 1(c) 1(a), 1(b), 1(c) 1(a), 1(b), 1(c) 2(a)(iv) 3 1(d) 2(b) 2(c) 1(e) 1(e) 1(e) 1(e) text box 1(e) text box 1(e) 3(a) 1(d) 1(f) 3(c) pilot study 2 4 4 2(a) text box 2(a) 5(a) 5(b) 5(a) 6 3(a) 3(a) text box 3(a) text box 3(a), pilot study 3 6(a) 6(b) 6(c) 7 6 8 3(b) 3(b) text box 3(b) text box 3(b) pilot study 4 chapter iv 1 10 1(g), 1(h) text box 1(g) chapter v 4 pilot study 1

name: commission implementing decision (eu) 2016/1721 of 26 september 2016 on the approval of the toyota efficient exterior lighting using light emitting diodes for the use in non-externally chargeable hybrid electrified vehicles as an innovative technology for reducing co2 emissions from passenger cars pursuant to regulation (ec) no 443/2009 of the european parliament and of the council (text with eea relevance) type: decision_impl subject matter: mechanical engineering; deterioration of the environment; organisation of transport; environmental policy; research and intellectual property; electronics and electrical engineering; technology and technical regulations date published: 2016-09-27 27.9.2016 en official journal of the european union l 259/71 commission implementing decision (eu) 2016/1721 of 26 september 2016 on the approval of the toyota efficient exterior lighting using light emitting diodes for the use in non-externally chargeable hybrid electrified vehicles as an innovative technology for reducing co2 emissions from passenger cars pursuant to regulation (ec) no 443/2009 of the european parliament and of the council (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 443/2009 of the european parliament and of the council of 23 april 2009 setting emissions performance standards for new passenger cars as part of the community's integrated approach to reduce co2 emissions from light-duty vehicles (1), and in particular article 12(4) thereof, whereas: (1) the manufacturer toyota motor europe nv/sa (the applicant) submitted an application for the approval of the toyota light emitting diodes (leds) for the use in non-externally chargeable hybrid electrified m1 vehicles (novc-hevs) as an innovative technology on 9 december 2015. the completeness of that application was assessed in accordance with article 4 of commission implementing regulation (eu) no 725/2011 (2). the application was found to be complete and the period for the commission's assessment of the application started on the day following the date of official receipt of the complete information, i.e. 10 december 2015. (2) the application has been assessed in accordance with article 12 of regulation (ec) no 443/2009, implementing regulation (eu) no 725/2011 and the technical guidelines for the preparation of applications for the approval of innovative technologies pursuant to regulation (ec) no 443/2009 (the technical guidelines, version february 2013) (3). (3) the application refers to the toyota efficient leds for use in novc-hev in the low beam headlamp, high beam headlamp, front position lamp, front fog lamp, rear fog lamp, front turn signal lamp, rear turn signal lamp, rear fog lamp, licence plate and reversing lamps. (4) the commission finds that the information provided in the application demonstrates that the conditions and criteria referred to in article 12 of regulation (ec) no 443/2009 and in articles 2 and 4 of implementing regulation (eu) no 725/2011 have been met. (5) the applicant has demonstrated that the use of the toyota leds in the relevant lamps did not exceed 3 % of the new passenger cars registered in the reference year 2009. in support of this the applicant has referred to the technical guidelines, which provides for the summary of the clepa light sight safety report. (6) the applicant has in accordance with the simplified approach described in the technical guidelines used halogen lighting as baseline technology for demonstrating the co2 reducing capacity of the toyota leds. (7) in order to take into account the presence in a novc-hev of two power sources (i.e. the internal combustion engine and the electric powertrain) a different approach is required for the conversion of power savings to co2 savings compared to the methodology set out in commission implementing decision (eu) 2016/587 (4). (8) the applicant has provided a specific methodology for testing the co2 reductions from leds fitted in such vehicles. the commission considers that the testing methodology is appropriate for addressing the issue and that it will provide testing results that are verifiable, repeatable and comparable and capable of demonstrating in a realistic manner the co2 emissions benefits of the innovative technology with strong statistical significance in accordance with article 6 of implementing regulation (eu) no 725/2011. (9) against that background the commission finds that the applicant has demonstrated satisfactorily that the emission reduction achieved by the toyota led lightings for the use in novc-hev in appropriate combinations of a low beam headlamp, high beam headlamp, front position lamp, front fog lamp, rear fog lamp and licence plate lamp is at least 1 g co2/km. (10) since the activation of the led lightings for the lamps listed in the application is not required for the co2 emissions type-approval test referred to in regulation (ec) no 715/2007 of the european parliament and of the council (5) and commission regulation (ec) no 692/2008 (6), the commission is satisfied that the led lighting functions in question are not covered by the standard test cycle. (11) the activation of the lighting functions concerned is mandatory to ensure the safe operation of the vehicle and as a consequence not dependant on the choice of the driver. on that basis the commission finds that the manufacturer should be considered accountable for the co2 emission reduction due to the use of the innovative technology. (12) the commission finds that the verification report has been prepared by vehicles certification agency which is an independent and certified body and that the report supports the findings set out in the application. (13) against that background, the commission finds that no objections should be raised as regards the approval of the innovative technology in question. (14) for the purposes of determining the general eco-innovation code to be used in the relevant type-approval documents in accordance with annexes i, viii and ix to directive 2007/46/ec of the european parliament and of the council (7), the individual code to be used for the innovative technology approved through this implementing decision should be specified, has adopted this decision: article 1 1. the toyota light emitting diodes (leds) for use in non-externally chargeable hybrid electrified m1 vehicles (novc-hev) in the low beam headlamp, high beam headlamp, front position lamp, front fog lamp, front turn signal lamp, rear turn signal lamp, rear fog lamp, licence plate lamp and reversing lamp is approved as an innovative technology within the meaning of article 12 of regulation (ec) no 443/2009. 2. the co2 emissions reduction from the use of the toyota leds in novc-hev in all, or an appropriate combination of the lighting functions referred to in paragraph 1 shall be determined using the methodology set out in the annex. 3. the individual eco-innovation code to be entered into type-approval documentation to be used for the innovative technology approved through this implementing decision shall be 20. article 2 this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at brussels, 26 september 2016. for the commission the president jean-claude juncker (1) oj l 140, 5.6.2009, p. 1. (2) commission implementing regulation (eu) no 725/2011of 25 july 2011 establishing a procedure for the approval and certification of innovative technologies for reducing co2 emissions from passenger cars pursuant to regulation (ec) no 443/2009 of the european parliament and of the council (oj l 194, 26.7.2011, p. 19). (3) https://circabc.europa.eu/w/browse/42c4a33e-6fd7-44aa-adac-f28620bd436f (4) commission implementing decision (eu) 2016/587 of 14 april 2016 on the approval of the technology used in efficient vehicle exterior lighting using light emitting diodes as an innovative technology for reducing co2 emissions from passenger cars pursuant to regulation (ec) no 443/2009 of the european parliament and of the council (oj l 101, 16.4.2016, p. 17). (5) regulation (ec) no 715/2007 of the european parliament and of the council of 20 june 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (euro 5 and euro 6) and on access to vehicle repair and maintenance information (oj l 171, 29.6.2007, p. 1). (6) commission regulation (ec) no 692/2008 of 18 july 2008 implementing and amending regulation (ec) no 715/2007 of the european parliament and of the council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (euro 5 and euro 6) and on access to vehicle repair and maintenance information (oj l 199, 28.7.2008, p. 1). (7) directive 2007/46/ec of the european parliament ad of the council of 5 september 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (framework directive) (oj l 263, 9.10.2007, p. 1). annex methodology to determine the co2 savings of exterior vehicle lighting using light emitting diodes (leds) for the use in m1 non-externally chargeable hybrid electrified vehicles (novc-hev) 1. introduction in order to determine the co2 emission reductions that can be attributed to a package of efficient exterior led lights consisting of an appropriate combination of vehicle lights referred to in article 1 for the use in m1 non-externally chargeable hybrid electrified vehicles (novc-hevs), it is necessary to establish the following: (1) testing conditions; (2) test equipment; (3) determination of the power savings; (4) calculation of the co2 savings; (5) calculation of the statistical error. 2. symbols, parameters and units latin symbols c correction factor for the nominal voltage of the high voltage battery co2 savings [g co2/km] co2 carbon dioxide co2 correction factor [gco2/km ah], as defined in regulation un/ece no 101, annex 8 m number of efficient exterior led lights composing the package n number of measurements of the sample p power consumption of the vehicle light [w] standard deviation of the led light power consumption [w] standard deviation of the led light power consumption mean [w] standard deviation of the total co2 savings [g co2/km] t driving duration of the nedc [s], which is 1 180 s uf usage factor of the vehicle light [-] as defined in table 2 nominal voltage of the high voltage battery (traction battery) [v] operative voltage of the high voltage battery (traction battery) [v] sensitivity of calculated co2 savings related to the led light power consumption sensitivity of calculated co2 savings related to the co2 correction factor greek symbols dcdc efficiency of the dc-dc converter subscripts index (i) refers to vehicle lights index (j) refers to measurement of the sample b baseline ei eco-innovative 3. testing conditions the testing conditions shall fulfil the requirements of regulation un/ece 112 (1) on uniform provisions concerning the approval of motor vehicle headlamps emitting an asymmetrical passing beam or a driving beam or both and equipped with filament lamps and/or light-emitting diode (led) modules. the power consumption shall be determined in accordance with point 6.1.4 of regulation un/ece no 112 and points 3.2.1 and 3.2.2 of annex 10 to that regulation. 4. test equipment the following equipment is to be used, as shown in the figure: a power supply unit (i.e. variable voltage supplier); two digital multi meters, one for measuring the dc-current, and the other for measuring the dc-voltage. in the figure a possible test set-up is shown, when the dc-voltage meter is integrated in the power supply unit. test set-up 5. measurements and determination of the power savings for each efficient exterior led light included in the package the measurement of the current shall be performed as shown in the figure at a voltage of 13,2 v. led module(s) operated by an electronic light source control gear, shall be measured as specified by the applicant. the manufacturer may request that other measurements of the current shall be done at other additional voltages. in that case, the manufacturer must hand over verified documentation on the necessity to perform these other measurements to the type-approval authority. the measurements of the currents at each of those additional voltages are to be performed consecutively at least five (5) times. the exact installed voltages and the measured current is to be recorded in four decimals. the power consumption has to be determined by multiplying the installed voltage with the measured current. the average of the power consumption for each efficient exterior led light () has to be calculated. each value must be expressed in 4 decimals. when a stepper motor or electronic controller is used for the supply of the electricity to the led lamps, then the electric load of this component part is to be excluded from the measurement. the resulting power savings of each efficient exterior led light ( pi) are to be calculated with the following formula: formula 1 where the power consumption of the corresponding baseline vehicle light is defined by table 1. table 1 power requirements for different baseline vehicle lights vehicle light total electric power (pb) [w] low beam headlamp 137 high beam headlamp 150 front position 12 licence plate 12 front fog lamp 124 rear fog lamp 26 front turn signal lamp 13 rear turn signal lamp 13 reversing lamp 52 6. calculation of the co2 savings the total co2 savings of the lighting package are to be calculated by formula 2. formula 2 where uf : usage factor of the vehicle light [-] as defined in table 2. t : driving duration of the nedc [s], which is 1 180 s : co2 correction factor [gco2/km ah], as defined in regulation un/ece no 101, annex 8 dcdc : efficiency of the dc-dc converter [-] : operative voltage of the high voltage battery (traction battery) [v], defined by formula 3 formula 3 where : nominal voltage of the high voltage battery (traction battery) [v] c : correction factor for the nominal voltage of the high voltage battery, which is 0,90 for nickel-metal hydride (nimh) high voltage batteries [-] the efficiency of the dc-dc converter ( dcdc) shall be the highest value resulting from the efficiency tests performed in the operative electric current range. the measuring interval shall be equal or lower than 10 % of the operative electric current range. table 2 usage factor for different vehicle lights vehicle light usage factor (uf) [-] low beam headlamp 0,33 high beam headlamp 0,03 front position 0,36 licence plate 0,36 front fog lamp 0,01 rear fog lamp 0,01 front turn signal lamp 0,15 rear turn signal lamp 0,15 reversing lamp 0,01 7. calculation of the statistical error the statistical errors in the outcomes of the testing methodology caused by the measurements are to be quantified. for each efficient exterior led light included in the package the standard deviation is calculated as defined by formula 4. formula 4 where: n : number of measurements of the sample, which is at least 5 the co2-emission correction coefficient shall be determined from a set of t measurements performed by the manufacturer, as defined in regulation un/ece no 101, annex 8. for each measurement, the electricity balance during the test and the measured co2-emissions shall be recorded. in order to evaluate the statistical error of , all t combinations without repetitions of t-1 measurements has to be used to extrapolate t different values of (i.e. ). the extrapolation shall be performed according to the method defined in regulation un/ece no 101, annex 8. the standard deviation of is thus calculated as defined by formula 5. formula 5 where: t : number of measurements performed by the manufacturer for the extrapolation of the as defined in regulation un/ece no 101, annex 8 : mean of the t values of the standard deviation of the power consumption of each efficient exterior led light () and the standard deviation of the lead to an error in the co2 savings (). this error is to be calculated by means of formula 6. formula 6 statistical significance it has to be demonstrated for each type, variant and version of a vehicle fitted with the package of the efficient exterior led lights that the error in the co2 savings calculated with formula 6 is not greater than the difference between the total co2 savings and the minimum savings threshold specified in article 9(1) of implementing regulation (eu) no 725/2011 (see formula 7). formula 7 where: mt : minimum threshold [gco2/km], which is 1 gco2/km where the total co2 emission savings of the package of the efficient exterior led lights, as a result of the calculation using formula 2, and the error in the co2 savings calculated with formula 6, are below the threshold specified in article 9(1) of implementing regulation (eu) no 725/2011, the second subparagraph of article 11(2) of that regulation shall apply. (1) e/ece/324/rev.2/add.111/rev.3 e/ece/trans/505/rev.2/add.111/rev.3, 9 january 2013

name: council decision (eu) 2016/1716 of 20 september 2016 appointing two members and two alternate members, proposed by the kingdom of spain of the committee of the regions type: decision subject matter: europe; eu institutions and european civil service date published: 2016-09-24 24.9.2016 en official journal of the european union l 258/15 council decision (eu) 2016/1716 of 20 september 2016 appointing two members and two alternate members, proposed by the kingdom of spain of the committee of the regions the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 305 thereof, having regard to the proposal of the spanish government, whereas: (1) on 26 january 2015, 5 february 2015 and 23 june 2015, the council adopted decisions (eu) 2015/116 (1), (eu) 2015/190 (2) and (eu) 2015/994 (3) appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020. (2) two members' seats on the committee of the regions have become vacant following the end of the terms of office of mr alberto fabra part and ms nuria mar n mart nez. (3) two alternate members' seats on the committee of the regions have become vacant following the end of the terms of office mr francisco javier le n de la riva and mr fernando mart nez-maillo toribio, has adopted this decision: article 1 the following are hereby appointed to the committee of the regions for the remainder of the current term of office, which runs until 25 january 2020: (a) as members: d. juan espadas cejas, alcalde de sevilla, d. antonio rom n jasanada, alcalde de guadalajara, and (b) as alternate members: d. pedro luis sanz carlavilla, alcalde de meco, d. david p rez garc a, alcalde de alcorc n. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 20 september 2016. for the council the president i. kor ok (1) council decision (eu) 2015/116 of 26 january 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 20, 27.1.2015, p. 42). (2) council decision (eu) 2015/190 of 5 february 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 31, 7.2.2015, p. 25). (3) council decision (eu) 2015/994 of 23 june 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 159, 25.6.2015, p. 70).

name: council decision (eu) 2016/1708 of 20 september 2016 appointing a member, proposed by the federal republic of germany, of the committee of the regions type: decision subject matter: europe; eu institutions and european civil service date published: 2016-09-23 23.9.2016 en official journal of the european union l 257/15 council decision (eu) 2016/1708 of 20 september 2016 appointing a member, proposed by the federal republic of germany, of the committee of the regions the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 305 thereof, having regard to the proposal of the german government, whereas: (1) on 26 january 2015, 5 february 2015 and 23 june 2015, the council adopted decisions (eu) 2015/116 (1), (eu) 2015/190 (2) and (eu) 2015/994 (3) appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020. (2) a member's seat on the committee of the regions has become vacant following the end of the term of office of mr peter friedrich, has adopted this decision: article 1 the following is hereby appointed as a member of the committee of the regions for the remainder of the current term of office, which runs until 25 january 2020: herr guido wolf, minister der justiz und f r europa des landes baden-w rttemberg. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 20 september 2016. for the council the president i. kor ok (1) council decision (eu) 2015/116 of 26 january 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 20, 27.1.2015, p. 42). (2) council decision (eu) 2015/190 of 5 february 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 31, 7.2.2015, p. 25). (3) council decision (eu) 2015/994 of 23 june 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 159, 25.6.2015, p. 70).

name: council decision (cfsp) 2016/1671 of 15 september 2016 amending decision 2014/145/cfsp concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of ukraine type: decision subject matter: international law; criminal law; europe; international affairs; civil law; international security date published: 2016-09-16 16.9.2016 en official journal of the european union l 249/39 council decision (cfsp) 2016/1671 of 15 september 2016 amending decision 2014/145/cfsp concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of ukraine the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 17 march 2014, the council adopted decision 2014/145/cfsp (1) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of ukraine. (2) on 10 march 2016, the council adopted decision (cfsp) 2016/359 (2), thereby renewing the measures for a further six months. (3) in view of the continuing undermining or threatening of the territorial integrity, sovereignty and independence of ukraine, decision 2014/145/cfsp should be renewed for a further six months. (4) the council has reviewed the individual designations set out in the annex to decision 2014/145/cfsp. that annex should be amended. (5) decision 2014/145/cfsp should therefore be amended accordingly, has adopted this decision: article 1 decision 2014/145/cfsp is amended as follows: (1) in article 6, the second paragraph is replaced by the following: this decision shall apply until 15 march 2017.; (2) the annex is 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, 15 september 2016. for the council the president m. laj k (1) council decision 2014/145/cfsp of 17 march 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of ukraine (oj l 78, 17.3.2014, p. 16). (2) council decision (cfsp) 2016/359 of 10 march 2016 amending decision 2014/145/cfsp concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of ukraine (oj l 67, 12.3.2016, p. 37). annex i. the entries for the following persons and entities set out in the annex to decision 2014/145/cfsp are replaced by the following: list of persons name identifying information reasons date of listing 2. vladimir andreevich konstantinov ( ' ' ) dob: 19.11.1956 pob: vladimirovka (a.k.a. vladimirovca), slobozia region, moldavian ssr (now republic of moldova) or bogomol, moldavian ssr as speaker of the supreme council of the autonomous republic of crimea, konstantinov played a relevant role in the decisions taken by the supreme council concerning the referendum against territorial integrity of ukraine and called on voters to cast their votes in favour of crimean independence in the referendum of 16 march 2014. he was one of the co-signatories of the treaty on crimea's accession to the russian federation of 18 march 2014. since 17 march 2014chairman of the state council of the so-called republic of crimea. 17.3.2014 3. rustam ilmirovich temirgaliev ( ) dob: 15.8.1976 pob: ulan-ude, buryat assr (russian sfsr) as former deputy minister of crimea, temirgaliev played a relevant role in the decisions taken by the supreme council concerning the referendum of 16 march 2014 against the territorial integrity of ukraine. he lobbied actively for the integration of crimea into the russian federation. on 11 june 2014 he resigned from his function as first deputy prime minister of the so-called republic of crimea. 17.3.2014 4. denis valentinovich berezovskiy ( ) dob: 15.7.1974 pob: kharkiv, ukrainian ssr berezovskiy was appointed commander of the ukrainian navy on 1 march 2014 but thereafter swore an oath to the crimean armed forces, thereby breaking his oath to the ukrainian navy. he was then appointed deputy commander of the black sea fleet of the russian federation. 17.3.2014 6. pyotr anatoliyovych zima ( ) dob: 29.3.1965 zima was appointed as the new head of the crimean security service (sbu) on 3 march 2014 by prime minister aksyonov and accepted this appointment. he has given relevant information including a database to the russian intelligence service (fsb). this included information on euro-maidan activists and human rights defenders of crimea. he played a relevant role in preventing ukraine's authorities from controlling the territory of crimea. on 11 march 2014 the formation of an independent security service of crimea was proclaimed by former sbu officers of crimea. 17.3.2014 9. viktor alekseevich ozerov ( ) dob: 5.1.1958 pob: abakan, khakassia chairman of the security and defence committee of the federation council of the russian federation. on 1 march 2014 ozerov, on behalf of the security and defence committee of the federation council, publicly supported, in the federation council, the deployment of russian forces in ukraine. 17.3.2014 10. vladimir michailovich dzhabarov ( ' ) dob: 29.9.1952 first deputy-chairman of the international affairs committee of the federation council of the russian federation. on 1 march 2014 dzhabarov, on behalf of the international affairs committee of the federation council, publicly supported, in the federation council, the deployment of russian forces in ukraine. 17.3.2014 11. andrei aleksandrovich klishas ( ' ' ) dob: 9.11.1972 pob: sverdlovsk chairman of the committee on constitutional law of the federation council of the russian federation. on 1 march 2014 klishas publicly supported, in the federation council, the deployment of russian forces in ukraine. in public statements klishas sought to justify a russian military intervention in ukraine by claiming that the ukrainian president supports the appeal of the crimean authorities to the president of the russian federation on landing an all-encompassing assistance in defence of the citizens of crimea. 17.3.2014 12. nikolai ivanovich ryzhkov ( ) dob: 28.9.1929 pob: dyleevka, donetsk region, ukrainian ssr member of the committee for federal issues, regional politics and the north of the federation council of the russian federation. on 1 march 2014 ryzhkov publicly supported, in the federation council, the deployment of russian forces in ukraine. 17.3.2014 13. evgeni viktorovich bushmin ( ) dob: 4.10.1958 pob: lopatino, sergachiisky region, rsfsr deputy speaker of the federation council of the russian federation. on 1 march 2014 bushmin publicly supported, in the federation council, the deployment of russian forces in ukraine. 17.3.2014 14. aleksandr borisovich totoonov ( ' ) dob: 3.4.1957 pob: ordzhonikidze, north ossetia member of the committee of international affairs of the federation council of the russian federation. on 1 march 2014 totoonov publicly supported, in the federation council, the deployment of russian forces in ukraine. 17.3.2014 15. oleg evgenevich panteleev ( ) dob: 21.7.1952 pob: zhitnikovskoe, kurgan region former first deputy chairman of the committee on parliamentary issues of the federation council. on 1 march 2014 panteleev publicly supported, in the federation council, the deployment of russian forces in ukraine. currently first deputy governor of the kurgan oblast and head of the delegation of the government of kurgan oblast to the government of the russian federation. 17.3.2014 16. sergei mikhailovich mironov ( ) dob: 14.2.1953 pob: pushkin, leningrad region member of the council of the state duma; leader of fair russia faction in the duma of the russian federation. initiator of the bill allowing russian federation to admit in its composition, under the pretext of protection of russian citizens, territories of a foreign country without the consent of that country or an international treaty. 17.3.2014 17. sergei vladimirovich zheleznyak ( ' ) dob: 30.7.1970 pob: st. petersburg (former leningrad) deputy speaker of the state duma of the russian federation. actively supporting use of russian armed forces in ukraine and annexation of crimea. he led personally the demonstration in support of the use of russian armed forces in ukraine. 17.3.2014 18. leonid eduardovich slutski ( ' ' ' ) dob: 4.1.1968 pob: moscow chairman of the commonwealth of independent states (cis) committee of the state duma of the russian federation (member of the ldpr). actively supporting use of russian armed forces in ukraine and the annexation of crimea. 17.3.2014 19. aleksandr viktorovich vitko ( ' ) dob: 13.9.1961 pob: vitebsk (belarusian ssr) commander of the black sea fleet, admiral. responsible for commanding russian forces that have occupied ukrainian sovereign territory. 17.3.2014 20. anatoliy alekseevich sidorov ( ' ) dob: 2.7.1958 pob: siva, perm region, ussr former commander, russia's western military district, units of which are deployed in crimea. he was responsible for part of the russian military presence in crimea which is undermining the sovereignty of the ukraine and assisted the crimean authorities in preventing public demonstrations against moves towards a referendum and incorporation into russia. since november 2015 chief of the joint staff of the collective security treaty organisation (csto). 17.3.2014 21. aleksandr viktorovich galkin ( ' ) dob: 22.3.1958 pob: ordzhonikidze, north ossetian assr russia's southern military district, forces of which are in crimea; the black sea fleet comes under galkin's command; much of the force movement into crimea has come through the southern military district. commander of russia's southern military district (smd). smd forces are deployed in crimea. he is responsible for part of the russian military presence in crimea which is undermining the sovereignty of the ukraine and assisted the crimean authorities in preventing public demonstrations against moves towards a referendum and incorporation into russia. additionally the black sea fleet falls within the district's control. 17.3.2014 22. dmitry olegovich rogozin ( ) dob: 21.12.1963 pob: moscow deputy prime minister of the russian federation. publicly called for the annexation of crimea. 21.3.2014 23. sergey yurievich glazyev ( ) dob: 1.1.1961 pob: zaporozhye, (ukrainian ssr) adviser to the president of the russian federation. publicly called for the annexation of crimea. 21.3.2014 24. valentina ivanova matviyenko (born tyutina) ( (born )) dob: 7.4.1949, pob: shepetovka, khmelnitsky (kamenets-podolsky) region (ukrainian ssr) speaker of the federation council. on 1 march 2014, publicly supported, in the federation council, the deployment of russian forces in ukraine. 21.3.2014 25. sergei evgenevich naryshkin ( ) dob: 27.10.1954 pob: st petersburg (former leningrad) speaker of the state duma. publicly supported the deployment of russian forces in ukraine. publicly supported the russia-crimea reunification treaty and the related federal constitutional law. 21.3.2014 27. alexander mihailovich nosatov ( ' ) dob: 27.3.1963 pob: sevastopol, (ukrainian ssr) deputy-commander of the black sea fleet, rear-admiral. responsible for commanding russian forces that have occupied ukrainian sovereign territory. 21.3.2014 28. valery vladimirovich kulikov ( ' ) dob: 1.9.1956 pob: zaporozhye, (ukrainian ssr) deputy-commander of the black sea fleet, rear admiral. responsible for commanding russian forces that have occupied ukrainian sovereign territory. 21.3.2014 29. vladislav yurievich surkov ( ' ) dob: 21.9.1964, pob: solntsevo, lipetsk region aide to the president of the russian federation. he was an organiser of the process in crimea by which local crimean communities were mobilised to stage actions undermining the ukrainian authorities in crimea. 21.3.2014 30. mikhail grigorievich malyshev ( ) dob: 10.10.1955 pob: simferopol, crimea chair of the crimea electoral commission. responsible for administering the crimean referendum. responsible under the russian system for signing referendum results. 21.3.2014 31. valery kirillovich medvedev ( ' ' ) dob: 21.8.1946 pob: shmakovka, primorsky region chair of sevastopol electoral commission. responsible for administering the crimean referendum. responsible under the russian system for signing referendum results. 21.3.2014 32. lt. gen. igor nikolaevich (mykolayovich) turchenyuk ( ) dob: 5.12.1959 pob: osh, kyrgyz ssr the de facto commander of russian troops deployed on the ground in crimea (whom russia continues to refer to officially as local self-defence militias). deputy commander of the southern military district. 21.3.2014 34. dmitry nikolayevich kozak ( ) dob: 7.11.1958 pob: bandurovo, kirovograd region, ukrainian ssr deputy prime minister. responsible for overseeing the integration of the annexed autonomous republic of crimea into the russian federation. 29.4.2014 35. oleg yevgenyvich belaventsev ( ) dob: 15.9.1949 pob: moscow plenipotentiary representative of the president of the russian federation into the so-called crimean federal district, non-permanent member of the russian security council. responsible for the implementation of the constitutional prerogatives of the russian head of state on the territory of the annexed autonomous republic of crimea. 29.4.2014 37. sergei ivanovich menyailo ( ) dob: 22.8.1960 pob: alagir, north- ossetian autonomous ssr, rsfsr governor of the ukrainian annexed city of sevastopol. 29.4.2014 38. olga fedorovna kovitidi ( ' ' ) dob: 7.5.1962 pob: simferopol, ukrainian ssr member of the russian federation council from the annexed autonomous republic of crimea. 29.4.2014 40. sergei ivanovich neverov ( ) dob: 21.12.1961 pob: tashtagol, ussr deputy chairman of state duma, united russia. responsible for initiating legislation to integrate the annexed autonomous republic of crimea into the russian federation. 29.4.2014 42. valery vasilevich gerasimov ( ) dob: 8.9.1955 pob: kazan chief of the general staff of the armed forces of the russian federation, first deputy minister of defence of the russian federation, general of the army. responsible for the massive deployment of russian troops along the border with ukraine and lack of de-escalation of the situation. 29.4.2014 43. german prokopiv ( ) active leader of the lugansk guard. took part in the seizure of the building of the lugansk regional office of the security service. close links with the army of the south-east. 29.4.2014 44. valeriy dmitrievich bolotov ( ) dob: 13.2.1970 pob: stakhanov, lugansk one of the leaders of the separatist group army of the south-east which occupied the building of the security service in the lugansk region. retired officer. before seizing the building he and other accomplices possessed arms apparently supplied illegally from russia and from local criminal groups. 29.4.2014 45. andriy yevgenovych purgin ( 'i e i ), andrei evgenevich purgin ( ' ) dob: 26.1.1972 pob: donetsk active participant and organiser of separatist actions, coordinator of actions of the russian tourists in donetsk. co-founder of a civic initiative of donbass for the eurasian union. until 4 september 2015chairman of the people's council of the donetsk people's republic, currently first deputy chairman of the council of ministers. 29.4.2014 49. vyacheslav viktorovich volodin ( ' ) dob: 4.2.1964 pob: alekseevka, saratov region. first deputy chief of staff of the presidential administration of russia. responsible for overseeing the political integration of the annexed ukrainian region of crimea into the russian federation. 12.5.2014 50. vladimir anatolievich shamanov ( ' ) dob: 15.2.1957 pob: barnaul. commander of the russian airborne troops, colonel-general. in his senior position, holds responsibility for the deployment of russian airborne forces in crimea. 12.5.2014 51. vladimir nikolaevich pligin ( ' ) dob: 19.5.1960 pob: ignatovo, vologodsk oblast, ussr. chair of the duma constitutional law committee. responsible for facilitating the adoption of legislation on the annexation of crimea and sevastopol into the russian federation. 12.5.2014 53. oleg grigorievich kozyura ( ) dob: 19.12.1962 pob: zaporozhye former head of the federal migration service office for sevastopol. responsible for the systematic and expedited issuance of russian passports for the residents of sevastopol. currently assistant to sevastopol municipal council deputy mikhail chaly. 12.5.2014 54. viacheslav ponomariov, vyacheslav volodymyrovich ponomaryov ( ' ' ), viacheslav vladimirovich ponomarev ( ' ) dob: 2.5.1965 pob: sloviansk (donetsk oblast) former self-declared people's mayor of slaviansk (until 10 june 2014). ponomariov called on vladimir putin to send in russian troops to protect the city and later asked him to supply weapons. ponomariov's men were involved in kidnappings (they captured activist irma krat and simon ostrovsky, a reporter for vice news, both were later released, they detained military observers under the osce vienna document). remains active in supporting separatist actions and policies. 12.5.2014 55. igor nikolaevich bezler (a.k.a. bes (devil)) ( ) dob: 30.12.1965 pob: simferopol,crimea one of the leaders of the self-proclaimed militia of horlivka. he took control of the security service of ukraine's office in donetsk region building and afterwards seized the ministry of internal affairs' district station in the town of horlivka. he has links to ihor strielkov under whose command he was involved in the murder of the peoples' deputy of the horlivka's municipal council volodymyr rybak according to the sbu. 12.5.2014 56. igor evgenevich kakidzyanov ( ' ), igor evegenevich khakimzyanov ( ) dob: 25.7.1980 pob: makiivka (donetsk oblast) one of the leaders of armed forces of the self-proclaimed donetsk people's republic. the aim of the forces is to protect the people of the donetsk people's republic and territorial integrity of the republic according to pushylin, one of the leaders of the donetsk people's republic. 12.5.2014 58. roman viktorovich lyagin ( ) dob: 30.5.1980 pob: donetsk, ukraine head of the donetsk people's republic central electoral commission. actively organised the referendum on 11 may 2014 on the self-determination of the donetsk people's republic. former minister of labour and social policy. 12.5.2014 59. aleksandr sergeevich malykhin, alexander sergeevich malyhin ( ' ) ( ' ) dob: 12.1.1981 head of the lugansk people's republic central electoral commission. actively organised the referendum on 11 may 2014 on the self-determination of the lugansk people's republic. 12.5.2014 60. natalia vladimirovna poklonskaya ( ' ) dob: 18.3.1980 pob: mikhailovka, voroshilovgrad region, ukrainian ssr or yevpatoria, ukrainian ssr prosecutor of crimea. actively implementing russia's annexation of crimea. 12.5.2014 61. igor sergeievich shevchenko ( ) pob: sevastopol, crimea prosecutor of sevastopol. actively implementing russia's annexation of sevastopol. 12.5.2014 64. alexandr arkadievich kalyussky ( ' ' ) oleksandr arkadiyovych kalyusskiy ( ' ' ) dob: 9.10.1975 former so-called de facto deputy prime minister for social affairs of the donetsk people's republic. responsible for the separatist governmental activities of the so-called government of the donetsk people's republic. 12.7.2014 65. alexander khryakov, aleksandr vitalievich khryakov ( ' ), oleksandr vitaliyovych khryakov ( ' it i ) dob: 6.11.1958 pob: donetsk former so-called information and mass communications minister of the donetsk people's republic. currently a member of the so-called people's council of the donetsk people's republic. responsible for the pro-separatist propaganda activities of the so-called government of the donetsk people's republic. 12.7.2014 67. vasyl nikitin, vasilii aleksandrovich nikitin ( ' ) dob: 25.11.1971 pob: shargun (uzbekistan) former so-called vice prime minister of the council of ministers of the lugansk people's republic (used to be the so-called prime minister of the lugansk people's republic, and former spokesman of the army of the south-east). responsible for the separatist governmental activities of the so-called government of the lugansk people's republic. responsible for the statement of the army of the south-east that the ukrainian presidential elections in the lugansk people's republic cannot take place due to the new status of the region. remains active in supporting separatist actions or policies. 12.7.2014 68. aleksey vyacheslavovich karyakin ( ) dob: 7.4.1980 or 7.4.1979 pob: stakhanov (lugansk oblast) until 25 march 2016 so-called supreme council chair of the lugansk people's republic. currently member of the so-called people's council of the lugansk people's republic. responsible for the separatist governmental activities of the supreme council, responsible for asking the russian federation to recognize the independence of the lugansk people's republic. signatory of the memorandum of understanding on the novorossiya union. 12.7.2014 71. nikolay ivanovich kozitsyn ( ) dob: 20.6.1956 or 6.10.1956 pob: djerzjinsk, donetsk region commander of cossack forces. responsible for commanding separatists in eastern ukraine fighting against the ukrainian government forces. 12.7.2014 78. sergei orestovoch beseda ( ' ) dob: 17.5.1954 commander of the fifth service of the fsb, federal security service of the russian federation. as a senior fsb officer (colonel-general), he heads a service responsible for overseeing intelligence operations and international activity. 25.7.2014 82. pavel yurievich gubarev ( ) pavlo yuriyovich gubariev ( ) dob: 10.2.1983 pob: sievierodonetsk one of the self-described leaders of the people's republic of donetsk. he requested russian intervention in eastern ukraine, including through the deployment of russian peacekeeping forces. he is associated with igor strelkov/girkin who is responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of ukraine. gubarev was responsible for recruiting people for armed forces of separatists. responsible for taking over the regional government building in donetsk with pro-russian forces and proclaimed himself the people's governor. despite being arrested for threatening the territorial integrity of ukraine, and subsequently released, he has continued to play a prominent role in separatist activities, thus undermining the territorial integrity, sovereignty and independence of ukraine. 25.7.2014 83. ekaterina yurievna gubareva ( ), katerina yuriyovna gubarieva ( i a ) dob: 5.7.1983 or 10.3.1983 pob: kakhovka (kherson oblast) in her capacity of former so-called minister of foreign affairs she was responsible for defending the so-called donetsk people's republic, thus undermining the territorial integrity, sovereignty and independence of ukraine. in taking on and acting in this capacity she has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine. remains active in supporting separatist actions and policies. member of the so-called people's council of the donetsk people's republic. 25.7.2014 86. serhii anatoliyovych zdriliuk ( ' ) dob: 23.6.1972 pob: vinnytsia region senior aid to igor strelkov/girkin who is responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of ukraine. in taking on and acting in this capacity, zdriliuk has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine. 25.7.2014 87. vladimir antyufeyev (a.k.a. vladimir shevtsov, vladimir iurievici antiufeev, vladimir gheorghievici alexandrov, vadim gheorghievici shevtsov) ( ' ) dob: 19.2.1951 pob: novosibirsk former minister of state security in the separatist region of transnistria. former vice-prime minister of the donetsk people's republic, responsible for security and law enforcement. in his capacity, he was responsible for the separatist governmental activities of the so-called government of the donetsk people's republic. 25.7.2014 89. oksana tchigrina, oksana aleksandrovna chigrina ( ' ) dob: possibly 23.7.1981 spokesperson of the so-called government of the so-called lugansk people's republic who made declarations justifying, inter alia, the shooting down of a ukrainian military airplane, the taking of hostages, fighting activities by the illegal armed groups, which have as a consequence undermined the territorial integrity, sovereignty and unity of ukraine. 30.7.2014 93. konstantin valerevich malofeev ( ) dob: 3.7.1974 pob: puschino mr malofeev is closely linked to ukrainian separatists in eastern ukraine and crimea. he is a former employer of mr borodai, former so-called prime minister of the donetsk people's republic and met with mr aksyonov, so-called prime minister of the so-called republic of crimea, during the period of the crimean annexation process. the ukrainian government has opened a criminal investigation into his alleged material and financial support to separatists. in addition, he gave a number of public statements supporting the annexation of crimea and the incorporation of ukraine into russia and notably stated in june 2014 that you can't incorporate the whole of ukraine into russia. the east (of ukraine) maybe. therefore mr malofeev is acting in support of the destabilisation of eastern ukraine. 30.7.2014 96. alexander vladimirovich zakharchenko ( ' ' ) dob: 26.6.1976 pob: donetsk as of 7 august 2014, he replaced alexander borodai as the so-called prime minister of the donetsk people's republic. currently so-called head of the donetsk people's republic. in taking on and acting in this capacity, zakharchenko has supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine. 12.9.2014 97. vladimir kononov (a.k.a. tsar) ( ' ) dob: 14.10.1974 pob: gorsky as of 14 august 2014, he replaced igor strelkov/girkin, as the so-called defence minister of the donetsk people's republic. he has reportedly commanded a division of separatist fighters in donetsk since april 2014 and has promised to solve the strategic task of repelling ukraine's military aggression. kononov has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine. 12.9.2014 98. miroslav vladimirovich rudenko ( ' ' ) dob: 21.1.1983 pob: debaltsevo associated with the donbass people's militia. he has, inter alia, stated that they will continue their fighting in the rest of the country. rudenko has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine. member of the so-called people's council of the donetsk people's republic. 12.9.2014 99. gennadiy nikolaiovych tsypkalov, gennadii nikolaevich tsypkalov ( ' ) dob: 21.6.1973 pob: rostov oblast (russia) former so-called prime minister of the lugansk people's republic. previously active in the militia army of the south-east. tsypkalov has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine. remains active in supporting separatist actions or policies. 12.9.2014 101. oleg vladimirovich bereza ( ' ) dob: 1.3.1977 former so-called internal affairs minister of the donetsk people's republic. associated with vladimir antyufeyev, who is responsible for the separatist governmental activities of the so-called government of the donetsk people's republic. he has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine. 12.9.2014 103. aleksandr akimovich karaman ( ' ), alexandru caraman dob: 26.7.1956 or 26.6.1956 pob cioburciu, slobozia district, now republic of moldova former so-called deputy prime minister for social issues of the donetsk people's republic. associated with vladimir antyufeyev, who is responsible for the separatist governmental activities of the so-called government of the donetsk people's republic. he has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine. prot g of russia's deputy prime minister dmitry rogozin. head of the administration of the council of ministers of the donetsk people's republic. 12.9.2014 120. sergey yurievich kozyakov ( ) serhiy yurievich kozyakov ( ) dob: 29.9.1982 or 23.9.1982 in his former capacity as so-called head of the luhansk central election commission he was responsible for organising the so-called elections of 2 november 2014 in the luhansk people's republic. these elections were in breach of ukrainian law and therefore illegal. in october 2015 he was appointed as so-called minister of justice of the luhansk people's republic. in taking on and acting in these capacities, and in organising the illegal elections, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 29.11.2014 121. oleg konstantinovich akimov (a.k.a. oleh akimov) ( ) dob: 15.9.1981 pob: lugansk deputy of the lugansk economic union in the national council of the lugansk people's republic. stood as a candidate in the so-called elections, of 2 november 2014 to the post of so-called head of the lugansk people's republic. these elections were in breach of ukrainian law and therefore illegal. since 2014 he is the head of the so-called federation of trade unions and a member of the so-called people's council of the lugansk people's republic. in taking on and acting in this capacity, and in participating formally as a candidate in the illegal elections, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 29.11.2014 124. aleksandr igorevich kofman (a.k.a. oleksandr kofman) ( ' ) dob: 30.8.1977 pob: makiivka (donetsk oblast) former so-called foreign minister and so-called first deputy speaker of the parliament of the donetsk people's republic. stood as a candidate in the so-called illegal elections of 2 november 2014 to the post of so-called head of the donetsk people's republic. these elections were in breach of ukrainian law and therefore illegal. in taking part and acting in this capacity, and in participating formally as a candidate in the illegal elections, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. remains active in supporting separatist actions or policies. 29.11.2014 125. ravil zakarievich khalikov ( ) dob: 23.2.1969 pob: belozere village, romodanovskiy rayon, ussr former so-called first deputy prime minister and previous prosecutor-general of the donetsk people's republic. in taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 29.11.2014 127. oleg evgenevich bugrov ( ) dob: 29.8.1969 former defence minister of the so-called lugansk people's republic. in taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 29.11.2014 128. lesya mikhaylovna lapteva ( ) dob: 11.3.1976 pob: dzhambul/jambul (kazakhstan), currently known as taraz former minister of education, science, culture and religion of the so-called lugansk people's republic. in taking on and acting in this capacity, she has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 29.11.2014 129. yevgeniy eduardovich mikhaylov (a.k.a. yevhen eduardovych mychaylov) ( ' ' ) dob: 17.3.1963 pob: arkhangelsk former so-called minister of the council of ministers (head of the administration for governmental affairs) of the donetsk people's republic. in taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 29.11.2014 130. ihor vladymyrovych kostenok (a.k.a. igor vladimirovich kostenok) ( ' ) year of birth 1961 former so-called minister of education of the donetsk people's republic. in taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 29.11.2014 131. yevgeniy vyacheslavovich orlov (a.k.a. yevhen vyacheslavovych orlov) ( ) dob: 10.5.1980 member of the national council of the so-called donetsk people's republic. in taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 29.11.2014 134. alexey yurevich milchakov (a.k.a. fritz, serbian) ( ) dob: 30.4. 1991 pob: st. petersburg commander of the rusich unit, an armed separatist group involved in the fighting in eastern ukraine. in this capacity, he has actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 16.2.2015 137. eduard aleksandrovich basurin ( ' ' ' ) dob: 27.6.1966 pob: donetsk so-called deputy commander of the ministry of defence of the so-called donetsk people's republic. in taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 16.2.2015 140. sergey yurevich ignatov (a.k.a. kuzovlev) ( ) dob: 7.1.1967 so-called commander in chief of the people's militia of the luhansk people's republic. in taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised the country. 16.2.2015 142. aleksandr yurievich timofeev ( ' ) dob: 27.1.1974 so-called minister of revenue and taxes of the donetsk people's republic. in taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised the country. 16.2.2015 144. viktor vyacheslavovich yatsenko ( ) dob: 22.4.1985 pob: kherson so-called minister of communications of the so-called donetsk people's republic. in taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 16.2.2015 145. olga igoreva besedina ( ' ) dob: 10.12.1976 pob: lugansk former so-called minister of economic development and trade of the so-called lugansk people's republic. in taking on and acting in this capacity, she has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 16.2.2015 146. zaur raufovich ismailov ( ) dob: 25.7.1978 (or 23.3.1975) pob: krasny luch, voroshilovgrad, lugansk region so-called general prosecutor of the so-called lugansk people's republic. in taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 16.2.2015 list of entities name identifying information reasons date of listing 6. international union of public associations great don army ' ' ' official website: http://xn--80aaaajfjszd7a3b0e.xn--p1ai/ phone number: +7-8-908-178-65-57 social media: cossack national guard http://vk.com/kazak_nac_guard address: 346465 russia rostov region. october (c) district. st zaplavskaya. str shosseynaya 1 the great don army established the cossack national guard, responsible for fighting against the ukrainian government forces in eastern ukraine, thus undermining the territorial integrity, sovereignty and independence of ukraine as well as threatening the stability or security of ukraine. associated with mr nikolay kozitsyn, who is commander of cossack forces and responsible for commanding separatists in eastern ukraine fighting against the ukrainian government forces. 25.7.2014 11. vostok battalion social media: http://vk.com/patriotic_forces_of_donbas illegal armed separatist group which is considered to be one of the most important in eastern ukraine. responsible for fighting against the ukrainian government forces in eastern ukraine, thus threatening the stability or security of ukraine. actively participated in the military operations resulting in the seizure of donetsk airport. reportedly part of the so-called 1st army corps of the donetsk people's republic. 25.7.2014 19. state unitary enterprise of the republic of crimea national institute of wine magarach (formerly known as state enterprise magarach of the national institute of wine ' ' ' gosudarstvenoye predpriyatiye agrofirma magarach nacionalnogo instituta vinograda i vina magarach) the ownership of the entity was transferred contrary to the ukrainian law. on 9 april 2014 the presidium of the parliament of crimea adopted a decision no 1991-6/14on the amendments to the resolution of the state council of the republic of crimea of 26 march 2014 no. 1836-6/14on nationalisation of the property of enterprises, institutions and organisations of agro-industrial complex, located in the territory of the republic of crimea declaring the appropriation of assets belonging to the state enterprise gosudarstvenoye predpriyatiye agrofirma magarach nacionalnogo instituta vinograda i vina magarach on behalf of the republic of crimea. the enterprise is thus effectively confiscated by the crimean authorities. re-registered on 15 january 2015 as state unitary enterprise of the republic of crimea national institute of wine magarach ( - ). founder: the ministry of agriculture of the republic of crimea ( ). following a decision of the so-called cabinet of ministers of the republic of crimea, the status of the company was in january 2016 changed from state enterprise agrofirma magarach to state unitary enterprise of the republic of crimeaagrarian company of magarach. 25.7.2014 29. cossack national guard ' armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of ukraine and further destabilise ukraine. commanded by and therefore associated with a listed person nikolay kozitsyn. reportedly part of the so-called 2nd army corps of the lugansk people's republic. 16.2.2015 30. sparta battalion armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of ukraine and further destabilise ukraine. commanded by and therefore associated with a listed person arseny pavlov. reportedly part of the so-called 1st army corps of the donetsk people's republic. 16.2.2015 31. somali battalion armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of ukraine and further destabilise ukraine. commanded by and therefore associated with a listed person mikhail tolstykh (a.k.a. givi). reportedly part of the so-called 1st army corps of the donetsk people's republic. 16.2.2015 32. zarya battalion armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of ukraine and further destabilise ukraine. reportedly part of the so-called 2nd army corps of the lugansk people's republic. 16.2.2015 33. prizrak brigade ' armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of ukraine and further destabilise ukraine. reportedly part of the so-called 2nd army corps of the lugansk people's republic. 16.2.2015 34. oplot battalion social media: http://vk.com/oplot_info armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of ukraine and further destabilise ukraine. reportedly part of the so-called 1st army corps of the donetsk people's republic. 16.2.2015 35. kalmius battalion armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of ukraine and further destabilise ukraine. reportedly part of the so-called 1st army corps of the donetsk people's republic. 16.2.2015 36. death battalion armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of ukraine and further destabilise ukraine. reportedly part of the so-called 2nd army corps of the lugansk people's republic. 16.2.2015

name: council decision (eu) 2016/1623 of 1 june 2016 on the signing, on behalf of the european union and provisional application of the economic partnership agreement between the european union and its member states, of the one part, and the sadc epa states, of the other part type: decision subject matter: cooperation policy; extra-european organisations; international affairs; european construction date published: 2016-09-16 16.9.2016 en official journal of the european union l 250/1 council decision (eu) 2016/1623 of 1 june 2016 on the signing, on behalf of the european union and provisional application of the economic partnership agreement between the european union and its member states, of the one part, and the sadc epa states, of the other part the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 207(3) and (4) and article 209(2), in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) on 12 june 2002, the council authorised the commission to open negotiations for economic partnership agreements with the african, caribbean and pacific group of states. (2) the negotiations have been concluded and the economic partnership agreement between the european union and its member states, of the one part, and the sadc epa states (comprising botswana, lesotho, mozambique, namibia, swaziland and south africa), of the other part (the agreement), was initialled on 15 july 2014. (3) the partnership agreement between the members of the african, caribbean and pacific group of states, of the one part, and the european community and its member states, of the other part, signed in cotonou on 23 june 2000, calls for the conclusion of wto-compatible economic partnership agreements. (4) article 113(3) of the agreement provides for its provisional application by the union and the sadc epa states pending its entry into force. (5) the agreement should be signed on behalf of the union and it should be applied, as regards those elements falling within the competence of the union, on a provisional basis, pending the completion of the procedures for its conclusion, has adopted this decision: article 1 1. the signing on behalf of the european union of the economic partnership agreement between the european union and its member states, of the one part, and the sadc epa states, of the other part is hereby authorised on behalf of the union, subject to the conclusion of the said agreement. 2. the text of the agreement is attached to this decision. article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 3 1. as regards those elements falling within the competence of the union, the agreement shall be applied by the union on a provisional basis as provided for in article 113(3) thereof, pending the completion of the procedures for its conclusion. this does not prejudge the allocation of competences between the union and its member states in accordance with the treaties. 2. article 12(4) of the agreement shall not be provisionally applied by the union. 3. the commission shall publish a notice indicating the date of provisional application of the agreement. article 4 the agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before union or member state courts or tribunals. article 5 this decision shall enter into force on the date of its adoption. done at brussels, 1 june 2016. for the council the president a.g. koenders

name: commission implementing decision (eu) 2016/1658 of 13 september 2016 amending decision 2008/911/ec establishing a list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products (notified under document c(2016) 5747) (text with eea relevance) type: decision_impl subject matter: agricultural activity; health; plant product date published: 2016-09-15 15.9.2016 en official journal of the european union l 247/19 commission implementing decision (eu) 2016/1658 of 13 september 2016 amending decision 2008/911/ec establishing a list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products (notified under document c(2016) 5747) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 2001/83/ec of the european parliament and of the council of 6 november 2001 on the community code relating to medicinal products for human use (1), and in particular article 16f thereof, having regard to the opinion of the european medicines agency, formulated on 25 march 2014 by the committee for herbal medicinal products, whereas: (1) in 2008 an opinion of the european medicines agency established that eleutherococcus senticosus (rupr. et maxim) maxim complied with the requirements set out in directive 2001/83/ec as a herbal substance, a herbal preparation or a combination thereof within the meaning of that directive and it was therefore included in the list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products established by commission decision 2008/911/ec (2). (2) as part of its review of monographs and list entries to keep them relevant, the committee for herbal medicinal products has reviewed the list entry eleutherococcus senticosus (rupr. et maxim) maxim and adopted an opinion to change the list entry with regard to the name of the herbal substance in certain eu official languages, the phrasing of the herbal preparations, update of the reference to the european pharmacopoeia and update of some information necessary for the safe use, e.g. revision of the contraindications. some of those changes are the result of an update of the template for list entries. (3) decision 2008/911/ec should therefore be amended accordingly. (4) the measures provided for in this decision are in accordance with the opinion of the standing committee on medicinal products for human use, has adopted this decision: article 1 annex ii to decision 2008/911/ec is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 13 september 2016. for the commission vytenis andriukaitis member of the commission (1) oj l 311, 28.11.2001, p. 67. (2) commission decision 2008/911/ec of 21 november 2008 establishing of a list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products (oj l 328, 6.12.2008, p. 42). annex in annex ii to decision 2008/911/ec, the entry eleutherococcus senticosus (rupr. et maxim) maxim., radix is amended as follows: (1) the section common name in all eu official languages of herbal substance is amended as follows: (a) after fr (fran ais): racine d' leuth rocoque (racine de ginseng sib rien) the following is inserted: hr (hrvatska): korijen sibirskog ginsenga (b) v ehojovcov kore related to sk (sloven ina) is replaced by kore eleuterokoka; (2) the section herbal preparation(s) is amended as follows: (a) comminuted herbal substance for preparation of herbal tea is replaced by comminuted herbal substance; (b) liquid extract (1:1, ethanol 30-40 % v/v) is replaced by liquid extract (der 1:1, extraction solvent ethanol 30-40 % v/v); (c) dry extract (13-25: 1, ethanol 28-40 % v/v) is replaced by dry extract (der 13-25:1, extraction solvent ethanol 28-40 % v/v); (d) dry aqueous extract (15-17:1) is replaced by dry aqueous extract (der 15-17:1); (e) tincture (1:5, ethanol 40 % v/v) is replaced by tincture (ratio of herbal substance to extraction solvent 1:5, extraction solvent ethanol 40 % v/v); (3) in the section european pharmacopoeia monograph reference6.0 is replaced by 7.0; (4) in the section type of traditionchinese, european. is replaced by european, chinese.; (5) in the section specified strengthnot applicable. is replaced by please see specified posology .; (6) the section specified posology is amended as follows: (a) over 12 years of age is deleted; (b) daily dose. is replaced by average daily dose.; (c) the use is not recommended in children under 12 years of age is replaced by the use in children under 12 years of age is not recommended; (7) the section any other information necessary for the safe use is amended as follows: (a) contra-indications is replaced by contraindication; (b) the words arterial hypertension. are deleted; (c) the sentence the use in children under 12 years of age is not recommended because sufficient experience is not available are replaced by the use in children under 12 years of age is not recommended due to lack of adequate data; (d) after if the symptoms worsen during the use of the medicinal product, a doctor or a qualified healthcare practitioner should be consulted. the sentence for tinctures and extracts containing ethanol the appropriate labelling for ethanol, taken from the guideline on excipients in the label and package leaflet of medicinal products for human use, must be included. is inserted; (e) the title of subsection pregnancy and lactation is replaced by fertility, pregnancy and lactation; after the sentence in the absence of sufficient data, the use during pregnancy and lactation is not recommended.no fertility data available. is inserted; (f) in subsection undesirable effects after the frequency is not known. the sentence if other adverse reactions not mentioned above occur, a doctor or a qualified health care practitioner should be consulted. is inserted; (g) after subsection overdose the following subsections are inserted: pharmaceutical particulars (if necessary) not applicable. pharmacological effects or efficacy plausible on the basis of long-standing use and experience (if necessary for the safe use of the product) not applicable.

name: decision (eu, euratom) 2016/1463 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the education, audiovisual and culture executive agency for the financial year 2014 type: decision subject matter: budget; eu institutions and european civil service; education; culture and religion; eu finance; communications date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/120 decision (eu, euratom) 2016/1463 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the education, audiovisual and culture executive agency for the financial year 2014 the european parliament, having regard to the general budget of the european union for the financial year 2014 (1), having regard to the consolidated annual accounts of the european union for the financial year 2014 (com(2015) 377 c8-0199/2015) (2), having regard to the final annual accounts of the education, audiovisual and culture executive agency for the financial year 2014 (3), having regard to the commissions report on the follow-up to the discharge for the 2013 financial year (com(2015) 505), and to the accompanying commission staff working documents (swd(2015) 194, swd(2015) 195), having regard to the commissions annual report to the discharge authority on internal audits carried out in 2014 (com(2015) 441), and to the accompanying commission staff working document (swd(2015) 170), having regard to the court of auditors report on the annual accounts of the education, audiovisual and culture executive agency for the financial year 2014, together with the agencys reply (4), having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2014 (05585/2016 c8-0040/2016), having regard to articles 317, 318 and 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (6) and in particular articles 62, 164, 165 and 166 thereof, having regard to council regulation (ec) no 58/2003 of 19 december 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (7), and in particular article 14(3) thereof, having regard to commission regulation (ec) no 1653/2004 of 21 september 2004 on a standard financial regulation for the executive agencies pursuant to council regulation (ec) no 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (8), and in particular the first and second paragraphs of article 66 thereof, having regard to commission implementing decision 2013/776/eu of 18 december 2013 establishing the education, audiovisual and culture executive agency and repealing decision 2009/336/ec (9), having regard to rule 93 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinions of the other committees concerned (a8-0140/2016), a. whereas, under article 17(1) of the treaty on european union, the commission is to execute the budget and manage programmes and, pursuant to article 317 of the treaty on the functioning of the european union, is to implement the budget in cooperation with the member states, on its own responsibility, having regard to the principles of sound financial management; 1. grants the director of the education, audiovisual and culture executive agency discharge in respect of the implementation of the agencys budget for the financial year 2014; 2. sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the european union for the financial year 2014, section iii commission and executive agencies, and in its resolution of 28 april 2016 on the court of auditors special reports in the context of the commission discharge for the financial year 2014 (10); 3. instructs its president to forward this decision, the decision on discharge in respect of the implementation of the general budget of the european union for the financial year 2014, section iii commission and the resolution forming an integral part of those decisions, to the director of the education, audiovisual and culture executive agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj l 51, 20.2.2014. (2) oj c 377, 13.11.2015, p. 1. (3) oj c 367, 5.11.2015, p. 2. (4) oj c 409, 9.12.2015, p. 73. (5) oj c 377, 13.11.2015, p. 146. (6) oj l 298, 26.10.2012, p. 1. (7) oj l 11, 16.1.2003, p. 1. (8) oj l 297, 22.9.2004, p. 6. (9) oj l 343, 19.12.2013, p. 46. (10) texts adopted of that date, p8_ta(2016)0148 (see page 91 of this official journal).

name: decision (eu) 2016/1564 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european foundation for the improvement of living and working conditions for the financial year 2014 type: decision subject matter: eu institutions and european civil service; budget; eu finance date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/348 decision (eu) 2016/1564 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european foundation for the improvement of living and working conditions for the financial year 2014 the european parliament, having regard to the final annual accounts of the european foundation for the improvement of living and working conditions for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european foundation for the improvement of living and working conditions for the financial year 2014, together with the foundations reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the foundation in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0063/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (eec) no 1365/75 of the council of 26 may 1975 on the creation of a european foundation for the improvement of living and working conditions (4), and in particular article 16 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on employment and social affairs (a8-0120/2016), 1. grants the director of the european foundation for the improvement of living and working conditions discharge in respect of the implementation of the foundations budget for the financial year 2014; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the european foundation for the improvement of living and working conditions, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 307. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 139, 30.5.1975, p. 1. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1534 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european medicines agency for the financial year 2014 type: decision subject matter: budget; eu finance; eu institutions and european civil service date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/281 decision (eu) 2016/1534 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european medicines agency for the financial year 2014 the european parliament, having regard to the final annual accounts of the european medicines agency for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european medicines agency for the financial year 2014 together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0069/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 726/2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency (4), and in particular article 68 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on the environment, public health and food safety (a8-0114/2016), 1. grants the executive director of the european medicines agency discharge in respect of the implementation of the agencys budget for the financial year 2014; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european medicines agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.11.2015, p. 197. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 136, 30.4.2004, p. 1. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1540 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european maritime safety agency for the financial year 2014 type: decision subject matter: budget; eu finance; eu institutions and european civil service date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/295 decision (eu) 2016/1540 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european maritime safety agency for the financial year 2014 the european parliament, having regard to the final annual accounts of the european maritime safety agency for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european maritime safety agency for the financial year 2014, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0072/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 1406/2002 of the european parliament and of the council of 27 june 2002 establishing a european maritime safety agency (4), and in particular article 19 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on transport and tourism (a8-0102/2016), 1. grants the executive director of the european maritime safety agency discharge in respect of the implementation of the agencys budget for the financial year 2014; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european maritime safety agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 216. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 208, 5.8.2002, p. 1. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1478 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the general budget of the european union for the financial year 2014, section vii committee of the regions type: decision subject matter: eu institutions and european civil service; budget; eu finance date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/151 decision (eu) 2016/1478 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the general budget of the european union for the financial year 2014, section vii committee of the regions the european parliament, having regard to the general budget of the european union for the financial year 2014 (1), having regard to the consolidated annual accounts of the european union for the financial year 2014 (com(2015)0377 c8-0205/2015) (2), having regard to the court of auditors annual report on the implementation of the budget concerning the financial year 2014, together with the institutions replies (3), having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to article 314(10) and articles 317, 318 and 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (5), and in particular articles 55, 99, 164, 165 and 166 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0132/2016), 1. grants the secretary-general of the committee of the regions discharge in respect of the implementation of the budget of the committee of the regions for the financial year 2014; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision and the resolution forming an integral part of it to the committee of the regions, the european council, the council, the commission and the court of auditors, the european ombudsman, the european data protection supervisor and the european external action service, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj l 51, 20.2.2014. (2) oj c 377, 13.11.2015, p. 1. (3) oj c 373, 10.11.2015, p. 1. (4) oj c 377, 13.11.2015, p. 146. (5) oj l 298, 26.10.2012, p. 1.

name: decision (eu, euratom) 2016/1563 of the european parliament of 28 april 2016 on the closure of the accounts of the euratom supply agency for the financial year 2014 type: decision subject matter: budget; european construction; eu finance; accounting date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/347 decision (eu, euratom) 2016/1563 of the european parliament of 28 april 2016 on the closure of the accounts of the euratom supply agency for the financial year 2014 the european parliament, having regard to the final annual accounts of the euratom supply agency for the financial year 2014, having regard to the court of auditors report on the annual accounts of the euratom supply agency for the financial year 2014, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0083/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 1(2) thereof, having regard to council decision 2008/114/ec, euratom of 12 february 2008 establishing statutes for the euratom supply agency (4), and in particular article 8(9) of the annex thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0110/2016), 1. notes that the final annual accounts of the euratom supply agency are as annexed to the court of auditors report; 2. approves the closure of the accounts of the euratom supply agency for the financial year 2014; 3. instructs its president to forward this decision to the director-general of the euratom supply agency, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 19.12.2015, p. 299. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 41, 15.2.2008, p. 15.

name: decision (eu) 2016/1518 of the european parliament of 28 april 2016 on the closure of the accounts of the european environment agency for the financial year 2014 type: decision subject matter: accounting; eu finance; budget; eu institutions and european civil service date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/243 decision (eu) 2016/1518 of the european parliament of 28 april 2016 on the closure of the accounts of the european environment agency for the financial year 2014 the european parliament, having regard to the final annual accounts of the european environment agency for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european environment agency for the financial year 2014, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0066/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 401/2009 of the european parliament and of the council of 23 april 2009 on the european environment agency and the european environment information and observation network (4), and in particular article 13 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on the environment, public health and food safety (a8-0100/2016), 1. notes that the final annual accounts of the european environment agency are as annexed to the court of auditors report; 2. approves the closure of the accounts of the european environment agency for the financial year 2014; 3. instructs its president to forward this decision to the executive director of the european environment agency, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 143. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 126, 21.5.2009, p. 13. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1533 of the european parliament of 28 april 2016 on the closure of the accounts of the european institute of innovation and technology for the financial year 2014 type: decision subject matter: budget; eu finance; eu institutions and european civil service; accounting date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/279 decision (eu) 2016/1533 of the european parliament of 28 april 2016 on the closure of the accounts of the european institute of innovation and technology for the financial year 2014 the european parliament, having regard to the final annual accounts of the european institute of innovation and technology for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european institute of innovation and technology for the financial year 2014, together with the institutes reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the institute in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0091/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 294/2008 of the european parliament and of the council of 11 march 2008 establishing the european institute of innovation and technology (4), and in particular article 21 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0117/2016), 1. notes that the final annual accounts of the european institute of innovation and technology are as annexed to the court of auditors report; 2. approves the closure of the accounts of the european institute of innovation and technology for the financial year 2014; 3. instructs its president to forward this decision to the director of the european institute of innovation and technology, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 187. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 97, 9.4.2008, p. 1. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu, euratom) 2016/1468 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the innovation and networks executive agency (formerly the trans-european transport network executive agency) for the financial year 2014 type: decision subject matter: organisation of transport; eu finance; budget; research and intellectual property; european construction date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/130 decision (eu, euratom) 2016/1468 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the innovation and networks executive agency (formerly the trans-european transport network executive agency) for the financial year 2014 the european parliament, having regard to the general budget of the european union for the financial year 2014 (1), having regard to the consolidated annual accounts of the european union for the financial year 2014 (com(2015) 377 c8-0199/2015) (2), having regard to the final annual accounts of the innovation and networks executive agency (formerly the trans-european transport network executive agency) for the financial year 2014 (3), having regard to the commissions report on the follow-up to the discharge for the 2013 financial year (com(2015) 505), and to the accompanying commission staff working documents (swd(2015) 194, swd(2015) 195), having regard to the commissions annual report to the discharge authority on internal audits carried out in 2014 (com(2015) 441), and to the accompanying commission staff working document (swd(2015) 170), having regard to the court of auditors report on the annual accounts of the innovation and networks executive agency (formerly the trans-european transport network executive agency) for the financial year 2014, together with the agencys reply (4), having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2014 (05585/2016 c8-0040/2016), having regard to articles 317, 318 and 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (6) and in particular articles 62, 164, 165 and 166 thereof, having regard to council regulation (ec) no 58/2003 of 19 december 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (7), and in particular article 14(3) thereof, having regard to commission regulation (ec) no 1653/2004 of 21 september 2004 on a standard financial regulation for the executive agencies pursuant to council regulation (ec) no 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (8), and in particular the first and second paragraphs of article 66 thereof, having regard to commission implementing decision 2013/801/eu of 23 december 2013 establishing the innovation and networks executive agency and repealing decision 2007/60/ec as amended by decision 2008/593/ec (9), having regard to rule 93 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinions of the other committees concerned (a8-0140/2016), a. whereas, under article 17(1) of the treaty on european union, the commission is to execute the budget and manage programmes and, pursuant to article 317 of the treaty on the functioning of the european union, is to implement the budget in cooperation with the member states, on its own responsibility, having regard to the principles of sound financial management; 1. grants the director of the innovation and networks executive agency (formerly the trans-european transport network executive agency) discharge in respect of the implementation of the agencys budget for the financial year 2014; 2. sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the european union for the financial year 2014, section iii commission and executive agencies, and in its resolution of 28 april 2016 on the court of auditors special reports in the context of the commission discharge for the financial year 2014 (10); 3. instructs its president to forward this decision, the decision on discharge in respect of the implementation of the general budget of the european union for the financial year 2014, section iii commission and the resolution forming an integral part of those decisions, to the director of the innovation and networks executive agency (formerly the trans-european transport network executive agency), the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj l 51, 20.2.2014. (2) oj c 377, 13.11.2015, p. 1. (3) oj c 367, 5.11.2015, p. 10. (4) oj c 409, 9.12.2015, p. 362. (5) oj c 377, 13.11.2015, p. 146. (6) oj l 298, 26.10.2012, p. 1. (7) oj l 11, 16.1.2003, p. 1. (8) oj l 297, 22.9.2004, p. 6. (9) oj l 352, 24.12.2013, p. 65. (10) texts adopted of that date, p8_ta(2016)0148 (see page 91 of this official journal).

name: decision (eu) 2016/1503 of the european parliament of 28 april 2016 on the closure of the accounts of the european aviation safety agency for the financial year 2014 type: decision subject matter: eu finance; accounting; budget; eu institutions and european civil service date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/207 decision (eu) 2016/1503 of the european parliament of 28 april 2016 on the closure of the accounts of the european aviation safety agency for the financial year 2014 the european parliament, having regard to the final annual accounts of the european aviation safety agency for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european aviation safety agency for the financial year 2014, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0073/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 216/2008 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 (4), and in particular article 60 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on transport and tourism (a8-0095/2016), 1. notes that the final annual accounts of the european aviation safety agency are as annexed to the court of auditors report; 2. approves the closure of the accounts of the european aviation safety agency for the financial year 2014; 3. instructs its president to forward this decision to the executive director of the european aviation safety agency, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 81. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 79, 19.3.2008, p. 1. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1542 of the european parliament of 28 april 2016 on the closure of the accounts of the european maritime safety agency for the financial year 2014 type: decision subject matter: accounting; eu finance; eu institutions and european civil service; budget date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/300 decision (eu) 2016/1542 of the european parliament of 28 april 2016 on the closure of the accounts of the european maritime safety agency for the financial year 2014 the european parliament, having regard to the final annual accounts of the european maritime safety agency for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european maritime safety agency for the financial year 2014, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0072/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 1406/2002 of the european parliament and of the council of 27 june 2002 establishing a european maritime safety agency (4), and in particular article 19 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on transport and tourism (a8-0102/2016), 1. notes that the final annual accounts of the european maritime safety agency are as annexed to the court of auditors report; 2. approves the closure of the accounts of the european maritime safety agency for the financial year 2014; 3. instructs its president to forward this decision to the executive director of the european maritime safety agency, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 216. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 208, 5.8.2002, p. 1. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1590 of the european parliament of 28 april 2016 on the closure of the accounts of the fuel cells and hydrogen joint undertaking for the financial year 2014 type: decision subject matter: eu finance; energy policy; accounting; budget; chemistry; eu institutions and european civil service date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/409 decision (eu) 2016/1590 of the european parliament of 28 april 2016 on the closure of the accounts of the fuel cells and hydrogen joint undertaking for the financial year 2014 the european parliament, having regard to the final annual accounts of the fuel cells and hydrogen joint undertaking for the financial year 2014, having regard to the court of auditors report on the annual accounts of the fuel cells and hydrogen joint undertaking for the financial year 2014, together with the joint undertakings reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 c8-0057/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 209 thereof, having regard to council regulation (ec) no 521/2008 of 30 may 2008 setting up the fuel cells and hydrogen joint undertaking (4), having regard to council regulation (eu) no 559/2014 of 6 may 2014 establishing the fuel cells and hydrogen 2 joint undertaking (5), and in particular article 1(2) and article 12 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (6), having regard to commission delegated regulation (eu) no 110/2014 of 30 september 2013 on the model financial regulation for public-private partnership bodies referred to in article 209 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (7), having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0083/2016), 1. approves the closure of the accounts of the fuel cells and hydrogen joint undertaking for the financial year 2014; 2. instructs its president to forward this decision to the executive director of the fuel cells and hydrogen 2 joint undertaking, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 422, 17.12.2015, p. 51. (2) oj c 422, 17.12.2015, p. 53. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 153, 12.6.2008, p. 1. (5) oj l 169, 7.6.2014, p. 108. (6) oj l 357, 31.12.2002, p. 72. (7) oj l 38, 7.2.2014, p. 2.

name: decision (eu) 2016/1558 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european agency for safety and health at work for the financial year 2014 type: decision subject matter: budget; eu finance; eu institutions and european civil service date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/338 decision (eu) 2016/1558 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european agency for safety and health at work for the financial year 2014 the european parliament, having regard to the final annual accounts of the european agency for safety and health at work for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european agency for safety and health at work for the financial year 2014, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0067/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to council regulation (ec) no 2062/94 of 18 july 1994 establishing a european agency for safety and health at work (4), and in particular article 14 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on employment and social affairs (a8-0134/2016), 1. grants the director of the european agency for safety and health at work discharge in respect of the implementation of the agencys budget for the financial year 2014; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the european agency for safety and health at work, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 284. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 216, 20.8.1994, p. 1. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1506 of the european parliament of 28 april 2016 on the closure of the accounts of the european asylum support office for the financial year 2014 type: decision subject matter: accounting; eu finance; budget; eu institutions and european civil service date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/214 decision (eu) 2016/1506 of the european parliament of 28 april 2016 on the closure of the accounts of the european asylum support office for the financial year 2014 the european parliament, having regard to the final annual accounts of the european asylum support office for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european asylum support office for the financial year 2014, together with the offices reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the office in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0092/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (eu) no 439/2010 of the european parliament and of the council of 19 may 2010 establishing a european asylum support office (4), in particular article 36 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0133/2016), 1. notes that the final annual accounts of the european asylum support office are as annexed to the court of auditors report; 2. approves the closure of the accounts of the european asylum support office for the financial year 2014; 3. instructs its president to forward this decision to the executive director of the european asylum support office, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 102. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 132, 29.5.2010, p. 11. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1575 of the european parliament of 28 april 2016 on the closure of the accounts of the european union agency for fundamental rights for the financial year 2014 type: decision subject matter: budget; accounting; eu institutions and european civil service; eu finance date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/373 decision (eu) 2016/1575 of the european parliament of 28 april 2016 on the closure of the accounts of the european union agency for fundamental rights for the financial year 2014 the european parliament, having regard to the final annual accounts of the european union agency for fundamental rights for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european union agency for fundamental rights for the financial year 2014, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0064/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to council regulation (ec) no 168/2007 of 15 february 2007 establishing a european union agency for fundamental rights (4), and in particular article 21 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0108/2016), 1. notes that the final annual accounts of the european union agency for fundamental rights are as annexed to the court of auditors report; 2. approves the closure of the accounts of the european union agency for fundamental rights for the financial year 2014; 3. instructs its president to forward this decision to the director of the european union agency for fundamental rights, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 334. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 53, 22.2.2007, p. 1. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1591 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the innovative medicines initiative 2 joint undertaking (formerly the joint undertaking for the implementation of the joint technology initiative on innovative medicines) for the financial year 2014 type: decision subject matter: eu finance; budget; research and intellectual property; eu institutions and european civil service; health date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/411 decision (eu) 2016/1591 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the innovative medicines initiative 2 joint undertaking (formerly the joint undertaking for the implementation of the joint technology initiative on innovative medicines) for the financial year 2014 the european parliament, having regard to the final annual accounts of the innovative medicines initiative 2 joint undertaking (formerly the joint undertaking for the implementation of the joint technology initiative on innovative medicines) for the financial year 2014, having regard to the court of auditors report on the annual accounts of the innovative medicines initiative joint undertaking for the financial year 2014, together with the joint undertakings replies (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 c8-0056/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 209 thereof, having regard to council regulation (ec) no 73/2008 of 20 december 2007 setting up the joint undertaking for the implementation of the joint technology initiative on innovative medicines (4), having regard to council regulation (ec) no 557/2014 of 6 may 2014 establishing the innovative medicines initiative 2 joint undertaking (5), and in particular article 1(2) and article 12 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (6), having regard to commission delegated regulation (eu) no 110/2014 of 30 september 2013 on the model financial regulation for public-private partnership bodies referred to in article 209 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (7), having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0081/2016), 1. grants the executive director of the innovative medicines initiative 2 joint undertaking (formerly the joint undertaking for the implementation of the joint technology initiative on innovative medicines) discharge in respect of the implementation of the joint undertakings budget for the financial year 2014; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision and the resolution forming an integral part of it to the executive director of the innovative medicines initiative 2 joint undertaking (formerly the joint undertaking for the implementation of the joint technology initiative on innovative medicines), the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 422, 17.12.2015, p. 61. (2) oj c 422, 17.12.2015, p. 62. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 30, 4.2.2008, p. 38. (5) oj l 169, 7.6.2014, p. 54. (6) oj l 357, 31.12.2002, p. 72. (7) oj l 38, 7.2.2014, p. 2.

name: decision (eu) 2016/1593 of the european parliament of 28 april 2016 on the closure of the accounts of the innovative medicines initiative 2 joint undertaking (formerly the joint undertaking for the implementation of the joint technology initiative on innovative medicines) for the financial year 2014 type: decision subject matter: research and intellectual property; accounting; eu finance; health; eu institutions and european civil service; budget date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/416 decision (eu) 2016/1593 of the european parliament of 28 april 2016 on the closure of the accounts of the innovative medicines initiative 2 joint undertaking (formerly the joint undertaking for the implementation of the joint technology initiative on innovative medicines) for the financial year 2014 the european parliament, having regard to the final annual accounts of the innovative medicines initiative 2 joint undertaking (formerly the joint undertaking for the implementation of the joint technology initiative on innovative medicines) for the financial year 2014, having regard to the court of auditors report on the annual accounts of the innovative medicines initiative joint undertaking for the financial year 2014, together with the joint undertakings replies (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 c8-0056/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 209 thereof, having regard to council regulation (ec) no 73/2008 of 20 december 2007 setting up the joint undertaking for the implementation of the joint technology initiative on innovative medicines (4), having regard to council regulation (ec) no 557/2014 of 6 may 2014 establishing the innovative medicines initiative 2 joint undertaking (5), and in particular article 1(2) and article 12 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (6), having regard to commission delegated regulation (eu) no 110/2014 of 30 september 2013 on the model financial regulation for public-private partnership bodies referred to in article 209 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (7), having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0081/2016), 1. approves the closure of the accounts of the innovative medicines initiative 2 joint undertaking (formerly the joint undertaking for the implementation of the joint technology initiative on innovative medicines) for the financial year 2014; 2. instructs its president to forward this decision to the executive director of the innovative medicines initiative 2 joint undertaking (formerly the joint undertaking for the implementation of the joint technology initiative on innovative medicines), the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 422, 17.12.2015, p. 61. (2) oj c 422, 17.12.2015, p. 62. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 30, 4.2.2008, p. 38. (5) oj l 169, 7.6.2014, p. 54. (6) oj l 357, 31.12.2002, p. 72. (7) oj l 38, 7.2.2014, p. 2.

name: decision (eu) 2016/1495 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european centre for the development of vocational training for the financial year 2014 type: decision subject matter: eu institutions and european civil service; budget; eu finance date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/187 decision (eu) 2016/1495 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european centre for the development of vocational training for the financial year 2014 the european parliament, having regard to the final annual accounts of the european centre for the development of vocational training for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european centre for the development of vocational training for the financial year 2014, together with the centres reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the centre in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0062/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (eec) no 337/75 of the council of 10 february 1975 establishing a european centre for the development of vocational training (4), and in particular article 12a thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on employment and social affairs (a8-0082/2016), 1. grants the director of the european centre for the development of vocational training discharge in respect of the implementation of the centres budget for the financial year 2014; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the european centre for the development of vocational training, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 39. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 39, 13.2.1975, p. 1. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1519 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european fisheries control agency for the financial year 2014 type: decision subject matter: budget; eu institutions and european civil service; eu finance date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/245 decision (eu) 2016/1519 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european fisheries control agency for the financial year 2014 the european parliament, having regard to the final annual accounts of the european fisheries control agency for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european fisheries control agency for the financial year 2014, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0081/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to council regulation (ec) no 768/2005 of 26 april 2005 establishing a community fisheries control agency and amending regulation (eec) no 2847/93 establishing a control system applicable to the common fisheries policy (4), and in particular article 36 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on fisheries (a8-0104/2016), 1. grants the executive director of the european fisheries control agency discharge in respect of the implementation of the agencys budget for the financial year 2014; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european fisheries control agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 151. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 128, 21.5.2005, p. 1. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1584 of the european parliament of 28 april 2016 on the closure of the accounts of the clean sky joint undertaking for the financial year 2014 type: decision subject matter: eu institutions and european civil service; budget; mechanical engineering; eu finance; accounting date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/394 decision (eu) 2016/1584 of the european parliament of 28 april 2016 on the closure of the accounts of the clean sky joint undertaking for the financial year 2014 the european parliament, having regard to the final annual accounts of the clean sky joint undertaking for the financial year 2014, having regard to the court of auditors report on the annual accounts of the clean sky joint undertaking for the financial year 2014, together with the joint undertakings replies (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 c8-0054/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 209 thereof, having regard to council regulation (ec) no 71/2008 of 20 december 2007 setting up the clean sky joint undertaking (4), having regard to council regulation (eu) no 558/2014 of 6 may 2014 establishing the clean sky 2 joint undertaking (5), and in particular article 1(2) and article 12 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (6), having regard to commission delegated regulation (eu) no 110/2014 of 30 september 2013 on the model financial regulation for public-private partnership bodies referred to in article 209 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (7), having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0094/2016), 1. approves the closure of the accounts of the clean sky joint undertaking for the financial year 2014; 2. instructs its president to forward this decision to the executive director of the clean sky 2 joint undertaking, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 422, 17.12.2015, p. 17. (2) oj c 422, 17.12.2015, p. 19. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 30, 4.2.2008, p. 1. (5) oj l 169, 7.6.2014, p. 77. (6) oj l 357, 31.12.2002, p. 72. (7) oj l 38, 7.2.2014, p. 2.

name: decision (eu, euratom) 2016/1605 of the european parliament of 28 april 2016 on the closure of the accounts of the european joint undertaking for iter and the development of fusion energy for the financial year 2014 type: decision subject matter: eu institutions and european civil service; electrical and nuclear industries; budget; eu finance; accounting date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/445 decision (eu, euratom) 2016/1605 of the european parliament of 28 april 2016 on the closure of the accounts of the european joint undertaking for iter and the development of fusion energy for the financial year 2014 the european parliament, having regard to the final annual accounts of the european joint undertaking for iter and the development of fusion energy for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european joint undertaking for iter and the development of fusion energy for the financial year 2014, together with the joint undertakings reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 c8-0052/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to council decision 2007/198/euratom of 27 march 2007 establishing the european joint undertaking for iter and the development of fusion energy and conferring advantages upon it (4), and in particular article 5(3) thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0097/2016), 1. postpones the closure of the accounts of the european joint undertaking for iter and the development of fusion energy for the financial year 2014; 2. instructs its president to forward this decision to the director of the european joint undertaking for iter and the development of fusion energy, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 422, 17.12.2015, p. 33. (2) oj c 422, 17.12.2015, p. 34. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 90, 30.3.2007, p. 58. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1504 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european asylum support office for the financial year 2014 type: decision subject matter: eu finance; budget; eu institutions and european civil service date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/209 decision (eu) 2016/1504 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european asylum support office for the financial year 2014 the european parliament, having regard to the final annual accounts of the european asylum support office for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european asylum support office for the financial year 2014, together with the offices reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the office in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0092/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (eu) no 439/2010 of the european parliament and of the council of 19 may 2010 establishing a european asylum support office (4), in particular article 36 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0133/2016), 1. grants the executive director of the european asylum support office discharge in respect of the implementation of the offices budget for the financial year 2014; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european asylum support office, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 102. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 132, 29.5.2010, p. 11. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2016/1570 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european police office (europol) for the financial year 2014 type: decision subject matter: budget; eu finance; european construction date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/361 decision (eu) 2016/1570 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the european police office (europol) for the financial year 2014 the european parliament, having regard to the final annual accounts of the european police office for the financial year 2014, having regard to the court of auditors report on the annual accounts of the european police office for the financial year 2014, together with the offices reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the office in respect of the implementation of the budget for the financial year 2014 (05584/2016 c8-0084/2016), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to council decision 2009/371/jha of 6 april 2009 establishing the european police office (europol) (4), and in particular article 43 thereof, having regard to commission regulation (ec, euratom) no 2343/2002 of 19 november 2002 on the framework financial regulation for the bodies referred to in article 185 of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (5), having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0122/2016), 1. grants the director of the european police office discharge in respect of the implementation of the offices budget for the financial year 2014; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the european police office, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj c 409, 9.12.2015, p. 324. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 121, 15.5.2009, p. 37. (5) oj l 357, 31.12.2002, p. 72. (6) oj l 328, 7.12.2013, p. 42.

name: decision (eu, euratom) 2016/1467 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the research executive agency for the financial year 2014 type: decision subject matter: eu finance; budget; eu institutions and european civil service; research and intellectual property date published: 2016-09-14 14.9.2016 en official journal of the european union l 246/128 decision (eu, euratom) 2016/1467 of the european parliament of 28 april 2016 on discharge in respect of the implementation of the budget of the research executive agency for the financial year 2014 the european parliament, having regard to the general budget of the european union for the financial year 2014 (1), having regard to the consolidated annual accounts of the european union for the financial year 2014 (com(2015) 377 c8-0199/2015) (2), having regard to the final annual accounts of the research executive agency for the financial year 2014 (3), having regard to the commissions report on the follow-up to the discharge for the 2013 financial year (com(2015) 505), and to the accompanying commission staff working documents (swd(2015) 194, swd(2015) 195), having regard to the commissions annual report to the discharge authority on internal audits carried out in 2014 (com(2015) 441), and to the accompanying commission staff working document (swd(2015) 170), having regard to the court of auditors report on the annual accounts of the research executive agency for the financial year 2014, together with the agencys reply (4), having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2014, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 12 february 2016 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2014 (05585/2016 c8-0040/2016), having regard to articles 317, 318 and 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (6) and in particular articles 62, 164, 165 and 166 thereof, having regard to council regulation (ec) no 58/2003 of 19 december 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (7), and in particular article 14(3) thereof, having regard to commission regulation (ec) no 1653/2004 of 21 september 2004 on a standard financial regulation for the executive agencies pursuant to council regulation (ec) no 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (8), and in particular the first and second paragraphs of article 66 thereof, having regard to commission implementing decision 2013/778/eu of 13 december 2013 establishing the research executive agency and repealing decision 2008/46/ec (9), having regard to rule 93 of and annex v to its rules of procedure, having regard to the report of the committee on budgetary control and the opinions of the other committees concerned (a8-0140/2016), a. whereas, under article 17(1) of the treaty on european union, the commission is to execute the budget and manage programmes and, pursuant to article 317 of the treaty on the functioning of the european union, is to implement the budget in cooperation with the member states, on its own responsibility, having regard to the principles of sound financial management; 1. grants the director of the research executive agency discharge in respect of the implementation of the agencys budget for the financial year 2014; 2. sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the european union for the financial year 2014, section iii commission and executive agencies, and in its resolution of 28 april 2016 on the court of auditors' special reports in the context of the commission discharge for the financial year 2014 (10); 3. instructs its president to forward this decision, the decision on discharge in respect of the implementation of the general budget of the european union for the financial year 2014, section iii commission and the resolution forming an integral part of those decisions, to the director of the research executive agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president martin schulz the secretary-general klaus welle (1) oj l 51, 20.2.2014. (2) oj c 377, 13.11.2015, p. 1. (3) oj c 367, 5.11.2015, p. 10. (4) oj c 409, 9.12.2015, p. 379. (5) oj c 377, 13.11.2015, p. 146. (6) oj l 298, 26.10.2012, p. 1. (7) oj l 11, 16.1.2003, p. 1. (8) oj l 297, 22.9.2004, p. 6. (9) oj l 346, 20.12.2013, p. 54. (10) texts adopted of that date, p8_ta(2016)0148 (see page 91 of this official journal).

name: political and security committee decision (cfsp) 2016/1634 of 30 august 2016 on the appointment of the head of mission of the european union integrated border management assistance mission in libya (eubam libya) (eubam libya/1/2016) type: decision subject matter: eu institutions and european civil service; cooperation policy; european construction; international security; politics and public safety; africa date published: 2016-09-10 10.9.2016 en official journal of the european union l 243/10 political and security committee decision (cfsp) 2016/1634 of 30 august 2016 on the appointment of the head of mission of the european union integrated border management assistance mission in libya (eubam libya) (eubam libya/1/2016) the political and security committee, having regard to the treaty on european union, and in particular the third paragraph of article 38 thereof, having regard to the council decision 2013/233/cfsp of 22 may 2013 on the european union integrated border management assistance mission in libya (eubam libya) (1), and in particular article 9(1) thereof, whereas: (1) pursuant to article 9(1) of decision 2013/233/cfsp, the political and security committee (psc) is authorised, in accordance with article 38 of the treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the european union integrated border management assistance mission in libya (eubam libya), including the decision to appoint a head of mission. (2) on 24 may 2013, the psc adopted decision eubam libya/1/2013 (2), appointing mr antti juhani hartikainen as head of mission of eubam libya for the period from 22 may 2013 to 21 may 2014. (3) on 30 april 2014, the psc adopted decision eubam libya/3/2014 (3), extending the mandate of mr antti juhani hartikainen as head of mission of eubam libya to 21 may 2015. (4) on 18 july 2016, the council adopted decision (cfsp) 2016/1339 (4), amending and extending decision 2013/233/cfsp to 21 august 2017. (5) on 16 august 2016, the high representative of the union for foreign affairs and security policy proposed the appointment of mr vincenzo tagliaferri as head of mission of eubam libya from 1 september 2016, has adopted this decision: article 1 mr vincenzo tagliaferri is hereby appointed head of mission of the european union integrated border management assistance mission in libya (eubam libya) from 1 september 2016 to 21 august 2017. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 30 august 2016. for the political and security committee the chairperson w. stevens (1) oj l 138, 24.5.2013, p. 15. (2) political and security committee decision 2013/254/cfsp of 24 may 2013 on the appointment of the head of mission of the european union integrated border management assistance mission in libya (eubam libya)(eubam libya/1/2013) (oj l 147, 1.6.2013, p. 13). (3) political and security committee decision 2014/258/cfsp of 30 april 2014 extending the mandate of the head of mission of the european union integrated border management assistance mission in libya (eubam libya) (eubam libya/3/2014) (oj l 136, 9.5.2014, p. 25). (4) council decision (cfsp) 2016/1339 of 4 august 2016 amending and extending decision 2013/233/cfsp on the european union integrated border management assistance mission in libya (eubam libya) (oj l 212, 5.8.2016, p. 111).

name: political and security committee decision (cfsp) 2016/1632 of 26 july 2016 on the appointment of the head of mission of the european union csdp mission in niger (eucap sahel niger) (eucap sahel niger/1/2016) type: decision subject matter: africa; european construction; eu institutions and european civil service date published: 2016-09-10 10.9.2016 en official journal of the european union l 243/6 political and security committee decision (cfsp) 2016/1632 of 26 july 2016 on the appointment of the head of mission of the european union csdp mission in niger (eucap sahel niger) (eucap sahel niger/1/2016) the political and security committee, having regard to the treaty on european union, and in particular the third paragraph of article 38 thereof, having regard to the council decision 2012/392/cfsp of 16 july 2012 on the european union csdp mission in niger (eucap sahel niger) (1), and in particular article 9(1) thereof, whereas: (1) pursuant to article 9(1) of decision 2012/392/cfsp, the political and security committee (psc) is authorised, in accordance with article 38 of the treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of eucap sahel niger, including, in particular, the decision to appoint a head of mission. (2) on 6 may 2014, the psc adopted decision eucap sahel niger/2/2014 (2), appointing mr filip de ceuninck as head of mission of eucap sahel niger from 6 may 2014 to 15 july 2014. (3) on 22 july 2014, the council adopted decision 2014/482/cfsp (3), extending the mandate of eucap sahel niger from 16 july 2014 to 15 july 2016. (4) on 24 july 2014, the psc adopted decision eucap sahel niger/3/2014 (4), extending the mandate of mr filip de ceuninck as head of mission of eucap sahel niger from 16 july 2014 to 15 july 2015. (5) on 15 april 2015, the psc adopted decision (cfsp) 2015/611 (5), extending the mandate of mr filip de ceuninck as head of mission of eucap sahel niger from 16 july 2015 to 15 july 2016. (6) on 18 july 2016, the council adopted decision (cfsp) 2016/1172 (6), extending the mandate of eucap sahel niger from 16 july 2016 to 15 july 2018. (7) on 22 july 2016, the high representative of the union for foreign affairs and security policy proposed the appointment of ms kirsi henriksson as head of mission of eucap sahel niger, has adopted this decision: article 1 ms kirsi henriksson is hereby appointed as head of mission of the european union csdp mission in niger (eucap sahel niger) from 1 september 2016 to 15 july 2017. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 26 july 2016. for the political and security committee the chairperson w. stevens (1) oj l 187, 17.7.2012, p. 48. (2) political and security committee decision eucap sahel niger/2/2014 of 6 may 2014 on the appointment of the head of mission of the european union csdp mission in niger (eucap sahel niger) (oj l 136, 9.5.2014, p. 26). (3) council decision 2014/482/cfsp of 22 july 2014 amending decision 2012/392/cfsp on the european union csdp mission in niger (eucap sahel niger) (oj l 217, 23.7.2014, p. 31). (4) political and security committee decision eucap sahel niger/3/2014 of 24 july 2014 extending the mandate of the head of mission of the european union csdp mission in niger (eucap sahel niger) (oj l 267, 6.9.2014, p. 5). (5) political and security committee decision (cfsp) 2015/611 of 15 april 2015 extending the mandate of the head of mission of the european union csdp mission in niger (eucap sahel niger) (eucap sahel niger/1/2015) (oj l 101, 18.4.2015, p. 61). (6) council decision (cfsp) 2016/1172 of 18 july 2016 amending decision 2012/392/cfsp on the european union csdp mission in niger (eucap sahel niger) (oj l 193, 19.7.2016, p. 106).

name: commission implementing decision (eu) 2016/1372 of 10 august 2016 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states, as regards the entries for latvia and poland (notified under document c(2016) 5319) (text with eea relevance) type: decision_impl subject matter: agricultural activity; agricultural policy; health; europe; regions of eu member states; means of agricultural production date published: 2016-08-12 12.8.2016 en official journal of the european union l 217/38 commission implementing decision (eu) 2016/1372 of 10 august 2016 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states, as regards the entries for latvia and poland (notified under document c(2016) 5319) (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, having regard to council directive 2002/99/ec of 16 december 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3), and in particular article 4(3) thereof, whereas: (1) commission implementing decision 2014/709/eu (4) lays down animal health control measures in relation to african swine fever in certain member states. the annex to that implementing decision demarcates and lists certain areas of those members states in parts i, ii, iii and iv thereof differentiated by the level of risk based on the epidemiological situation. that list includes certain areas of latvia and poland. (2) in august 2016, cases of african swine fever in feral pig populations occurred in the area of tukums in latvia. this area is listed in part i of the annex to implementing decision 2014/709/eu and it is in close proximity to the unrestricted areas of latvia. in august 2016, an outbreak of african swine fever in domestic pigs occurred in gulbenes in latvia in part ii of the annex thereto. the occurrence of this second outbreak constitutes an increase in the level of risk that needs to be taken into account. accordingly, certain areas of latvia listed in part i should now be listed in part ii, certain new areas of latvia should be included in the list in part i and certain areas of latvia listed in part ii should be included in the list in part iii of the annex to implementing decision 2014/709/eu. (3) in august 2016, one outbreak of african swine fever in domestic pigs occurred in wysokomazowiecki in poland in an area currently listed in part i of the annex to implementing decision 2014/709/eu. the occurrence of this outbreak, together with the absence of viral circulation of this disease in the feral pig populations in proximity of the outbreak constitute an increase in the level of risk that needs to be taken into account. in august 2016, another outbreak of african swine fever in domestic pigs occurred in siemiatycki in poland in close proximity to the border with belarus. the occurrence of this second outbreak, together with unknown situation in this neighbouring third country, constitutes an increase in the level of risk that needs to be taken into account. accordingly, certain areas of poland listed in part i should now be listed in part iii and certain new areas of poland should be included in the list in part i of the annex to implementing decision 2014/709/eu. (4) the evolution of the current epidemiological situation of african swine fever in the affected feral pig populations in the union should be taken into account in the assessment of the animal health risk posed by to that situation as regards that disease in latvia and poland. in order to focus the animal health control measures provided for in implementing decision 2014/709/ eu and to prevent the further spread of african swine fever, as well as to prevent any unnecessary disturbance to trade within the union and to avoid unjustified barriers to trade by third countries, the union list of areas subject to the animal health control measures set out in the annex to that implementing decision should be amended to take into account the changes in the current epidemiological situation as regards that disease in latvia and poland. (5) the annex to implementing decision 2014/709/eu should therefore be amended accordingly. (6) 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 the annex to implementing decision 2014/709/eu is replaced by the text set out in the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 10 august 2016. 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) oj l 18, 23.1.2003, p. 11. (4) commission implementing decision 2014/709/eu of 9 october 2014 concerning animal health control measures relating to african swine fever in certain member states and repealing implementing decision 2014/178/eu (oj l 295, 11.10.2014, p. 63). annex annex part i 1. latvia the following areas in latvia: in the novads of bauskas, the pagasti of sl ces, gail u, brunavas and ceraukstes, in the novads of dobeles, the pagasti of bikstu, zebrenes, annenieku, naud tes, penkules, auru and krim nu, dobeles, berzes, the part of the pagasts of jaunb rzes located to the west of road p98, and the pils ta of dobele, in the novads of jelgavas, the pagasti of gl das, sv tes, platones, vircavas, jaunsvirlaukas, za enieku, vilces, lielplatones, elejas and sesavas, in the novads of kandavas, the pagasti of v nes and matkules, in the novads of talsu, the pagasti of lubes, ves, valdgales, ibu u, l bagu, laidzes, rlavas, abavas, the pils tas of sabile, talsi, stende and valdem rpils, the novads of broc nu, the novads of dundagas, the novads of jaunpils, the novads of rojas, the novads of rund les, the novads of stopi u, the novads of t rvetes, the pils ta of bauska, the republikas pils ta of jelgava, the republikas pils ta of j rmala. 2. lithuania the following areas in lithuania: in the rajono savivaldyb of jurbarkas, the seni nijos of raudon s, veliuonos, sered iaus and juodai i , in the rajono savivaldyb of pakruojis, the seni nijos of klovaini , rozalimo and pakruojo, in the rajono savivaldyb of paneve ys, the part of the krekenavos seni nija located to the west of the river nev is, in the rajono savivaldyb of raseiniai, the seni nijos of ariogalos, ariogalos miestas, betygalos, pagojuk and iluvos, in the rajono savivaldyb of akiai, the seni nijos of plok i , kri k , lek i , luk i , gri kab d io, barzd , virg dai i , sintaut , kudirkos naumies io, slavik , aki , the rajono savivaldyb of pasvalys, the rajono savivaldyb of vilkavi kis, the rajono savivaldyb of radvili kis, the savivaldyb of kalvarija, the savivaldyb of kazl r da, the savivaldyb of marijampol . 3. poland the following areas in poland: in the wojew dztwo podlaskie: the gminy of august w with the city of august w, nowinka, p aska, sztabin and barg w ko cielny in the powiat augustowski, the gminy of bra sk with the city of bra sk, bo ki, rudka, wyszki, the part of the gmina of bielsk podlaski located to the west of the line created by road number 19 (going northwards from the city of bielsk podlaski) and prolonged by the eastern border of the city of bielsk podlaski and road number 66 (going southwards from the city of bielsk podlaski), the city of bielsk podlaski, the part of the gmina of orla located to the west of road number 66, in the powiat bielski, the gminy of choroszcz, juchnowiec ko cielny, sura , turo ko cielna, tykocin, apy, po witne, zawady and dobrzyniewo du e in the powiat bia ostocki, the gminy of drohiczyn, dziadkowice, grodzisk, milejczyce and perlejewo in the powiat siemiatycki, the gminy of rutka-tartak, szypliszki, suwa ki, raczki in the powiat suwalski, the gminy of suchowola and korycin in the powiat sok lski, the parts of the gminy of kleszczele and czeremcha located to the west of road number 66, in the powiat hajnowski, the powiat om y ski, the powiat m. bia ystok, the powiat m. om a, the powiat m. suwa ki, the powiat moniecki, the powiat sejne ski, the powiat wysokomazowiecki, the powiat zambrowski. in the wojew dztwo mazowieckie: the gminy of ceran w, jab onna lacka, sterdy and repki in the powiat soko owski, the gminy of korczew, przesmyki, paprotnia in the powiat siedlecki, the gminy of rzeku , troszyn, czerwin and goworowo in the powiat ostro cki, the powiat osicki, the powiat ostrowski. in the wojew dztwo lubelskie: the gmina of hanna in the powiat w odawski, the gminy of konstantyn w, jan w podlaski, le na podlaska, rokitno, bia a podlaska, zalesie, terespol with the city of terespol, piszczac, kode , tuczna, s awatycze and sosn wka in the powiat bialski, the powiat m. bia a podlaska. part ii 1. estonia the following areas in estonia: the linn of kallaste, the linn of rakvere, the linn of tartu, the linn of viljandi, the maakond of harjumaa (excluding the part of the vald of kuusalu located to the south of road 1 (e20), the vald of aegviidu and the vald of anija), the maakond of ida-virumaa, the maakond of l nemaa, the maakond of p rnumaa, the maakond of p lvamaa, the maakond of raplamaa, the part of the vald of kuusalu located to the north of road 1 (e20), the part of the vald of p rsti located to the west of road 24126, the part of the vald of suure-jaani located to the west of road 49, the part of the vald of tamsalu located to the north-east of the tallinn-tartu railway, the part of the vald of tartu located to the east of the tallinn-tartu railway, the part of the vald of viiratsi located to the west of the line defined by the western part of road 92 until the junction to road 155, then road 155 until the junction to road 24156, then road 24156 until it crosses verilaske river, then the verilaske river until it reaches the southern border of the vald, the vald of abja, the vald of alatskivi, the vald of avanduse, the vald of haaslava, the vald of haljala, the vald of halliste, the vald of kambja, the vald of karksi, the vald of koonga, the vald of k pu, the vald of laekvere, the vald of luunja, the vald of m ksa, the vald of m rjamaa, the vald of meeksi, the vald of peipsi re, the vald of piirissaare, the vald of r gavere, the vald of rakvere, the vald of saksi, the vald of s meru, the vald of vara, the vald of vihula, the vald of v nnu. 2. latvia the following areas in latvia: in the novads of balvu, the pagsti of v ksnas, b rzkalnes, vectil as, lazdulejas, brie uciema, til as, b rzpils and kri j u, in the novads of bauskas, the pagasti of me otnes, codes, d vi u and vecsaules, in the novads of dobeles, the part of the pagasts of jaunb rzes located to the east of road p98, in the novads of gulbenes the pagasti of lejasciema, lizuma, rankas, druvienas, tirzas and l go, in the novads of jelgavas the pagasti of kalnciema, l vb rzes and valgundes, in the novads of kandavas, the pagasti of c res, kandavas, zem tes and zantes, the pils ta of kandava, in the novads of limba u, the pagasti of skultes, vidri u, limba u and umurgas, in the novads of rug ju the pagsts of lazdukalna, in the novads of salacgr vas, the pagasts of liepupes, in the novads of talsu, the pagasti of ciema, balgales, vandzenes, laucienes, virbu and strazdes, the novads of da u, the novads of aizkraukles, the novads of akn stes, the novads of al ksnes, the novads of amatas, the novads of apes, the novads of bab tes, the novads of baldones, the novads of baltinavas, the novads of carnikavas, the novads of c su, the novads of cesvaines, the novads of engures, the novads of rg u, the novads of garkalnes, the novads of iecavas, the novads of ik iles, the novads of il kstes, the novads of in ukalna, the novads of jaunjelgavas, the novads of jaunpiebalgas, the novads of j kabpils, the novads of eguma, the novads of ekavas, the novads of koc nu, the novads of kokneses, the novads of krimuldas, the novads of krustpils, the novads of lielv rdes, the novads of l gatnes, the novads of l v nu, the novads of lub nas, the novads of madonas, the novads of m lpils, the novads of m rupes, the novads of m rsraga, the novads of neretas, the novads of ogres, the novads of olaines, the novads of ozolnieki, the novads of p rgaujas, the novads of p avi u, the novads of prieku u, the novads of raunas, the novads of ropa u, the novads of salas, the novads of salaspils the novads of saulkrastu, the novads of s jas, the novads of siguldas, the novads of skr veru, the novads of smiltenes, the novads of tukuma, the novads of varak nu, the novads of vecpiebalgas, the novads of vecumnieku, the novads of vies tes, the novads of vi akas, the pils ta of limba i, the republikas pils ta of j kabpils, the republikas pils ta of valmiera. 3. lithuania the following areas in lithuania: in the rajono savivaldyb of anyk iai, the seni nijos of kavarskas, kurkliai and the part of anyk iai located south west to the road no. 121 and no. 119, in the rajono savivaldyb of jonava, the seni nijos of il , bukoni and, in the eimi seni nija, the villages of biliu kiai, drobi kiai, normainiai ii, normain liai, ju konys, pauliukai, mit ni kiai, zofijauka, naujokai, in the rajono savivaldyb of kaunas, the seni nijos of akademijos, al n , babt , batniavos, eki k s, domeikavos, e er lio, garliavos, garliavos apylinki , ka ergin s, kulautuvos, linksmakalnio, raudondvario, ringaud , rok , samyl , taurakiemio, u lied i , vilkijos, vilkijos apylinki and zapy kio, in the rajono savivaldyb of k dainiai, the seni nijos of josvaini , pernaravos, kraki , dotnuvos, gud i n , survili kio, vilaini , truskavos, tos, k daini miesto, in the rajono savivaldyb of panev ys the seni nijos of karsaki kio, naujamies io, pa strio, panev io, ramygalos, smilgi , upyt s, vadokli ,vel io and the part of krekenavos seni nija located to the east of the river nev is, in the rajono savivaldyb of prienai the seni nijos of veiveri , ilavoto, naujosios tos, balbieri kio, a mintos, i lau o, pakuoni , in the rajono savivaldyb of al ininkai, the seni nijos of ja i n , turgeli , akmenyn s, al inink , gervi ki , butrimoni , ei i ki , po koni , dieveni ki , in the rajono savivaldyb of var na, the seni nijos of kaniavos, marcinkoni , merkin s, in the rajono savivaldyb of vilnius the parts of the seni nija of suderv and d k tai located to the north-east from the road no. 171, the seni nijos of mai iagala, zuj n , avi ieni , rie s, paber s, nemen in s, nemen in s miesto, su ioni , buivyd i , bezdoni , lavori ki , mick n , atrinink , kalveli , nem i , rudaminos, r kaini , medinink , marijampolio, pagiri and juod ili , the miesto savivaldyb of alytus, in the rajono savivaldyb of utena the seni nijos of sudeiki , utenos, utenos miesto, kukti ki , daugaili , tauragn , salduti kio, in the miesto savivaldyb of alytus the seni nijos of piva i n , punios, daug , alov s, nemunai io, raitinink , miroslavo, krokialaukio, simno, alytaus, the miesto savivaldyb of kaunas, the miesto savivaldyb of panev ys, the miesto savivaldyb of prienai, the miesto savivaldyb of vilnius, the rajono savivaldyb of bir ai, the savivaldyb of druskininkai, the rajono savivaldyb of ignalina, the rajono savivaldyb of lazdijai, the rajono savivaldyb of mol tai, the rajono savivaldyb of roki kis, the rajono savivaldyb of irvintos, the rajono savivaldyb of ven ionys, the rajono savivaldyb of ukmerg , the rajono savivaldyb of zarasai, the savivaldyb of bir tonas, the savivaldyb of visaginas. 4. poland the following areas in poland: in podlaskie wojew dztwo: the gminy of czarna bia ostocka, gr dek, micha owo, supra l, wasilk w and zab ud w in the powiat bia ostocki, the gminy of d browa bia ostocka, jan w, krynki, ku nica, nowy dw r, sidra, sok ka and szudzia owo in the powiat sok lski, the gmina of lipsk in the powiat augustowski, the gmina of dubicze cerkiewne, the parts of the gminy of kleszczele and czeremcha located to the east of road number 66, in the powiat hajnowski, the part of the gmina of bielsk podlaski located to the east of the line created by road number 19 (going northwards from the city of bielsk podlaski) and prolonged by the eastern border of the city of bielsk podlaski and road number 66 (going southwards from the city of bielsk podlaski), the part of the gmina of orla located to the east of road number 66, in the powiat bielski. part iii 1. estonia the following areas in estonia: the linn of elva, the linn of v hma, the maakond of j gevamaa, the maakond of j rvamaa, the maakond of valgamaa, the maakond of v rumaa, the part of the vald of kuusalu located to the south of road 1 (e20), the part of the vald of p rsti located to the east of road 24126, the part of the vald of suure-jaani located to the east of road 49, the part of the vald of tamsalu located to the south-west of the tallinn-tartu railway, the part of the vald of tartu located to the west of the tallinn-tartu railway, the part of the vald of viiratsi located to the east of the line defined by the western part of road 92 until the junction to road 155, then road 155 until the junction to road 24156, then road 24156 until it crosses the verilaske river, then the verilaske river until it reaches the southern border of the vald, the vald of aegviidu, the vald of anija, the vald of kadrina, the vald of kolga-jaani, the vald of konguta, the vald of k o, the vald of laeva, the vald of n o, the vald of paistu, the vald of puhja, the vald of rakke, the vald of rannu, the vald of r ngu, the vald of saarepeedi, the vald of tapa, the vald of t htvere, the vald of tarvastu, the vald of lenurme, the vald of v ike-maarja. 2. latvia the following areas in latvia: in the novads of balvu, the pagasti of kubu u and balvu, in the novads of gulbenes, the pagasti of be avas, galgauskas, jaungulbenes, daukstu, stradu, litenes and st merienas, in the novads of limba u, the pagasti of vi enes, p les and katvaru, in the novads of rug ju the pagasts of rug ju, in the novads of salacgr vas, the pagasti of aina u and salacgr vas, the novads of aglonas, the novads of alojas, the novads of bever nas, the novads of burtnieku, the novads of ciblas, the novads of dagdas, the novads of daugavpils, the novads of k rsavas, the novads of kr slavas, the novads of ludzas, the novads of mazsalacas, the novads of nauk nu, the novads of prei u, the novads of r zeknes, the novads of riebi u, the novads of r jienas, the novads of stren u, the novads of valkas, the novads of v rkavas, the novads of vi nu, the novads of zilupes, the pils ta of aina i, the pils ta of salacgr va. the republikas pils ta of daugavpils, the republikas pils ta of r zekne. 3. lithuania the following areas in lithuania: in the rajono savivaldyb of anyk iai, the seni nijos of debeiki , skiemoni , vie int , andrioni kio, sv das , tro k n , traupio and the part of the seni nija of anyk i located north east to the road no. 121 and no. 119, in the rajono savivaldyb of alytus, the seni nija of butrimoni , in the rajono savivaldyb of jonava the seni nijos of upnink , ruklos, dumsi , u usali , kulvos and, in the seni nija of eimiai, the villages akliai, akmeniai, barsukin , blauzd iai, gireliai, jag lava, juljanava, kuigaliai, liepkalniai, martyni kiai, mila i kiai, mimaliai, naujasodis, normainiai i, paduobiai, palankesiai, pamelnyt l , p d iai, skryn s, svalkeniai, terespolis, varp nai, eimi gst., ieveli kiai and eimi miestelis, the rajono savivaldyb of kai iadorys, in the rajono savivaldyb of kaunas, the seni nijos of vand iogalos, lapi , karm lavos and neveroni , in the rajono savivaldyb of k dainiai, the seni nija of pel dnagi , in the rajono savivaldyb of prienai, the seni nijos of jiezno and stakli ki , in the rajono savivaldyb of panev ys, the seni nijos of mie i ki and raguvos, in the rajono savivaldyb of al ininkai, the seni nijos of baltosios vok s, pabar s, dainavos and kalesnink , in the rajono savivaldyb of var na, the seni nijos of valkinink , jak n , matuiz , var nos and vydeni , in the rajono savivaldyb of vilnius the parts of the seni nija of suderv and d k tai located to the south-west from the road no. 171, in the rajono savivaldyb of utena, the seni nijos of u pali , vy uon and leli n , the savivaldyb of elektr nai, the miesto savivaldyb of jonava, the miesto savivaldyb of kai iadorys, the rajono savivaldyb of kupi kis, the rajono savivaldyb of trakai. 4. poland the following areas in poland: the gminy of czy e, bia owie a, hajn wka with the city of hajn wka, narew, narewka in the powiat hajnowski, the gminy of mielnik, nurzec-stacja, siemiatycze with the city of siemiatycze in the powiat siemiatycki. part iv italy the following areas in italy: all areas of sardinia.

name: council decision (eu) 2016/1363 of 24 june 2016 on the signing, on behalf of the union, and provisional application of the agreement between the european union and the republic of the marshall islands on the short-stay visa waiver type: decision subject matter: international affairs; international law; european construction; asia and oceania date published: 2016-08-11 11.8.2016 en official journal of the european union l 216/1 council decision (eu) 2016/1363 of 24 june 2016 on the signing, on behalf of the union, and provisional application of the agreement between the european union and the republic of the marshall islands on the short-stay visa waiver the council of the european union, having regard to the treaty on the functioning of the european union, and in particular point (a) of article 77(2), in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) regulation (eu) no 509/2014 of the european parliament and of the council (1) transferred the reference to the republic of the marshall islands from annex i to annex ii of council regulation (ec) no 539/2001 (2). (2) that reference to the republic of the marshall islands is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the european union. (3) on 9 october 2014, the council adopted a decision authorising the commission to open negotiations with the republic of the marshall islands for the conclusion of an agreement between the european union and the republic of the marshall islands on the short-stay visa waiver (the agreement). (4) negotiations on the agreement were opened on 17 december 2014 and were successfully finalised by the initialling thereof, by exchange of letters, on 11 december 2015 by the republic of the marshall islands and on 13 january 2016 by the union. (5) the agreement should be signed, and the declarations attached to the agreement should be approved, on behalf of the union. the agreement should be applied on a provisional basis as from the day following the date of signature thereof, pending the completion of the procedures necessary for its conclusion. (6) this decision constitutes a development of the provisions of the schengen acquis in which the united kingdom does not take part, in accordance with council decision 2000/365/ec (3); the united kingdom is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (7) this decision constitutes a development of the provisions of the schengen acquis in which ireland does not take part, in accordance with council decision 2002/192/ec (4); ireland is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application, has adopted this decision: article 1 the signing on behalf of the union of the agreement between the european union and the republic of the marshall islands on the short-stay visa waiver is hereby authorised, subject to the conclusion of the said agreement. the text of the agreement is attached to this decision. article 2 the declarations attached to this decision shall be approved on behalf of the union. article 3 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 4 the agreement shall be applied on a provisional basis as from the day following the date of signature thereof (5), pending the completion of the procedures necessary for its conclusion. article 5 this decision shall enter into force on the date of its adoption. done at luxembourg, 24 june 2016. for the council the president a.g. koenders (1) regulation (eu) no 509/2014 of the european parliament and of the council of 15 may 2014 amending council regulation (ec) no 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (oj l 149, 20.5.2014, p. 67). (2) council regulation (ec) no 539/2001 of 15 march 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (oj l 81, 21.3.2001, p. 1). (3) council decision 2000/365/ec of 29 may 2000 concerning the request of the united kingdom of great britain and northern ireland to take part in some of the provisions of the schengen acquis (oj l 131, 1.6.2000, p. 43). (4) council decision 2002/192/ec of 28 february 2002 concerning ireland's request to take part in some of the provisions of the schengen acquis (oj l 64, 7.3.2002, p. 20). (5) the date of signature of the agreement will be published in the official journal of the european union by the general secretariat of the council.

name: commission implementing decision (eu) 2016/1361 of 9 august 2016 on recognition of the international sustainability and carbon certification system for demonstrating compliance with the sustainability criteria under directives 98/70/ec and 2009/28/ec of the european parliament and of the council type: decision_impl subject matter: research and intellectual property; energy policy; technology and technical regulations; environmental policy date published: 2016-08-10 10.8.2016 en official journal of the european union l 215/33 commission implementing decision (eu) 2016/1361 of 9 august 2016 on recognition of the international sustainability and carbon certification system for demonstrating compliance with the sustainability criteria under directives 98/70/ec and 2009/28/ec of the european parliament and of the council the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 98/70/ec of the european parliament and of the council of 13 october 1998 relating to the quality of petrol and diesel fuels and amending council directive 93/12/eec (1), and in particular the second subparagraph of article 7c(4) thereof, having regard to directive 2009/28/ec of the european parliament and of the council of 23 april 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing directives 2001/77/ec and 2003/30/ec (2), and in particular the second subparagraph of article 18(4) thereof, whereas: (1) articles 7b and 7c of and annex iv to directive 98/70/ec and articles 17 and 18 of and annex v to directive 2009/28/ec lay down similar sustainability criteria for biofuels and bioliquids, and similar procedures of the verification of compliance with those criteria. (2) where biofuels and bioliquids are to be taken into account for the purposes referred to in article 17(1)(a), (b) and (c) of directive 2009/28/ec, member states must require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in article 17(2) to (5) of directive 2009/28/ec. (3) the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 17(2) of directive 2009/28/ec, and/or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in article 17(3), (4) and (5), and/or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix. when an economic operator provides proof or data obtained in accordance with a voluntary scheme that has been recognised by the commission, to the extent covered by the recognition decision, a member state is barred from requiring the supplier to provide further evidence of compliance with the sustainability criteria. (4) the request to recognise that the international sustainability and carbon certification system based, hohenzollernring 72, 50762 cologne, germany, demonstrates that consignments of biofuel comply with the sustainability criteria set out in directive 98/70/ec and directive 2009/28/ec was submitted to the commission on 23 june 2016. the scheme covers a wide range of feedstocks including wastes and residues and the entire chain of custody. the recognised scheme documents should be made available at the transparency platform established under directive 2009/28/ec. (5) assessment of the international sustainability and carbon certification system found it to cover adequately the sustainability criteria of directive 98/70/ec and of directive 2009/28/ec, as well as applying a mass balance methodology in line with the requirements of article 7c(1) of directive 98/70/ec and article 18(1) of directive 2009/28/ec. (6) the evaluation of the international sustainability and carbon certification system found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in annex iv to directive 98/70/ec and annex v to directive 2009/28/ec. (7) the measures provided for in this decision are in accordance with the opinion of the committee on the sustainability of biofuels and bioliquids, has adopted this decision: article 1 the international sustainability and carbon certification system (hereinafter the scheme), submitted for recognition to the commission on 23 june 2016, demonstrates that consignments of biofuels and bioliquids produced in accordance with the standards for the production of biofuels and bioliquids set in the scheme comply with the sustainability criteria as laid down in article 7b(3), (4) and (5) of directive 98/70/ec and article 17(3), (4) and (5) of directive 2009/28/ec. the scheme also contains accurate data for the purposes of article 17(2) of directive 2009/28/ec and article 7b(2) of directive 98/70/ec. article 2 the decision is valid for a period of 5 years after it enters into force. if the contents of the scheme, as submitted for recognition to the commission on 23 june 2016, change in a way that might affect the basis of this decision, such changes shall be notified to the commission without delay. the commission shall assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised. article 3 the commission may decide to repeal this decision inter alia under the following circumstances: (a) if it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this decision or if severe and structural breach of those elements has taken place; (b) if the scheme fails to submit annual reports to the commission as provided for in article 7c(6) of directive 98/70/ec and article 18(6) of directive 2009/28/ec; (c) if the scheme fails to implement standards of independent auditing specified in implementing acts referred to in the third subparagraph of article 7c(5) of directive 98/70/ec and the third subparagraph of article 18(5) of directive 2009/28/ec or improvements to other elements of the scheme considered to be decisive for a continued recognition. article 4 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 9 august 2016. for the commission the president jean-claude juncker (1) oj l 350, 28.12.1998, p. 58. (2) oj l 140, 5.6.2009, p. 16.

name: commission implementing decision (eu) 2016/1362 of 9 august 2016 on recognition of the roundtable on sustainable biomaterials eu red for demonstrating compliance with the sustainability criteria under directives 98/70/ec and 2009/28/ec of the european parliament and of the council type: decision_impl subject matter: research and intellectual property; technology and technical regulations; energy policy; environmental policy date published: 2016-08-10 10.8.2016 en official journal of the european union l 215/35 commission implementing decision (eu) 2016/1362 of 9 august 2016 on recognition of the roundtable on sustainable biomaterials eu red for demonstrating compliance with the sustainability criteria under directives 98/70/ec and 2009/28/ec of the european parliament and of the council the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 98/70/ec of the european parliament and of the council of 13 october 1998 relating to the quality of petrol and diesel fuels and amending council directive 93/12/eec (1), and in particular the second subparagraph of article 7c(4) thereof, having regard to directive 2009/28/ec of the european parliament and of the council of 23 april 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing directives 2001/77/ec and 2003/30/ec (2), and in particular the second subparagraph of article 18(4) thereof, whereas: (1) articles 7b and 7c of and annex iv to directive 98/70/ec and articles 17 and 18 of and annex v to directive 2009/28/ec lay down similar sustainability criteria for biofuels and bioliquids, and similar procedures of the verification of compliance with those criteria. (2) where biofuels and bioliquids are to be taken into account for the purposes referred to in article 17(1)(a), (b) and (c) of directive 2009/28/ec, member states must require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in article 17(2) to (5) of directive 2009/28/ec. (3) the commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of article 17(2) of directive 2009/28/ec, and/or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in article 17(3), (4) and (5), and/or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under annex ix. when an economic operator provides proof or data obtained in accordance with a voluntary scheme that has been recognised by the commission, to the extent covered by the recognition decision, a member state is barred from requiring the supplier to provide further evidence of compliance with the sustainability criteria. (4) the request to recognise that the roundtable on sustainable biomaterials eu red, based, 7-9 chemin de balexert 1219 chatelaine, switzerland, demonstrates that consignments of biofuel comply with the sustainability criteria set out in directive 98/70/ec and directive 2009/28/ec was submitted to the commission on 27 june 2016. the scheme covers a wide range of feedstocks including wastes and residues and the entire chain of custody. the recognised scheme documents should be made available at the transparency platform established under directive 2009/28/ec. (5) assessment of the roundtable on sustainable biomaterials eu red found it to cover adequately the sustainability criteria of directive 98/70/ec and of directive 2009/28/ec, as well as applying a mass balance methodology in line with the requirements of article 7c(1) of directive 98/70/ec and article 18(1) of directive 2009/28/ec. (6) the evaluation of the roundtable on sustainable biomaterials eu red found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in annex iv to directive 98/70/ec and annex v to directive 2009/28/ec. (7) the measures provided for in this decision are in accordance with the opinion of the committee on the sustainability of biofuels and bioliquids, has adopted this decision: article 1 the roundtable on sustainable biomaterials eu red (hereinafter the scheme), submitted for recognition to the commission on 27 june 2016, demonstrates that consignments of biofuels and bioliquids produced in accordance with the standards for the production of biofuels and bioliquids set in the scheme comply with the sustainability criteria as laid down in article 7b(3), (4) and (5) of directive 98/70/ec and article 17(3), (4) and (5) of directive 2009/28/ec. the scheme also contains accurate data for the purposes of article 17(2) of directive 2009/28/ec and article 7b(2) of directive 98/70/ec. article 2 the decision is valid for a period of 5 years after it enters into force. if the contents of the scheme, as submitted for recognition to the commission on 27 june 2016, change in a way that might affect the basis of this decision, such changes shall be notified to the commission without delay. the commission shall assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised. article 3 the commission may decide to repeal this decision, inter alia, under the following circumstances: (a) if it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this decision or if severe and structural breach of those elements has taken place; (b) if the scheme fails to submit annual reports to the commission as provided for in article 7c(6) of directive 98/70/ec and article 18(6) of directive 2009/28/ec; (c) if the scheme fails to implement standards of independent auditing specified in implementing acts referred to in the third subparagraph of article 7c(5) of directive 98/70/ec and the third subparagraph of article 18(5) of directive 2009/28/ec or improvements to other elements of the scheme considered to be decisive for a continued recognition. article 4 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 9 august 2016. for the commission the president jean-claude juncker (1) oj l 350, 28.12.1998, p. 58. (2) oj l 140, 5.6.2009, p. 16.