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name: commission implementing decision (eu) 2018/971 of 9 july 2018 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (notified under document c(2018) 4460) (text with eea relevance.) type: decision_impl subject matter: means of agricultural production; international trade; europe; regions of eu member states; agricultural activity; agricultural policy date published: 2018-07-10 10.7.2018 en official journal of the european union l 174/20 commission implementing decision (eu) 2018/971 of 9 july 2018 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (notified under document c(2018) 4460) (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, where there have been confirmed cases of that disease in domestic or feral pigs (the member states concerned). the annex to that implementing decision demarcates and lists certain areas of the member states concerned in parts i to iv thereof, differentiated by the level of risk based on the epidemiological situation as regards that disease. the annex to implementing decision 2014/709/eu has been amended several times to take account of changes in the epidemiological situation in the union as regards african swine fever that need to be reflected in that annex. the annex to implementing decision 2014/709/eu was last amended by commission implementing decision (eu) 2018/950 (5), following outbreaks of african swine fever in domestic pigs in the counties of tulcea and satu mare in romania and in certain other member states in june 2018. (2) the risk of the spread of african swine fever in wildlife is linked to the natural slow spread of that disease among feral pig populations, and also the risks linked to human activity, as demonstrated by the recent epidemiological evolution of that disease in the union, and as documented by the european food safety authority (efsa) in the scientific opinion of the panel on animal health and welfare, published on 14 july 2015; in the scientific report of efsa on epidemiological analyses on african swine fever in the baltic countries and poland, published on 23 march 2017; and in the scientific report of efsa on epidemiological analyses of african swine fever in the baltic states and poland, published on 7 november 2017 (6). (3) since the date of adoption of implementing decision (eu) 2018/950, the african swine fever virus has spread in romania. in june and july 2018, more than two hundred outbreaks of african swine fever in domestic pigs were observed in the county of tulcea in romania. in addition, in july 2018 several outbreaks of african swine fever in domestic pigs were observed in the counties of braila and constanta in romania. these outbreaks of african swine fever in domestic pigs constitute an increased level of risk which should be reflected in the annex to implementing decision 2014/709/eu. following the reinforced actions taken by romania to control the movement of live pigs, porcine commodities, animal by-products and other products (which might further spread the disease from areas affected by african swine fever to areas where there has been no notification of african swine fever), the area in romania between the river danube and the romanian coast from the danube delta to the town of constanta should be listed in part iii of that annex. therefore, the parts of the aforementioned area previously listed in part i of that annex should now be listed in part iii thereof. (4) in order to take account of recent developments in the epidemiological evolution of african swine fever in the union, and in order to combat the risks associated with the spread of that disease in a proactive manner, new high risk areas of a sufficient size should be demarcated for romania and duly listed in the annex to implementing decision 2014/709/eu. that annex 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 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, 9 july 2018. 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). (5) commission implementing decision (eu) 2018/950 of 3 july 2018 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (oj l 167, 4.7.2018, p. 11). (6) efsa journal 2015;13(7):4163; efsa journal 2017;15(3):4732; efsa journal 2017;15(11):5068. annex the annex to implementing decision 2014/709/eu is replaced by the following: annex part i 1. the czech republic the following areas in the czech republic: okres uhersk hradi t , okres krom , okres vset n, katastr ln zem obc v okrese zl n: b lov, biskupice u luha ovic, bohuslavice nad vl , brumov, bylnice, divnice, dobrkovice, doln lhota u luha ovic, drnovice u vala sk ch klobouk, halenkovice, haluzice, hr dek na vl rsk dr ze, h iv n v jezd, jest ab nad vl , ka ovice u luha ovic, keln ky, kladn - il n, kochavec, kom rov u napajedel, k ekov, lipina, lipov u slavi na, ludkovice, luha ovice, machov , miro ov u vala sk ch klobouk, myslo ovice, napajedla, n vojn , neda ov, neda ova lhota, nev ov , otrokovice, petr vka u slavi na, poho elice u napajedel, polichno, popov nad vl , pote , pozlovice, rokytnice u slavi na, rudimov, etechov, sazovice, sidonie, slavi n, smolina, spytihn v, svat t p n, anov, arovy, t tn nad vl , tichov, tluma ov na morav , vala sk klobouky, velk o echov, vlachova lhota, vlachovice, vrb tice, lutava. 2. estonia the following areas in estonia: hiiu maakond. 3. hungary the following areas in hungary: borsod-aba j-zempl n megye 650100, 650200, 650300, 650400, 650500, 650600, 650700, 650800, 651000, 651100, 651200, 652100, 652200, 652300, 652400, 652500, 652601, 652602, 652603, 652700, 652800, 652900 s 653403 k dsz m valamint 656100, 656200, 656300, 656400, 656701, 657010, 657100, 657400, 657500, 657600, 657700, 657800, 657900, 658000, 658100, 658201, 658202, 658310, 658401, 658402, 658403, 658404, 658500, 658600, 658700, 658801, 658802, 658901, 658902, 659000, 659100, 659210, 659220, 659300, 659400, 659500, 659601, 659602, 659701, 659800, 659901, 660000, 660100, 660200, 660400, 660501, 660502, 660600 s 660800 k dsz m vadgazd lkod si egys geinek teljes ter lete, hajd -bihar megye 900850, 900860, 900930, 900950 s 903350 k dsz m vadgazd lkod si egys geinek teljes ter lete, heves megye 700150, 700250, 700260, 700350, 700450, 700460, 700550, 700650, 700750, 700850, 702350, 702450, 702550, 702750, 702850, 703350, 703360, 703450, 703550, 703610, 703750, 703850, 703950, 704050, 704150, 704250, 704350, 704450, 704550, 704650, 704750, 704850, 704950, 705050, 705250, 705350, 705510 s 705610 k dsz m vadgazd lkod si egys geinek teljes ter lete, j sz-nagykun-szolnok megye 750150, 750160, 750250, 750260, 750350, 750450, 750460, 750550, 750650, 750750, 750850, 750950 s 750960 k dsz m vadgazd lkod si egys geinek teljes ter lete, n gr d megye 550110, 550120, 550130, 550210, 550310, 550320, 550450, 550460, 550510, 550610, 550710, 550810, 550950, 551010, 551150, 551160, 551250, 551350, 551360, 551450, 551460, 551550, 551650, 551710, 551810, 551821, 552010, 552150, 552250, 552350, 552360, 552450, 552460, 552520, 552550, 552610, 552620, 552710, 552850, 552860, 552950, 552960, 552970, 553110, 553250, 553260 s 553350 k dsz m vadgazd lkod si egys geinek teljes ter lete, pest megye 571250, 571350, 571550, 571610, 571750, 571760, 572350, 572550, 572850, 572950, 573360 s 573450 k dsz m vadgazd lkod si egys geinek teljes ter lete, szabolcs-szatm r-bereg megye 850150, 850250, 850260, 850350, 850450, 850550, 850650, 850850, 851851, 851852, 851950, 852050, 852150, 852250, 852350, 852450, 852550, 852750, 853560, 853650, 853751, 853850, 853950, 853960, 854050, 854150, 854250, 854350, 855250, 855350, 855450, 855460, 855550, 855650, 855660, 855750, 855850, 855950, 855960, 856012, 856050, 856150, 856250, 856260, 856850, 856950, 857050, 857150, 857350, 857450 s 857550. 4. latvia the following areas in latvia: aizputes novads, alsungas novads, kuld gas novada gudenieku, turlavas un laidu pagasts, p vilostas novada sakas pagasts un p vilostas pils ta, skrundas novada,n kr cesun rudb r u pagasts un skrundas pagasta da a, kas atrodas uz dienvidiem no autoce a a9, skrundas pils ta, stopi u novada da a, kas atrodas uz rietumiem no autoce a v36, p4 un p5, acones ielas, daugu upes ielas un daugu up tes, vai odes novads, ventspils novada j rkalnes pagasts. 5. lithuania the following areas in lithuania: jurbarko rajono savivaldyb : er vilko, smalinink ir vie vil s seni nijos, kazl r dos savivaldyb , kelm s rajono savivaldyb : kelm s, kelm s apylinki , kra i , kuke i , lioli , pakra an io, auk n seni nijos, tytyv n seni nijos dalis vakarus ir iaur nuo kelio nr. 157 ir vakarus nuo kelio nr. 2105 ir tytuv n apylinki seni nijos dalis iaur nuo kelio nr. 157 ir vakarus nuo kelio nr. 2105, u ven io ir vaiguvos seni nijos, ma eiki rajono savivaldyb : sedos, erk n n ir idik seni nijos, pag gi savivaldyb , raseini rajono savivaldyb : girkalnio ir kaln j seni nijos dalis iaur nuo kelio nr a1, nemak i , paliepi , raseini , raseini miesto ir vidukl s seni nijos, aki rajono savivaldyb , taurag s rajono savivaldyb , tel i rajono savivaldyb . 6. poland the following areas in poland: w wojew dztwie warmi sko-mazurskim: gmina stare juchy w powiecie e ckim, powiat go dapski, powiat wgorzewski, gmina ruciane nida i cz gminy pisz po o ona na po udnie od linii wyznaczonej przez drog nr 58 oraz miasto pisz w powiecie piskim, gminy gi ycko z miastem gi ycko, kruklanki, mi ki, wydminy i ryn w powiecie gi yckim, gmina miko ajki w powiecie mr gowskim, gminy bisztynek i spopol w powiecie bartoszyckim, gminy barciany, korsze i srokowo w powiecie ktrzy skim, gminy lidzbark warmi ski z miastem lidzbark warmi ski, lubomino, orneta i kiwity w powiecie lidzbarskim, cz gminy wilczta po o ona na po udnie od linii wyznaczonej przez drog nr 509 w powiecie braniewskim, gminy godkowo, milejewo, m ynary, pas k i tolkmicko w powiecie elbl skim, powiat miejski elbl g. w wojew dztwie podlaskim: gminy bra sk z miastem bra sk, rudka i wyszki w powiecie bielskim, gmina perlejewo w powiecie siemiatyckim, gminy kolno z miastem kolno, ma y p ock i turo l w powiecie kolne skim, gmina po witne w powiecie bia ostockim, gminy ko aki ko cielne, rutki, szumowo, cz gminy zambr w po o ona na po udnie od linii wyznaczonej przez drog nr s8 i miasto zambr w w powiecie zambrowskim, gminy wi ajny i przero l w powiecie suwalskim, gminy kulesze ko cielne, nowe piekuty, szepietowo, klukowo, ciechanowiec, wysokie mazowieckie z miastem wysokie mazowieckie, czy ew w powiecie wysokomazowieckim, gminy miastkowo, nowogr d i zb jna w powiecie om y skim. w wojew dztwie mazowieckim: gminy ceran w, kos w lacki, sabnie, sterdy , cz gminy bielany po o ona na zach d od linii wyznaczonej przez drog nr 63 i cz gminy wiejskiej soko w podlaski po o ona na zach d od linii wyznaczonej przez drog nr 63 w powiecie soko owskim, gminy grbk w, korytnica, liw, och w, miedzna, sadowne, stoczek, wierzbno i miasto wgr w w powiecie wgrowskim, gmina kotu w powiecie siedleckim, gminy rzeku , troszyn, lelis, czerwin i goworowo w powiecie ostro ckim, powiat miejski ostro ka, powiat ostrowski, gminy karniewo, mak w mazowiecki, rzewnie i szelk w w powiecie makowskim, gmina krasne w powiecie przasnyskim, gminy ma a wie i wyszogr d w powiecie p ockim, gminy ciechan w z miastem ciechan w, glinojeck, go ymin o rodek, ojrze , opinog ra g rna i so sk w powiecie ciechanowskim, gminy baboszewo, czerwi sk nad wis , naruszewo, p o sk z miastem p o sk, sochocin i za uski w powiecie p o skim, gminy gzy, obryte, zatory, pu tusk i cz gminy winnica po o ona na wsch d od linii wyznaczonej przez drog cz c miejscowo ci wielany, winnica i pokrzywnica w powiecie pu tuskim, gminy bra szczyk, d ugosiod o, rz nik, wyszk w, zabrodzie i cz gminy somianka po o ona na p noc od linii wyznaczonej przez drog nr 62 w powiecie wyszkowskim, gminy jad w, klemb w, po witne, strach wka i t uszcz w powiecie wo omi skim, gminy dobre, jakub w, mi sk mazowiecki z miastem mi sk mazowiecki, mrozy, ceg w, dbe wielkie, halin w, ka uszyn, siennica i stanis aw w w powiecie mi skim, gminy garwolin z miastem garwolin, g rzno, askarzew z miastem askarzew, maciejowice, miastk w ko cielny, parys w, pilawa, sobolew, trojan w, wilga i elech w w powiecie garwoli skim, powiat kozienicki, gminy baran w i jaktor w w powiecie grodziskim, powiat yrardowski, gminy belsk du y, b d w, goszczyn i mogielnica w powiecie gr jeckim, gminy bia obrzegi, promna, stromiec i wy mierzyce w powiecie bia obrzeskim, gminy i w, m odzieszyn, nowa sucha, rybno, sochaczew z miastem sochaczew i teresin w powiecie sochaczewskim, gmina policzna w powiecie zwole skim. w wojew dztwie lubelskim: gminy niemce, garb w, jastk w, konopnica, w lka, g usk w powiecie lubelskim, gminy czna, spiczyn, cz gminy ludwin po o ona na zach d od linii wyznaczonej przez drog cz c miejscowo ci puchacz w i drat w, a nastpnie przez drog nr 820 do p nocnej granicy gminy w powiecie czy skim, gminy grabowiec, mi czyn, sitno, skierbiesz w, stary zamo , komar w-osada w powiecie zamojskim, gminy trzeszczany, werbkowice, mircze, cz gminy wiejskiej hrubiesz w po o ona na po udnie od linii wyznaczonej przez drog nr 74 i na zach d od linii wyznaczonej przez drog nr 844 i miasto hrubiesz w w powiecie hrubieszowskim, gminy abram w, kamionka, lubart w z miastem lubart w, serniki i cz gminy ostr w lubelski po o ona na po udnie od linii wyznaczonej przez drog 821 biegn c od zachodniej granicy gminy do miejscowo ci ostr w lubelski, a nastpnie przez drog cz c miejscowo ci ostr w lubelski, g bokie i stary u cim w do wschodniej granicy gminy w powiecie lubartowskim, gminy k oczew, ryki, dblin i st yca w powiecie ryckim, gminy pu awy z miastem pu awy, janowiec, kazimierz dolny, ko skowola, kur w, w wolnica, na cz w, markusz w, yrzyn w powiecie pu awskim, gminy me giew, rybczewice, miasto widnik i cz gminy piaski po o ona na po udnie od linii wyznaczonej przez drog nr 17 biegn c od wschodniej granicy gminy piaski do skrzy owania z drog nr s12 i na zach d od linii wyznaczonej przez drog biegn c od skrzy owania dr g nr 17 i nr s12 przez miejscowo majdan brzezicki do p nocnej granicy gminy w powiecie widnickim; gminy kra niczyn, gorzk w, krasnystaw z miastem krasnystaw, izbica, siennica r ana, kiewka, cz gminy fajs awice po o ona na po udnie od linii wyznaczonej przez drog nr 17 i cz gminy opiennik g rny po o ona na po udnie od linii wyznaczonej przez drog nr 17 w powiecie krasnostawskim, gmina tyszowce w powiecie tomaszowskim, powiat miejski lublin. 7. romania the following areas in romania: bihor county, cluj county, maramure county, gala i county, vrancea county, br ila county (except big island of br ila), buz u county, ialomi a county (except pond of ialomita), c l rai county. part ii 1. the czech republic the following areas in the czech republic: katastr ln zem obc v okrese zl n: bohuslavice u zl na, brat ejov u vizovic, b eznice u zl na, b ezov u zl na, b ez vky, de n u zl na, doln ves, doubravy, dr kov , fry t k, horn lhota u luha ovic, horn ves u fry t ku, hosti ov , hrobice na morav , hvozdn , chrast ov, jaroslavice u zl na, jasenn na morav , karlovice u zl na, ka ava, kle vka, kostelec u zl na, kudlov, kv tkovice u otrokovic, lhota u zl na, lhotka u zl na, lhotsko, l pa nad d evnic , lou ka i, lou ka ii, louky nad d evnic , lukov u zl na, lukove ek, lutonina, lu kovice, malenovice u zl na, mladcov , neubuz, old ichovice u napajedel, ostrata, podhrad u luha ovic, podkopn lhota, provodov na morav , pr tn , p luky u zl na, rackov , rakov , sala u zl na, sehradice, slopn , slu ovice, t pa, te ovice, trnava u zl na, ublo, jezd u vala sk ch klobouk, vel kov , vesel u zl na, v tov , vizovice, vl kov , v emina, vysok pole, z dve ice, zl n, elechovice nad d evnic . 2. estonia the following areas in estonia: eesti vabariik (v lja arvatud hiiu maakond). 3. hungary the following areas in hungary: heves megye 700860, 700950, 701050, 701111, 701150, 701250, 701350, 701550, 701560, 701650, 701750, 701850, 701950, 702050, 702150, 702250, 702260, 702950, 703050, 703150, 703250, 703370, 705150 s 705450 k dsz m vadgazd lkod si egys geinek teljes ter lete, szabolcs-szatm r-bereg megye 850950, 851050, 851150, 851250, 851350, 851450, 851550, 851560, 851650, 851660, 851751, 851752, 852850, 852860, 852950, 852960, 853050, 853150, 853160, 853250, 853260, 853350, 853360, 853450, 853550, 854450, 854550, 854560, 854650, 854660, 854750, 854850, 854860, 854870, 854950, 855050, 855150, 856350, 856360, 856450, 856550, 856650, 856750, 856760 s 857650 k dsz m vadgazd lkod si egys geinek teljes ter lete. 4. latvia the following areas in latvia: da u novads, aglonas novads, aizkraukles novads, akn stes novads, alojas novads, al ksnes novads, amatas novads, apes novads, auces novads, bab tes novads, baldones novads, baltinavas novads, balvu novads, bauskas novads, bever nas novads, broc nu novads, burtnieku novads, carnikavas novads, c su novads, cesvaines novads, ciblas novads, dagdas novads, daugavpils novads, dobeles novads, dundagas novads, engures novads, rg u novads, garkalnes novads, gulbenes novads, iecavas novads, ik iles novads, il kstes novads, in ukalna novads, jaunjelgavas novads, jaunpiebalgas novads, jaunpils novads, j kabpils novads, jelgavas novada, gl das, sv tes, za enieku, vilces, lielplatones, elejas, sesavas, platones un vircavas pagasts, kandavas novads, k rsavas novads, eguma novads, ekavas novads, koc nu novads, kokneses novads, kr slavas novads, krimuldas novads, krustpils novads, kuld gas novada doles, vandes, kurm les, padures, pel u, rumbas, rendas, kabiles,sn peles un v rmes pagasts, kuld gas pils ta, lielv rdes novads, l gatnes novads, limba u novads, l v nu novads, lub nas novads, ludzas novads, madonas novads, m lpils novads, m rupes novads, mazsalacas novads, m rsraga novads, nauk nu novads, neretas novads, ogres novads, olaines novads, ozolnieku novada ozolnieku un cenu pagasts, p rgaujas novads, p avi u novads, prei u novads, prieku u novads, raunas novads, republikas pils ta daugavpils, republikas pils ta jelgava, republikas pils ta j kabpils, republikas pils ta j rmala, republikas pils ta r zekne, republikas pils ta valmiera, r zeknes novads, riebi u novads, rojas novads, ropa u novads, rug ju novads, rund les novads, r jienas novads, salacgr vas novads, salas novads, salaspils novads, saldus novada jaunlutri u, lutri u, des, n grandes, saldus, jaunauces, rubas, vadakstes, za as, ezeres, pamp u un zir u pagasts un saldus pils ta, saulkrastu novads, s jas novads, siguldas novads, skr veru novads, skrundas novada ra u pagasts un skrundas pagasta da a, kas atrodas uz zieme iem no autoce a a9 smiltenes novads, stopi u novada da a, kas atrodas uz austrumiem no autoce a v36, p4 un p5, acones ielas, daugu upes ielas un daugu up tes, stren u novads, talsu novads, t rvetes novads, tukuma novads, valkas novads, varak nu novads, v rkavas novads, vecpiebalgas novads, vecumnieku novads, ventspils novada ances, t rgales, popes, v rves, u avas, piltenes, puzes, ziru, ug les, usmas un zl ku pagasts, piltenes pils ta, vies tes novads, vi akas novads, vi nu novads, zilupes novads. 5. lithuania the following areas in lithuania: akmen s rajono savivaldyb : naujosios akmen s kaimi koji, kruopi , naujosios akmen s miesto, papil s seni nijos, alytaus miesto savivaldyb , alytaus rajono savivaldyb : alytaus, krokialaukio, miroslavo, nemunai io, punios ir simno seni nijos, anyk i rajono savivaldyb , bir tono savivaldyb , bir miesto savivaldyb , bir rajono savivaldyb , druskinink savivaldyb , elektr n savivaldyb , ignalinos rajono savivaldyb , jonavos rajono savivaldyb , jurbarko rajono savivaldyb : jurbarko miesto, jurbark , seni nijos, kai iadori miesto savivaldyb , kai iadori rajono savivaldyb , kalvarijos savivaldyb , kauno miesto savivaldyb , kauno rajono savivaldyb : akademijos, al n , babt , batniavos, domeikavos, e er lio, garliavos, garliavos apylinki , ka ergin s, karm lavos, kulautuvos, lapi , linksmakalnio, neveroni , raudondvario, ringaud , rok , samyl , taurakiemio, u lied i , vand iogalos ir zapy kio seni nijos, k daini rajono savivaldyb : gud i n , survili kio, tos, truskavos ir vilaini seni nijos, kupi kio rajono savivaldyb , marijampol s savivaldyb , mol t rajono savivaldyb , pakruojo rajono savivaldyb : klovaini seni nija, linkuvos seni nijos dalis rytus nuo kelio nr. 151 ir kelio nr. 211, ir rozalimo seni nija, panev io rajono savivaldyb , pasvalio rajono savivaldyb , radvili kio rajono savivaldyb : auk telk , baisogalos, pakalni ki , radvili kio, radvili kio miesto, sidabravo, sk mi , eduvos miesto ir tyruli seni nijos, prien miesto savivaldyb , prien rajono savivaldyb , roki kio rajono savivaldyb , al inink rajono savivaldyb , iauli miesto savivaldyb , iauli rajono savivaldyb , irvint rajono savivaldyb , ven ioni rajono savivaldyb , ukmerg s rajono savivaldyb , utenos rajono savivaldyb , vilniaus miesto savivaldyb , vilniaus rajono savivaldyb , vilkavi kio rajono savivaldyb , visagino savivaldyb , zaras rajono savivaldyb . 6. poland the following areas in poland: w wojew dztwie warmi sko-mazurskim: gminy kalinowo, prostki i gmina wiejska e k w powiecie e ckim, powiat olecki, gminy orzysz, bia a piska i cz gminy pisz po o ona na p noc od linii wyznaczonej przez drog nr 58 w powiecie piskim, gminy g rowo i aweckie z miastem g rowo i aweckie, bartoszyce z miastem bartoszyce w powiecie bartoszyckim, gmina frombork, cz gminy wiejskiej braniewo po o ona na zach d od linii wyznaczonej przez drog nr e28 i s22 i miasto braniewo, cz gminy wilczta po o ona na p noc od linii wyznaczonej przez drog 509 w powiecie braniewskim. w wojew dztwie podlaskim: powiat grajewski, gminy jasion wka, ja wi y, knyszyn, krypno, mo ki i trzcianne w powiecie monieckim, gminy om a, pi tnica, niadowo, jedwabne, przytu y i wizna w powiecie om y skim, powiat miejski om a, gminy, grodzisk, drohiczyn, dziadkowice, milejczyce i siemiatycze z miastem siemiatycze w powiecie siemiatyckim, gminy bia owie a, czeremcha, narew, narewka, cz gminy dubicze cerkiewne po o ona na wsch d od linii wyznaczonej przez drog nr 685,cz gminy kleszczele po o ona na wsch d od linii wyznaczonej przez drogi nr 685, a nastpnie nr 66 i nr 693, cz gminy hajn wka po o ona na p noc od linii wyznaczonej przez drog nr 689 i na wsch d od linii wyznaczonej przez drog nr 685 i miasto hajn wka w powiecie hajnowskim, gminy kobylin-borzymy i soko y w powiecie wysokomazowieckim, cz gminy zambr w po o ona na p noc od linii wyznaczonej przez drog nr s8 w powiecie zambrowskim, gminy grabowo i stawiski w powiecie kolne skim, gminy czarna bia ostocka, dobrzyniewo du e, gr dek, juchnowiec ko cielny, apy, micha owo, supra l, sura , turo ko cielna, tykocin, wasilk w, zab ud w, zawady i choroszcz w powiecie bia ostockim, gmina bo ki i cz gminy bielsk podlaski po o ona na zach d od linii wyznaczonej przez drog nr 19 i miasto bielsk podlaski w powiecie bielskim, gmina pu sk, cz gminy krasnopol po o ona na p noc od linii wyznaczonej przez drog nr 653, cz gminy sejny po o ona na p noc od linii wyznaczonej przez drog nr 653 i na wsch d od linii wyznaczonej przez drog nr 663 i miasto sejny w powiecie sejne skim, gminy baka arzewo, filip w, jeleniewo, raczki, rutka-tartak, suwa ki i szypliszki w powiecie suwalskim, powiat miejski suwa ki, powiat augustowski, gminy korycin, krynki, ku nica, sok ka, szudzia owo, cz gminy nowy dw r po o ona na p noc od linii wyznaczonej przez drog nr 670, cz gminy jan w po o ona na po udnie od linii wyznaczonej przez drog nr 671 biegn c od wschodniej granicy gminy do miejscowo ci jan w i na zach d od linii wyznaczonej przez drog cz c miejscowo ci jan w, trofim wka i kizielany i cz gminy suchowola po o ona na zach d od linii wyznaczonej przez drog nr 8 biegn c od p nocnej granicy gminy do miejscowo ci suchowola, a nastpnie przed u onej drog cz c miejscowo ci suchowola i dubasiewszczyzna biegn c do po udniowo-wschodniej granicy gminy w powiecie sok lskim, powiat miejski bia ystok. w wojew dztwie mazowieckim: gminy przesmyki, sucho ebry, mokobody, mordy, wodynie, cz gminy siedlce po o ona na p noc od linii wyznaczonej przez drog nr 2 biegn c od zachodniej granicy gminy do granicy powiatu miejskiego siedlce i i nastpnie na p noc od linii wyznaczonej przez drog nr 698 do przecicia z ulic majow w miejscowo ci stok lacki folwark, ulic majow i ulic pa acow przez miejscowo grubale do granicy gminy i cz gminy zbuczyn po o ona na wsch d od linii wyznaczonej przez drog biegn c od p nocno-wschodniej do po udniowej granicy gminy i cz c miejscowo ci tarcze, choja, zbuczyn, grodzisk, dziewule i smolanka w powiecie siedleckim, gminy repki, jab onna lacka, cz gminy bielany po o ona na wsch d od linii wyznaczonej przez drog nr 63 i cz gminy wiejskiej soko w podlaski po o ona na wsch d od linii wyznaczonej przez drog nr 63 w powiecie soko owskim, powiat osicki, gmina broch w w powiecie sochaczewskim, gminy czosn w, leoncin, pomiech wek, zakroczym i miasto nowy dw r mazowiecki w powiecie nowodworskim, gmina joniec w powiecie p o skim, gmina pokrzywnica w powiecie pu tuskim, gminy d br wka, koby ka, marki, radzymin, wo omin, zielonka i z bki w powiecie wo omi skim, cz gminy somianka po o ona na po udnie od linii wyznaczonej przez drog nr 62 w powiecie wyszkowskim, gminy latowicz i sulej wek w powiecie mi skim, gmina borowie w powiecie garwoli skim, powiat warszawski zachodni, powiat legionowski, powiat otwocki, powiat piaseczy ski, powiat pruszkowski, gmina chyn w, gr jec, jasieniec, pniewy i warka w powiecie gr jeckim, gminy milan wek, grodzisk mazowiecki, podkowa le na i abia wola w powiecie grodziskim, powiat miejski siedlce, powiat miejski warszawa. w wojew dztwie lubelskim: powiat radzy ski, gminy krzywda, stanin, stoczek ukowski z miastem stoczek ukowski, wojcieszk w, wola mys owska, trzebiesz w, miasto uk w i cz gminy wiejskiej uk w po o ona na wsch d od linii wyznaczonej przez drog biegn c od p nocnej granicy gminy przez miejscowo w lka wi tkowa do p nocnej granicy miasta uk w, a nastpnie na wsch d i po udnie od linii stanowi cej granic miasta uk w do jej przecicia si z drog nr 76 i na po udnie od linii wyznaczonej przez drog nr 76 biegn c do zachodniej granicy gminy wiejskiej uk w w powiecie ukowskim, gmina wyryki, cz gminy urszulin po o ona na zach d od linii wyznaczonej przez drog nr 82, cz gminy stary brus po o na na p noc od linii wyznaczonej przez drog nr 82 i cz gminy wiejskiej w odawa po o ona na p noc od granicy miasta w odawa w powiecie w odawskim, gminy rossosz, omazy, konstantyn w, piszczac, rokitno, bia a podlaska, zalesie, terespol z miastem terespol, drel w, midzyrzec podlaski z miastem midzyrzec podlaski w powiecie bialskim, powiat miejski bia a podlaska, cz gminy sosnowica po o ona na wsch d od linii wyznaczonej przez drog nr 819, a nastpnie drog nr 820 biegn ce od p nocnej granicy gminy do miejscowo ci nowy orzech w i na po udnie od drogi biegn cej z miejscowo ci nowy orzech w w kierunku zachodnim do granicy gminy, cz gminy siemie po o ona na zach d od linii wyznaczonej przez drog nr 815 i cz gminy milan w po o ona na zach d od drogi nr 813 w powiecie parczewskim, gminy nied wiada, ostr wek, cz gminy firlej po o ona na wsch d od linii wyznaczonej przez drog nr 19 i cz gminy u cim w po o ona na po udnie od linii wyznaczonej przez drog biegn c od zachodniej granicy gminy cz c miejscowo ci g bokie i stary u cim w i dalej w kierunku wschodnim do granicy gminy w powiecie lubartowskim, gmina trawniki i cz gminy piaski po o ona na p noc od linii wyznaczonej przez drog nr 17 biegn c od wschodniej granicy gminy piaski do skrzy owania z drog nr s12 i na wsch d od linii wyznaczonej przez drog biegn c od skrzy owania dr g nr 17 i nr s12 przez miejscowo majdan brzezicki do p nocnej granicy gminy w powiecie widnickim; cz gminy fajs awice po o ona na p noc od linii wyznaczonej przez drog nr 17 i cz gminy opiennik g rny po o ona na p noc od linii wyznaczonej przez drog nr 17 w powiecie krasnostawskim, gminy milej w, puchacz w, cz gminy ludwin po o ona na wsch d od linii wyznaczonej przez drog cz c miejscowo ci puchacz w i drat w, a nastpnie przez drog nr 820 do p nocnej granicy gminy i cz gminy cyc w po o ona na zach d od linii wyznaczonej przez drog 82 i na po udnie od linii wyznaczonej przez drog nr 841 biegn c od wschodniej granicy gminy do skrzy owania z drog nr 82 w miejscowo ci w lka cycowska w powiecie czy skim, gminy uchanie, horod o i cz gminy wiejskiej hrubiesz w po o ona na p noc od linii wyznaczonej przez drog nr 74 i na wsch d od linii wyznaczonej przez drog nr 844 w powiecie hrubieszowskim, gminy bia opole, dubienka, le niowice, wojs awice, mud , siedliszcze, rejowiec, rejowiec fabryczny z miastem rejowiec fabryczny i cz gminy wiejskiej che m po o ona na po udnie od linii wyznaczonej przez drog nr 812 biegn c od zachodniej granicy tej gminy do granicy powiatu miejskiego che m, a nastpnie po udniow granic powiatu miejskiego che m do wschodniej granicy gminy w powiecie che mskim. 7. romania the following areas in romania: s laj county. part iii 1. latvia the following areas in latvia: jelgavas novada jaunsvirlaukas, valgundes, kalnciema, l vb rzes, pagasts, ozolnieku novada salgales pagasts, saldus novada novadnieku, kurs u un zv rdes pagasts. 2. lithuania the following areas in lithuania: akmen s rajono savivaldyb : akmen s ir ventos seni nijos, alytaus rajono savivaldyb : alov s, butrimoni , daug , piva i n ir raitinink seni nijos, jurbarko rajono savivaldyb : gird i , juodai i , raudon s, sered iaus, skirsnemun s, imkai i ir veliuonos seni nijos, joni kio rajono savivaldyb kauno rajono savivaldyb : babt , eki k s, vilkijos ir vilkijos apylinki seni nijos, k daini rajono savivaldyb : dotnuvos, josvaini , k daini miesto, kraki , pel dnagi ir pernaravos seni nijos, kelm s rajono savivaldyb : tytyv n seni nijos dalis rytus ir pietus nuo kelio nr. 157 ir rytus nuo kelio nr. 2105 ir tytuv n apylinki seni nijos dalis pietus nuo kelio nr. 157 ir rytus nuo kelio nr. 2105, lazdij rajono savivaldyb , ma eiki rajono savivaldyb s: lai uvos, ma eiki apylink s, ma eiki , reivy i , tirk li ir viek ni seni nijos, pakruojo rajono savivaldyb : guostagalio seni nija, linkuvos seni nijos dalis vakarus nuo kelio nr. 151 ir kelio nr. 211, lygum , pakruojo, pa vitinio ir eimelio seni nijos, radvili kio rajono savivaldyb : grinki kio, aukoto ir iaul n seni nijos, raseini rajono savivaldyb : ariogalos, betygalos, pagojuk iluvos, kalnuj seni nijos ir girkalnio seni nijos dalis pietus nuo kelio nr. a1, trak rajono savivaldyb , var nos rajono savivaldyb . 3. poland the following areas in poland: w wojew dztwie warmi sko-mazurskim: gminy lelkowo, pieni no, p oskinia i cz gminy wiejskiej braniewo po o ona na wsch d od linii wyznaczonej przez drog nr e28 i s22 w powiecie braniewskim w wojew dztwie podlaskim: gminy d browa bia ostocka, sidra, cz gminy nowy dw r po o ona na po udnie od linii wyznaczonej przez drog nr 670, cz gminy jan w po o ona na p noc od linii wyznaczonej przez drog nr 671 biegn c od wschodniej granicy gminy do miejscowo ci jan w i na wsch d od linii wyznaczonej przez drog cz c miejscowo ci jan w, trofim wka i kizielany i cz gminy suchowola po o ona na wsch d od linii wyznaczonej przez drog nr 8 biegn c od p nocnej granicy gminy do miejscowo ci suchowola, a nastpnie przed u onej drog cz c miejscowo ci suchowola i dubasiewszczyzna biegn c do po udniowo-wschodniej granicy gminy w powiecie sok lskim, gmina giby, cz gminy krasnopol po o ona na po udnie od linii wyznaczonej przez drog nr 653 i cz gminy sejny po o ona na po udnie od linii wyznaczonej przez drog nr 653 oraz po udniowo - zachodni granic miasta sejny i na zach d od linii wyznaczonej przez drog nr 663 w powiecie sejne skim, gmina orla, cz gminy bielsk podlaski po o ona na wsch d od linii wyznaczonej przez drog nr 19 w powiecie bielskim, gminy czy e, cz gminy dubicze cerkiewne po o ona na zach d od linii wyznaczonej przez drog nr 685,cz gminy kleszczele po o ona na zach d od linii wyznaczonej przez drogi nr 685, a nastpnie nr 66 i nr 693 i cz gminy hajn wka po o ona na po udnie od linii wyznaczonej przez drog nr 689 i na zach d od linii wyznaczonej przez drog nr 685 w powiecie hajnowskim, gmina goni dz w powiecie monieckim gminy mielnik i nurzec-stacja w powiecie siemiatyckim. w wojew dztwie mazowieckim: gmina nasielsk w powiecie nowodworskim, gmina wiercze i cz gminy winnica po o ona na zach d od linii wyznaczonej przez drog cz c miejscowo ci bielany, winnica i pokrzywnica w powiecie pu tuskim, gmina nowe miasto w powiecie p o skim, gminy domanice, korczew, paprotnia, sk rzec, wi niew, cz gminy siedlce po o ona na po udnie od linii wyznaczonej przez drog nr 2 biegn c od zachodniej granicy gminy do granicy powiatu miejskiego siedlce i nastpnie na po udnie od linii wyznaczonej przez drog nr 698 do przecicia z ulic majow w miejscowo ci stok lacki folwark, ulic majow i ulic pa acow przez miejscowo grubale do granicy gminy i cz gminy zbuczyn po o ona na zach d od linii wyznaczonej przez drog biegn c od p nocnowschodniej do po udniowej granicy gminy i cz c miejscowo ci: tarcze, choja, zbuczyn, grodzisk, dziewule i smolanka w w powiecie siedleckim, powiat miejski siedlce, w wojew dztwie lubelskim: gminy wierzbica, sawin, ruda huta, dorohusk, kamie i cz gminy wiejskiej che m po o ona na p noc od linii wyznaczonej przez drog nr 812 biegn c od zachodniej granicy tej gminy do granicy powiatu miejskiego che m, a nastpnie p nocn granic powiatu miejskiego che m do wschodniej granicy gminy w powiecie che mskim, powiat miejski che m, gminy hanna, ha sk, wola uhruska, cz gminy urszulin po o ona na wsch d od linii wyznaczonej przez drog nr 82, cz gminy stary brus po o ona na po udnie od linii wyznaczonej przez drog nr 82 i cz gminy wiejskiej w odawa po o ona na po udnie od granicy miasta w odawa w powiecie w odawskim, cz gminy cyc w po o ona na wsch d od linii wyznaczonej przez drog nr 82 i na p noc od drogi nr 841 w powiecie czy skim, gminy jab o , podedw rze, dbowa k oda, parczew, cz gminy sosnowica po o ona na zach d od linii wyznaczonej przez drog nr 819, a nastpnie drog nr 820 biegn ce od p nocnej granicy gminy do miejscowo ci nowy orzech w i na p noc od drogi biegn cej z miejscowo ci nowy orzech w w kierunku zachodnim do granicy gminy, cz gminy siemie po o ona na wsch d od linii wyznaczonej przez drog nr 815 i cz gminy milan w po o ona na wsch d od drogi nr 813 w powiecie parczewskim, gminy jan w podlaski, le na podlaska, kode , s awatycze, sosn wka, tuczna i wisznice w powiecie bialskim, gminy jeziorzany, mich w, kock, cz gminy firlej po o ona na zach d od linii wyznaczonej przez drog nr 19, cz gminy ostr w lubelski po o ona na p noc od linii wyznaczonej przez drog 821 biegn c od zachodniej granicy gminy do miejscowo ci ostr w lubelski, a nastpnie przez drog cz c miejscowo ci ostr w lubelski, g bokie i stary u cim w i cz gminy u cim w po o ona na p noc od linii wyznaczonej przez drog biegn c od zachodniej granicy gminy cz c miejscowo ci g bokie i stary u cim w i dalej w kierunku wschodnim do granicy gminy w powiecie lubartowskim,gminy adam w, serokomla i cz gminy wiejskiej uk w po o ona na zach d od linii wyznaczonej przez drog biegn c od p nocnej granicy gminy przez miejscowo w lka wi tkowa do p nocnej granicy miasta uk w, a nastpnie na p noc i zach d od linii stanowi cej p nocn i zachodni granic miasta uk w do jej przecicia si z drog nr 76 i na p noc od linii wyznaczonej przez drog nr 76 biegn c od zachodniej granicy miasta uk w do zachodniej granicy gminy wiejskiej uk w w powiecie ukowskim, gmina baran w w powiecie pu awskim, gminy nowodw r i u w powiecie ryckim. 4. romania the following areas in romania: satu mare county, tulcea county, constan a county, big island of br ila, pond of ialomita. part iv italy the following areas in italy: tutto il territorio della sardegna.

name: council decision (eu) 2018/962 of 3 july 2018 appointing four members and three alternate members, proposed by the italian republic, of the committee of the regions type: decision subject matter: europe; eu institutions and european civil service date published: 2018-07-06 6.7.2018 en official journal of the european union l 169/54 council decision (eu) 2018/962 of 3 july 2018 appointing four members and three alternate members, proposed by the italian republic, 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 italian 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 5 october 2015, by council decision (eu) 2015/1791 (4), mr onofrio introna was replaced by mr roberto ciambetti as an alternate member. (2) three members' seats on the committee of the regions have become vacant following the end of the term of office of mr giovanni ardizzone, mr raffaele cattaneo and mr paolo di laura frattura. (3) a member's seat on the committee of the regions has become vacant following the end of the mandate on the basis of which mr vincenzo bianco (mayor of catania) was proposed. (4) two alternate members' seats on the committee of the regions have become vacant following the end of the term of office of mr stefano bruno galli and mr isidoro gottardo. (5) an alternate member's seat has become vacant following the appointment of mr roberto ciambetti as a member of the committee of the regions, 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: mr alessandro fermi, presidente del consiglio e consigliere della regione lombardia, mr roberto ciambetti, presidente del consiglio e consigliere della regione veneto, mr donato toma, presidente della regione molise, mr vincenzo bianco, consigliere del comune di catania (change of mandate); (b) as alternate members: mr alessandro piana, presidente del consiglio e consigliere della regione liguria, mr raffaele cattaneo, assessore della regione lombardia, mr alberto gottardo, consigliere del comune di sacile. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 3 july 2018. for the council the president g. bl mel (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) 2015/1791 of 5 october 2015 appointing an italian alternate member of the committee of the regions (oj l 260, 7.10.2015, p. 27).

name: european council decision (eu) 2018/937 of 28 june 2018 establishing the composition of the european parliament type: decision subject matter: electoral procedure and voting; eu institutions and european civil service; parliament date published: 2018-07-02 2.7.2018 en official journal of the european union li 165/1 european council decision (eu) 2018/937 of 28 june 2018 establishing the composition of the european parliament the european council, having regard to the treaty on european union, and in particular article 14(2) thereof, having regard to the initiative of the european parliament (1), having regard to the consent of the european parliament (2), whereas: (1) the first subparagraph of article 14(2) of the treaty on european union (teu) lays down the criteria for the composition of the european parliament, namely that representatives of the union's citizens are not to exceed seven hundred and fifty in number, plus the president, that representation is to be degressively proportional, with a minimum threshold of six members per member state, and that no member state is to be allocated more than ninety-six seats. (2) article 10 teu provides, inter alia, that the functioning of the union is to be founded on representative democracy, with citizens being directly represented at union level in the european parliament and member states being represented by their governments, themselves being democratically accountable to their national parliaments or citizens, in the council. (3) article 14(2) teu therefore applies within the context of the wider institutional arrangements set out in the treaties, which also include the provisions on decision making in the council, has adopted this decision: article 1 in the application of article 14(2) teu, the following principles shall be respected: the allocation of seats in the european parliament is to fully utilise the minimum and maximum thresholds per member state set by the teu in order to reflect as closely as possible the sizes of the respective populations of the member states, degressive proportionality is to be defined as follows: the ratio between the population and the number of seats of each member state before rounding to whole numbers is to vary in relation to their respective populations in such a way that each member of the european parliament from a more populous member state represents more citizens than each member of the european parliament from a less populous member state and, conversely, that the larger the population of a member state, the greater its entitlement to a large number of seats in the european parliament, the allocation of seats in the european parliament is to reflect demographic developments in the member states. article 2 the total population of the member states is calculated by the commission (eurostat) on the basis of the most recent data provided by the member states, in accordance with a method established by means of regulation (eu) no 1260/2013 of the european parliament and of the council (3). article 3 1. the number of representatives in the european parliament elected in each member state is hereby set as follows for the 2019-2024 parliamentary term: belgium 21 bulgaria 17 czech republic 21 denmark 14 germany 96 estonia 7 ireland 13 greece 21 spain 59 france 79 croatia 12 italy 76 cyprus 6 latvia 8 lithuania 11 luxembourg 6 hungary 21 malta 6 netherlands 29 austria 19 poland 52 portugal 21 romania 33 slovenia 8 slovakia 14 finland 14 sweden 21 2. however, in the event that the united kingdom is still a member state of the union at the beginning of the 2019-2024 parliamentary term, the number of representatives in the european parliament per member state taking up office shall be the one provided for in article 3 of the european council decision 2013/312/eu (4) until the withdrawal of the united kingdom from the union becomes legally effective. once the united kingdom's withdrawal from the union becomes legally effective, the number of representatives in the european parliament elected in each member state shall be the one provided for in paragraph 1 of this article. all representatives in the european parliament who fill the additional seats resulting from the difference between the number of seats allocated in the first and second subparagraphs shall take up their seats in the european parliament at the same time. article 4 sufficiently far in advance of the beginning of the 2024-2029 parliamentary term, the european parliament shall submit to the european council, in accordance with article 14(2) teu, a proposal for an updated allocation of seats in the european parliament. article 5 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 june 2018. for the european council the president d. tusk (1) initiative adopted on 7 february 2018 (not yet published in the official journal). (2) consent of 13 june 2018 (not yet published in the official journal). (3) regulation (eu) no 1260/2013 of the european parliament and of the council of 20 november 2013 on european demographic statistics (oj l 330, 10.12.2013, p. 39). (4) european council decision 2013/312/eu of 28 june 2013 establishing the composition of the european parliament (oj l 181, 29.6.2013, p. 57).

name: commission implementing decision (eu) 2018/936 of 29 june 2018 authorising member states to adopt certain derogations pursuant to directive 2008/68/ec of the european parliament and of the council on the inland transport of dangerous goods (notified under document c(2018) 4003) type: decision_impl subject matter: economic geography; land transport; organisation of transport; transport policy; maritime and inland waterway transport; european union law date published: 2018-07-02 2.7.2018 en official journal of the european union l 165/42 commission implementing decision (eu) 2018/936 of 29 june 2018 authorising member states to adopt certain derogations pursuant to directive 2008/68/ec of the european parliament and of the council on the inland transport of dangerous goods (notified under document c(2018) 4003) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 2008/68/ec of the european parliament and of the council of 24 september 2008 on the inland transport of dangerous goods (1), and in particular articles 6(2) and (4) thereof, whereas: (1) annex i, section i.3, annex ii, section ii.3 and annex iii, section iii.3 to directive 2008/68/ec contain lists of national derogations, allowing specific national circumstances to be taken into account. several new national derogations and several amendments to authorised derogations were requested by certain member states. (2) these derogations should be authorised. (3) as annex i, section i.3, annex ii, section ii.3 and annex iii, section iii.3 have therefore to be adapted, it is appropriate, for reasons of clarity, to replace them in their entirety. (4) directive 2008/68/ec should therefore be amended accordingly. (5) the measures provided for in this decision are in accordance with the opinion of the committee on transport of dangerous goods set up by directive 2008/68/ec, has adopted this decision: article 1 the member states listed in the annex are authorised to implement the derogations set out therein regarding the transport of dangerous goods in their territory. these derogations shall be applied without discrimination. article 2 annex i, section i.3, annex ii, section ii.3 and annex iii, section iii.3 to directive 2008/68/ec are amended in accordance with the annex to this decision. article 3 this decision is addressed to the member states. done at brussels, 29 june 2018. for the commission violeta bulc member of the commission (1) oj l 260, 30.9.2008, p. 13. annex annexes i, ii and iii to directive 2008/68/ec are amended as follows: (1) in annex i, section i.3 is replaced by the following: i.3. national derogations derogations for member states for the transport of dangerous goods within their territory on the basis of article 6(2) of directive 2008/68/ec. numbering of derogations: ro-a/bi/bii-ms-nn ro = road a/bi/bii = article 6(2) a/bi/bii ms = abbreviation of member state nn = order number based on article 6(2)(a) of directive 2008/68/ec at austria ro-a-at-1 subject: small quantities of all classes except 1, 6.2 and 7 reference to annex i, section i.1 to directive 2008/68/ec: 3.4 content of the annex to the directive: transport of dangerous goods packed in limited quantities content of the national legislation: up to 30 kg or l of dangerous goods not belonging to transport category 0 or 1 in lq inner packagings or in packages in line with adr or being robust articles may be packed together in x tested boxes. end-users are allowed to fetch them from the shop and to bring them back, retailers to carry them to end-users or between their own shops. the limit per transport unit is 333 kg or l, the permitted perimeter 100 km. the boxes have to be marked uniformly and accompanied by a simplified transport document. only a few loading and handling provisions apply. initial reference to the national legislation: - comments: expiry date: 30 june 2022 be belgium ro a be 1 subject: class 1 small quantities. reference to annex i, section i.1, to directive 2008/68/ec: 1.1.3.6 content of the annex to the directive: 1.1.3.6 limits to 20 kg the quantity of mining explosives which can be transported in an ordinary vehicle. content of the national legislation: operators of depots remote from supply points may be authorised to transport 25 kg of dynamite or powerful explosives and 300 detonators at the most in ordinary motor vehicles, subject to conditions to be set by the explosives service. initial reference to the national legislation: article 111 de l'arr t royal 23 septembre 1958 sur les produits explosifs. expiry date: 30 june 2020 ro a be 2 subject: transport of uncleaned empty containers having contained products of different classes. reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1.1.6 content of the national legislation: indication on the transport document uncleaned empty packages having contained products of different classes. initial reference to the national legislation: d rogation 6-97. expiry date: 31 december 2022 ro a be 3 subject: adoption of ro a uk 4. initial reference to the national legislation: derogation 4-2004 expiry date: 31 december 2022 ro a be 4 subject: exemption of all adr requirements for the national transport of maximum 1 000 used ionic smoke detectors from private households to the treatment facility in belgium via the collection points foreseen in the scenario for the selective collection of smoke detectors. reference to annex i, section i.1, to directive 2008/68/ec: all requirements content of the national legislation: the domestic use of ionic smoke detectors is not submitted to regulatory control from a radiological point of view once the smoke detector is of an approved type. the transport of these smoke detectors to the end user is also exempted from adr requirements. (see 1.7.1.4. e)). directive 2002/96/ec (on waste electric and electronic equipments) requires the selective collection of used smoke detectors for treatment of the circuit boards and, for the ionic smoke detectors, to take out the radioactive substances. to make this selective collection possible a scenario has been developed to stimulate private households to bring their used smoke detectors to a collection point from which these detectors can be carried to a treatment facility sometimes via a second collection point or an intermediate storage place. at the collection points metal packagings will be made available wherein a maximum of 1 000 smoke detectors can be packed. from these points one such package with the smoke detectors can be transported together with others wastes to an intermediate storage or the treatment facility. the package will be labelled with the word smoke detector. initial reference to the national legislation: scenario for the selective collection of smoke detectors makes part of the conditions for removal of approved instruments foreseen in article 3.1.d.2 of the royal decree of 20 july 2001: the general radiation protection regulation. comments: this derogation is necessary to make the selective collection of used ionic smoke detectors possible. expiry date: 30 june 2020 de germany ro a de 1 subject: mixed packing and mixed loading of car parts with classification 1.4g together with certain dangerous goods (n4). reference to annex i, section i.1, to directive 2008/68/ec: 4.1.10 and 7.5.2.1 content of the annex to the directive: provisions on mixed packing and mixed loading. content of the national legislation: un 0431 and un 0503 may be loaded together with certain dangerous goods (products related to car manufacturing) in certain amounts, listed in the exemption. the value 1 000 (comparable with 1.1.3.6.4) shall not be exceeded. initial reference to the national legislation: gefahrgut-ausnahmeverordnung ggav 2002 vom 6.11.2002 (bgbl. i s. 4350); ausnahme 28. comments: the exemption is needed to provide fast delivery of safety car parts depending on local demand. due to the wide product range storage of these products using local garages is not common. expiry date: 30 june 2021 ro a de 2 subject: exemption from the requirement to carry a transport document and a shippers' declaration for certain quantities of dangerous goods as defined in 1.1.3.6 (n1). reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1.1.1 and 5.4.1.1.6 content of the annex to the directive: contents of the transport document. content of the national legislation: for all classes except class 7: no transport document is needed if the quantity of the goods transported does not exceed the quantities given in 1.1.3.6. initial reference to the national legislation: gefahrgut-ausnahmeverordnung ggav 2002 vom 6.11.2002 (bgbl. i s. 4350); ausnahme 18. comments: the information provided by the marking and labelling of packages is considered sufficient for national transport, as a transport document is not always appropriate where local distribution is involved. derogation registered by the commission as no 22 (under article 6(10) of directive 94/55/ec). expiry date: 30 june 2021 ro a de 3 subject: transportation of measurement standards and fuel pumps (empty, non-cleaned). reference to annex i, section i.1, to directive 2008/68/ec: provisions for un numbers 1202, 1203 and 1223. content of the annex to the directive: packaging, marking, documents, transport and handling instructions, instructions for vehicle crews. content of the national legislation: specification of applicable regulations and ancillary provisions for applying the derogation; up to 1 000 l: comparable with empty, non-cleaned packaging; above 1 000 l: compliance with certain regulations for tanks; transportation empty and non-cleaned only. initial reference to the national legislation: gefahrgut-ausnahmeverordnung ggav 2002 vom 6.11.2002 (bgbl. i s. 4350); ausnahme 24. comments: list no 7, 38, 38a. expiry date: 30 june 2021 ro a de 5 subject: combined packaging authorisation. reference to annex i, section i.1, to directive 2008/68/ec: 4.1.10.4 mp2 content of the annex to the directive: prohibition of combined packaging. content of the national legislation: classes 1.4s, 2, 3 and 6.1; authorisation of combined packaging of objects in class 1.4s (cartridges for small weapons), aerosols (class 2) and cleaning and treatment materials in classes 3 and 6.1 (un numbers listed) as sets to be sold in combined packaging in packaging group ii and in small quantities. initial reference to the national legislation: gefahrgut-ausnahmeverordnung ggav 2002 vom 6.11.2002 (bgbl. i s. 4350); ausnahme 21. comments: list no 30*, 30a, 30b, 30c, 30d, 30e, 30f, 30g. expiry date: 30 june 2021 dk denmark ro a dk 2 subject: road transport of packaging containing explosive substances and packaging containing detonators on the same vehicle. reference to annex i, section i.1, to directive 2008/68/ec: 7.5.2.2 content of the annex to the directive: mixed packing provisions. content of the national legislation: the rules in the adr must be observed when transporting dangerous goods by road. initial reference to the national legislation: bekendtg relse nr. 729 of 15. august 2001 om vejtransport of farligt gods 4, stk. l. comments: there is a practical need for being able to pack explosive substances together with detonators on the same vehicle when transporting such goods from where they are stored to the workplace and back again. when the danish legislation concerning the transport of dangerous goods is amended, the danish authorities will allow such transport under the following conditions: 1. not more than 25 kg explosive substances under group d are being transported. 2. not more than 200 pieces of detonators under group b are being transported. 3. detonators and explosive substances must be packed separately in un-certified packaging in accordance with the rules set out in directive 2000/61/ec amending directive 94/55/ec. 4. the distance between packaging that contains detonators and packaging that contains explosive substances must be at least 1 metre. this distance has to be observed even after a sudden application of the brakes. packaging containing explosive substances and packaging containing detonators must be placed in a way that makes it possible quickly to remove them from the vehicle. 5. all other rules concerning the transport of dangerous goods by road must be observed. expiry date: 30 june 2021 ro a dk 3 subject: road transport of packagings and articles containing wastes or residues of dangerous goods of certain classes from households and enterprises for the purpose of disposal. reference to annex i, section i.1, to directive 2008/68/ec: parts and chapters 2, 3, 4.1, 5.1, 5.2, 5.4, 6, 8.1 and 8.2. content of the annex to the directive: classification provisions, special provisions, packing provisions, consignment procedures, requirements for the construction and testing of packagings, general requirements concerning transport units and equipment on board and training requirements. content of the national legislation: inner packagings and articles containing waste or residues of dangerous goods of certain classes collected from private households or enterprises for the purpose of disposal may be packed together in certain outer packagings and/or overpacks and carried under special consignment procedures including special packing and marking restrictions. the quantity of dangerous goods per inner packaging, per outer packaging and/or per transport unit is restricted. initial reference to the national legislation: bekendtg relse nr. 818 af 28. juni 2011 om vejtransport af farligt gods 4, stk. 3. comments: it is not possible for waste managers to apply all provisions of annex i, section i.1 to directive 2008/68/ec when wastes with residual amounts of dangerous goods have been collected from private households and enterprises to be carried for disposal. the waste is usually contained in packagings that have been sold in retail. expiry date: 1 january 2019 fi finland ro-a-fi-1 subject: transport of dangerous goods in certain amounts in buses legal basis: directive 2008/68/ec, article 6(2)(a) reference to annex i, section i.1, to directive 2008/68/ec: part 1, 4 and 5 content of the annex to the directive: exemptions, packaging provisions, marking and documentations. content of the national legislation: in buses with passengers, small amounts of specified dangerous goods may be transported as freight so that the total quantity does not exceed 200 kilos. in a bus, a private individual may transport dangerous goods referred to in section 1.1.3 where the goods in question are packaged for retail sale and are intended for their personal use. the total quantity of flammable liquids filled in refillable receptacles may not exceed 5 litres. initial reference to the national legislation: finnish transport safety agency regulation on the transport of dangerous goods by road and government decree on the transport of dangerous goods by road (194/2002) expiry date: 30 june 2021 ro a fi 2 subject: description of empty tanks in the transport document legal basis: directive 2008/68/ec, article 6(2)(a) reference to annex i, section i.1, to directive 2008/68/ec: part 5, 5.4.1 content of the annex to the directive: special provisions for carriage in tank-vehicles or transport units with more than one tank content of the national legislation: when transporting empty, uncleaned tank-vehicles or transport units having one or more tanks marked in accordance with 5.3.2.1.3, the last transported substance marked in the transport document may be the substance with the lowest flash-point. initial reference to the national legislation: finnish transport safety agency regulation on the transport of dangerous goods by road expiry date: 30 june 2021 ro-a-fi-3 subject: placarding and marking of the transport unit for explosives. legal basis: directive 2008/68/ec, article 6(2)(a) reference to annex i, section i.1, to directive 2008/68/ec: 5.3.2.1.1 content of the annex to the directive: general orange-coloured plate marking provisions content of the national legislation: transport units (normally vans) transporting small amounts of explosives (maximum net mass 1 000 kg) to quarries and working sites may be affixed at the front and the rear with a placard model no 1. initial reference to the national legislation: finnish transport safety agency regulation on the transport of dangerous goods by road expiry date: 30 june 2021 fr france ro a fr 2 subject: transport of waste arising from care activities involving a risk of infection covered by un 3291 with a mass less than or equal to 15 kg. reference to annex i, section i.1, to directive 2008/68/ec: annexes a and b. content of the national legislation: exemption from the requirements of the adr for the transport of waste arising from care activities presenting a risk of infection covered by un 3291 with a mass less than or equal to 15 kg. initial reference to the national legislation: arr t du 1er juin 2001 relatif au transport des marchandises dangereuses par route article 12. expiry date: 30 june 2021 ro a fr 5 subject: transport of dangerous goods in public passenger transport vehicles (18). reference to annex i, section i.1, to directive 2008/68/ec: 8.3.1. content of the annex to the directive: transport of passengers and dangerous goods. content of the national legislation: transport of dangerous goods other than those of class 7, authorised in public transport vehicles as hand luggage: only the provisions relating to the packaging, marking and labelling of parcels set out in 4.1, 5.2 and 3.4 apply. initial reference to the national legislation: arr t du 29 mai 2009 relatif au transport des marchandises dangereuses par voies terrestres, annexe i paragraphe 3.1. comments: only dangerous goods for personal or own professional use are permitted to be carried in hand luggage. portable gas receptacles are allowed for patients with respiratory problems in the necessary amount for one journey. expiry date: 28 february 2022 ro a fr 6 subject: own-account transport of small quantities of dangerous goods (18). reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1. content of the annex to the directive: obligation to have a transport document. content of the national legislation: own-account transport of small quantities of dangerous goods other than class 7, not exceeding the limits set in 1.1.3.6 is not subject to the obligation to have a transport document provided for in 5.4.1. initial reference to the national legislation: arr t du 29 mai 2009 relatif au transport des marchandises dangereuses par voies terrestres annexe i, paragraphe 3.2.1. expiry date: 28 february 2022 ro a fr 7 subject: road transport of samples of chemical substances, mixtures and articles containing dangerous goods for the purpose of market surveillance reference to annex i, section i.1, to directive 2008/68/ec: parts 1 to 9 content of the annex to the directive: general provisions, classification, special provisions and exemptions concerning the carriage of dangerous goods packed in limited quantities, provisions concerning the use of packaging and tanks, consignment procedures, packaging construction requirements, provisions concerning transport conditions, handling, loading and unloading, requirements concerning transport equipment and transport operations, requirements concerning the construction and approval of vehicles. content of the national legislation: samples of chemical substances, mixtures and articles containing dangerous goods and carried for analysis as a part of market surveillance activity shall be packed in combination packagings. they shall comply with the rules concerning maximum quantities for inner packaging depending on the type of the dangerous good involved. the outer packaging shall comply with the requirements for solid plastic boxes (4h2, chapter 6.1 of annex i, section i.1 to directive 2008/68/ec). the outer packaging must bear the marking of section 3.4.7, annex i, section i.1 to directive 2008/68/ec and the text samples for analysis (in french: echantillons destin s l'analyse). provided that these provisions are complied with, the carriage is not subject to the provisions of annex i, section i.1 to directive 2008/68/ec. initial reference to the national legislation: arr t du 12 d cembre 2012 modifiant l'arr t du 29 mai 2009 relatif aux transports de marchandises dangereuses par voies terrestres comments: the exemption of section 1.1.3, annex i, section i.1 to directive 2008/68/ec does not provide for the transport of samples of dangerous goods for analysis taken by or on behalf of the competent authorities. to ensure effective market surveillance, france has introduced a procedure based on the system applicable to limited quantities for ensuring the safety of transport of samples containing dangerous goods. as it is not always feasible to apply the provisions of table a the quantity limit for the inner packaging has been defined in a more operational way. expiry date: 1 january 2019 hu hungary ro-a-hu-1 subject: adoption of ro-a-de-2 initial reference to the national legislation: a nemzeti fejleszt si miniszter rendelete az adr meg llapod s a s b mell klet nek belf ldi alkalmaz s r l expiry date: 30 january 2020 ro a-hu-2 subject: adoption of ro-a-uk-4 initial reference to the national legislation: a nemzeti fejleszt si miniszter rendelete az adr meg llapod s a s b mell klet nek belf ldi alkalmaz s r l expiry date: 30 january 2020 ie ireland ro a ie 1 subject: exemption from the requirement of 5.4.0 of the adr for a transport document for the carriage of pesticides of adr class 3, listed under 2.2.3.3 as ft2 pesticides (f.p. < 23 c) and adr class 6.1, listed under 2.2.61.3 as t6 pesticides, liquid (flash point not less than 23 c), where the quantities of dangerous goods being carried do not exceed the quantities set out in 1.1.3.6 of the adr. reference to annex i, section i.1, to directive 2008/68/ec: 5.4 content of the annex to the directive: requirement for transport document. content of the national legislation: a transport document is not required for the carriage of pesticides of adr classes 3 and 6.1, where the quantity of dangerous goods being carried does not exceed the quantities set out in 1.1.3.6 of the adr. initial reference to the national legislation: regulation 82(9) of the carriage of dangerous goods by road regulations 2004. comments: unnecessary, onerous requirement for local transport and delivery of such pesticides. expiry date: 30 june 2021 ro a ie 4 subject: exemption from the requirements of 5.3, 5.4, 7 and annex b of the adr, in relation to the carriage of gas cylinders of dispensing agents (for beverages) where they are carried on the same vehicle as the beverages (for which they are to be used). reference to annex i, section i.1, to directive 2008/68/ec: 5.3, 5.4, 7 and annex b. content of the annex to the directive: the marking of the vehicles, the documentation to be carried and the provisions concerning transport equipment and transport operations. content of the national legislation: exemption from the requirements of 5.3, 5.4, 7 and annex b of the adr for cylinders of gases, used as dispensing agents for beverages, where these cylinders of gases are carried on the same vehicle as the beverages (for which they are to be used). initial reference to the national legislation: proposed amendment to carriage of dangerous goods by road regulations, 2004. comments: the main activity consists of the distribution of packages of beverages, which are not substances according to the adr, together with small quantities of small cylinders of associated dispensing gases. previously under article 6(10) of directive 94/55/ec. expiry date: 30 june 2021 ro a ie 5 subject: exemption, for national transport within ireland, from the construction and testing requirements for receptacles, and their provisions on use, contained in 6.2 and 4.1 of the adr, for cylinders and pressure drums of gases of class 2 that have undergone a multimodal transport journey, including maritime carriage, where (i) these cylinders and pressure drums are constructed, tested and used in accordance with the imdg code, (ii) these cylinders and pressure drums are not refilled in ireland but returned nominally empty to the country of origin of the multimodal transport journey, and (iii) these cylinders and pressure drums are distributed locally in small quantities. reference to annex i, section i.1, to directive 2008/68/ec: 1.1.4.2, 4.1 and 6.2. content of the annex to the directive: provisions relating to multimodal transport journeys, including maritime carriage, use of cylinders and pressure drums for gases of adr class 2, and construction and testing of these cylinders and pressure drums for gases of adr class 2. content of the national legislation: the provisions of 4.1 and 6.2 do not apply to cylinders and pressure drums of gases of class 2, provided (i) these cylinders and pressure drums are constructed and tested in accordance with the imdg code, (ii) these cylinders and pressure drums are used in accordance with the imdg code, (iii) these cylinders and pressure drums were transported to the consignor by means of multimodal transport, including maritime carriage, (iv) the transport of these cylinders and pressure drums to the final user consists only of a single transport journey, completed within the same day, from the consignee of the multimodal transport operation (referred to in (iii)), (v) these cylinders and pressure drums are not refilled within the state and are returned nominally empty to the country of origin of the multimodal transport operation (referred to in (iii)), and (vi) these cylinders and pressure drums are distributed locally within the state in small quantities. initial reference to the national legislation: proposed amendment to carriage of dangerous goods by road regulations, 2004. comments: the gases contained in these cylinders and pressure drums are of a specification, required by the final user, which results in the need to import them from outside the adr area. following use, these nominally empty cylinders and pressure drums are required to be returned to the country of origin, for refilling with the specially specified gases they are not to be refilled within ireland or indeed within any part of the adr area. though not in compliance with the adr, they are in compliance with and accepted for the purposes of the imdg code. the multimodal transport, beginning from outside the adr area, is intended to finish at the importer's premises, from where it is intended that these cylinders and pressure drums be distributed to the final user locally within ireland in small quantities. this carriage, within ireland, would fall within the amended article 6(9) of directive 94/55/ec. expiry date: 30 june 2021 ro a ie 6 subject: exemption from some of the provisions of annex i, section i.1, to directive 2008/68/ec on the packaging, marking and labelling of small quantities (below the limits in 1.1.3.6) of time expired pyrotechnic articles of classification codes 1.3g, 1.4g and 1.4s of class 1 of annex i, section i.1, to directive 2008/68/ec, bearing the respective substance identification numbers un 0092, un 0093, un 0191, un 0195, un 0197, un 0240, un 0312, un 0403, un 0404, un 0453, un 0505, un 0506 or un 0507 for carriage to a military barracks or range for disposal. reference to annex i, section i.1, to directive 2008/68/ec: parts 1, 2, 4, 5 and 6 content of the annex to the directive: general provisions. classification. packaging provisions. consignment provisions. construction and testing of packages. content of the national legislation: the provisions of annex i, section i.1, to directive 2008/68/ec on the packaging, marking and labelling of time expired pyrotechnic articles bearing the respective un numbers un 0092, un 0093, un 0191, un 0195, un 0197, un 0240, un 0312, un 0403, un 0404, un 0453, un 0505, un 0506 or un 0507 for carriage to a military barracks or range do not apply provided the general packaging provisions of annex i, section i.1, to directive 2008/68/ec are complied with and additional information is included in the transport document. the derogation applies only to the local transport, to a military barracks or range, of small quantities of these time-expired pyrotechnics for safe disposal. initial reference to the national legislation: s.i. 349 of 2011 regulation 57(f) and (g) comments: the carriage of small quantities of time expired marine pyrotechnics, especially from pleasure boat owners and ship chandlers, to a military barracks or range for their safe disposal has created difficulties, particularly in relation to packaging requirements. the derogation is for small quantities (below those specified in 1.1.3.6) for local transport, encompassing all un numbers assigned to maritime pyrotechnics. expiry date: 30 january 2020 ro a ie 7 subject: adoption of ro-a-uk-4 initial reference to the national legislation: - expiry date: 30 june 2022 pt portugal ro-a-pt-3 subject: adoption of ro-a-uk-4 initial reference to the national legislation:- expiry date: 30 january 2022 se sweden ro-a-se-1 subject: adoption of ro-a-fr-7 legal basis: directive 2008/68/ec, article 6(2)(a) (small quantities) reference to the annex i, section i, 1 to directive 2008/68/ec: part 1 to 9. context of the directive: reference to the national legislation: s rskilda best mmelser om visa inrikes transporter av farligt gods p v g och i terr ng. comments: expiry date: 30 june 2022 uk united kingdom ro a uk 1 subject: carriage of certain items containing low-hazard radioactive material, such as clocks, watches, smoke detectors, compass dials (e1). reference to annex i, section i.1, to directive 2008/68/ec: most requirements of the adr content of the annex to the directive: requirements concerning the carriage of class 7 material. content of the national legislation: total exemption from the provisions of the national regulations for certain commercial products containing limited quantities of radioactive material. (a luminous device intended to be worn by a person; in any one vehicle or railway vehicle no more than 500 smoke detectors for domestic use with an individual activity not exceeding 40 kbq; or in any one vehicle or railway vehicle no more than five gaseous tritium light devices with an individual activity not exceeding 10 gbq). initial reference to the national legislation: the radioactive material (road transport) regulations 2002: regulation 5(4)(d). the carriage of dangerous goods and use of transportable pressure equipment regulations 2004: regulation 3(10). comments: this derogation is a short-term measure, which will no longer be required when similar amendments to the international atomic energy agency (iaea) regulations have been incorporated into the adr. expiry date: 30 june 2021 ro a uk 2 subject: exemption from the requirement to carry a transport document for certain quantities of dangerous goods (other than class 7) as defined in 1.1.3.6 (e2). reference to annex i, section i.1, to directive 2008/68/ec: 1.1.3.6.2 and 1.1.3.6.3. content of the annex to the directive: exemptions from certain requirements for certain quantities per transport unit. content of the national legislation: transport document is not required for limited quantities, except where these form part of a larger load. initial reference to the national legislation: the carriage of dangerous goods and use of transportable pressure equipment regulations 2004: regulation 3(7)(a). comments: this exemption is suited to national transport, where a transport document is not always appropriate in cases where local distribution is involved. expiry date: 30 june 2021 ro a uk 3 subject: exemption from the requirement for vehicles carrying low-level radioactive material to carry fire-fighting equipment (e4). reference to annex i, section i.1, to directive 2008/68/ec: 8.1.4. content of the annex to the directive: requirement for vehicles to carry fire-fighting appliances. content of the national legislation: removes requirement to carry fire extinguishers when carrying only excepted packages (un 2908, 2909, 2910 and 2911). restricts the requirement where only a small number of packages are carried. initial reference to the national legislation: the radioactive material (road transport) regulations 2002: regulation 5(4)(d). comments: carriage of fire-fighting equipment is in practice irrelevant to the transport of un 2908, 2909, 2910, un 2911, which may often be carried in small vehicles. expiry date: 30 june 2021 ro a uk 4 subject: distribution of goods in inner packagings to retailers or users (excluding those of classes 1, 4.2, 6.2 and 7) from local distribution depots to retailers or users and from retailers to end users (n1). reference to annex i, section i.1, to directive 2008/68/ec: 6.1. content of the annex to the directive: requirements for the construction and testing of packaging. content of national legislation: packaging is not required to have been allocated an rid/adr or un mark or to be otherwise marked if it contains goods as set out in schedule 3. initial reference to the national legislation: the carriage of dangerous goods and use of transportable pressure equipment regulations 2004: regulation 7(4) and regulation 36 authorisation number 13. comments: the requirements of the adr are inappropriate for the final stages of carriage from a distribution depot to a retailer or user or from a retailer to an end user. the purpose of this derogation is to allow the inner receptacles of goods for retail distribution to be carried on the final leg of a local distribution journey without an outer packaging. expiry date: 30 june 2021 ro a uk 5 subject: to allow different maximum total quantity per transport unit for class 1 goods in categories 1 and 2 of table in 1.1.3.6.3 (n10). reference to annex i, section i.1, to directive 2008/68/ec: 1.1.3.6.3 and 1.1.3.6.4. content of the annex to the directive: exemptions related to quantities carried per transport unit. content of the national legislation: lays down rules regarding exemptions for limited quantities and mixed loading of explosives. initial reference to the national legislation: carriage of explosives by road regulations 1996, reg. 13 and schedule 5; reg. 14 and schedule 4. comments: to allow different quantity limits for class 1 goods, viz 50 for category 1 and 500 for category 2. for the purpose of calculating mixed loads, the multiplication factors to read 20 for transport category 1 and 2 for transport category 2. previously under article 6(10) of directive 94/55/ec. expiry date: 30 june 2021 ro a uk 6 subject: increase of maximum net mass of explosive articles permissible in ex/ii vehicles (n13). reference to annex i, section i.1, to directive 2008/68/ec: 7.5.5.2. content of the annex to the directive: limitations on quantities carried for explosive substances and articles. content of the national legislation: limitations on quantities carried for explosive substances and articles. initial reference to the national legislation: carriage of explosives by road regulations 1996, reg. 13, schedule 3. comments: uk regulations allow a maximum net mass of 5 000 kg in type ii vehicles for compatibility groups 1.1c, 1.1d, 1.1e and 1.1 j. many articles of class 1.1c, 1,1d, 1.1e and 1.1 j being moved in the union are large or bulky and exceed about 2,5 m in length. they are primarily explosive articles for military use. the limitations on the construction for ex/iii vehicles (which are required to be closed vehicles) make it very difficult to load and unload such articles. some articles would require specialist loading and unloading equipment at both ends of the journey. in practice, this equipment rarely exists. there are few ex/iii vehicles in use in the uk and it would be extremely onerous on industry to require further specialist ex/iii vehicles to be constructed to carry this type of explosive. in the uk military explosives are mostly carried by commercial carriers and are thus unable to take advantage of the exemption for military vehicles in directive 2008/68/ec. to overcome this problem, the uk has always permitted the carriage of up to 5 000 kg of such articles on ex/ii vehicles. the present limit is not always sufficient because an article may contain more than 1 000 kg of explosive. since 1950 there have been only two incidents (both in the 1950s) involving blasting explosives with a weight above 5 000 kg. the incidents were caused by a tyre fire and a hot exhaust system setting fire to the sheeting. the fires could have occurred with a smaller load. there were no fatalities or injuries. there is empirical evidence to suggest that correctly packaged explosive articles would be unlikely to ignite due to impact, e.g. from vehicle collisions. evidence from military reports and from trials data on missile impact tests shows that it needs an impact velocity in excess of that created by the 12 metre drop test to bring about the ignition of cartridges. present safety standards would not be affected. expiry date: 30 june 2021 ro a uk 7 subject: exemption from supervision requirements for small quantities of certain class 1 goods (n12). reference to annex i, section i.1, to directive 2008/68/ec: 8.4 and 8.5 s1(6). content of the annex to the directive: supervision requirements for vehicles carrying certain quantities of dangerous goods. content of the national legislation: provides for safe parking and supervision facilities but does not require that certain class 1 loads be supervised at all times as required in the adr 8.5 s1(6). initial reference to the national legislation: carriage of dangerous goods by road regulations 1996, reg. 24. comments: the supervision requirements of the adr are not always feasible in a national context. expiry date: 30 june 2021 ro a uk 8 subject: easing of restrictions on transporting mixed loads of explosives, and explosives with other dangerous goods, in wagons, vehicles and containers (n4/5/6). reference to annex i, section i.1, to directive 2008/68/ec: 7.5.2.1 and 7.5.2.2. content of the annex to the directive: restrictions on certain types of mixed loading. content of the national legislation: national legislation is less restrictive regarding mixed loading of explosives, providing such carriage can be accomplished without risk. initial reference to the national legislation: carriage of dangerous goods by road regulations 1996, regulation 18. comments: the uk wishes to permit some variations on the rules for mixing explosives with other explosives and for explosives with other dangerous goods. any variation will have a quantity limitation on one or more constituent parts of the load and would only be permitted provided that all reasonably practicable measures have been taken to prevent the explosives being brought into contact with, or otherwise endangering or being endangered by, any such goods. examples of variations the uk may want to permit are: 1. explosives allocated on classification to un numbers 0029, 0030, 0042, 0065, 0081, 0082, 0104, 0241, 0255, 0267, 0283, 0289, 0290, 0331, 0332, 0360 or 0361 may be carried in the same vehicle with dangerous goods allocated on classification to un number 1942. the quantity of un 1942 permitted to be carried shall be limited by deeming it to be an explosive of 1.1d. 2. explosives allocated on classification to un numbers 0191, 0197, 0312, 0336, 0403, 0431 or 0453 may be carried in the same vehicle with dangerous goods (except flammable gases, infectious substances and toxic substances) in transport category 2 or dangerous goods in transport category 3, or any combination of them, provided the total mass or volume of dangerous goods in transport category 2 does not exceed 500 kg or l and the total net mass of such explosives does not exceed 500 kg. 3. explosives of 1.4g may be carried with flammable liquids and flammable gases in transport category 2 or non-flammable, non-toxic gases in transport category 3, or in any combination of them in the same vehicle, provided the total mass or volume of dangerous goods when added together does not exceed 200 kg or l and the total net mass of explosives does not exceed 20 kg. 4. explosive articles allocated on classification to un numbers 0106, 0107 or 0257 may be carried with explosive articles in compatibility group d, e or f for which they are components. the total quantity of explosives of un numbers 0106, 0107 or 0257 shall not exceed 20 kg. expiry date: 30 june 2021 ro a uk 9 subject: alternative to display of orange plates for small consignments of radioactive material in small vehicles. reference to annex i, section i.1, to directive 2008/68/ec: 5.3.2. content of the annex to the directive: requirement for orange plates to be displayed on small vehicles carrying radioactive material. content of the national legislation: permits any derogation approved under this process. the derogation requested is: vehicles must either: (a) be placarded according to the applicable provisions of adr paragraph 5.3.2; or (b) in the case of a vehicle carrying not more than ten packages containing non-fissile or fissile excepted radioactive material and where the sum of the transport indexes of these packages does not exceed 3, may alternatively carry a notice complying with the requirements laid down in national legislation. initial reference to the national legislation: the radioactive material (road transport) regulations 2002, regulation 5(4)(d). comments: expiry date: 30 june 2021 ro-a-uk-10 subject: transport of waste arising from care activities involving a risk of infection covered by un 3291 with a mass less than or equal to 15 kg. reference to annex i, section i.1, to directive 2008/68/ec: all provisions. content of national legislation: exemption from the requirements of annex i, section i.1 for the transport of waste arising from care activities involving a risk of infection covered by un 3291 with a mass less than or equal to 15 kg. initial reference to the national legislation: this derogation was initially issued under the carriage of dangerous goods and use of transportable pressure equipment regulations 2009 as amended. expiry date: 1 january 2023. based on article 6(2)(b)(i) of directive 2008/68/ec be belgium ro bi be 4 subject: transport of dangerous goods in tanks for elimination by incineration. reference to annex i, section i.1, to directive 2008/68/ec: 3.2. content of the national legislation: by derogation from the table in 3.2 it is permitted to use a tank-container with tank-code l4bh instead of tank-code l4dh for the carriage of water reactive liquid, toxic, iii, n.o.s. under certain conditions. initial reference to the national legislation: d rogation 01 2002. comments: this regulation may only be used for the short-distance transport of hazardous waste. expiry date: 30 june 2020 ro bi be 5 subject: carriage of waste to waste disposal plants. reference to annex i, section i.1, to directive 2008/68/ec: 5.2, 5.4, 6.1. content of the annex to the directive: classification, marking and requirements concerning the packaging. content of the national legislation: instead of classifying waste according to the adr, waste is assigned to different groups (flammable solvents, paints, acids, batteries, etc.) to avoid dangerous reactions within one group. the requirements for the manufacture of packaging are less restrictive. initial reference to the national legislation: arr t royal relatif au transport des marchandises dangereuses par route comments: this regulation may be used for the carriage of small quantities of waste to disposal plants. expiry date: 31 december 2022 ro bi be 6 subject: adoption of ro bi se 5 initial reference to the national legislation: derogation 01-2004 expiry date: 31 december 2022 ro bi be 7 subject: adoption of ro bi se 6 initial reference to the national legislation: derogation 02-2003 expiry date: 31 december 2022 ro bi be 8 subject: adoption of ro bi uk 2 initial reference to the national legislation: arr t royal relatif au transport des marchandises dangereuses par route expiry date: 31 december 2022 ro bi be 10 subject: transport in close proximity of industrial sites including transport on public road. reference to annex i, section i.1, to directive 2008/68/ec: annexes a and b. content of the annex to the directive: annexes a and b. content of the national legislation: the derogations concern the documentation, the driver's certificate, labelling and/or marking of packages. initial reference to the national legislation: derogations 10-2012, 12-2012, 24-2013, 31-2013, 07-2014, 08-2014, 09-2014 and 38-2014. expiry date: 31 december 2022 ro bi be 11 subject: collection of butane-propane cylinders without conforming labelling reference to annex i, section i.1, to directive 2008/68/ec: 5.2.2.1.1 content of the annex to the directive: gas cylinders need to have hazard labels affixed. content of the national legislation: during the collection of cylinders which contained un 1965, the missing hazard labels don't need to be replaced if the vehicle is correctly labelled (model 2.1) initial reference to the national legislation: derogation 14-2016 expiry date: 31 december 2022 ro bi be 12 subject: transport of un 3509 in sheeted bulk containers reference to annex i, section i.1, to directive 2008/68/ec: 7.3.2.1 content of the annex to the directive: un 3509 has to be carried in closed bulk containers content of the national legislation: un 3509 can be carried in sheeted bulk containers initial reference to the national legislation: derogation 15-2016 expiry date: 31 december 2022 ro bi be 13 subject: transport of dot cylinders reference to annex i, section i.1, to directive 2008/68/ec: 6.2.3.4 to 6.2.3.9 content of the annex to the directive: gas cylinders need to be manufactured and tested according to chapter 6.2 of adr content of the national legislation: gas cylinders constructed and tested according to the prescriptions of united states department of transportation (dot) can be used for transport of a limited list of gases annexed to the derogation initial reference to the national legislation: derogation bwv01-2017 expiry date: 31 december 2022 de germany ro bi de 1 subject: waiving of certain indications in the transport document (n2). reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1.1.1. content of the annex to the directive: contents of the transport document. content of the national legislation: for all classes except classes 1 (except 1.4s), 5.2 and 7: no indication needed in the transport document: (a) for the consignee in case of local distribution (except for full load and for transport with certain routings); (b) for the amount and types of packaging, if 1.1.3.6 is not applied and if the vehicle is in conformity with all the provisions of annex a and b; (c) for empty uncleaned tanks the transport document of the last load is sufficient. initial reference to the national legislation: gefahrgut-ausnahmeverordnung ggav 2002 vom 6.11.2002 (bgbl. i s. 4350); ausnahme 18. comments: applying all provisions would not be practicable as regards the kind of traffic concerned. derogation was registered by the commission as no 22 (under article 6(10) of directive 94/55/ec). expiry date: 30 june 2021 ro bi de 3 subject: transportation of packaged hazardous waste. reference to annex i, section i.1, to directive 2008/68/ec: 1 to 5. content of the annex to the directive: classification, packaging and marking. content of the national legislation: classes 2 to 6.1, 8 and 9: combined packaging and transportation of hazardous waste in packs and ibcs; waste must be packaged in internal packaging (as collected) and categorised in specific waste groups (avoidance of dangerous reactions within a waste group); use of special written instructions relating to the waste groups and as a waybill; collection of domestic and laboratory waste, etc. initial reference to the national legislation: gefahrgut-ausnahmeverordnung ggav 2002 vom 6.11.2002 (bgbl. i s. 4350); ausnahme 20. comments: list no 6*. expiry date: 30 june 2021 ro-bi-de-5 subject: local transport of un 3343 (nitroglycerine mixture, desensitised, liquid, flammable, not otherwise specified, with not more than 30 % nitroglycerine by mass) in tank-containers, derogating from sub-section 4.3.2.1.1 of annex i, section i.1 to directive 2008/68/ec. reference to annex i, section i.1 to directive 2008/68/ec: 3.2, 4.3.2.1.1. content of the annex to the directive: provisions on the use of tank-containers content of the national legal provisions: local transport of nitroglycerine (un 3343) in tank-containers, over short distances, subject to compliance with the following conditions: 1. requirements for the tank-containers 1.1. only tank-containers specifically authorised for this purpose may be used, which in other respects comply with the provisions on construction, equipment, authorisation of the construction model, tests, labelling and operation in chapter 6.8 of annex i, section i.1 to directive 2008/68/ec. 1.2. the tank-container's closing mechanism must have a pressure-release system which yields to an internal pressure of 300 kpa (3 bar) above normal pressure and in so doing frees an upward-facing opening with a pressure-release area of at least 135 cm2 (diameter 132 mm). the opening must not re-close after being activated. as a safety installation, one or more safety elements with the same activation behaviour and a corresponding pressure-release area can be used. the construction type of the safety installation must have successfully undergone type testing and type approval by the authority responsible. 2. labelling each tank-container is to be labelled on both sides with a danger label in accordance with model 3 in sub-section 5.2.2.2.2 of annex i, section i.1 to directive 2008/68/ec. 3. operating provisions 3.1. it must be ensured that during transport the nitroglycerine is evenly distributed in the phlegmatisation medium and no de-mixing can take place. 3.2. during loading and unloading it is not permitted to remain in or on a vehicle, except in order to operate the loading and unloading equipment. 3.3. at the place of unloading, the tank-containers are to be completely emptied. if they cannot be completely emptied, they are to be closed tight after unloading until they are filled again. original reference to national legal provisions: derogation north rhine-westphalia remarks: this concerns local transport in tank-containers by road over short distances as part of an industrial process between two fixed production locations. in order to manufacture a pharmaceutical product, production location a delivers as part of a rule-compliant transport in 600 l tank-containers a resin solution, flammable (un 1866), packaging group ii, to production location b. here a nitroglycerine solution is added and mixing takes place, producing a glue mixture containing nitroglycerine, desensitised, liquid, flammable, not otherwise specified, with not more than 30 % nitroglycerine by mass (un 3343) for further use. the return transport of this substance to production location a also takes place in the said tank-containers, which have been specially checked and approved by the relevant authority for this specific transport operation and bear the tank code l10dn. end of the period of validity: 30 june 2022 ro-bi-de-6 subject: adoption of ro bi se 6. initial reference to the national legislation: 1 absatz 3 nummer 1 der gefahrgutverordnung stra e, eisenbahn und binnenschifffahrt (ggvseb) expiry date: 30 june 2021 ro-bi-de-7 subject: adoption of ro-bi-be-10 initial reference to the national legislation: expiry date: 20 march 2021 dk denmark ro bi dk 1 subject: un 1202, 1203, 1223 and class 2 no transport document. reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1. content of the annex to the directive: transport document needed. content of the national legislation: when transporting mineral oil products in class 3, un 1202, 1203 and 1223 and gases in class 2 in connection with distribution (goods to be delivered to two or more recipients and collection of returned goods in similar situations), a transport document is not required provided the written instructions besides the information requested in the adr, contain information relating to the un-no, name and class. initial reference to the national legislation: bekendtg relse nr. 729 af 15.8.2001 om vejtransport af farligt gods. comments: the reason for having that national derogation is that the development of electronic equipment makes it possible for e.g. the oil companies using such equipment to transmit continuously to the vehicles information about the customers. as this information is not available at the beginning of the transport operation and will be forwarded to the vehicle during the transport journey, it is not possible before the transport begins to draw up the transport documents. these kinds of transport are restricted to limited areas. derogation for denmark for a similar provision under article 6(10) of directive 94/55/ec. expiry date: 30 june 2021 ro bi dk 2 subject: adoption of ro bi se 6 initial reference to the national legislation: bekendtg relse nr. 437 af 6. juni 2005 om vejtransport af farligt gods, as amended. expiry date: 30 june 2021 ro bi dk 3 subject: adoption of ro bi uk 1 initial reference to the national legislation: bekendtg relse nr. 437 af 6. juni 2005 om vejtransport af farligt gods, as amended. expiry date: 30 june 2021 ro bi dk 4 subject: road transport of dangerous goods of certain classes from private households and enterprises to nearby waste collecting points or intermediate processing facilities for the purpose of disposal. reference to annex i, section i.1, to directive 2008/68/ec: parts 1 to 9 content of the annex to the directive: general provisions, classification provisions, special provisions, packing provisions, consignment procedures, requirements for the construction and testing of packagings, provisions concerning the conditions of carriage, loading, unloading and handling, requirements for vehicle crews, equipment, operation and documentation and requirements concerning the construction and approval of vehicles. content of the national legislation: dangerous goods from private households and enterprises may under certain conditions be carried to nearby waste collecting points or intermediate processing facilities for the purpose of disposal. different provisions shall be complied with depending on the character and risks related to the transport; such as the quantity of dangerous goods per inner packaging, per outer packaging and/or per transport unit, and whether carriage of dangerous goods is ancillary to the main activity of the enterprises or not. initial reference to the national legislation: bekendtg relse nr. 818 af 28. juni 2011 om vejtransport af farligt gods 4, stk. 3. comments: it is not possible for waste managers and enterprises to apply all provisions of annex i, section i.1 to directive 2008/68/ec when wastes that may contain residues of dangerous goods are carried from private households and/or enterprises to nearby waste collecting points for the purpose of disposal. the waste is typically packagings that have been originally carried according to the exemption of sub-section 1.1.3.1 (c) of annex i, section i.1 to directive 2008/68/ec and/or sold in retail. however, exemption 1.1.3.1 (c) does not apply to carriage to waste collecting points, and provisions of chapter 3.4 of annex i, section i.1 to directive 2008/68/ec are not appropriate for carriage of waste inner packagings. expiry date: 1 january 2019 el greece ro bi el 1 subject: derogation from the safety requirements for fixed tanks (tank-vehicles) with a gross mass of less than 4 t used for the local transport of gas oil (un 1202), first registered in greece between 1 january 1991 and 31 december 2002. reference to annex i, section i.1, to directive 2008/68/ec: 1.6.3.6, 6.8.2.4.2, 6.8.2.4.3, 6.8.2.4.4, 6.8.2.4.5, 6.8.2.1.17-6.8.2.1.22, 6.8.2.1.28, 6.8.2.2, 6.8.2.2.1, 6.8.2.2.2. content of the annex to the directive: requirements for construction, equipment, type approval, inspections and tests, and marking of fixed tanks (tank-vehicles), removable tanks and tank containers and tank swap bodies, with shells made of metallic materials, and battery-vehicles and megcs. content of the national legislation: transitional provision: fixed tanks (tank-vehicles) with a gross mass of less than 4 t used for the local transport of gas oil only (un 1202), first registered in greece between 1 january 1991 and 31 december 2002 whose shell thickness is less than 3 mm, may still be used. it is intended to cover local transport for vehicles registered during that period. this transitional provision will be in force for tank vehicles only if they are transformed according to 6.8.2.1.20 and adapted according to: 1. paragraphs of the adr for inspection and tests: 6.8.2.4.2, 6.8.2.4.3, 6.8.2.4.4, 6.8.2.4.5 2. tanks shall fulfil the requirements of 6.8.2.1.28, 6.8.2.2.1 and 6.8.2.2.2. initial reference to the national legislation: ' , ' ' ' ( - ' ), ' (requirements for construction, equipment, inspections and tests of fixed tanks (tank-vehicles) and removable tanks in circulation, for some categories of dangerous goods). expiry date: 30 june 2019 es spain ro bi es 2 subject: special equipment for distribution of anhydrous ammonia. reference to annex i, section i.1, to directive 2008/68/ec: 6.8.2.2.2. content of the annex to the directive: in order to avoid any loss of contents in the event of damage to the external fittings (pipes, lateral shut-off devices), the internal stop valve and its seating must be protected against the danger of being wrenched off by external stresses or be so designed as to resist such stresses. the filling and discharge devices (including flanges or threaded plugs) and protective caps (if any) must be capable of being secured against any unintended opening. content of the national legislation: tanks used for agricultural purposes for the distribution and application of anhydrous ammonia which were brought into service before 1 january 1997 may be equipped with external, instead of internal, safety fittings, provided they offer protection at least equivalent to the protection provided by the wall of the tank. initial reference to the national legislation: real decreto 97/2014. anejo 1. apartado 3. comments: before 1 january 1997 a type of tank equipped with external safety fittings was used exclusively in agriculture to apply anhydrous ammonia directly onto the land. various tanks of this kind are still in use today. they are rarely driven, laden, on the road, but are used solely for fertiliser on large farms. expiry date: 28 february 2022 fi finland ro bi fi 1 subject: modification of information in the transport document for explosive substances. legal basis: directive 2008/68/ec, article 6(2)(a) reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1.2.1(a) content of the annex to the directive: special provisions for class 1. content of the national legislation: in the transport document it is permissible to use the number of detonators (1 000 detonators correspond to 1 kg explosives) instead of the actual net mass of explosive substances. initial reference to the national legislation: finnish transport safety agency regulation on the transport of dangerous goods by road comments: the information is considered sufficient for national transport. this derogation is used mainly for the blasting industry in respect of small amounts transported locally. expiry date: 30 june 2021 ro bi fi 3 subject: adoption of ro bi de 1 initial reference to the national legislation: expiry date: 28 february 2022 ro-bi-fi-4 subject: adoption of ro-bi-se-6 initial reference to the national legislation: government decree on a driving certificate for drivers of vehicles carrying dangerous goods (401/2011) expiry date: 30 june 2021 fr france ro bi fr 1 subject: utilisation of maritime document as transport document for short-distance trips following unloading of vessel. reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1 content of the annex to the directive: information to appear in the document used as transport document for hazardous goods. content of the national legislation: the maritime document is used as transport document within a radius of 15 km. initial reference to the national legislation: arr t du 1er juin 2001 relatif au transport des marchandises dangereuses par route article 23-4. expiry date: 30 june 2021 ro bi fr 3 subject: transport of fixed lpg storage tanks (18). reference to annex i, section i.1, to directive 2008/68/ec: annexes a and b. content of the national legislation: the transport of fixed lpg storage tanks is subject to specific rules. applicable only to short distances. initial reference to the national legislation: arr t du 1er juin 2001 relatif au transport des marchandises dangereuses par route article 30. expiry date: 30 june 2021 ro-bi-fr-4 subject: adoption of ro-bi-uk-2 initial reference to the national legislation: arr t du 29 mai 2009 modifi relatif aux transports de marchandises dangereuses par voies terrestres. expiry date: 30 january 2022 ro bi fr 5 subject: adoption of ro-bi-be-5 initial reference to the national legislation: - expiry date: 30 june 2024 ro bi fr 6 subject: transport of waste containing free asbestos reference to annex i, section i.1, to directive 2008/68/ec: 4.1.4 content of the annex to the directive: packing instruction p002 content of the national legislation: transport of waste containing free asbestos (un no 2212 asbestos, amphibole (amosite, tremolite, actinolite, anthophyllite, crocidolite) or un no 2590 asbestos, chrysotile) from construction sites: the waste is transported in tipper lorries; the waste is packaged in large container bags folding bags of the dimensions of the tipper bed that are closed tight so as to prevent asbestos fibres escaping during transport; the container bags are designed to withstand the stresses encountered under normal transport conditions and during unloading at the landfill site; the other conditions that apply under the adr are fulfilled. these transport conditions appear particularly suited to the transport of large quantities of waste produced by roadworks or asbestos removal from buildings. the conditions are also suited to the final storage of the waste at approved landfill sites and offer greater ease of loading and therefore better protection of workers from the asbestos compared with the conditions applicable under the p002 packing instruction in chapter 4.1.4 of the adr. initial reference to the national legislation: -. expiry date: 30 june 2024 hu hungary ro bi-hu--1 subject: adoption of ro-bi-se-3 initial reference to the national legislation: a nemzeti fejleszt si miniszter rendelete az adr meg llapod s a s b mell klet nek belf ldi alkalmaz s r l expiry date: 30 january 2020 ie ireland ro bi ie 3 subject: exemption to allow the loading and unloading of dangerous goods, to which the special provision cv1 in 7.5.11 or s1 in 8.5 is assigned, in a public place without special permission from the competent authorities. reference to annex i, section i.1, to directive 2008/68/ec: 7.5 and 8.5. content of the annex to the directive: additional provisions concerning loading, unloading and handling. content of the national legislation: loading and unloading of dangerous goods in a public place is permitted without special permission from the competent authority, in derogation from the requirements of 7.5.11 or 8.5. initial reference to the national legislation: regulation 82(5) of the carriage of dangerous goods by road regulations, 2004. comments: for national transport within the state, this provision places a very onerous burden on the competent authorities. expiry date: 30 june 2021 ro bi ie 6 subject: exemption from requirement in 4.3.4.2.2, which requires flexible filling and discharge pipes that are not permanently connected to the shell of a tank-vehicle to be empty during transport. reference to annex i, section i.1, to directive 2008/68/ec: 4.3 content of the annex to the directive: use of tank-vehicles. content of the national legislation: flexible hose reels (including fixed pipelines associated with them) attached to tank-vehicles engaged in the retail distribution of petroleum products with substance identification numbers un 1011, un 1202, un 1223, un 1863 and un 1978 are not required to be empty during carriage by road, provided adequate measures are taken to prevent any loss of contents. initial reference to the national legislation: regulation 82(8) of the carriage of dangerous goods by road regulations, 2004. comments: flexible hoses fitted to home delivery tank-vehicles must remain full at all times even during transport. the discharge system is known as a wet-line system that requires the tank-vehicle's meter and hose to be primed so as to ensure the customer receives the correct quantity of product. expiry date: 30 june 2021 ro bi ie 7 subject: exemption from some requirements of 5.4.0, 5.4.1.1.1 and 7.5.11 of the adr for the transport in bulk of ammonium nitrate fertilizer un 2067 from ports to consignees. reference to annex i, section i.1, to directive 2008/68/ec: 5.4.0, 5.4.1.1.1 and 7.5.11. content of the annex to the directive: the requirement for a separate transport document, with the correct total quantity for the particular load included, for each transport journey; and the requirement for the vehicle to be cleaned before and after the journey. content of the national legislation: proposed derogation to allow modifications to the requirements of the adr on the transport document and vehicle cleaning; to take account of the practicalities of bulk transport from port to consignee. initial reference to the national legislation: proposed amendment to carriage of dangerous goods by road regulations, 2004. comments: the provisions of the adr require (a) a separate transport document, containing the total mass of dangerous goods carried for the particular load, and (b) the special provision cv24 on cleaning for each and every load being transported between the port and the consignee during the unloading of a bulk ship. as the transport is local and as it concerns the unloading of a bulk ship, involving multiple transport loads (on the same or consecutive days) of the same substance between the bulk ship and the consignee, a single transport document, with an approximate total mass of each load, should suffice and it should not be necessary to require the special provision cv24. expiry date: 30 june 2021 ro-bi-ie-8 subject: transport of dangerous goods between private premises and another vehicle in the immediate vicinity of the premises, or between two parts of private premises situated in the immediate vicinity of each other but separated by a public road. reference to the annex of the directive: annex i, section 1.1, to directive 2008/68/ec: annexes a and b. content of the annex to the directive: requirements for the carriage of dangerous goods by road. content of the national legislation: disapplication of the regulations where a vehicle is being used to transfer dangerous goods (a) between private premises and another vehicle in the immediate vicinity of those premises, or (b) between two parts of private premises in the immediate vicinity of each other but which may be separated by a public road, provided that the transport is carried out by means of the most direct route. initial reference to the national legislation: european communities (carriage of dangerous goods by road and use of transportable pressure equipment) regulations 2011 and 2013, regulation 56. comments: various situations can occur where goods are transferred between two parts of private premises or between private premises and an associated vehicle which are separated by a public road. this form of transport does not constitute the carriage of dangerous goods in the usual sense, and thus the regulations pertaining to the carriage of dangerous goods do not need to be applied. see also ro-bi-se-3 and ro-bi-uk-1. expiry date: 30 january 2020 nl the netherlands ro bi nl 13 subject: scheme for transport of domestic hazardous waste 2015 reference to annex i, section i.1, to directive 2008/68/ec: 1.1.3.6, 3.3, 4.1.4, 4.1.6, 4.1.8, 4.1.10, 5.1.2, 5.4.0, 5.4.1, 5.4.3, 6.1, 7.5.4, 7.5.7, 7.5.9, 8 and 9. content of the annex to the directive: exemptions for certain quantities; special provisions; use of packaging; use of over-packaging; documentation; construction and testing of packaging; loading, unloading and handling; manning; equipment; operation; vehicles and documentation; construction and approval of vehicles. content of the national legislation: provisions relating to the transport of small collected domestic hazardous waste as well as domestic hazardous waste from businesses, which is supplied in appropriate packaging with a maximum capacity of 60 litres. given the small quantities involved in each instance and given the diverse nature of the various substances, it is not possible to conduct the transport operations in total compliance with adr rules. accordingly, a simplified variant deviating from a number of provisions in the adr is therefore stipulated under the abovementioned scheme. initial reference to the national legislation: scheme for transport of domestic hazardous waste 2015. comments: the scheme was set up to enable individuals and businesses to deposit small chemical waste at a single location. the substances in question therefore consist of residues such as paint waste. the danger level is minimised by the choice of means of transport, involving, inter alia, the use of special transport elements and no smoking notices plus a yellow flashing light clearly visible to members of the public. the crucial point as far as transport is concerned is that safety is guaranteed. this can be achieved by, for instance, having the substances transported in sealed packagings so as to avoid dispersal, or the risk of toxic vapours leaking or accumulating in the vehicle. incorporated in the vehicle are units suitable for storing the various categories of waste and providing protection against shunting and accidental displacement as well as inadvertent opening. at the same time, notwithstanding the small quantities of waste presented, the transport operator must have a certificate of professional competence, given the diverse nature of the substances involved. because of the lack of knowledge on the part of private individuals regarding the danger levels associated with these substances, written instructions should be provided, as stipulated in the annex to the scheme. expiry date: 30 june 2021 pt portugal ro bi pt 1 subject: transport documentation for un 1965 reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1. content of the annex to the directive: requirements for transport documentation. content of the national legislation: the proper shipping name to be indicated in the transport document, as provided for in section 5.4.1 of the rpe (regulamento nacional de transporte de mercadorias perigosas por estrada), for commercial butane and propane gases covered by the collective heading un no 1965 hydrocarbon gas mixture, liquefied, n.o.s., transported in cylinders, may be replaced by other trade names as follows: un 1965 butane in the case of mixtures a, a01, a02 and a0, as described in subsection 2.2.2.3 of the rpe, transported in cylinders; un 1965 propane in the case of mixture c, as described in subsection 2.2.2.3 of the rpe, transported in cylinders. initial reference to the national legislation: despacho dgtt 7560/2004, 16 april 2004, under article 5, no 1, of decreto-lei no 267-a/2003 of 27 october. comments: the importance of making it easier for economic operators to fill in transport documents for dangerous goods is recognised, provided that the safety of these operations is not affected. expiry date: 30 june 2021 ro bi pt 2 subject: transport documentation for empty uncleaned tanks and containers. reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1. content of the annex to the directive: requirements for transport documentation content of the national legislation: for the return journeys of empty tanks and containers that have transported dangerous goods, the transport document referred to in section 5.4.1 of the rpe may be replaced by the transport document issued for the immediately preceding journey made to deliver the goods. initial reference to the national legislation: despacho dgtt 15162/2004, 28 july 2004, under article 5, no 1, of decreto-lei no 267-a/2003, of 27 october. comments: the obligation that the transport of empty tanks and containers that have contained dangerous goods be accompanied by a transport document in accordance with the rpe causes, in certain cases, practical difficulties, which can be kept to the minimum without prejudice to safety. expiry date: 30 june 2021 se sweden ro bi se 1 subject: carriage of hazardous waste to hazardous waste disposal plants. reference to annex i, section i.1 to directive 2008/68/ec: part 5 and 6 content of the annex to the directive: requirements for construction and testing of packages. content of the national legislation: carriage of packagings containing dangerous goods as waste shall be carried out in accordance with the provisions of adr from which only a few exemptions are allowed. exemptions are not permitted for all types of substances and articles. the main exemptions are: small packagings (less than 30 kg) of dangerous goods as waste may be packed in packagings, including ibcs and large packagings, without complying with the provisions of sub-sections 6.1.5.2.1, 6.1.5.8.2, 6.5.6.1.2, 6.5.6.14.2, 6.6.5.2.1 and 6.6.5.4.3 of annex i, section i.1 to this directive. packagings, including ibcs and large packagings need not be tested as prepared for carriage with a representative sample of small inner packages. this is permitted provided that: packagings, ibcs and large packagings conform to a type which has been tested and approved according to packing group i or ii of the applicable provisions of sections 6.1, 6.5 or 6.6 of annex i, section i.1 to this directive; the small packagings are packed with absorbent material that retains any free liquid that might escape into the outer packagings, ibcs or large packagings during carriage; and the packagings, ibcs or large packagings as prepared for carriage have a gross mass of no more than the permitted gross mass stated on the un design type marking for packing groups i or ii for the packagings, ibcs or large packagings; and the following sentence is included in the transport document packed according to part 16 of adr-s initial reference to the national legislation: appendix s specific regulations for the domestic transport of dangerous goods by road issued in accordance with the transport of dangerous goods act. comments: sub-sections 6.1.5.2.1, 6.1.5.8.2, 6.5.6.1.2, 6.5.6.14.2, 6.6.5.2.1 and 6.6.5.4.3 of annex i, section i.1 to this directive are difficult to apply because the packagings, ibcs and large packagings shall be tested with a representative sample of the waste, which is hard to predict on beforehand. expiry date: 30 june 2021 ro bi se 2 subject: the name and address of the consignor in the transport document. reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1.1. content of the annex to the directive: general information required in the transport document. content of the national legislation: national legislation states that the name and address of the consignor is not required if empty, uncleaned packaging is returned as part of a distribution system. initial reference to the national legislation: s rskilda best mmelser om vissa inrikes transporter av farligt gods p v g och i terr ng. comments: empty uncleaned packaging being returned will in most cases still contain small quantities of dangerous goods. this derogation is mainly used by industries when returning empty uncleaned gas receptacles in exchange for full ones. expiry date: 30 june 2021 ro bi se 3 subject: transport of dangerous goods in the close proximity of industrial site(s), including transport on public roads between various parts of the site(s). reference to annex i, section i.1, to directive 2008/68/ec: annexes a and b. content of the annex to the directive: requirements for the transport of dangerous goods on public roads. content of the national legislation: transport in the close proximity of industrial site(s), including transport on public roads between various parts of the site(s). the derogations concern the labelling and marking of packages, transport documents, driver's certificate and certificate of approval according to 9. initial reference to the national legislation: s rskilda best mmelser om vissa inrikes transporter av farligt gods p v g och i terr ng. comments: there are several situations in which dangerous goods are transferred between premises situated on opposite sides of a public road. this form of transport does not constitute carriage of dangerous goods on a private road and should therefore be associated with the relevant requirements. compare also with article 6(14) of directive 96/49/ec. expiry date: 30 june 2021 ro bi se 4 subject: transport of dangerous goods that have been seized by the authorities. reference to annex i, section i.1, to directive 2008/68/ec: annex a and b. content of the annex to the directive: requirements for the transport of dangerous goods by road. content of the national legislation: deviations from the regulations may be permitted if they are motivated by reasons of labour protection, unloading risks, submission of evidence etc. deviations from the regulations are permitted only if satisfactory safety levels are met during normal conditions of carriage. initial reference to the national legislation: s rskilda best mmelser om vissa inrikes transporter av farligt gods p v g och i terr ng. comments: these derogations may be applied only by authorities seizing dangerous goods. this derogation is intended for local transport e.g. of goods that have been seized by the police, such as explosives or stolen property. the problem with these types of goods is that one can never be sure of classifications. in addition, the goods are often not packed, marked or labelled in accordance with the adr. there are several hundred such transportations carried out by the police every year. in the case of smuggled liquor, this must be transported from the place where it is seized to a facility where evidence is stored and then on to a facility for destruction; the latter two may be quite far apart from each other. the deviations permitted are: a) each package does not need to be labelled, and b) approved packages do not need to be used. however, each pallet containing such packages must be correctly labelled. all other requirements must be fulfilled. there are approximately 20 such transportations each year. expiry date: 30 june 2021 ro bi se 5 subject: transport of dangerous goods in and in close proximity to ports. reference to annex i, section i.1, to directive 2008/68/ec: 8.1.2, 8.1.5, 9.1.2 content of the annex to the directive: documents to be carried on the transport unit; every transport unit carrying dangerous goods must be equipped with the specified equipment; vehicle approval. content of the national legislation: documents (except for the driver's certificate) need not be carried on the transport unit. a transport unit need not be equipped with the equipment specified in 8.1.5. tractors need not have a certificate of approval. initial reference to the national legislation: s rskilda best mmelser om vissa inrikes transporter av farligt gods p v g och i terr ng. comments: compare directive 96/49/ec, article 6(14). expiry date: 30 june 2021 ro bi se 6 subject: inspectors' adr training certificate. reference to annex i, section i.1, to directive 2008/68/ec: 8.2.1. content of the annex to the directive: drivers of vehicles must attend training courses. content of the national legislation: inspectors who perform the yearly technical inspection of the vehicle do not need to attend the training courses mentioned in 8.2 or hold the adr training certificate. initial reference to the national legislation: s rskilda best mmelser om vissa inrikes transporter av farligt gods p v g och i terr ng. comments: in some cases, vehicles being tested in the technical inspection may be carrying dangerous goods as load, e.g. uncleaned, empty tanks. the requirements in 1.3 and 8.2.3 are still applicable. expiry date: 30 june 2021 ro bi se 7 subject: local distribution of un 1202, 1203 and 1223 in tankers. reference to annex i, section i.1, to directive 2008/68/ec: 5.4.1.1.6, 5.4.1.4.1. content of the annex to the directive: for empty uncleaned tanks and tank-containers the description shall be in accordance with 5.4.1.1.6. the name and address of multiple consignees may be entered in other documents. content of the national legislation: for empty, uncleaned tanks or tank-containers the description in the transport document according to 5.4.1.1.6 is not needed if the amount of the substance in the loading plan is marked with 0. the name and address of the consignees are not required in any document on board the vehicle. initial reference to the national legislation: s rskilda best mmelser om vissa inrikes transporter av farligt gods p v g och i terr ng. expiry date: 30 june 2021 ro bi se 9 subject: local transport in relation to agricultural sites or construction sites. reference to annex i, section i.1, to directive 2008/68/ec: 5.4, 6.8 and 9.1.2. content of the annex to the directive: transport document; construction of tanks; certificate of approval. content of the national legislation: local transport in relation to agricultural sites or construction sites need not comply with some regulations: (a) the dangerous goods declaration is not required; (b) older tanks/containers not constructed according to 6.8 but according to older national legislation and fitted on crew wagons may still be used; (c) older tankers, not fulfilling the requirements in 6.7 or 6.8, intended for the transport of substances of un 1268, 1999, 3256 and 3257, with or without road surface coating equipment, may still be used for local transport and in close proximity to road work places; (d) certificates of approval for crew wagons and tankers with or without road surface coating equipment are not required. initial reference to the national legislation: s rskilda best mmelser om vissa inrikes transporter av farligt gods p v g och i terr ng. comments: a crew wagon is a kind of caravan for a work crew with a crew room and fitted with a non-approved tank/container for diesel fuel intended for the operation of forestry tractors. expiry date: 30 june 2021 ro bi se 10 subject: tank transport of explosives. reference to annex i, section i.1, to directive 2008/68/ec: 4.1.4. content of the annex to the directive: explosives may be packaged only in accordance with 4.1.4. content of the national legislation: the competent national authority will approve vehicles intended for tank transport of explosives. tank transport is permissible only for those explosives listed in the regulation or by special authorisation from the competent authority. a vehicle loaded with explosives in tanks must be marked and labelled in accordance with 5.3.2.1.1, 5.3.1.1.2 and 5.3.1.4. only one vehicle in the transport unit may contain dangerous goods. initial reference to the national legislation: appendix s specific regulations for the domestic transport of dangerous goods by road issued in accordance with the transport of dangerous goods act and the swedish regulation s ifs 1993:4. comments: this is applicable only to domestic transport and when the transport operation is mostly of a local nature. the regulations in question were in force before sweden joined the european union. only two companies perform transport operations with explosives in tank-vehicles. in the near future transition to emulsions is expected. old derogation no 84. expiry date: 30 june 2021 ro bi se 11 subject: driver's licence reference to annex i, section i.1, to directive 2008/68/ec: 8.2. content of the annex to the directive: requirements concerning the training of the vehicle crew. content of the national legislation: driver training is not permitted with any vehicle referred to in 8.2.1.1. initial reference to the national legislation: appendix s specific regulations for the domestic transport of dangerous goods by road issued in accordance with the transport of dangerous goods act. comments: local transport. expiry date: 30 june 2021 ro bi se 12 subject: carriage of un 0335 fireworks. reference to annex i, section i.1, to directive 2008/68/ec: annex b, 7.2.4, v2 (1) content of the annex to the directive: provisions for the use of ex/ii and ex/iii vehicles. content of the national legislation: when carrying un 0335 fireworks, special provision v2 (1) in 7.2.4 is applicable only to a net explosive content of more than 3 000 kg (4 000 kg with trailer), provided the fireworks have been assigned to un 0335 according to the default fireworks classification table in 2.1.3.5.5 of the fourteenth revised edition of the un recommendations on the transport of dangerous goods. such assignment shall be made with the agreement of the competent authority. a verification of the assignment shall be carried on the transport unit. initial reference to the national legislation: appendix s specific regulations for the domestic transport of dangerous goods by road issued in accordance with the transport of dangerous goods act. comments: the carriage of fireworks is limited in time to two short periods of the year, the turn of the year and the turn of the month april/may. the carriage from consignors to terminals can be effected by the present fleet of ex-approved vehicles without great problems. however, the distribution both of fireworks from terminals to shopping areas and of the surplus back to the terminal is limited due to a lack of ex-approved vehicles. the carriers are not interested in investing in such approvals because they cannot recover their costs. this places the whole existence of consignors of fireworks in jeopardy because they cannot get their products on the market. when using this derogation, the classification of the fireworks must be made on the basis of the default list in the un recommendations, in order to get the most up-to-date classification possible. a similar type of exception exists for un 0336 fireworks incorporated in special provision 651, 3.3.1 of the adr 2005. expiry date: 30 june 2021 ro-bi-se-13 subject: adoption of ro-bi-dk-4 legal basis: directive 2008/68/ec, article 6(2)(b)(i) (local transport over short distances) reference to the annex i, section n i,1 to directive 2008/68/ec: parts 1 to 9. content of the annex to the directive: reference to national legislation: s rskilda best mmelser om visa inrikes transporter av farligt gods p v g och i terr ng. comments: expiry date: 30 june 2022 uk united kingdom ro bi uk 1 subject: crossing of public roads by vehicles carrying dangerous goods (n8). reference to annex i, section i.1, to directive 2008/68/ec: annexes a and b. content of the annex to the directive: requirements for the carriage of dangerous goods on public roads. content of the national legislation: disapplication of the dangerous goods regulations to carriage within private premises separated by a road. for class 7 this derogation does not apply to any provisions of the radioactive material (road transport) regulations 2002. initial reference to the national legislation: carriage of dangerous goods by road regulations 1996, reg. 3 schedule 2(3)(b); carriage of explosives by road regulations 1996, reg. 3(3)(b). comments: a situation can easily occur where goods are transferred between private premises situated on both sides of a road. this does not constitute carriage of dangerous goods on a public road in the normal sense of the term, and none of the provisions of the dangerous goods regulations should apply in such a case. expiry date: 30 june 2021 ro bi uk 2 subject: exemption from prohibition on driver or driver's assistant opening packages of dangerous goods in a local distribution chain from a local distribution depot to a retailer or end user and from the retailer to the end user (except for class 7) (n11). reference to annex i, section i.1, to directive 2008/68/ec: 8.3.3. content of the annex to the directive: prohibition on driver or driver's assistant opening packages of dangerous goods. content of the national legislation: prohibition of opening packages is qualified by the proviso unless authorised to do so by the operator of the vehicle. initial reference to the national legislation: carriage of dangerous goods by road regulations 1996, reg. 12 (3). comments: if taken literally, the prohibition in the annex as worded can create serious problems for retail distribution. expiry date: 30 june 2021 ro bi uk 3 subject: alternative carriage provisions for wooden casks containing un 3065 of packing group iii. reference to annex i, section i.1, to directive 2008/68/ec: 1.4, 4.1, 5.2 and 5.3. content of the annex to the directive: packaging and labelling requirements. content of the national legislation: permits the carriage of alcoholic beverages of more than 24 %, but not more than 70 % alcohol by volume (packing group iii) in non un approved wooden casks without danger labels, subject to more stringent loading and vehicle requirements. initial reference to the national legislation: the carriage of dangerous goods and use of transportable pressure equipment regulations 2004: regulation 7 (13) and (14). comments: this is a high-value product subject to government excise duty which must be moved between the distillery and bonded warehouses in secure sealed vehicles bearing government duty seals. the relaxation on packaging and labelling is taken into account in the additional requirements to ensure safety. expiry date: 30 june 2021 ro bi uk 4 subject: adoption of ro bi se 12 initial reference to the national legislation: the carriage of dangerous goods and use of transportable pressure equipment regulations 2007 part 1. expiry date: 30 june 2021 ro bi uk 5 subject: collection of used batteries for disposal or recycling. reference to annex i, section i.1, to directive 2008/68/ec: annexes a and b. content of the annex to the directive: special provision 636 content of the national legislation: permits the following alternative conditions for special provision 636 of chapter 3.3: used lithium cells and batteries (un 3090 and un 3091) collected and presented for carriage for disposal between the consumer collecting point and the intermediate processing facility, together with other non-lithium cells or batteries (un 2800 and un 3028), are not subject to the other provisions of adr if they meet the following conditions: they shall be packed in ih2 drums or 4h2 boxes conforming to the packing group ii performance level for solids; not more than 5 % of each package shall be lithium and lithium ion batteries; the maximum gross mass of each package shall not exceed 25 kg; the total quantity of packages per transport unit shall not exceed 333 kg; no other dangerous goods may be carried. initial reference to the national legislation: the carriage of dangerous goods and use of transportable pressure equipment 2007 part 1. comments: consumer collection points are usually in retail outlets and it is not practical to train large numbers of people to sort and package used batteries in accordance with adr. the uk system would operate under guidelines set by the uk waste and resources action programme and would involve the supplying of suitable adr compliant packaging and appropriate instructions. expiry date: 30 june 2021; (2) in annex ii, section ii.3 is replaced by the following: ii.3. national derogations derogations for member states for the transport of dangerous goods within their territory on the basis of article 6(2) of directive 2008/68/ec. numbering of derogations: ra-a/bi/bii-ms-nn ra = rail a/bi/bii = article 6(2) a/bi/bii ms = abbreviation of member state nn = order number based on article 6(2)(a) of directive 2008/68/ec de germany ra a de 2 subject: combined packaging authorisation. reference to annex ii, section ii.1, to directive 2008/68/ec: 4.1.10.4 mp2. content of the annex to the directive: prohibition of combined packaging. content of the national legislation: class 1.4s, 2, 3 and 6.1; authorisation of combined packaging of objects in class 1.4s (cartridges for small weapons), aerosols (class 2) and cleaning and treatment materials in class 3 and 6.1 (un numbers listed) as sets to be sold in combined packaging in packaging group ii and in small quantities. initial reference to the national legislation: gefahrgut-ausnahmeverordnung ggav 2002 vom 6.11.2002 (bgbl. i s. 4350); ausnahme 21. comments: list no 30*, 30a, 30b, 30c, 30d, 30e, 30f, 30g. expiry date: 30 june 2021 fr france ra a fr 3 subject: transport for the needs of the rail carrier. reference to annex ii, section ii.1, to directive 2008/68/ec: 5.4.1. content of the annex to the directive: information concerning hazardous materials to be indicated on the consignment note. content of the national legislation: transport for the needs of the rail carrier of quantities not exceeding the limits set in 1.1.3.6 is not subject to the load declaration obligation. initial reference to the national legislation: arr t du 5 juin 2001 relatif au transport des marchandises dangereuses par chemin de fer article 20.2. expiry date: 30 june 2021 ra a fr 4 subject: exemption from the labelling of certain mail wagons. reference to annex ii, section ii.1, to directive 2008/68/ec: 5.3.1. content of the annex to the directive: obligation to affix labels on the walls of wagons. content of the national legislation: only mail wagons carrying over 3 tonnes of a material in the same class (other than 1, 6.2 or 7) must be labelled. initial reference to the national legislation: arr t du 5 juin 2001 relatif au transport des marchandises dangereuses par chemin de fer article 21.1. expiry date: 30 june 2021 se sweden ra a se 1 subject: a railway carriage carrying dangerous goods, as express goods, need not be marked with labels. reference to annex ii, section ii.1, to directive 2008/68/ec: 5.3.1. content of the annex to the directive: railway carriages carrying dangerous goods must display labels. content of the national legislation: a railway carriage carrying dangerous goods, as express goods, need not be marked with labels. initial reference to the national legislation: s rskilda best mmelser om vissa inrikes transporter av farligt gods p v g och i terr ng. comments: there are quantity limits in the rid for goods designated as express goods. therefore it is a small quantity issue. expiry date: 30 june 2021 uk united kingdom ra a uk 1 subject: carriage of items containing certain low-hazard radioactive material such as clocks, watches, smoke detectors, compass dials. reference to annex ii, section ii.1, to directive 2008/68/ec: most requirements of the rid. content of the annex to the directive: requirements concerning the carriage of class 7 material. content of the national legislation: total exemption from the provisions of the national regulations for certain commercial products containing limited quantities of radioactive material. initial reference to the national legislation: packaging, labelling and carriage of radioactive material by rail regulations 1996, reg. 2(6) (as amended by schedule 5 of the carriage of dangerous goods (amendment) regulations 1999). comments: this derogation is a short-term measure, which will no longer be required when similar amendments to the iaea regulations are incorporated into the rid. expiry date: 30 june 2021 ra a uk 2 subject: easing of restrictions on transporting mixed loads of explosives, and explosives with other dangerous goods, in wagons, vehicles and containers (n4/5/6). reference to annex ii, section ii.1, to directive 2008/68/ec: 7.5.2.1 and 7.5.2.2. content of the annex to the directive: restrictions on certain types of mixed loading. content of the national legislation: national legislation is less restrictive regarding mixed loading of explosives, providing such carriage can be accomplished without risk. initial reference to the national legislation: packaging, labelling and carriage of radioactive material by rail regulations 1996, reg. 2(6) (as amended by schedule 5 of the carriage of dangerous goods (amendment) regulations 1999). comments: the uk wishes to permit some variations on the mixing rules for explosives with other explosives and for explosives with other dangerous goods. any variation will have a quantity limitation on one or more constituent parts of the load and would be permitted only if all reasonably practicable measures have been taken to prevent the explosives being brought into contact with, or otherwise endangering or being endangered by, any such goods. examples of variations the uk may want to permit are: 1. explosives allocated on classification to un numbers 0029, 0030, 0042, 0065, 0081, 0082, 0104, 0241, 0255, 0267, 0283, 0289, 0290, 0331, 0332, 0360 or 0361 may be carried in the same vehicle with the dangerous goods allocated on classification un number 1942. the quantity of un 1942 that may be carried shall be limited by deeming it to be an explosive of 1.1d. 2. explosives allocated on classification to un numbers 0191, 0197, 0312, 0336, 0403, 0431 or 0453 may be carried in the same vehicle with dangerous goods (except flammable gases, infectious substances and toxic substances) in transport category 2 or dangerous goods in transport category 3, or any combination of them, provided the total mass or volume of dangerous goods in transport category 2 does not exceed 500 kg or l and the total net mass of such explosives does not exceed 500 kg. 3. explosives of 1,4g may be carried with flammable liquids and flammable gases in transport category 2 or non-flammable, non-toxic gases in transport category 3, or in any combination of them in the same vehicle, provided the total mass or volume of dangerous goods when added together does not exceed 200 kg or l and the total net mass of explosives does not exceed 20 kg. 4. explosive articles allocated on classification to un numbers 0106, 0107 or 0257 may be carried with explosive articles in compatibility group d, e or f for which they are components. the total quantity of explosives of un numbers 0106, 0107 or 0257 shall not exceed 20 kg. expiry date: 30 june 2021 ra a uk 3 subject: to allow different maximum total quantity per transport unit for class 1 goods in categories 1 and 2 of table in 1.1.3.1. reference to annex ii, section ii.1, to directive 2008/68/ec: 1.1.3.1. content of the annex to the directive: exemptions related to the nature of the transport operation. content of the national legislation: to lay down rules regarding exemptions for limited quantities and mixed loading of explosives. initial reference to the national legislation: the carriage of dangerous goods and use of transportable pressure equipment regulations 2004: regulation 3(7)(b). comments: to allow different limited quantity limits and mixed loading multiplication factors for class 1 goods, namely 50 for category 1 and 500 for category 2. for the purpose of calculating mixed loads, the multiplication factors are to read 20 for transport category 1 and 2 for transport category 2. expiry date: 30 june 2021 ra a uk 4 subject: adoption of ra a fr 6. reference to annex ii, section ii.1, to directive 2008/68/ec: 5.3.1.3.2. content of the annex to the directive: relaxation of placarding requirement for piggyback carriage. content of the national legislation: the placarding requirement does not apply in cases where the vehicle placards are clearly visible. initial reference to the national legislation: the carriage of dangerous goods and use of transportable pressure equipment regulations 2004: regulation 7(12). comments: this has always been a uk national provision. expiry date: 30 june 2021 ra a uk 5 subject: distribution of goods in inner packagings to retailers or users (excluding those of classes 1, 4.2, 6.2, and 7) from local distribution depots to retailers or users and from retailers to end users. reference to annex ii, section ii.1, to directive 2008/68/ec: 6.1. content of the annex to the directive: requirements for the construction and testing of packagings. content of the national legislation: packagings are not required to have been allocated an rid/adr or un mark. initial reference to the national legislation: the carriage of dangerous goods and use of transportable pressure equipment regulations 2007: regulation 26. comments: rid requirements are inappropriate for the final stages of carriage from a distribution depot to a retailer or user or from a retailer to an end user. the purpose of this derogation is to allow the inner receptacles of goods for retail distribution to be carried on the rail leg of a local distribution journey without an outer packaging. expiry date: 30 june 2021 based on article 6(2)(b)(i) of directive 2008/68/ec de germany ra bi de 2 subject: transportation of packaged hazardous waste. reference to annex ii, section ii.1, to directive 2008/68/ec: 1 to 5. content of the annex to the directive: classification, packaging and marking. content of the national legislation: classes 2 to 6.1, 8 and 9: combined packaging and transportation of hazardous waste in packs and ibcs; waste must be packaged in internal packagings (as collected) and categorised in specific waste groups (avoidance of dangerous reactions within a waste group); use of special written instructions relating to the waste groups and as a waybill; collection of domestic and laboratory waste, etc. initial reference to the national legislation: gefahrgut-ausnahmeverordnung ggav 2002 vom 6.11.2002 (bgbl. i s. 4350); ausnahme 20. comments: list no 6*. expiry date: 30 june 2021 ra-bi-de-3 subject: local transport of un 1381 (phosphorus, yellow, under water), class 4.2, packaging group i, in railway tank wagons. reference to annex ii, section ii.1 to directive 2008/68/ec: 6.8, 6.8.2.3. content of the annex to the directive: provisions for the construction of tanks and tank wagons. chapter 6.8, subsection 6.8.2.3, requires type approval for tanks carrying un 1381 (phosphorus, yellow, under water). content of the national legislation: local transport of un 1381 (phosphorus, yellow, under water), class 4.2, packaging group i, over short distances (from sassnitz-mukran to lutherstadt wittenberg-piesteritz and bitterfeld) in railway tank wagons built according to russian standards. the transport of the goods is subject to additional operational provisions laid down by the competent safety authorities. initial reference to the national legislation: ausnahme eisenbahn-bundesamt nr. e 1/92. expiry date: 30 january 2020 (authorisation extended) dk denmark ra bi dk-1 subject: carriage of dangerous goods in tunnels reference to annex ii, section ii.1, to directive 2008/68/ec: 7.5 content of the annex to the directive: loading, unloading and protective distances content of the national legislation: the legislation provides for alternative provisions than provided for in annex ii, section ii.1 to directive 2008/68/ec regarding carriage through the rail tunnel of the fixed link across the great belt. these alternative provisions relate only to load volume and the distance between dangerous goods loads. initial reference to the national legislation: bestemmelser om transport af eksplosiver i jernbanetunnelerne p storeb lt og resund, 15 february 2005. comments: expiry date: 30 june 2022 ra bi dk-2 subject: carriage of dangerous goods in tunnels reference to annex ii, section ii.1, to directive 2008/68/ec: 7.5 content of the annex to the directive: loading, unloading and protective distances content of the national legislation: the legislation provides for alternative provisions than provided for in annex ii, section ii.1 to directive 2008/68/ec regarding carriage through the rail tunnel of the fixed link across resund. these alternative provisions relate only to load volume and the distance between dangerous goods loads. initial reference to the national legislation: bestemmelser om transport af eksplosiver i jernbanetunnelerne p storeb lt og resund, 15 february 2005. comments: expiry date: 28 february 2022 se sweden ra bi se 1 subject: carriage of hazardous waste to hazardous waste disposal plants. reference to the annex ii, section ii.1 to directive 2008/68/ec: part 5 and 6. content of the annex to the directive: requirements for construction and testing of packages. content of the national legislation: carriage of packagings containing dangerous goods as waste shall be carried out in accordance with the provisions of this directive from which only a few exemptions are allowed. exemptions are not permitted for all types of substances and articles. the main exemptions are: small packagings (less than 30 kg) of dangerous goods as waste may be packed in packagings, including ibcs and large packagings, without complying with the provisions of sub-sections 6.1.5.2.1, 6.1.5.8.2, 6.5.6.1.2, 6.5.6.14.2, 6.6.5.2.1 and 6.6.5.4.3 of annex ii, section ii.1 to this directive. packagings, including ibcs and large packagings need not be tested as prepared for carriage with a representative sample of small inner packages. this is permitted provided that: packagings, ibcs and large packagings conform to a type which has been tested and approved according to packing group i or ii of the applicable provisions of sections 6.1, 6.5 or 6.6 of annex ii, section ii.1 to this directive; the small packagings are packed with absorbent material that retains any free liquid that might escape into the outer packagings, ibcs or large packagings during carriage; and the packagings, ibcs or large packagings as prepared for carriage has a gross mass of no more than the permitted gross mass stated on the un design type marking for packing groups i or ii for the packagings, ibcs or large packagings; and the following sentence is included in the transport document packed according to part 16 of rid-s initial reference to the national legislation: appendix s specific regulations for the domestic transport of dangerous goods by rail issued in accordance with the transport of dangerous goods act. comments: sub-sections 6.1.5.2.1, 6.1.5.8.2, 6.5.6.1.2, 6.5.6.14.2, 6.6.5.2.1 and 6.6.5.4.3 of annex ii, section ii.1 to this directive are difficult to apply because the packagings, ibcs and large packagings shall be tested with a representative sample of the waste, which is hard to predict on beforehand. expiry date: 30 june 2021 based on article 6(2)(b)(ii) of directive 2008/68/ec de germany ra-bii-de-1 subject: local transport of un 1051 (hydrogen cyanide, stabilised, liquid, containing 1 % or less water by mass), in railway tank wagons, derogating from subsection 1 of annex ii, section ii. 1, to directive 2008/68/ec. reference to annex ii, section ii. 1, to directive 2008/68/ec: 3.2, 4.3.2.1.1. content of the annex to the directive: ban on the transport of un 1051 (hydrogen cyanide), stabilised, liquid, containing 1 % or less water by mass, in railway tank wagons, rid tanks). content of the national legislation: local transport by rail on particular designated routes as part of a defined industrial process and closely controlled under clearly specified conditions. transport takes place in tank wagons licensed specifically for this purpose and whose construction and fittings are continually adapted in line with the latest safety requirements. the transport process is regulated in detail by additional operational safety provisions in agreement with the relevant safety and emergency authorities and is monitored by the relevant supervisory authorities. original reference to national legal provisions: ausnahmezulassung eisenbahn-bundesamt, no e 1/97. end of the period of validity: 1 january 2023 ra-bii-de-2 subject: local transport on designated routes of un 1402 (calcium carbide), packaging group i, in containers on wagons. reference to annex ii, section ii.1 to directive 2008/68/ec: 3.2, 7.3.1.1 content of the annex to the directive: general provisions for transport in bulk. chapter 3.2, table a, does not allow calcium carbide to be carried in bulk. content of the national legislation: local transport by rail of un 1402 (calcium carbide), packaging group i, on specifically designated routes, as part of a defined industrial process and closely controlled under clearly specified conditions. the loads are transported in purpose-built containers in wagons. the transport of the goods is subject to additional operational provisions laid down by the competent safety authorities. initial reference to the national legislation: ausnahme eisenbahn-bundesamt nr. e 3/10. expiry date: 15 january 2024; (3) in annex iii, section iii.3 is replaced by the following: iii.3. national derogations.

name: council decision (eu) 2018/924 of 22 june 2018 abrogating decision 2009/414/ec on the existence of an excessive deficit in france type: decision subject matter: budget; national accounts; europe; public finance and budget policy date published: 2018-06-29 29.6.2018 en official journal of the european union l 164/44 council decision (eu) 2018/924 of 22 june 2018 abrogating decision 2009/414/ec on the existence of an excessive deficit in france the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 126(12) thereof, having regard to the recommendation from the european commission, whereas: (1) on 27 april 2009, following a recommendation from the commission, the council decided, by decision 2009/414/ec (1), in accordance with article 126(6) of the treaty, that an excessive deficit existed in france. the council noted that the general government deficit notified for 2008 was 3,2 % of gdp, thus above the 3 %-of-gdp treaty reference value. the general government gross debt, which had been above the 60 %-of-gdp treaty reference value since 2003, was planned to reach 66,7 % of gdp in 2008. (2) on the same date, in accordance with article 126(7) of the treaty and article 3(4) of regulation (ec) no 1467/97 (2), the council, based on a recommendation from the commission, issued a recommendation to france with a view to bringing the excessive deficit situation to an end by 2012 at the latest. the council also set a deadline of 27 october 2009 for effective action to be taken. (3) on 2 december 2009, the council addressed a new recommendation to france, on the basis of article 126(7) of the treaty, which extended the deadline for correcting the excessive deficit to 2013. the council considered that france had taken effective action, but unexpected adverse economic events with major unfavourable consequences for government finances had occurred. (4) on 21 june 2013, on the basis of article 126(7) of the treaty, the council addressed a new recommendation to france, which extended the deadline for correcting the excessive deficit to 2015. the council considered that the available evidence did not allow one to conclude that there had been no effective action, but unexpected adverse economic events with major unfavourable consequences for government finances had occurred. (5) on 10 march 2015, the council under article 126(7) of the treaty issued a new recommendation to france with a view to bringing an end to the excessive deficit situation by 2017. the council established the deadline of 10 june 2015 for france to report in detail on action taken. (6) on 1 july 2015, the commission concluded that the headline deficit targets for france were expected to be met both in 2015 and 2016, while the projected fiscal effort, according to all metrics, was projected to fall short of the recommended ones in 2015 and 2016. therefore, according to the methodology for assessing effective action, the commission considered that the procedure was to be held in abeyance. (7) in accordance with article 4 of the protocol on the excessive deficit procedure annexed to the treaties, the commission provides the data for the implementation of the procedure. as part of the application of that protocol, member states are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 april and before 1 october, in accordance with article 3 of council regulation (ec) no 479/2009 (3). (8) the council takes a decision to abrogate a decision on the existence of an excessive deficit on the basis of notified data. moreover, such a decision should be abrogated only if the commission forecasts indicate that the deficit will not exceed the 3 %-of-gdp treaty reference value over the forecast horizon. (9) based on data provided by the commission (eurostat) in accordance with article 14 of regulation (ec) no 479/2009, following the april 2018 notification by france, the 2018 stability programme and the commission 2018 spring forecast, the following conclusions are warranted: after reaching 3,4 % of gdp in 2016, the general government deficit was reduced to 2,6 % of gdp in 2017. as compared to the 2017 budget targets, the deficit reduction in that year was mainly driven by the buoyancy of tax revenues (0,7 % of gdp), especially vat and corporate taxes. the stability programme for 2018-2022, submitted by the french government on 25 april 2018, plans the general government deficit to decline to 2,3 % of gdp in 2018 and to slightly increase to 2,4 % of gdp in 2019. the commission 2018 spring forecast projects a deficit of 2,3 % of gdp in 2018 and 2,8 % of gdp in 2019, thus remaining below the 3 %-of-gdp treaty reference value over the forecast horizon. the structural balance, which is the general government balance adjusted for the economic cycle and net of one-off and other temporary measures, improved by 0,5 % of gdp in 2017. the accumulated improvement in the structural balance since 2015 amounted to 0,7 % of gdp. the gross government debt-to-gdp increased to 97,0 % in 2017, from 96,6 % in 2016, mainly due to the debt-increasing stock-flow adjustments as the primary deficit, and interest payments were broadly offset by the debt-reducing impact of real growth and inflation. the commission 2018 spring forecast projects the debt ratio to decrease to 96,4 % in 2018 and 96,0 % in 2019 mainly due to high nominal growth that outweighs the primary deficits and interest payments. (10) in accordance with article 126(12) of the treaty, a council decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the member state concerned has, in the view of the council, been corrected. (11) in the view of the council, the excessive deficit in france has been corrected and decision 2009/414/ec should therefore be abrogated. (12) as from 2018, the year following the correction of the excessive deficit, france is subject to the preventive arm of the stability and growth pact and should progress towards its medium-term budgetary objective at an appropriate pace, including respecting the expenditure benchmark, and comply with the debt criterion in accordance with article 2(1a) of regulation (ec) no 1467/97, has adopted this decision: article 1 from an overall assessment it follows that the excessive deficit situation in france has been corrected. article 2 decision 2009/414/ec is hereby abrogated. article 3 this decision is addressed to the french republic. done at luxembourg, 22 june 2018. for the council the president v. goranov (1) council decision 2009/414/ec of 27 april 2009 on the existence of an excessive deficit in france (oj l 135, 30.5.2009, p. 19). (2) council regulation (ec) no 1467/97 of 7 july 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (oj l 209, 2.8.1997, p. 6). (3) council regulation (ec) no 479/2009 of 25 may 2009 on the application of the protocol on the excessive deficit procedure annexed to the treaty establishing the european community (oj l 145, 10.6.2009, p. 1).

name: political and security committee decision (cfsp) 2018/925 of 26 june 2018 on the appointment of the eu force commander for the european union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the somali coast (atalanta) and repealing decision (cfsp) 2018/522 (atalanta/2/2018) type: decision subject matter: defence; eu institutions and european civil service; criminal law; european construction; africa date published: 2018-06-29 29.6.2018 en official journal of the european union l 164/46 political and security committee decision (cfsp) 2018/925 of 26 june 2018 on the appointment of the eu force commander for the european union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the somali coast (atalanta) and repealing decision (cfsp) 2018/522 (atalanta/2/2018) the political and security committee, having regard to the treaty on european union, and in particular article 38 thereof, having regard to council joint action 2008/851/cfsp of 10 november 2008 on a european union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the somali coast (1), and in particular article 6(1) thereof, whereas: (1) pursuant to article 6(1) of joint action 2008/851/cfsp, the council authorised the political and security committee (psc) to take the relevant decisions on the appointment of the eu force commander for european union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the somali coast (eu force commander). (2) on 27 march 2018, the psc adopted decision (cfsp) 2018/522 (2) appointing rear admiral simone malvagna as eu force commander. (3) the eu operation commander has recommended the appointment of rear admiral alfonso p rez de nanclares y p rez de acevedo as the new eu force commander as from 6 august 2018. (4) on 31 may 2018, the eu military committee supported that recommendation. (5) decision (cfsp) 2018/522 should therefore be repealed. (6) in accordance with article 5 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 does not participate in the elaboration and the implementation of decisions and actions of the union which have defence implications, has adopted this decision: article 1 rear admiral alfonso p rez de nanclares y p rez de acevedo is hereby appointed eu force commander for the european union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the somali coast (atalanta) as from 6 august 2018. article 2 decision (cfsp) 2018/522 is repealed. article 3 this decision shall enter into force on 6 august 2018. done at brussels, 26 june 2018. for the political and security committee the chairperson w. stevens (1) oj l 301, 12.11.2008, p. 33. (2) political and security committee decision (cfsp) 2018/522 of 27 march 2018 on the appointment of the eu force commander for the european union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the somali coast (atalanta) and repealing decision (cfsp) 2017/1356 (atalanta/1/2018) (oj l 87, 3.4.2018, p. 14).

name: council decision (eu) 2018/926 of 26 june 2018 appointing a member, proposed by the kingdom of spain, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2018-06-29 29.6.2018 en official journal of the european union l 164/48 council decision (eu) 2018/926 of 26 june 2018 appointing a member, 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. on 5 october 2015, by council decision (eu) 2015/1792 (4), mr ignacio gonz lez gonz lez was replaced by ms cristina cifuentes cuencas as a member. (2) a member's seat on the committee of the regions has become vacant following the resignation of ms cristina cifuentes cuencas, 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: mr ngel garrido garc a, presidente de la comunidad aut noma de madrid. article 2 this decision shall enter into force on the date of its adoption. done at luxembourg, 26 june 2018. for the council the president e. zaharieva (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) 2015/1792 of 5 october 2015 appointing five spanish members and five spanish alternate members of the committee of the regions (oj l 260, 7.10.2015, p. 28).

name: commission implementing decision (eu) 2018/911 of 25 june 2018 laying down interim protective measures in order to prevent the spread of peste des petits ruminants in bulgaria (notified under document c(2018) 4071) (text with eea relevance.) type: decision_impl subject matter: international trade; means of agricultural production; regions of eu member states; agricultural activity; agricultural policy; animal product; europe date published: 2018-06-26 26.6.2018 en official journal of the european union l 161/67 commission implementing decision (eu) 2018/911 of 25 june 2018 laying down interim protective measures in order to prevent the spread of peste des petits ruminants in bulgaria (notified under document c(2018) 4071) (only the bulgarian 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(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) peste des petits ruminants (ppr) is a severe viral disease of small ruminants, namely sheep and goats, which is transmitted primarily via direct contact. morbidity and mortality due to ppr can be very high, especially in areas where ppr occurs for the first time, and cause serious economic impact to the agricultural sector. ppr is not transmissible to humans. ppr is endemic in many countries of africa, the middle east and asia, and it is of great concern for animal health and welfare. (2) council directive 92/119/eec (3) lays down general measures to be taken for the control of certain animal diseases, including ppr. these include control measures to be taken in the event of the suspicion and the confirmation of ppr in a holding. these control measures also include the establishment of protection and surveillance zones around outbreaks and other additional measures to control the spread of that disease. (3) in accordance with article 14.7.7 of the terrestrial animal health code (the code), edition 2017, of the world organisation for animal health (oie) (4), when a ppr outbreak or pprv infection occurs in a ppr-free country or zone and when a stamping-out policy is practised, the recovery period shall be six months after the slaughter of the last case provided that article 14.7.32 of that code has been complied with. (4) on 23 june 2018, bulgaria notified the commission and the other member states of three outbreaks of ppr in small ruminant holdings in the municipality of bolyarovo, in the region of yambol in bulgaria. (5) bulgaria has taken the control measures provided for in directive 92/119/eec, and in particular the stamping out of infected herds, and the establishment of protection and surveillance zones around the outbreaks as provided for in that directive. surveillance has also been intensified in the municipalities neighbouring the affected zones, as well as in the municipalities located along the border of the union with third countries not free of ppr. (6) in addition to the measures provided for in directive 92/119/eec, it is necessary to take interim protection measures to prevent the spread of ppr. accordingly, in order to prevent the spread of ppr to other areas of bulgaria, and to other member states and third countries, particularly through trade in small ruminants and their germinal products, the dispatch of consignments of small ruminants and the placing on the market of certain products derived from small ruminants, should be controlled. (7) pending the meeting of the standing committee on plants, animals, food and feed and in collaboration with the member state concerned, the commission should take interim protective measures relating to peste des petits ruminants in bulgaria. (8) the situation shall be reviewed at the next meeting of the standing committee on plants, animals, food and feed, and the measures adapted where necessary, has adopted this decision: article 1 this decision lays down interim protection measure to prevent the spread of peste des petits ruminants in the union. it applies to small ruminants, and to the semen, ova and embryos of those animals, as well as certain commodities of those animals. article 2 1. for the purposes of this decision, the following definitions shall apply: (a) small ruminants: means any animal of the ovine or caprine species; (b) unprocessed animal by-products: means animal by-products as defined in point (1) of article 3 of regulation (ec) no 1069/2009 of the european parliament and of the council (5); 2. in addition, the definitions set out in annex i to regulation (ec) no 853/2004 of the european parliament and of the council (6) shall apply. article 3 bulgaria shall prohibit the dispatch of the following commodities from the region of yambol to other parts of bulgaria, to other member states and to third countries: (a) small ruminants; (b) semen, ova and embryos of small ruminants. article 4 1. bulgaria shall prohibit the placing on the market outside the region of yambol of the following commodities produced from small ruminants coming from the region of yambol: (a) fresh meat; (b) minced meat and meat preparations produced from the meat referred to in point (a); (c) meat products and treated stomachs, bladders and intestines for human consumption produced from the meat referred to in point (a), other than those which have undergone a treatment to eliminate certain animal health risks in accordance with annex iii to council directive 2002/99/ec (7); (d) raw milk and dairy products, other than those that have undergone a treatment in hermetically sealed containers with an f0 value of 3,00 or more, as described in annex iii to directive 2002/99/ec; (e) products containing the commodities referred to in points (a) to (d), (f) unprocessed animal by-products. 2. by way of derogation from the prohibition laid down in paragraph 1(f), the competent authority may authorise the dispatch of unprocessed animal by-products under official supervision destined for processing or disposal in a plant approved by it for that purpose within the territory of bulgaria in accordance with the provision of article 4(4) of regulation (ec) no 1069/2009. article 5 this decision shall apply until 23 december 2018. article 6 this decision is addressed to the republic of bulgaria. done at brussels, 25 june 2018. 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 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 (oj l 62, 15.3.1993, p. 69). (4) http://www.oie.int/index.php?id=169&l=0&htmfile=chapitre_ppr.htm (5) regulation (ec) no 1069/2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing regulation (ec) no 1774/2002 (animal by-products regulation) (oj l 300, 14.11.2009, p. 1). (6) regulation (ec) no 853/2004 of the european parliament and of the council of 29 april 2004 laying down specific hygiene rules for food of animal origin (oj l 139, 30.4.2004, p. 55). (7) 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 (oj l 18, 23.1.2003, p. 11).

name: council decision (eu) 2018/902 of 21 april 2016 on the signing, on behalf of the european union and its member states, and provisional application of a protocol to the framework agreement between the european union and its member states, on the one part, and the republic of korea, on the other part, to take account of the accession of the republic of croatia to the european union type: decision subject matter: international affairs; europe; european construction; asia and oceania; cooperation policy date published: 2018-06-26 26.6.2018 en official journal of the european union l 161/1 council decision (eu) 2018/902 of 21 april 2016 on the signing, on behalf of the european union and its member states, and provisional application of a protocol to the framework agreement between the european union and its member states, on the one part, and the republic of korea, on the other part, to take account of the accession of the republic of croatia 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 articles 207 and 212, in conjunction with article 218(5), thereof, having regard to the act of accession of the republic of croatia, and in particular article 6(2) thereof, having regard to the proposal from the european commission, whereas: (1) the framework agreement between the european union and its member states, on the one part, and the republic of korea, on the other part (1) (the agreement), was signed in brussels on 10 may 2010. (2) the republic of croatia became a member state of the european union on 1 july 2013. (3) under the terms of article 6(2) of the act of accession, croatia's accession to the agreement is to be agreed by means of a protocol to the agreement. a simplified procedure is to apply whereby the protocol is to be concluded by the council, acting unanimously on behalf of the member states, and by the third countries concerned. (4) on 14 september 2012, the council authorised the commission to open negotiations with the third countries concerned. the negotiations with the republic of korea were successfully concluded by the initialling of the protocol. (5) article 4(3) of the protocol provides for its provisional application before its entry into force. (6) the protocol should be signed, and applied on a provisional basis pending the completion of the procedures for its conclusion, has adopted this decision: article 1 the signing on behalf of the union and its member states of the protocol to the framework agreement between the european union and its member states, on the one part, and the republic of korea, on the other part, is hereby authorised, subject to the conclusion of the protocol. the text of the protocol is attached to this decision. article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the protocol on behalf of the union and its member states. article 3 the protocol shall be applied on a provisional basis, pending the completion of the procedures for its conclusion. article 4 this decision shall enter into force on the date of its adoption. done at luxembourg, 21 april 2016. for the council the president a. van der steur (1) oj l 20, 23.1.2013, p. 2.

name: council decision (cfsp) 2018/906 of 25 june 2018 extending the mandate of the european union special representative for the sahel type: decision subject matter: international security; international affairs; africa date published: 2018-06-26 26.6.2018 en official journal of the european union l 161/22 council decision (cfsp) 2018/906 of 25 june 2018 extending the mandate of the european union special representative for the sahel the council of the european union, having regard to the treaty on european union, and in particular article 33 and article 31(2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 7 december 2015, the council adopted decision (cfsp) 2015/2274 (1) appointing mr ngel losada fern ndez as the european union special representative (eusr) for the sahel. the eusr's mandate is to expire on 30 june 2018. (2) the eusr's mandate should be extended for a further period of 20 months. (3) the eusr will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the union's external action as set out in article 21 of the treaty, has adopted this decision: article 1 european union special representative 1. the mandate of mr ngel losada fern ndez as the eusr for the sahel is extended until 29 february 2020. the council may decide that the mandate of the eusr be terminated earlier, based on an assessment by the political and security committee (psc) and a proposal from the high representative of the union for foreign affairs and security policy (hr). 2. for the purposes of the eusr's mandate, the sahel is defined as comprising the primary focus of the eu strategy for security and development in the sahel (the strategy) and its regional action plan (the rap), namely burkina faso, chad, mali, mauritania and niger. for issues with broader regional implications, the eusr shall engage with the countries of the lake chad basin and other countries and regional or international entities beyond the sahel, including the maghreb, west africa and the gulf of guinea, as appropriate. article 2 policy objectives 1. the eusr's mandate shall be based on the policy objective of the union in relation to the sahel to contribute actively to regional and international efforts to achieve lasting peace, security and development in the region. the eusr shall furthermore aim to enhance the quality, intensity and impact of the union's multi-faceted engagement in the sahel. 2. the eusr shall contribute to developing and implementing all the union's efforts in the region, in particular in the political, security and development areas, and to coordinating all relevant instruments for union actions. 3. priority shall be given to mali's long-term stabilisation and to the partnership with the g5 sahel, in coordination with the union delegations and other relevant stakeholders, including member states, the commission and the european external action service (eeas). 4. the union's policy objectives shall aim, through the coordinated and effective use of all its instruments, to promote a return for mali and its people to a path of peace, reconciliation, security and development. 5. the union's policy objectives shall also aim to strengthen the link between security and development issues in the countries of the g5 sahel. article 3 mandate 1. in order to achieve the union's policy objectives in relation to the sahel, the mandate of the eusr shall be to: (a) actively contribute to the implementation of the strategy and its rap and to coordinate and further develop the union's integrated approach to the regional crises, with a view to enhancing the overall coherence and effectiveness of union activities in the sahel; (b) engage with all relevant stakeholders of the region, governments, regional organisations, in particular the g5 sahel and its joint force in regard to which attention should, inter alia, be paid to promoting respect for human rights and non-military elements of the force such as the police component, international organisations, civil society and diasporas, including with all the countries of the maghreb and lake chad basin, with a view to furthering the union's objectives and contribute to a better understanding of the role of the union in the sahel; (c) represent and promote the interests and visibility of the union in relevant regional and international fora, including the participation in the comit de suivi of the mali peace agreement, and facilitate fully coordinated and comprehensive union action in the region drawing on all relevant instruments, including development cooperation such as the sahel alliance, member states' activities and union support to crisis management and conflict prevention through the european union military mission to contribute to the training of the malian armed forces (eutm mali), the european union csdp mission in mali (eucap sahel mali), the european union csdp mission in niger (eucap sahel niger), and stabilisation action under article 28 of the treaty; (d) maintain close cooperation with the un, in particular the special representative of the secretary-general for west africa and the sahel, the special representative of the secretary-general and head of the un multidimensional integrated stabilisation mission, the african union (au), in particular the au high representative for mali and the sahel, the g5 sahel, in particular the g5 presidency and its permanent secretary, the economic community of west african states, the lake chad basin commission and other leading national, regional and international stakeholders including other special envoys for the sahel, as well as with the relevant authorities in the maghreb and middle east area; (e) closely follow the regional and trans-boundary dimensions of the challenges facing the region, including terrorism, organised crime, arms smuggling, human trafficking and smuggling, drug trafficking, refugee and migration flows and related financial flows; in close cooperation with the eu counter-terrorism coordinator, contribute to the further implementation of the eu counter-terrorism strategy; (f) closely follow the humanitarian, political, security and development consequences of large scale refugee and migration flows and related illicit financial flows across the region; upon request, engage in dialogues on migration with relevant stakeholders and contribute more generally to the union's policy on migration and refugees with respect to the region, in line with the union's political priorities, in order to increase cooperation including on return and readmission; work with countries of the sahel to follow up action agreed at the valetta summit in november 2015, including the eu emergency trust fund for stability and addressing root causes of irregular migration and displaced persons in africa and in connection with the partnership frameworks; (g) maintain regular high level political contacts with the countries in the region affected by terrorism and international crime and ensure the union's key role in the international efforts to fight terrorism and international crime. this includes the union's efforts to enhance its support to the security sector through the regionalisation of the csdp missions and active support to regional capacity-building in particular the joint force g5 sahel, its coordination with international players such as minusma, and its relation with the local population, in line with un security council resolution (unscr) 2359 (2017) and unscr 2391 (2017), and ensuring that the root causes of terrorism and international crime in the sahel are adequately addressed; (h) closely follow the political, security and development consequences of humanitarian crises in the region; (i) with regard to mali, contribute to the stabilisation of the country, in particular a full return to constitutional normalcy and governance throughout the territory and a credible national inclusive dialogue in the overall framework of the mali peace agreement. this also includes promoting institution building, security sector reform, in line with unscr 2364 (2017), and long-term peace building and reconciliation and fighting against corruption and impunity in mali, as well as facilitating active and fully coordinated union efforts to promote a swift implementation of the mali peace agreement; (j) contribute to the implementation of the union's human rights policy in the region in cooperation with the eusr for human rights, including the eu guidelines on human rights, in particular the eu guidelines on children and armed conflict, as well as on violence against women and girls and combating all forms of discrimination against them, and the union's policy on women, peace and security, and promote inclusiveness and gender equality in the state building process, in line with unscr 1325 (2000) and subsequent resolutions on women, peace and security, including unscr 2242 (2015). the contribution will include monitoring and reporting on developments, as well as formulating recommendations in this regard and maintain regular contacts with the relevant authorities in mali and in the region, the office of the prosecutor of the international criminal court, the office of the high commissioner for human rights and the human rights defenders and observers in the region; (k) follow up and report on compliance with relevant unscrs, in particular unscrs 2056 (2012), 2071 (2012), 2085 (2012), 2100 (2013), 2295 (2016), 2364 (2017) and 2374 (2017), 2359 (2017), 2391 (2017). 2. for the purpose of the fulfilment of the eusr's mandate, the eusr shall, inter alia: (a) advise and report on the formulation of union positions in regional and international fora, as appropriate, in order to proactively promote and strengthen the union's comprehensive approach towards the crisis in the sahel; (b) maintain an overview of all activities of the union and cooperate closely with relevant union delegations. article 4 implementation of the mandate 1. the eusr shall be responsible for the implementation of the mandate, acting under the authority of the hr. 2. the psc shall maintain a privileged link with the eusr and shall be the eusr's primary point of contact with the council. the psc shall provide the eusr with strategic guidance and political direction within the framework of the mandate, without prejudice to the responsibilities of the hr. 3. the eusr shall work in close coordination with the european external action service (eeas) and its relevant departments. article 5 financing 1. the financial reference amount intended to cover the expenditure related to the eusr's mandate for the period from 1 july 2018 to 29 february 2020 shall be eur 2 400 000. 2. the expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the union. 3. the management of the expenditure shall be subject to a contract between the eusr and the commission. the eusr shall be accountable to the commission for all expenditure. article 6 constitution and composition of the team 1. within the limits of the eusr's mandate and the corresponding financial means made available, the eusr shall be responsible for constituting a team. the team shall include the expertise on specific policy and security issues as required by the mandate, including gender. the eusr shall keep the council and the commission promptly informed of the composition of the team. 2. member states, institutions of the union, and the eeas may propose the secondment of staff to work with the eusr. the salary of such seconded personnel shall be covered by the member state, the sending institution of the union or the eeas, respectively. experts seconded by member states to the institutions of the union or the eeas may also be posted to the eusr. international contracted staff shall have the nationality of a member state. 3. all seconded personnel shall remain under the administrative authority of the sending member state, the sending institution of the union or the eeas and shall carry out their duties and act in the interest of the eusr's mandate. 4. the eusr staff shall be co-located with the relevant eeas departments or union delegations in order to ensure coherence and consistency of their respective activities. article 7 privileges and immunities of the eusr and the eusr's staff the privileges, immunities and further guarantees necessary for the completion and smooth functioning of the eusr's mission and the members of the eusr's staff shall be agreed with the host countries, as appropriate. member states and the eeas shall grant all necessary support to such effect. article 8 security of eu classified information the eusr and the members of eusr's team shall respect the security principles and minimum standards established by council decision 2013/488/eu (2). article 9 access to information and logistical support 1. member states, the commission, the eeas and the general secretariat of the council shall ensure that the eusr is given access to any relevant information. 2. the union delegations in the region and/or member states, as appropriate, shall provide logistical support in the region. article 10 security in accordance with the union's policy on the security of personnel deployed outside the union in an operational capacity under title v of the treaty, the eusr shall take all reasonably practicable measures, in accordance with the eusr's mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the eusr's direct authority, in particular by: (a) establishing a specific security plan based on guidance from the eeas, including specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to and within the area of responsibility, as well as management of security incidents and providing for a contingency and evacuation plan; (b) ensuring that all personnel deployed outside the union are covered by high-risk insurance, as required by the conditions in the area of responsibility; (c) ensuring that all members of the eusr's team to be deployed outside the union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area by the eeas; (d) ensuring that all agreed recommendations made following regular security assessments are implemented and providing the council, the hr and the commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate. article 11 reporting the eusr shall regularly provide the hr and the psc with reports, including an interim mandate report in spring 2019. the eusr shall also report to council working parties, as necessary. regular reports shall be circulated through the coreu network. the eusr may provide the foreign affairs council with reports. in accordance with article 36 of the treaty, the eusr may be involved in briefing the european parliament. article 12 coordination with other union actors 1. in the framework of the strategy and the rap, the eusr shall contribute to the unity, consistency and effectiveness of the union's political and diplomatic action and shall help ensure that all union instruments and member states' actions are engaged consistently, to attain the union's policy objectives. liaison with member states shall be sought where appropriate. 2. the activities of the eusr shall be coordinated with those of union delegations and of the commission, as well as those of other eusrs active in the region. the eusr shall provide member states' missions and union delegations in the region with regular briefings. 3. in the field, close liaison shall be maintained with the relevant heads of member states' missions and of the union delegations. they shall make every effort to assist the eusr in the implementation of the mandate. the eusr, in close coordination with the relevant union delegations, shall provide the heads of missions of eucap sahel niger and of eucap sahel mali and the mission commander of eutm mali with local political guidance. the eusr, the mission commander of eutm mali and the civilian operation commander of eucap sahel niger and eucap sahel mali shall consult each other as required. article 13 assistance in relation to claims the eusr and the eusr's staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous eusr for sahel, and shall provide administrative assistance and access to relevant files for such purposes. article 14 review the implementation of this decision and its consistency with other contributions from the union to the region shall be kept under regular review. the eusr shall present the council, the hr and the commission with a progress report by 31 october 2018 and a comprehensive mandate implementation report by 30 november 2019. article 15 entry into force this decision shall enter into force on the date of its adoption. done at luxembourg, 25 june 2018. for the council the president f. mogherini (1) council decision (cfsp) 2015/2274 of 7 december 2015 appointing the european union special representative for the sahel (oj l 322, 8.12.2015, p. 44). (2) council decision 2013/488/eu of 23 september 2013 on the security rules for protecting eu classified information (oj l 274, 15.10.2013, p. 1).

name: commission decision (eu) 2018/884 of 16 october 2017 on aid measure sa.32874 (2012/c) (ex sa.32874 (2011/nn)) implemented by denmark (notified under document c(2017) 4461) (text with eea relevance.) type: decision subject matter: environmental policy; construction and town planning; taxation; economic policy; europe; natural environment; competition date published: 2018-06-20 20.6.2018 en official journal of the european union l 157/1 commission decision (eu) 2018/884 of 16 october 2017 on aid measure sa.32874 (2012/c) (ex sa.32874 (2011/nn)) implemented by denmark (notified under document c(2017) 4461) (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, and in particular the first subparagraph of article 108(2) thereof (1), having given interested parties notice to submit their comments pursuant to that article, and having regard to those comments, whereas: i. procedure (1) the permanent representation of denmark to the european union sent the commission, by email dated 17 march 2011, a pre-notification of this measure (a reduction of and exemption from the tax relating to on the protection of drinking water). (2) in the course of examining this pre-notification, on 27 april 2011 the commission asked the danish authorities for additional information. (3) the danish authorities submitted, by email dated 16 september 2011, the additional information that the commission had requested on 27 april 2011. (4) after this information was received, two technical meetings were held between the danish authorities and the commission on 3 october and 10 november 2011. further to the meeting held on 10 november 2011, the danish authorities submitted some new additional information to the commission. (5) after the meeting on 10 november 2011, the permanent representation of denmark to the european union communicated by email dated 17 november 2011 that the pre-notification of the measure had been withdrawn. (6) the commission informed the danish authorities by fax dated 14 december 2011 that it had registered the aid as non-notified state aid under case sa.32874 (2011/nn), as the tax had already been introduced prior to the pre-notification and without the commission's approval. (7) the permanent representation of denmark to the european union forwarded to the commission, by email dated 27 december 2011, a letter from the danish authorities stating that the tax scheme would cease on 31 december 2011 and would be replaced by an increase in the general water rates, which had already been examined by the commission in the context of aid case nn 1/2005 (2). (8) the commission informed denmark by letter dated 22 march 2012 (3) of its decision dated 21 march 2012 to initiate the procedure laid down in article 108(2) tfeu in respect of the measure (hereinafter referred to as the examination procedure). this gave the danish authorities a deadline of one month to make comments. (9) the commission's decision to initiate the examination procedure (hereinafter referred to as 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 measure. (10) the commission received comments from one interested party (the danish agriculture and food council, hereinafter referred to as the interested party). the commission forwarded these comments to the danish authorities, who were given the opportunity to respond. (11) the permanent representation of denmark to the european union forwarded to the commission, by email dated 16 may 2012, a letter from the danish authorities in which they requested that the deadline for submitting comments be extended to 11 june 2012. the deadline extension was granted in a message sent by fax dated 24 may 2012. (12) the permanent representation of denmark to the european union sent the commission, by email dated 12 june 2012, the danish authorities' comments on the opening decision. (13) the permanent representation of denmark to the european union forwarded, by email dated 2 july 2012, the danish authorities' remarks on the comments submitted by the interested party. (14) the commission asked the danish authorities, in a letter dated 10 september 2013, for further information regarding their comments on the opening decision. (15) the danish authorities submitted the relevant information by email dated 7 november 2013. in reply to a letter from the commission dated 10 november 2015, the authorities sent new additional information by email dated 19 april 2016. ii. description (16) on 27 december 2008 folketinget (the danish parliament) passed a law implementing a tax on permits to extract groundwater with an eye to using the proceeds to fund surveys of and management planning for areas that are particularly important to the drinking water supply. the law was incorporated as chapter 4a (section 24) in consolidating act no 935 of 24 september 2009. (17) the tax, which was calculated on the basis of the volume of water that could be extracted annually under the permit, amounted to dkk 0,305 (approximately eur 0,04) per m3 in 2009, dkk 0,315 in 2010 and dkk 0,310 in 2011. (18) the tax scheme was originally intended to last until 2017, and in accordance with section 24a of the consolidating act the entirety of the tax was to be collected from owners of public utilities (5). holders of permits for extraction from their own facilities would only pay one third of the tax, calculated on the basis of the annual permissible extraction volume. if the permit concerned a volume above 25 000 m3, in accordance with section 24b the owner paid one third of the tax on 25 000 m3. in accordance with section 24c, holders of extraction permits for a maximum of 6 000 m3 per year were entirely exempted from the tax. (19) according to the available information, 85 000 private extraction permits have been issued in denmark. the vast majority of these concern the agricultural sector. the number of permits for a maximum of 6 000 m3 is estimated at 75 000. the danish authorities cannot guarantee that all agricultural enterprises hold private extraction permits and are therefore not dependent on public utilities, but point out that those farms that are able to connect to a public utility generally hold an extraction permit and only use the public supply for household needs. (20) according to the danish authorities' figures for 2009, 12 275 permit holders obtained a tax reduction equivalent to an average of eur 1 080 annually for extraction permits on an average of 35 500 m3 of water. the figures for 2009-2011 show that 1 091 agricultural enterprises obtained tax reductions, which exceeds the de minimis ceiling. the danish authorities have indicated that 106 permit holders are registered as food-processing enterprises. iii. grounds for initiating the examination procedure (21) the commission initiated the examination procedure for the following reasons: in reviewing the case, the commission noted that the relevant measure appeared to directly constitute state aid, seeing that it was granted by the state (which forwent revenue by conceding a reduction of or exemption from the tax), favoured certain undertakings (in this case, primarily agricultural undertakings with permits for private extraction that were granted a relief from their financial burden, including in particular those that had the advantage of an exemption rather than a reduction), had the potential to affect trade and threatened to distort competition, it could not be concluded on the basis of the danish authorities' statement that the de minimis regulations on the primary production (commission regulation (ec) no 1535/2007 (6)) or the processing/marketing (commission regulation (ec) no 1998/2006 (7)), respectively, of agricultural products were applicable or that the various tax levels were justified by the inherent logic of the tax system, the aid element was not in accordance with either the relevant provisions of the guidelines on state aid for environmental protection (8) (hereinafter referred to as the environmental guidelines) referred to in the community guidelines for state aid in the agriculture and forestry sector 2007 to 2013 (9) or the provisions of the temporary framework for state aid measures to support access to finance in the current financial and economic crisis (10) (hereinafter referred to as the temporary crisis framework) referred to by the danish authorities. iv. comments of the danish authorities (22) in their email of 12 june 2012 the danish authorities sent a new detailed description of the measure and its context, along with their own analysis of the measure. the main argument of the analysis set out below is that the measure does not constitute state aid under article 107(1) tfeu, partly because it is not selective and partly because it can be justified by the nature and general scheme of the danish tax system. it is also stated that even if the measure were to constitute state aid, it is compatible with the internal market. finally, it is argued that even if the commission were to find that any state aid were incompatible with the inner market, there are several factors to suggest that the aid does not need to be recovered. no state aid (23) the danish authorities do not agree with the commission that the measure fulfils all the criteria for state aid under article 107(1) tfeu. specifically, they are of the opinion that the tax collected in accordance with section 24b of the consolidating act (see recital 18) did not favour certain undertakings or the production of certain goods. regarding the tax exemption in section 24c, the authorities state that even if it were to constitute a selective advantage, this advantage would be so limited that it would be unable to distort competition or affect trade between member states. (24) in support of the first argument that the tax does not favour certain undertakings or the production of certain goods, the danish authorities refer to the case-law of the court of justice of the european union, from which it follows, firstly, that it is to be examined whether, within the context of a particular legal system, that [state] measure constitutes an advantage for certain undertakings in comparison with others which are in a comparable legal and factual situation (11), and secondly, that taxes and deductions that differentiate between undertakings, and which are therefore prima facie selective, do not fit the definition of state aid if this differentiation is due to the nature and overall structure of the tax system (12). the danish authorities argue, also on the basis of the case-law of the court of justice, that it should first be determined which system of norms or reference system should form the basis for examining the selective character of a measure, and that afterwards it should be examined whether some undertakings covered by the reference system gain an advantage over other undertakings covered by the same system. (25) taking this case-law as a basis, the danish authorities thus argue that the commission did not provide detailed reasoning in recital 15 of the opening decision but merely stated that the measure favoured certain undertakings (agricultural enterprises with private extraction permits for which the financial burden that would otherwise be applied was eased, including those enterprises that obtained an exemption instead of a reduction). they argue further that the commission therefore seems to assume that the tax in section 24a the tax imposed on owners of public water utilities forms the reference system for all other owners of water extraction systems, and that the latter are in a factual and legal situation comparable to that of the former and of the enterprises connected to a public utility, meaning that the exemptions and reductions in section 24b constitute a selective advantage. (26) the danish authorities do not agree with the commission on this point. they state that the tax under section 24a cannot be seen as the reference system simply because it is higher than the taxes in sections 24b and 24c. moreover, the number of owners of public water utilities that are subject to the tax in section 24a is much smaller than the number of owners of water extraction systems that are subject to the tax in section 24b. according to the danish authorities, two reference systems were created upon the introduction of the tax scheme in 2009: a sui generis system for owners of public water utilities (and indirectly for enterprises that are entitled to use water from these utilities) and a system that applies to all the other owners of systems for extracting groundwater. (27) according to the danish authorities, the coexistence of two reference systems means that the legal situation of the enterprises that pay tax under section 24a is not comparable to the legal situation of the enterprises that pay tax under section 24b or that benefit from the tax exemption under section 24c, for the following reasons: owners of public water utilities, unlike the others, are required to supply drinking water and can pass the tax on to the price that users pay, the users and enterprises located in the public utility's supply area cannot change providers, owners of public water utilities are not undertakings, given that the court of justice defines an undertaking as any entity engaged in an economic activity (i.e. offering goods or services), regardless of its form or legal status. since the utility companies cannot expand their customer base, because users cannot change suppliers, there is no competitive market, in that context, taxable persons under sections 24b and 24c cannot be considered to have obtained an advantage in comparison to those who are taxable persons under section 24a, since the latter are not undertakings, those enterprises that receive water from the public water utilities pay taxes indirectly (see the first paragraph) and are taxed on the basis of their actual water consumption, unlike those enterprises that extract water themselves and are taxed on the basis of the permissible extraction volume without taking their actual consumption into account, owners of private water extraction systems must regularly request extraction permits, since the permit is valid for 10-15 years (15 years in the case of water for irrigation), which can result in excessive taxation, given that the tax is calculated using as a starting point the volume of water that can be extracted rather than the volume that is actually consumed, because the basis for taxation is different for public water utilities and for private water extraction systems, the lower tax paid by enterprises that extract water privately does not necessarily give them an economic advantage, for instance if the volume of precipitation in the course of a year reduces the need for irrigation, meaning that water consumption is less than the volume stated in the permit and on which taxes have been paid. according to data from the jupiter database, which is administered by geus (geological survey of denmark and greenland), in the period 2009-2011 agricultural holdings used only 34 % of the volume for which extraction permits had been granted, while food processing enterprises used 48 % (however, this number is subject to a certain degree of uncertainty, given that primary producers are not required to measure the precise volume of water they extract), while enterprises located in an area supplied by a public utility are entitled to connect to it, enterprises located outside such an area are entitled to establish their own water extraction system. however, the costs of establishing and operating the system as well as any water treatment are their own responsibility, and the same is true of the costs of the quality control which the municipality can require. (28) the danish authorities also stress that the factual situation of the enterprises that are taxable under section 24a is not comparable to the factual situation of the enterprises that are taxable under section 24b or that benefit from the tax exemption under section 24c, for the following reasons: agricultural holdings that extract their own water do not directly compete with the enterprises that are connected to a public water utility. their location means that nearly all of them own their own water extraction system, and even if some of them may be connected to a public water utility, those enterprises that use large volumes of water have a supplementary private extraction permit, ensuring that drinking water from the public water supply is used only for the household, many holdings and enterprises hold a permit for extracting surface water and as such are not subject to the tax on extracting groundwater (13). introducing a lower tax for agricultural holdings that extract groundwater evens out the differences between enterprises that extract groundwater and those that extract surface water and are therefore not subject to the tax, the water quality also varies depending on whether an enterprise is connected to a public water utility or has a permit for private extraction. the public system is required to supply clean drinking water, whereas the amounts of pesticides, nitrates and bacteria in the water from private systems often exceeds the maximum limits, and holders of private permits therefore often have to invest dkk 10 000-50 000 to meet the legal requirements for drinking water. (29) the danish authorities argue that the danish tax scheme does not distinguish between enterprises in different sectors that are in the same situation, but does distinguish between enterprises that own a water extraction system and those that do not. the danish tax scheme does not distinguish between potentially substitutable processes or products placed on a competitive market, given that the extracted water is not subsequently placed on the market. the fact that primary producers, because of their location, cannot freely choose between private extraction and connection to a public utility also means that there is no potentially competitive environment or possibility of substitution between groundwater extracted for irrigation and drinking water supplied by the public utility to enterprises and citizens. (30) in the view of the danish authorities, it can therefore be concluded that the tax imposed on owners of public utilities did not confer a selective advantage on the enterprises entitled to extract their own water inasmuch as, in consideration of the tax's intended objective (protecting drinking water), there were no other enterprises or holdings that were in a comparable factual or legal situation or that were discriminated against. (31) as regards the relationship between the enterprises that are taxable under section 24b and those that are exempted from the tax under section 24c, the danish authorities recognise that those enterprises that are engaged in an economic activity and that have benefited from a tax exemption have enjoyed a competitive advantage as compared to their competitors that paid tax under section 24b. however, they argue that this selectivity only applies with regard to those competitors and not with regard to enterprises that were directly taxed under section 24a nor with regard to enterprises that were indirectly taxed via their water bills from a public utility and that were not in a comparable situation. justification by the nature and inherent logic of the tax system (32) if the commission continues to maintain that the tax as it was applied favours certain undertakings despite the legal and factual differences, the danish authorities are of the opinion that the derogations in the tax system can be justified by the tax system's nature and general scheme, and that the tax scheme therefore does not constitute state aid, even though they again recognise that there was discrimination between the enterprises that were taxed under section 24b and those that were exempted under section 24c. if the commission maintains that the provisions of section 24a are to be seen as the normal tax scheme, and that the measures laid down in sections 24b and 24c constitute selective derogations, these derogations can be justified by the tax system's nature or inherent logic. (33) in that context the danish authorities state that the reduced tax paid by those other than owners of public water utilities can be justified not least by the fact that farmers and other owners of private water extraction systems must cover the costs connected to water extraction themselves and are not entitled to connect to a public utility if they are located outside the utility's supply area. they add that the objective of the tax is to fund efforts to protect and preserve drinking water resources and not to allow farmers to water their crops with drinking water. in the danish authorities' view, this is sufficient to justify the discrimination that follows from the tax scheme and which rests on a series of factual and legal differences that comply with the scheme's objective. (34) with regard to the tax reduction and the ceiling of 25 000 m3 on the calculation base in section 24b, the danish authorities state the following: this measure applied to all enterprises, regardless of size, location or sector, the tax was reduced by two thirds on the basis of assumptions made at the time of introducing the scheme that effectively one third of the volume that was permitted to be extracted would be used. these assumptions have since been supported by data collected after the tax was introduced and showing that in the period 2009-2011 agricultural holdings in the primary sector had a utilisation rate of 34 % (enterprises engaged in the processing and marketing of agricultural products had a utilisation rate of 48 % in the same period, but since agricultural holdings in the primary sector account for more than 90 % of the permits issued, it was decided to apply the rate of 34 % for all beneficiaries in the interests of good administrative management of the system), if the ceiling had not been introduced, the tax in section 24b would have yielded dkk 60 million more than double the amount that the tax in this paragraph was intended to generate in order to fund management planning and the tax would have been less well distributed among farmers (ranging from eur 80 to eur 335 with the ceiling and from eur 40 to eur 35 000 without the ceiling). if the agricultural holdings had had to pay the full tax, instead of one third, the total amount collected just from primary agricultural production would have been dkk 138 million, the ceiling makes it possible to maintain a certain degree of equal treatment between those enterprises that use surface water (free of tax) and those that use groundwater, given that the tax is calculated on the basis of the volume that is permitted to be extracted, and not on effective consumption, some enterprises would have paid a disproportionately high amount without the ceiling, the ceiling makes it possible to impose a fixed amount to be paid by enterprises with permits for extracting more than 25 000 m3 (61 % of agricultural holdings). this means that the advantage affects only the 39 % of enterprises holding permits for extracting less than 25 000 m3 that have only paid part of the standard tax, and for which the advantage amounts to no more than eur 250 per year much less than the de minimis threshold, the ceiling makes it possible to reduce the effect that natural conditions have on enterprises that produce the same products (for instance, weather conditions that have a different effect on the need for irrigation from one area to the next), in the present case, water constitutes a production factor and is not itself a product. the commission concluded in case n 472/2002 (14) on a permanent ceiling on land taxes that the ceiling was justified by the tax system's inherent logic specifically on the basis of the land's key significance as a production factor in the agricultural sector, the ceiling is neither materially nor regionally selective, given that it was applied to all undertakings in all sectors regardless of their size or water consumption, it did not depend on specific criteria (such as geographic criteria) that could exclude certain undertakings, and the authorities did not have discretionary powers to derogate from the rules for calculating the tax (see in this context the commission's decisions in cases n 159/2009 and n 480/2007), if the commission should still be of the opinion that the ceiling is selective, this is justified by the tax system's inherent logic, given that 61 % of holders of permits for private water extraction paid the highest tax under section 24b, and as such this amount should be considered to be the norm. the objective of the tax was to earn revenue for funding joint actions for protecting water, and the ceiling was introduced in order to avoid placing an undue economic burden on the sector and at the same time to ensure that the burden is fairly shared among producers of the same types of products whose need for water is affected by natural conditions (soil characteristics, precipitation), the ceiling can be justified on the basis of the provisions in the commission notice on the application of the state aid rules to measures relating to direct business taxation (15), given that it serves a redistributive purpose (point 24 of the commission notice), does not contain any discretionary elements and is related to a particularly important production factor (point 27 of the commission notice), all of which are circumstances that can justify the tax on the basis of the tax system's nature or inherent logic. in this context the danish authorities again refer to the commission's decision in case n 472/2002 and stress the importance of water as a production factor. (35) as regards the tax exemption in section 24c and the differential treatment of enterprises in the same sector referred to in the opening decision, the danish authorities argue that, on the basis of the tax system's structure, it was logical to grant an exemption from the tax to the many holders of permits for extracting smaller volumes of water, considering the insignificant yields the tax would contribute and the limited impact on water resources. given that the tax was calculated on the basis of the volume that could theoretically be extracted according to the permit, the enterprises only had to pay eur 81 in 2009, eur 84 in 2010 and eur 83 in 2011. moreover, because the vast majority of the extraction permits only concern an average volume of 1 000 m3 per year, the amount of the exemption was only eur 40 for the entire period. in addition, holders of small extraction permits (maximum 6 000 m3) differ in that they are not subject to reporting obligations, with the result that there is no comprehensive register of permits that the tax administration can use. (36) with regard to the question on selectivity, the danish authorities state in conclusion that it is exclusively the exemption in segment 24c that can be considered to be selective, because it favours certain undertakings, but that in any case it is justified by the tax system's nature and inherent logic. they add that even if the commission continues to consider the tax scheme in section 24a as the reference system, this is not a case of discrimination considering the differences in factual and legal circumstances set out above. distortion of competition and effect on trade (37) in their emails dated 12 june 2012 and 7 november 2013 the danish authorities address this issue from two angles: firstly, the tax scheme in section 24a is compared to the schemes in sections 24b and 24c; and secondly; the tax scheme in section 24b is compared to the scheme in section 24c. (38) with regard to the first comparison, the danish authorities stress that if a national measure does not confer a selective advantage, it cannot distort competition or affect trade between member states. having, demonstrated, as they see it, that the tax reduction or exemption does not favour the recipients in relation to other enterprises which can be presumed to be in a comparable factual or legal situation, they consider that there can be no distortion of competition within the meaning of article 107(1) tfeu. (39) with regard to the second comparison, the danish authorities recognise that the enterprises that are exempted from the tax have received an advantage in comparison to other enterprises, but they argue that the value of the exemption is so insignificant that it does not affect competition on the internal market. this is substantiated, in their view, by the fact that no enterprise has submitted any complaint. in addition, the danish authorities are of the opinion that it is for the commission to prove that an aid measure distorts competition. in that context they refer to the judgment of the court of 24 october 1996 in case c-329/93, federal republic of germany, hanseatische industrie-beteiligungen gmbh and bremer vulkan verbund ag v commission of the european communities (16), and in particular paragraph 52, in which it is stated that while in certain cases the very circumstances in which the aid has been granted may show that it is liable to affect trade between member states and to distort competition, the commission must at least set out those circumstances in the statement of the reasons for its decision. according to the danish authorities, in its opening decision the commission simply stated the extent of denmark's trade in agricultural products and it has therefore not sufficiently justified its view that the tax scheme threatens to distort competition and trade on the internal market. to illustrate the exemption's limited value, the danish authorities point out that an enterprise that was granted a tax exemption for the maximum volume (6 000 m3) received aid in the amount of dkk 610 (approximately eur 81) in 2009, dkk 630 (approximately eur 84) in 2010 and dkk 620 (approximately eur 83) in 2011 as compared to enterprises that received a reduction under section 24b. moreover, the majority of the exempted holdings only have extraction permits for 1 000 m3, which makes the value of the exemption even more insignificant. given that the tax was repealed on 1 january 2012, the beneficiary holdings could receive a maximum of eur 250 in aid compared to those that exclusively had the advantage of a reduction. all amounts are below the threshold laid down in the de minimis regulations for both primary agricultural production and food processing and therefore do not distort competition. compatibility (a) primary production (40) the danish authorities state in its analysis that any aid in relation to the tax schemes in sections 24b and 24c is in any case compatible with the internal market. (41) with regard to the tax reduction in section 24b, the danish authorities are of the opinion that points 151 to 159 of the environmental guidelines have been complied with, insofar as the tax is an environmental tax a reduction of which is necessary and proportionate in all scenarios (i.e. regardless of whether the reference system for the analysis is constituted by the tax scheme in section 24a or by the tax scheme in section 24b, in which case the ceiling of 25 000 m3 can be considered to favour holders of an extraction permit for more than 25 000 m3. environmental tax (point 151 of the environmental guidelines) (42) to show that the tax has the characteristics of an environmental tax, the danish authorities refer to the tax scheme's overall objective, namely protecting drinking water. they stress that the danish measure goes further than the obligations under the water framework directive and might not have an equivalent in any other member state. they add that the scheme was set up in such a way that the largest contributors (owners of water utilities) could pass the tax on to users on the basis of their consumption, thereby giving them an incentive to consume less. by introducing tax reductions and exemptions for those who extract their own water, the danish authorities believe that they have been able to tax more effectively the largest consumers of drinking water. necessity of the aid (point 158 of the environmental guidelines) (43) regarding the criterion in point 158(a) of the environmental guidelines (according to which the choice of beneficiaries must be based on clear and objective criteria, and the aid must be granted in principle in the same way for all competitors in the same sector/relevant market if they are in a similar factual situation), the danish authorities dispute the commission's argument that they should have made a distinction between economic operators outside the agricultural sector with water extraction permits and economic operators within the agricultural sector. the aim of the tax scheme is not to distinguish between enterprises within or outside certain sectors; but for the tax in section 24b to apply to all owners of non-public water supply systems with permits to extract more than 6 000 m3 of groundwater per year, regardless of their economic sector. if the ceiling of 25 000 m3 is considered to favour holders of extraction permits for more than 25 000 m3, the criterion of objectivity and clarity in the selection of beneficiaries is clearly met, given that the tax reduction is applied in the same way for all enterprises in the same sector that are in the same factual situation (holders of an extraction permit for more than 25 000 m3 of water). (44) with reference to the criterion of objectivity and clarity prior to the selection of beneficiaries, the danish authorities query why the commission is looking at enterprises in other member states that do not have the same advantage as the danish enterprises receiving a reduction or exemption, given that those foreign enterprises are not subject to the danish tax scheme. they refer to the commission's decision in case c-30/2009 (17), in which the commission found the criteria to be objective and clear. (45) regarding the criterion in point 158(b) of the environmental guidelines (which provides that the environmental tax without reduction must lead to a substantial increase in production costs for each sector or category of individual beneficiaries), the danish authorities quote tax administration figures showing that enterprises in the primary sector paid a total of dkk 26 million in tax per year under section 24b in the period 2009-2010; they argue that these enterprises would have paid approximately dkk 138 million per year if they had been subject to the same tax as owners of public water utilities, i.e. 430 % more for the sector as a whole. the danish authorities provide a numerical example of production costs, which shows that the additional costs per hectare amount to approximately dkk 347, i.e. an increase in production costs of between 4,3 % and 7,7 % depending on the crop. this calculation is based on a hypothetical agricultural holding of 100 hectares with an extraction permit for 1 200 m3 per hectare and that pays a tax of dkk 0,31 per hectare, which, assuming the full tax is paid, would result in a total tax of dkk 37 200 (100 1 200 0,31), i.e. additional costs of dkk 34 700, or dkk 347 per hectare, as the holding would have to pay dkk 2 500 with a ceiling of 25 000 m3 (see section 24b). they are of the opinion that an increase in production costs of up to 8 % is substantial (here they refer to commission decision on state aid n 327/2008 (18), in which an increase in production costs of 3 % was considered substantial) and gives reason to conclude that the criterion in point 158(b) of the environmental guidelines has been met. moreover, the danish authorities are of the opinion that the same logic can be followed in the context of the 25 000 m3 ceiling. without this ceiling, the tax would have resulted in an increase in production costs of between 1,25 % and 2,20 %. while it is true that this is a smaller increase than the one discussed in the decision in case n 327/2008, it must be seen in light of the fact that it is impossible to pass it on to consumers (see the following recital). (46) finally, as regards point 158(c) of the environmental guidelines (according to which the aid is considered necessary if the substantial increase in production costs cannot be passed on to customers without leading to important sales reductions), the danish authorities are of the opinion that regardless of which reference scenario is used as a basis (see recital 41), the primary producers cannot pass the increase in production costs on to the consumers but must cover the loss themselves: firstly, because water used for irrigation in soil needing a great deal of water will be used for widely varying types of crops without improving their quality compared to crops not grown in soil needing irrigation; and secondly, because the relevant products are also imported into denmark in high volumes and the prices are therefore set on the global market, in which danish farmers have a very small market share due to the size of their holdings, and as such it is difficult for them to pass on the additional costs via the sales price. according to the danish authorities, the farmers would have been forced to extract less water if they had had to pay the full tax, resulting in a smaller crop yield and lost income. together with the fallout from the financial crisis, which made farmers even more vulnerable to increasing production costs, this would have distorted competition between farmers with a high need for irrigation and those with a lower or no need for irrigation. proportionality of the aid (section 159 rfg) (47) the danish authorities refer to point 159 of the environmental guidelines, which contains three conditions, at least one of which must be met in order to comply with the proportionality requirement. they rely particularly on point 159(b), given that it is not possible to carry out an ex post inquiry into whether the conditions in sub-points (a) and (c) have been met. according to point 159(b), aid beneficiaries have to pay at least 20 % of the national tax, unless a lower rate can be justified in view of a limited distortion of competition. (48) the danish authorities argue that since the tax in section 24b constitutes one third of the tax in section 24a and enterprises were exempted from paying tax on volumes exceeding the ceiling of 25 000 m3, enterprises with an extraction permit for at least 41 666 m3 paid at least 20 % of the tax in section 24a. however, they also take the view that the water supply companies cannot be considered undertakings under the state aid rules, and that agricultural holdings do not compete either with food processing enterprises or with owners of public water utilities. a comparisons can only be made between enterprises with a permit for water extraction and enterprises that, lacking such a permit, must connect to public utilities. the former were taxed on the basis of the volume they were permitted to extract, while the latter were taxed on the basis of their actual consumption, which makes it difficult to check whether 20 % of the tax was paid. however, if the utilisation rate of permits held by agricultural holdings (34 %) and by processing enterprises (48 %) are looked at together, along with the average volume for which they were issued (respectively 37 000 m3 and 243 000 m3) and the utilisation rate for public utilities (80 %), it emerges that a primary producer (based on actual consumption) has on average paid approximately 45 % of the tax paid by enterprises without an extraction permit, while the figure for processing enterprises is 6 %. if the tax scheme in section 24b is used as a reference scenario, and a comparison is made between holders of an extraction permit for at least 25 000 m3 of water and holders of an extraction permit for more than 25 000 m3, it emerges that 97,5 % of beneficiaries have paid at least 20 % of the normal tax. the danish authorities acknowledge that the criterion of 20 % applies to individual enterprises, but are still of the opinion that the commission ought to take the average into account in its assessment of the proportionality requirement and to consider that prior to 2009 there was no tax on water extraction. according to the danish authorities, if the tax scheme had had no ceiling it would have created a much greater distortion of competition in the agricultural sector, given that the enterprises that had received a permit for extracting large volumes before the tax was introduced would have paid the full tax for that volume, regardless of their actual consumption. finally, agricultural holdings in the other member states are not subject to the same tax as the danish enterprises, and it is therefore difficult to determine how the latter could have gained a competitive advantage. (49) the danish authorities state as their general conclusion that the tax is proportionate, even if not all enterprises paid at least 20 % of the tax. (b) processing of farm products (50) the danish authorities acknowledge that they cannot prove that the criterion of necessity in point 158 of the environmental guidelines was met in all cases where food processing enterprises with extraction permits received aid as a result of the tax reduction in section 24b. however, they are able to prove that by virtue of the tax reduction, the five enterprises with the largest extraction permits received average annual aid with a grant equivalent of between dkk 245 417 (approximately eur 32 700) and dkk 456 217 (approximately eur 60 000) as compared to the enterprises that were connected to a public water utility. they stress, however, that these figures do not give a realistic picture of the beneficiaries' advantage, and that they ought to be considered against the processing enterprises' actual water consumption (the permit utilisation rate was 48 %). by considering them in this way, the grant equivalent is between dkk 143 337 (approximately eur 19 100) and dkk 267 369 (approximately eur 35 650) per year, and it is even lower if the tax in section 24b is applied as a reference scenario. (51) the danish authorities point out that all these figures are under the de minimis threshold of eur 200 000 for aid for the processing of agricultural products. they acknowledge that there may be enterprises that exceed the threshold if all other de minimis aid granted over three financial years is taken into account, but they are of the opinion that in that case the commission ought to consider the aid as compatible with the internal market on the basis of the temporary crisis framework. this framework makes it possible to grant aid of up to eur 500 000 to enterprises that process agricultural products, but the danish authorities have not applied it. according to the danish authorities, an enterprise that has already received eur 200 000 in de minimis aid can still receive eur 300 000 within the context of the temporary crisis framework. exemption (52) the danish authorities state that the tax exemption in section 24c is a derogation from the provisions of section 24b, which can be considered to constitute the reference system. however, if the commission considers that section 24c is a derogation from section 24a, the exemption does not in any case constitute state aid under article 107(1) tfeu, and if the commission considers that the exemption constitutes state aid, it should be considered compatible with the internal market. (53) the danish authorities argue that enterprises entitled to extract at least 6 000 m3 did not receive more than eur 250 in aid if the exemption is considered a derogation from the provisions of section 24b, or more than eur 750 in aid if it is considered a derogation from the provisions of section 24a (the tax in section 24b is only one third of the tax in section 24a). they also point out that the measure is to be assessed on the basis of the applicable de minimis rules, and that the compatibility of any unlawful aid is to be assessed on the basis of the provisions that were applicable at the time the aid was granted. in this context, they again refer to the temporary crisis framework and stress that the commission cannot refuse to apply those guidelines in this case in view of the fact that the aid was not granted within the context of an approved aid scheme, and that the danish authorities had not collected statements from beneficiaries of other de minimis aid as they would have been required to do before applying the relevant measure. should the commission maintain that these formal conditions must be fulfilled, the principles for assessing unlawful aid would become meaningless, since the defining characteristic of non-notified state aid is precisely that the formal conditions for the aid's lawfulness have not been fulfilled. in that case, non-notified aid would never be able to be declared compatible with the internal market, nor would aid exempted from the reporting obligation as a result of a block exemption regulation. (54) therefore the danish authorities are of the opinion that the exemption ought to be declared compatible with the internal market provided that the aid thresholds under the temporary crisis framework (eur 500 000 for food processing enterprises and eur 15 000 for primary producers, including de minimis aid) are not exceeded and that the commission de facto ought to raise the de minimis ceiling when assessing the exemption's compatibility. considering that the aid amounted to between eur 250 and eur 750, the aid thresholds under the temporary crisis framework could not possibly have been exceeded in the period 2009-2011, not even for food processing enterprises and primary producers that had already received the maximum de minimis aid for the same period. the danish authorities acknowledge that the formal conditions for granting de minimis aid or compatible aid under the temporary crisis framework were not fulfilled, but because denmark did not apply the framework at that time, and given that the aid amounts did not exceed eur 750, there is no risk of exceeding the ceilings in the case of subsequent application of the framework. recovery (55) the danish authorities argue that even if the commission were not to accept the arguments claiming that the tax scheme did not involve unlawful and incompatible state aid, it ought not to require recovery of the aid from the beneficiaries, because the aid has a minimal effect on competition, recovery would not restore a normal situation, the beneficiaries had legitimate expectations and it is utterly impossible to carry out a recovery that ensures equal treatment of all enterprises. (56) as far as the first argument is concerned, the danish authorities state that all enterprises that were in the same factual and legal situation were treated equally, and therefore the risk of distorting competition is minimal and purely theoretical. moreover, the tax ceiling for holders of extraction permits has contributed to maintaining a level playing field in e.g. the primary production sector, inasmuch as it prevented a disproportionate increase in production costs for those producers that had a greater need for irrigation. (57) with regard to the second argument, the danish authorities stress that a recovery would not restore the competitive situation prior to 2009, given that the primary producers did not enjoy a competitive advantage as compared to their domestic competitors or competitors in other member states, but only compared to enterprises in other sectors that are supplied with water from a public utility. recovery would have the biggest impact on those with the greatest need for irrigation due to random weather conditions and soil conditions, and it would therefore not be the aid's potential effects on competition but rather purely external factors that would determine the size of the amount recovered. moreover, recovery would have resulted in distortion of competition to the benefit of those able to extract surface water (free of tax) instead of groundwater for the same production, which would be in contravention of the provisions of article 14(2) of council regulation (ec) no 659/1999 (19). finally, a recovery would cause irreparable and disproportionate harm in relation to the measure's limited effect on competition. (58) with regard to the beneficiaries' legitimate expectations, the danish authorities stress that the vast majority of the potential beneficiaries could not possibly have anticipated that the scheme could give them an advantage according to state aid rules, in particular because there are no comparable taxes in other member states. moreover, no danish or foreign enterprises have ever submitted a complaint about the tax scheme. furthermore, given that water extraction permits are normally issued for a period of 10 to 15 years, most beneficiaries had not had a chance to take the tax into account when they applied for a permit, and a recovery on the basis of the permit's size would not take such unpredictable circumstances into account. infeasible to carry out an effective recovery that treats all enterprises equally (59) finally, the danish authorities argue that it would be difficult to carry out an effective recovery, seeing that it is not possible to calculate the grant equivalent for every single beneficiary. this is because it is impossible to determine their actual consumption during the period 2009-2011 ex post. moreover, in denmark there is no common reference framework for calculating the grant equivalent for all enterprises, and the tax that the enterprises using public utilities have paid indirectly varies depending on the utilisation rate of the individual utility, meaning that enterprises in the same category may have been charged different taxes. an effective equalisation would require recalculating the tax on water extraction for all enterprises on the basis of their actual consumption in the period 2009-2011 and on the basis of an arbitrary but uniform rate, with the result that any excess tax would have to be repaid and that enterprises that had not paid enough would have to pay arrears. however, this is not a feasible model, seeing that in most cases it is impossible to determine the exact consumption for enterprises with private extraction. v. comments from the interested party (60) the interested party is of the opinion that this tax scheme does not constitute state aid to those enterprises, given that the tax reductions or exemptions are not selective and do not affect competition. even if the commission were to consider that the scheme constitutes state aid, it is in compliance with the provisions of the environmental guidelines. furthermore, if the state aid should be declared unlawful and incompatible, recovering it would be in contravention of the general principles of law. the farmers could not have anticipated that they received unlawful state aid, and a recovery would be disproportionate, seeing that most producers do not use the entire volume they are permitted to extract. moreover, no enterprise or organisation in denmark or abroad has submitted a complaint stating that the tax differentiation would distort competition. vi. the danish authorities' answer to the interested party's comments (61) the danish authorities stated, by email dated 2 july 2012, that the interested party agreed with them and stressed that the fact that no other enterprise or organisation had sent comments showed that the scheme did not affect competition on the internal market. vii. assessment vii.1. existence of state aid (62) 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 is, in so far as it affects trade between member states, incompatible with the internal market. (63) in the context of the examination procedure, the commission found, on the basis of the available information, that the relevant measure could constitute state aid, given that it was granted by the state (which forwent revenue by conceding a reduction of or exemption from the tax), favoured certain undertakings (primarily agricultural holdings with permits for private extraction that were granted a relief from their financial burden, including in particular those that had the advantage of an exemption rather than a reduction), had the potential to affect trade (20) and threatened to distort competition (21). the commission also stated that there was no guarantee that the measure could be considered compatible with a de minimis aid scheme (see recital 21). the information submitted by the danish authorities still does not enable the commission to conclude that the relevant measure could be considered compatible with a de minimis aid scheme. the danish authorities themselves have stated that for the agricultural product processing sector, the provisions relating to de minimis aid might not have not been complied with (see recital 51). regarding the sector for primary production, the danish authorities have not provided any evidence that the aid granted in the form of reductions or exemptions could not possibly have resulted in the relevant ceilings being exceeded over three financial years. in light of this the commission cannot conclude that the measure can be considered compatible with a de minimis aid scheme. therefore it should be definitively established whether the relevant measure constitutes state aid on the basis of the other applicable state aid rules. existence of a selective advantage (64) to be considered state aid, a measure must be selective and confer an advantage by favouring certain undertakings or the production of certain goods. (65) in the context of tax measures, the selectivity is constituted by a derogation from a reference system. in the case at hand, the danish consolidating act constitutes special tax treatment (a tax reduction or exemption) for holdings with extraction permits for volumes above or below specific levels. prima facie selectivity in the case of tax reduction by one third for holders of an extraction permit (sections 24a and 24b) (66) it follows from recital 64 that in order to be considered state aid, a measure must be selective and favour certain undertakings or the production of certain goods. (67) point 128 of the commission notice on the notion of state aid as referred to in article 107(1) of the treaty on the functioning of the european union (22), which replaces the commission notice on the application of the state aid rules to measures relating to direct business taxation, establishes the principles following from the case-law of the court of justice which state that in order to determine whether a measure constitutes state aid or not under article 107(1) tfeu, it is necessary to determine the common scheme (the reference system), that afterwards it should be examined whether the measure concerned constitutes a derogation from that scheme by distinguishing among different economic operators which are in a comparable factual and legal situation in light of the scheme's intrinsic objective, and finally that it should be determined whether the derogation is justified by the common scheme's nature and overall structure. (68) furthermore, it follows from the case-law of the court of justice (23) that as regards the assessment of the condition of selectivity, which is a constituent factor in the concept of state aid, it is clear from settled case-law that article 87(1) ec requires assessment of whether, under a particular statutory scheme, a state measure is such as to favour certain undertakings or the production of certain goods in comparison with other undertakings which are in a legal and factual situation that is comparable in the light of the objective pursued by the measure in question (24). in this case, therefore, it must be determined whether the enterprises with extraction permits (primarily active in the agricultural sector) that had the advantage of a tax reduction under section 24b were in a factual or legal situation comparable to that of enterprises that were connected to a public utility and paid an indirect tax passed on to them by the owners of the public utility which, according to section 24a, were required to pay the full tax under section 24. in the context of the examination procedure the danish authorities referred specifically to the factual and legal situation by invoking a judgment of the court of justice (see recital 24 and the footnote on page 11) that was not mentioned in footnote 23 but which still refers to the same principles as those in the recital named. moreover, the danish authorities argue that the various rates and the tax base (tax on the volume actually consumed which is collected indirectly from the economic operators as regards section 24a and collected as direct tax on the volume for which a permit was issued, regardless of actual consumption, as regards section 24b and adjusted by section 24c), mean that the economic operators that are indirectly taxed under section 24a are not in a comparable factual and legal situation to those that are directly taxable under section 24b. this would imply that there are two distinct tax schemes (one under section 24a and another under sections 24b and 24c), and that the relevant reference system for determining whether they entail state aid should be the tax scheme under section 24b. (69) the commission notes that the objective of the tax was to collect sufficient revenue for surveys in preparation of management planning for areas that are particularly important to the drinking water supply in denmark. all enterprises that consume water ought therefore in principle to be subject to the same payment obligation. it is therefore the introduction as such of the tax in section 24 that, in combination with the obligation under section 24a for enterprises connected to a public utility to pay the full tax, should form the primary reference point for determining whether the scenarios under sections 24b and 24c entail state aid, regardless of what conclusions are drawn relating to the necessity of applying further reference points for examining any state aid associated with a given scenario. (70) regarding section 24b, any selectivity needs to be assessed at two levels: firstly in the context of payment of a third of the tax under section 24b, and secondly in the context of the tax reduction that follows from the ceiling set on a volume of 25 000 m3 together with the exemption for permits for a maximum of 6 000 m3. (71) as already mentioned, in order to qualify as state aid a measure must be selective and favour certain undertakings or the production of certain goods (see recital 64). as the danish authorities have stated (see recital 24), it also needs to be considered whether, in light of the measure's objective, the relevant measure entails discrimination between enterprises that are in a comparable factual and legal situation based on the case-law of the court of justice (25). (72) in that context the commission particularly points out that according to the information from the danish authorities, the scheme in section 24a constitutes taxation of effective consumption, whereas the tax in section 24b is based on the volume permitted to be extracted (however, the volume of water permitted to be extracted is seldom entirely consumed see the information in the seventh paragraph of recital 27). likewise, the last paragraph of recital 27 and the second and third paragraphs of recital 28 state that the differences in location (inside or outside the area supplied by a public utility) can necessitate different supply methods, and that the water quality varies depending on the scenario, given that the water that is taxed in the first scenario (section 24a) is drinking water, whereas the enterprises in the second scenario, which have to pay tax on groundwater with an eye to funding the protection of drinking water (section 24b), are located side by side with many holdings that are not subject to the tax because they extract surface water and must pay the costs themselves for checking water quality and maintaining water extraction systems, costs which are included in the invoices for the enterprises in the first scenario. (73) a measure's selective character should, however, be assessed in light of the objective to be achieved (see recital 68 and footnote 24), which in the present case is to carry out surveys in preparation of management planning for areas that are particularly important to the drinking water supply. it can therefore be determined that, in consideration of the established objective, all enterprises ought to be subject to the same taxation in order for the measure not to be considered as selective (see recital 69). the commission can therefore only conclude that reducing the tax by two thirds under section 24b is selective. (74) the danish authorities' other arguments do not call this conclusion into question: specifically, the argument in recital 26 relating to the difference in the number of owners of public water utilities and owners of private water supply systems is not sufficient in and of itself to justify the differences in the legal and factual situation covered by the two tax systems, given that in both cases it is the consumers who pay the tax, either indirectly in the first case because it is passed on in the price, or indirectly [sic] in the other case. the argument that owners of public water utilities are not undertakings because they do not exercise an economic activity (see the third and fourth paragraphs of recital 27) is not applicable either, given that the danish authorities themselves stress that an economic activity is defined as offering goods or services, and that water extraction and supply are indeed constituted by offering a service, i.e. they constitute an economic activity. the danish authorities argue, therefore, that it is not the differences in the factual and legal situation between owners of public water extraction systems and owners of private extraction systems that need to be considered, but rather the differences between enterprises that are connected to a public utility and enterprises active in the same sector that own their own extraction system. (75) it should therefore be examined whether the measure, despite the selectivity that follows from its application to specific enterprises, confers an economic advantage on those enterprises. regarding this, the commission notes that the enterprises that pay only one third of the tax are taxed on theoretical consumption as indicated in the extraction permit, whereas the enterprises that pay the full tax are taxed on the basis of actual water consumption. it also points out that according to the danish authorities, the owners of private systems have only consumed one third (34 % see recital 34) of the water volumes that are covered by the extraction permit. in consideration of this fact, the commission finds that the reduction by two thirds of the tax serves to compensate for the effects of the difference between taxation of actual consumption and taxation on the basis of the volume listed in the extraction permit. without this reduction, moreover, the amount collected would have far exceeded the funding needs in connection with surveys of and management planning for areas that are particularly important to the drinking water supply. in consideration of this, the commission concludes that the reduction by two thirds of the tax under section 24b does not constitute an economic advantage for the enterprises concerned and therefore does not constitute state aid under article 107(1) tfeu. (76) it must therefore be determined whether the scenario under section 24b contains an element of aid in the context of the ceiling for the reduced tax set at a volume of 25 000 m3, and in the context of the exemption for permits for a maximum of 6 000 m3. tax ceiling set at 25 000 m3 (77) regarding the existence of state aid in the context of the tax ceiling set at 25 000 m3, the danish authorities cannot invoke the differences in the enterprises' legal and factual situation, given that enterprises with a permit for extracting more than 25 000 m2, which have the advantage of the ceiling, are subject to the same reference system as enterprises with a permit for extracting a maximum of 25 000 m3 (payment of one third of the tax in section 24) which are located in the same area. furthermore, the danish authorities' argument, that the analysis of the degree to which there is an advantage must take as its basis the enterprises that pay taxes on a volume of no more than 25 000 m3, rather than those that hold an extraction permit for more than 25 000 m3 but which exclusively pay tax above 25 000 m3, cannot be accepted, because recital 18 clearly states that, according to section 24b, everyone pays one third of the tax in section 24 as a norm. moreover, setting a ceiling at 25 000 m3 constitutes a lex specialis, which de facto derogates from the principle of paying one third of the tax (inasmuch as the higher the volume of water permitted to be extracted, the lower the tax will be in relative terms). this derogation therefore directly gives rise to selectivity in the scheme, and it confers on enterprises with an extraction permit for more than 25 000 m3 an advantage compared to enterprises with an extraction permit for a maximum of 25 000 m3 even if all the enterprises subject to section 24b are in the same factual and legal situation, given that they all have permits to use a private water extraction system and are subject to the same tax before the ceiling is applied. (78) therefore, more careful consideration should be given to the danish authorities' argument that the ceiling is justified by the tax scheme's inherent logic. currently the relevant case-law is included in the commission notice on the notion of state aid as referred to in article 107(1) of the treaty on the functioning of the european union, but at the time that the aid was granted, the relevant provisions were found in the commission notice on the application of the state aid rules to measures relating to direct business taxation (hereinafter referred to as the former notice). (79) according to point 23 of the former notice, the differential nature of some measures does not necessarily mean that they must be considered to be state aid. this is explained in more detail in point 24, which states that the progressive nature of an income tax scale or profit tax scale is justified by the redistributive purpose of the tax. the danish authorities state that establishing the ceiling at 25 000 m3 follows this logic. (80) the commission does not agree with this view. introducing a tax ceiling for the largest volumes certainly does not bring about a higher tax rate for those holding permits to extract the largest volumes of water. on the contrary, due to the ceiling they can pay an amount that is lower (even significantly lower) than what they would have paid without the ceiling. the redistributive purpose is more or less turned on its head, even if it is interpreted mutatis mutandis, because it is ultimately those holding extraction permits for more than 6 000 m3 and less than 25 000 m3 that pay the most proportionately. therefore, in this case there is no progressive tax scale. (81) nor can the commission accept the danish authorities' reference to point 27 in the notice on the application of the state aid rules to measures relating to direct business taxation (according to which specific provisions that do not contain discretionary elements may be justified by the nature and general scheme of the system where, for example, they take account of specific accounting requirements or of the importance of land in assets which are specific to certain sectors, and therefore they do not constitute state aid); for the same reason it cannot accept the reference to state aid case n 472/2002 (see the last paragraph of recital 34). firstly, the absence of a discretionary element does not automatically mean that there is no selectivity. furthermore, the commission points out that the objective of the land tax ceiling, which case n 472/2002 concerned, was to limit the consequences of the general increase in land values in denmark, which would affect the tax level for all economic operators in the agricultural sector, while in the present case only some of the economic operators in the agricultural sector (those that hold extraction permits for more than 25 000 m3 of water) have benefited from the measure. in the light of the above information, the commission does not consider the conditions in points 24 and 27 of the former notice to have been sufficiently met. therefore the commission concludes that the tax ceiling in section 24b is not justified as a consequence of the system's nature or inherent logic, and that it is therefore selective. tax exemptions for permits for a maximum of 6 000 m3 (82) as regards the full tax exemption for holders of an extraction permit for a maximum of 6 000 m3 per year, the danish authorities themselves acknowledge that the measure is selective in the sense that it confers an advantage on certain enterprises. the danish authorities emphasise, however, the insignificant size of the amount that would have to be paid in the absence of this exemption (see recital 35) and therefore they justify the exemption on the grounds of the scheme's administrative management. the commission notes that the unpaid amounts are very modest, and also acknowledges that collecting insignificant amounts, such as the amounts in this case, would have resulted in a significant administrative burden with disproportionately high costs (administrative measures would have to be taken in connection with approximately 75 000 permits in order to collect individual amounts of approximately eur 40 per year (see recitals 19 and 35). the very objective of a tax scheme, however, is to give a state the opportunity to create revenue, and not to squander resources only to end up not collecting any or even registering a loss. at the same time, the absence of a reporting obligation for smaller permits would have made it necessary to carry out full administrative checks, which, again, would have resulted in significant costs. on that basis, the commission can conclude that the full tax exemption on extraction permits for a maximum of 6 000 m3 is justified by the danish tax system's nature and inherent logic, and that it therefore does not entail selectivity nor does it constitute state aid under article 107(1) tfeu. state resources, imputability to the state and effect on trade and competition between member states in the context of the tax ceiling set at 25 000 m3 (83) the other characteristics of state aid referred to in the opening decision are still present in the context of the tax ceiling set at 25 000 m3. the aid is funded with state resources, given that the state forgoes revenue by establishing a tax ceiling which favours certain undertakings (those with extraction permits for more than 25 000 m3) and which can affect trade in consideration of their large number (see footnote 20) and distort competition (see footnote 21), in particular because beneficiaries were able to use the unpaid amounts for other purposes related to their economic activity. (84) these observations, and in particular the case-law listed in footnote 21, therefore undermine the substance of the danish authorities' comments (see recital 39). (85) finally, the commission cannot agree with the danish authorities' argument that enterprises in the other member states are not subject to the same taxes as danish enterprises and that it is therefore difficult to determine how the latter could have gained a competitive advantage (see recital 48). according to the case-law of the court of justice, it should be observed that, in the application of article 92(1) (26), the point of departure must necessarily be the competitive position existing within the common market (27) before the adoption of the measure in issue (28). therefore it is the situation as it was prior to the tax, and thus also before the ceiling was introduced, that needs to be considered. in that context it can be determined that the introduction as such of the tax and of the ceiling (which de facto corresponds to a reduction of the tax and did not exist before the tax was introduced) favoured certain beneficiaries which were exempted from paying an amount that they have instead been able to use to fund their activities in competition with other economic operators on the market. according to established case-law, the treaty contains detailed rules for removing distortions that typically result from discrepancies among the member states' tax systems. changing a specific cost factor within an economic sector in a member state risks upsetting the balance (in this case in particular, by favouring certain undertakings over others). the court of justice has stated that the fact that a member state seeks to approximate, by unilateral measures, the conditions of competition in a particular sector of the economy to those prevailing in other member states cannot deprive the measures in question of their character as aid. (86) given that it has been shown that the tax ceiling constitutes state aid, it needs to be examined whether that aid can be declared compatible with the internal market. vii.2 internal market compatibility of the aid comprised by the tax ceiling set at 25 000 m3 (87) according to article 107(2) and (3) tfeu, certain measures can be exceptionally considered to be compatible with the internal market. (88) the only derogation that can be invoked in this case is article 107(3)(c), which specifies that aid to facilitate the development of certain economic activities or of certain economic areas may be considered to be compatible, where such aid does not adversely affect trading conditions to an extent contrary to the common interest. (89) in order to apply this derogation, the non-notified aid, which in this case concerns environmental aid in the agricultural sector, must be examined on the basis of the rules that applied at the time the aid was granted (29), in this case on the basis of the community guidelines for state aid in the agriculture and forestry sector 2007 to 2013 (30). (90) according to point 62 of these guidelines, the commission must examine aid measures that do not fall under the guidelines on the basis of the community guidelines on state aid for environmental protection (31) (the environmental guidelines). (91) aid in the form of reductions of or exemptions from environmental tax, such as those under discussion in this case, are subject to the provisions of points 151, 154 and 155 to 159 of the environmental guidelines. environmental taxes are defined in paragraph 70(14) of the 2008 environmental guidelines as a tax whose specific tax base has a clear negative effect on the environment or which seeks to tax certain activities, goods or services so that the environmental costs may be included in their price and/or so that producers and consumers are oriented towards activities which better respect the environment. the tax in this case is in agreement with this definition, seeing that the consumption of water resources can harm the environment if that consumption is not correctly managed (which, incidentally, is the reason why the revenue from the tax is to be used to survey water resources). furthermore, the tax ceiling is considered as resulting in a reduction of the amount that normally ought to have been paid. (92) according to point 151 of the environmental guidelines, aid in the form of reductions of or exemptions from environmental taxes will be considered compatible with the internal market provided that the aid contributes at least indirectly to an improvement in the level of environmental protection and that it does not undermine the general objective pursued by the tax. (93) the commission can accept the danish authorities' argument in recital 42 that the objective of the general tax scheme was to improve the level of environmental protection by taxing the largest consumers of drinking water more effectively, thereby giving them an incentive to reduce their consumption. however, it is still of the opinion that the ceiling laid down in section 24b (which is the relevant section of the scheme, as it contains the aid element to be examined with regard to compatibility with the internal market) risked undermining the general objective of the tax (collecting sufficient revenue to fund surveys of the water resources see recital 69), given that the tax burden is no longer imposed on the biggest consumers, but rather exempts those who hold the largest extraction permits from paying a significant part of the tax. however, given that the provisions of section 24b constitute only one element of the tax mechanism and without the ceiling the amount collected would, according to the information provided by the danish authorities (see the third paragraph of recital 34), have been twice as large as the amount that the tax in section 24b was intended to generate to fund management planning, the commission finds that even though the ceiling does contain an element of state aid as shown above, it does not undermine the general objective of the tax, and the provisions of point 151 of the environmental guidelines are therefore complied with. (94) according to point 154, aid in the form of reductions of or exemptions from environmental taxes other than those referred to in council directive 2003/96/ec (32) is considered to be compatible with the internal market for a period of 10 years provided that the conditions set out in points 155 to 159 are fulfilled. (95) as stated in the opening decision, the criterion of the 10-year period is not relevant in this case. the tax was introduced in 2009 and was intended to be collected until 2017, but it was repealed on 31 december 2011. (96) according to point 155 of the environmental guidelines, when analysing tax schemes which include elements of state aid in the form of reductions of or exemptions from such tax, the commission is to analyse in particular the necessity and proportionality of the aid and its effects at the level of the economic sectors concerned. (97) point 156 specifies that for this purpose the commission is to rely on information provided by member states. information should include, on the one hand, the respective sector(s) or categories of beneficiaries covered by the exemptions or reductions and, on the other hand, the situation of the main beneficiaries in each sector concerned and how the taxation may contribute to environmental protection. the exempted sectors should be properly described and a list of the largest beneficiaries for each sector should be provided. for each sector, information should be provided as to the best performing techniques within the eea regarding the reduction of the environmental harm targeted by the tax. (98) the commission notes that most of these provisions are not relevant with respect to the ceiling in this case. the danish authorities have sent information about the enterprises benefiting from the ceiling on the permitted extraction volumes. it follows from this information that the average volume for which a permit was issued in the primary production sector was approximately 35 600 m3 in 2009, 36 300 m3 in 2010 and 39 000 m3 in 2011. in the agricultural product processing sector the average volumes were approximately 262 000 m3 in 2009, 250 000 m3 in 2010 and 217 000 m3 in 2011. the danish authorities have also submitted a list of some of the processing enterprises with the largest extraction permits, but nevertheless it cannot automatically be stated that these enterprises can be presumed to have benefited the most from the ceiling, given that the ceiling does not concern the volume that is consumed but the volume that, purely theoretically, can be extracted, which means that an enterprise which has only consumed small volumes over the course of the year is in fact not likely to gain a large advantage from the ceiling if it is taxed on the volume it is permitted to extract. the examination of the best performing techniques within the eea for reducing environmental harm is likewise irrelevant, because the eea agreement does not apply to the agricultural sector. also, this case is not about introducing technologies or reducing pollution, but rather involves surveys of water resources with an eye to better management and water extraction. (99) the only criterion in point 156 that is relevant is the way in which the tax contributes to environmental protection. (100) the commission notes in that context that, generally speaking, the tax can contribute to environmental protection by contributing to funding surveys of water resources with an eye to managing them better. (101) moreover, aid in the form of reductions of or exemptions from environmental taxes must be necessary and proportional see point 157 of the environmental guidelines (102) point 158 specifies that the commission considers the aid to be necessary if the following cumulative conditions are met: (a) the choice of beneficiaries must be based on objective and transparent criteria, and the aid must be granted in principle in the same way for all competitors in the same sector/relevant market if they are in a similar factual situation; (b) the environmental tax without reduction must lead to a substantial increase in production costs for each sector or category of individual beneficiaries; (c) the substantial increase in production costs cannot be passed on to customers without leading to important sales reductions. in this respect, member states may provide estimations of, inter alia, the product price elasticity of the sector concerned in the relevant geographic market as well as estimates of lost sales and/or reduced profits for the companies in the sector/category concerned. (103) point 159 specifies that the commission considers the aid to be proportional if one the following conditions is met: (a) the scheme lays down criteria ensuring that each individual beneficiary pays a proportion of the national tax level which is broadly equivalent to the environmental performance of each individual beneficiary compared to the performance related to the best performing technique within the eea. under the aid scheme any undertaking reaching the best performing technique can benefit, at most, from a reduction corresponding to the increase in production costs from the tax, using the best performing technique, and which cannot be passed on to customers. any undertaking having a worse environmental performance is to benefit from a lower reduction, proportionate to its environmental performance; (b) aid beneficiaries pay at least 20 % of the national tax, unless a lower rate can be justified in view of a limited distortion of competition; (c) the reductions or exemptions are conditional on the conclusion of agreements between the member state and the recipient undertakings or associations of undertakings whereby the undertakings or associations of undertakings commit themselves to achieve environmental protection objectives which have the same effect as if point (a) or (b) or the community minimum tax level were applied. such agreements or commitments may relate, among other things, to a reduction in energy consumption, a reduction in emissions or any other environmental measure and must satisfy the following conditions: (i) the substance of the agreements must be negotiated by each member state and must specify in particular the targets and fix a time schedule for reaching the targets; (ii) member states must ensure independent and timely monitoring of the commitments concluded in these agreements; (iii) these agreements must be revised periodically in the light of technological and other developments and stipulate effective penalty arrangements applicable if the commitments are not met. (104) as regards point 158(a) of the environmental guidelines, in answer to the danish authorities' question of why it is relevant to look at enterprises in other member states which do not have the same advantage as the danish enterprises that pay a lower tax or are exempted from it, the commission points out that establishing a ceiling on a tax on an agricultural production factor (water) allows the beneficiaries to avoid paying an amount that they can then use for producing products which are also produced in other member states, which can result in distortion of competition. this saving allows them to reduce production costs, which ultimately can affect the substantial trade in agricultural products in the eu and globally. the decision in case c 30/2009, which the danish authorities refer to (see recital 44), follows the same logic, as can be seen from paragraph 35, where it is stressed that the tax exemption for the product (cement) distorts or threatens to distort competition on the relevant markets where the product concerned competes with other products and can affect trade between member states because cement is traded both within the eu and globally. these considerations, which concern identifying state aid rather than assessing its compatibility, still allow the commission scope for establishing that the choice of beneficiaries is based on an objective and transparent criterion, specifically the possession of an extraction permit for more than 25 000 m3 of water, given that it applies to all enterprises that hold such a permit and are therefore in a comparable factual situation. (105) as regards point 158(b) of the environmental guidelines, the commission can accept the danish authorities' argument that the increase in production costs as a result of paying the full tax (approximately 4-4,7 % see recital 45) in the primary sector can be considered substantial in light of what has been defined in a previous case as a substantial increase. however, this does not apply to the ceiling of 25 000 m3, given that the danish authorities themselves admit that the production costs would only have increased by 1,25-2,20 % without the ceiling, which is much less than what was considered substantial in case n 327/08, to which reference is made. the argument that the condition of a substantial increase in production costs must be seen in relation to the condition of a reduction in sales, because this increase is passed on to consumers, cannot be accepted. point 158 of the environmental guidelines clearly states that all conditions (the choice of beneficiaries on the basis of objective and transparent criteria, a substantial increase in production costs without the tax, and sales reductions because the increase is passed on to customers) must be met, and the fact that the increase cannot be passed on to consumers (see denmark's argument in recitals 45 and 102) does not in any way help determine whether an increase in production costs can be seen as substantial. (106) as regards point 158(c) of the environmental guidelines, the commission notes that the danish authorities have not submitted the information the guidelines refers to. however, this information could have made it possible, much more so than the danish authorities' arguments, to determine whether passing the production costs on to consumers would in actual fact have resulted in a sales reduction, even if the increase is not substantial (see above). the argument that farmers would have been forced to extract less water if they had had to pay the full tax (see recital 46) cannot be accepted, because the tax is calculated on the basis of theoretical consumption (the volume in the permit) and not on the basis of the holding's actual consumption. the danish authorities themselves point out that the holdings do not set the prices, and it is therefore not a valid argument to claim that because the primary producers do not have the option of passing on the increases in production costs, the condition has been met that a substantial increase in production costs cannot be passed on to consumers without resulting in a substantial sales reduction. (107) it is therefore clear that as regards primary production, the danish authorities cannot demonstrate that all the conditions in point 158 of the environmental guidelines have been met, which is a condition for considering the aid as necessary. as regards the agricultural product processing sector, the commission has already stated that reducing the tax by two thirds does not constitute state aid, but has yet to establish whether the tax ceiling meets the relevant conditions in the environmental guidelines. here it must be stressed that recitals 90-100 equally apply to enterprises that process agricultural products. furthermore, the danish authorities themselves acknowledge that it is not possible to document that the condition of necessity under point 158 has been met in each individual case (see recital 50), and that their figures (on the grant equivalent of the aid) do not change this conclusion as the figures do not help determine whether the environmental tax without the reduction (i.e. without the ceiling) would lead to a substantial increase in production costs in the agricultural product processing sector. (108) as regards point 159(a) of the environmental guidelines, the commission finds that the condition of comparing the best performing technique within the eea is not relevant in this case., given that it was already stated in recital 98 that the eea agreement does not apply to the agricultural sector, and this case is not about introducing technologies or reducing pollution, but rather involves surveys of water resources with an eye to better management and water extraction. (109) with regard to point 159(b), the commission notes that the danish authorities themselves acknowledge that some enterprises may have paid less than 20 % of the tax. the danish authorities' argument that the commission ought to take the average into account is unacceptable. from the wording of point 159(b) it is clear that the sole exception to the condition that at least 20 % of the tax must be paid is if the aid causes only limited distortion of competition, and applying an average is in no way sufficient to demonstrate that this is the case. (110) finally, as regards point 159(c), the danish authorities have not provided any information documenting that agreements regarding environmental protection objectives have been concluded. (111) in light of the considerations in recitals 89 to 109, the commission cannot conclude that all relevant conditions in the environmental guidelines have been met, and the doubts it expressed in the opening decision have therefore not been dispelled. (112) with regard to the danish authorities' reference to the temporary crisis framework, the commission found it necessary, in the original version that applied from 17 december 2008, to temporarily authorise limited aid falling under article 87(1) (because it exceeded the de minimis ceiling) and to declare it compatible with the internal market under article 107(3)(c) tfeu, provided that all the following conditions were met: (a) the aid does not exceed a cash grant of eur 500 000 per undertaking; all figures used must be gross, that is, before any deduction of tax or other charge; where aid is awarded in a form other than a grant, the aid's grant equivalent is the basis for the aid amount; (b) the aid is granted in the form of a scheme; (c) the aid is granted to firms which were not in difficulty on 1 july 2008 (whereby firm in difficulty for large companies is a firm as defined in point 2.1 of the community guidelines on state aid for rescuing and restructuring firms in difficulty (33), and for smes it is a firm as defined in article 1(7) of commission regulation (ec) no 800/2008 (34); it may be granted to firms that were not in difficulty at that date but entered in difficulty thereafter as a result of the global financial and economic crisis; (d) the aid scheme does not apply to firms active in the fisheries sector; (e) the aid is not export aid or aid favouring domestic over imported products; (f) the aid is granted no later than 31 december 2010; (g) prior to granting the aid, the member state obtains a declaration from the undertaking concerned, in written or electronic form, about any other de minimis aid and aid pursuant to this measure received during the current fiscal year and checks that the aid will not raise the total amount of aid received by the undertaking during the period from 1 january 2008 to 31 december 2010, to a level above the ceiling of eur 500 000; (h) the aid scheme does not apply to undertakings active in the primary production of agricultural products as defined in article 2(2) of commission regulation (ec) no 1857/2006 (35); it may apply to undertakings active in the processing and marketing of agricultural products as defined in article 2(3) and (4) of that regulation unless the amount of the aid is fixed on the basis of the price or quantity of such products purchased from primary producers or put on the market by the undertakings concerned, or the aid is conditional on being partly or entirely passed on to primary producers. (113) a further condition was attached to these conditions, stating that the temporary aid measures could not be cumulated with de minimis aid granted for the same eligible costs. if an enterprise had already received de minimis aid prior to the entry into force of the temporary crisis framework, the total of the aid under the framework and the de minimis aid could not exceed eur 500 000 in the period from 1 january 2008 to 31 december 2010. (114) on 28 october 2009 the temporary crisis framework was expanded to include primary agricultural production (36). before the aid was granted, the member state was to obtain a declaration from the undertaking concerned, in written or electronic form, about any other de minimis aid and aid pursuant to the relevant measure received during the current fiscal year and check that the aid would not raise the total amount of aid the undertaking received during the period from 1 january 2008 to 31 december 2010 to a level above the ceiling of eur 15 000. aid to enterprises active in the primary production of agricultural products could not be set on the basis of the price or volume of products put on the market. the temporary aid measures could not be cumulated with the de minimis aid granted for the same eligible costs. if an enterprise had already received de minimis aid for primary production prior to the entry into force of the temporary crisis framework, the combined amount of the aid under the framework for primary production and the de minimis aid could not exceed eur 15 000 in the period from 1 january 2008 to 31 december 2010. (115) the temporary crisis framework, which also covers primary production, was extended until 31 december 2011. in order to be eligible for aid, beneficiaries had to not only meet the conditions in recitals 112 (with the exception of the condition in (h)), 113 and 114, but also have submitted a complete application no later than 31 december 2010 under a national aid scheme approved by the commission under the temporary crisis framework (no later than 31 march 2011 as regards enterprises active in primary agricultural production). any national aid scheme under which aid was granted after 31 december 2010 had to be notified by the member state and approved by the commission under article 108(3) tfeu. (116) based on the information which the danish authorities have submitted in the context of the examination procedure, the commission cannot conclude that all the conditions in the temporary crisis framework have been met, for the following reasons: (a) the temporary crisis framework did not apply to primary agricultural production between 17 december 2008 and 28 october 2009. therefore it cannot form the basis for the compatibility of the tax exemption for the sector; (b) the information from the danish authorities still does not make it possible to determine whether the criterion for firms in difficulty has been met; (c) nothing in this information suggests that the criterion in article 107 has been met, which requires statements to have been collected on de minimis aid already received or aid received under the temporary crisis framework; (d) as there are no statements, it is impossible to check whether the ceiling laid down in the temporary crisis framework has been complied with in cases where de minimis aid has also been granted, regardless of the grant equivalent of the exemption, not least because the check on compliance with the de minimis ceiling also needs to be viewed with caution (see recital 63); (e) in order to receive aid within the context of the temporary crisis framework in 2011, beneficiaries had to have submitted, no later than 31 december 2010 (or 31 march 2011 for the primary agricultural production sector), a complete application under a national aid scheme notified to and approved by the commission. the danish authorities themselves acknowledge that at that time they had not made use of the options available under the temporary crisis framework. (117) the non-notified aid pointed out by the danish authorities (see recital 53) is therefore not the only condition in the temporary crisis framework which has not been met. (118) in light of the above, a tax ceiling set at a volume of 25 000 m3 cannot be considered as eligible for a derogation from the treaty's provisions (which in any case should have been a derogation under article 107(3)(b) and not under article 107(3)(c), on the basis of the temporary crisis framework). the danish authorities' other arguments (119) the question of the beneficiaries' legitimate expectations (see recital 58) does not affect the assessment of the ceiling's compatibility with the internal market. the danish authorities must obtain the commission's approval before they introduce an aid scheme. the fact that there is no corresponding tax in the other member states (see recital 58) does not mean that those affected by the ceiling did not receive an advantage. this ceiling meant that, in absolute terms, they had at their disposal extra resources to carry out their business on a competitive market. the fact that no complaints about the scheme have been submitted does not in any way mean that the ceiling does not constitute state aid that is incompatible with the internal market. viii. conclusion (120) the commission finds that reducing the tax by two thirds (see section 24b) does not constitute state aid under article 107(1) tfeu, given that the beneficiaries do not receive an advantage in relation to those paying the full tax under the provisions of section 24a, and that the full exemption under section 24c does not constitute state aid under article 107(1) tfeu on grounds relating to the need for good administrative management of the scheme (the amounts are too insignificant to be recovered). (121) the commission finds, however, that the tax ceiling set at a volume of 25 000 m3 (see section 24b) constitutes state aid under article 107(1) tfeu and that denmark has illegally applied this ceiling in contravention of article 108(3) tfeu. the analysis shows that the aid resulting from the ceiling cannot be declared compatible with the internal market, because the danish authorities have been unable to demonstrate either the necessity and proportionality of a tax ceiling set at 25 000 m3 or the fulfilment of all conditions in the temporary crisis framework. as the doubts expressed in the opening decision have not been dispelled, the commission finds the aid is incompatible with the internal market. ix. recovery (122) the contested measure has been implemented without having been notified in advance to the commission in accordance with article 108(3) tfeu. it therefore constitutes unlawful aid. (123) under article 16(1) of regulation (eu) 2015/1589, where negative decisions are taken in cases of unlawful aid, the commission is to decide that the member state concerned must take all necessary measures to recover the aid from the beneficiaries (in this case, all beneficiaries of the tax ceiling set at 25 000 m3). (124) the danish authorities have presented a series of arguments against carrying out a recovery (see recitals 55 to 59). the commission cannot accept these arguments. (125) the question is not whether the distortion of competition is minimal (see recital 55) but whether it exists. once this has been established, the distortion must be eliminated in such a way that the competitive situation will be restored to how it was before the aid was granted. the court of justice has upheld the principle that the objective of the recovery is specifically to restore the situation that existed on the market before the aid was granted. it has also declared that recovery is the logical consequence of aid having been found to be unlawful (37), and that recovering the aid is therefore not disproportionate in relation to the treaty's provisions concerning state aid (38), contrary to the danish authorities' claim. the argument that no advantage was gained in relation to competitors (see recital 57) is without substance in light of the conclusion concerning the existence of an advantage (recital 64) and the fact that beneficiaries were able to use the unpaid amounts for other purposes (recitals 85 and 119). finally, the danish authorities wrongly claim that recovery will create a distortion of competition in relation to enterprises that extract surface water. the tax only applies to the extraction of groundwater, and therefore it does not concern the extraction of surface water. (126) as regards the question of the beneficiaries' legitimate expectations in recital 58, the commission has already rejected the danish authorities' argument that the vast majority of the potential beneficiaries could not possibly have anticipated that the scheme could give them an advantage according to state aid rules because there are no comparable taxes in other member states (see recital 119). regarding the principle of legitimate expectations referred to by the danish authorities, which is closely linked to the aid's lawfulness, the commission points out that according to established case-law, in principle beneficiaries may only entertain a legitimate expectation that the aid is lawful if it has been granted under the procedure laid down in article 88 teu (currently article 108 tfeu), and a diligent economic operator should normally be able to determine whether that procedure has been followed. if aid is granted without prior notification to the commission, . so that it is unlawful under article 88(3) tec, the recipient of the aid cannot have at that time a legitimate expectation that its grant is lawful (39). (127) denmark must therefore take all necessary measures to recover the incompatible aid from the beneficiaries, regardless of its comments. this case concerns the difference between the amount that ought to have been paid in tax on the basis of the volume for which a permit was granted and the amount that was paid on a volume of 25 000 m3. (128) in accordance with paragraph 42 of the notice from the commission titled towards an effective implementation of commission decisions ordering member states to recover unlawful and incompatible state aid (40), denmark has four months from the decision's entry into force to implement it. interest is to be paid on the amounts to be recovered (see commission regulation (ec) no 794/2004 (41). (129) this decision is to be implemented immediately, except for aid that, at the time it was granted, met all the conditions in the applicable de minimis regulation (see article 2 of council regulation (ec) no 994/98 (42)), has adopted this decision: article 1 the reduction by two thirds of the tax that was introduced by section 24 of consolidating act no 935 of 24 september 2009 (see section 24b) does not constitute state aid under article 107(1) of the treaty on the functioning of the european union. article 2 the ceiling on the calculation base for the tax, set at 25 000 m3 of water (see section 24b of consolidating act no 935 of 24 september 2009), constitutes state aid under article 107(1) of the treaty on the functioning of the european union. article 3 the aid that follows from the tax exemption under section 24c of consolidating act no 935 of 24 september 2009 for extraction permits for a maximum volume of 6 000 m3 does not constitute state aid under article 107(1) of the treaty on the functioning of the european union. article 4 the aid that follows from the ceiling on the calculation base for the tax, set at 25 000 m3 of water (see section 24b of consolidating act no 935 of 24 september 2009), was introduced illegally by denmark in contravention of article 108(3) of the treaty on the functioning of the european union and constitutes aid that is incompatible with the internal market. article 5 the aid that follows from the ceiling on the calculation base for the tax, set at 25 000 m3 of water (see section 24b of consolidating act no 935 of 24 september 2009) does not constitute state aid if, at the time it was granted, it met the conditions of an ordinance adopted under article 2 of regulation (ec) no 994/98 which applied at the time the aid was granted. article 6 1. denmark shall recover the aid referred to in article 4 from the beneficiaries. 2. the sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery. 3. the interest shall be calculated on a compound basis in accordance with chapter v of regulation (ec) no 794/2004. article 7 recovery of the aid referred to in article 4 shall be immediate and effective. denmark shall ensure that this decision is implemented within four months following the date of its notification. article 8 1. within two months following notification of this decision, denmark shall submit the following information: (a) the list of beneficiaries that have received the aid referred to in article 4 and the total amount of aid received by each of them; (b) the total amount (capital and interest) to be recovered from each beneficiary that received aid which cannot be covered by the de minimis rule; (c) a detailed description of the measures already taken and planned to comply with this decision; (d) documents demonstrating that the beneficiary has been ordered to repay the aid. 2. denmark 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 4 has been completed. 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 concerning the amounts of aid and interest already recovered from the beneficiaries. article 9 this decision is addressed to the kingdom of denmark. done at brussels, 16 october 2017. for the commission phil hogan member of the commission (1) with effect from 1 december 2009, articles 87 and 88 of the ec treaty 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 where appropriate. the tfeu also introduced certain changes in terminology, such as the replacement of community by union, common market by internal market and court of first instance by general court. the terminology of the tfeu will be used throughout this decision. (2) the commission's conclusion in this case was that the tax scheme did not constitute state aid. (3) letter sg-greffe (2012) d/5011. (4) oj c 114, 19.4.2012, p. 4. (5) public water utilities refers to public or private systems that supply drinking water to at least ten properties. (6) commission regulation (ec) no 1535/2007 of 20 december 2007 on the application of articles 87 and 88 of the ec treaty to de minimis aid in the sector of agricultural production (oj l 337, 21.12.2007, p. 35). (7) 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). (8) oj c 82, 1.4.2008, p. 1. (9) oj c 319, 27.12.2006, p. 1. (10) oj c 16, 22.1.2009, p. 1. in 2009 this framework was extended to apply to primary agricultural production as well (oj c 261, 31.10.2009, p. 2) and then extended until the end of 2011 for all the sectors where it is applicable (oj c 6, 11.1.2011, p. 5). (11) judgment of the court (third chamber) of 22 december 2008, british aggregates v commission, c-487/06 p, ecli:eu:c:2008:757, paragraph 82. (12) judgment of the court (fifth chamber) of 8 november 2001, adria-wien pipeline gmbh and wietersdorfer & peggauer zementwerke gmbh v finanzlandesdirektion f r k rnten, c-143/99, ecli:eu:c:2001:598, paragraph 42; and judgment of the court (third chamber) of 8 september 2011, european commission v kingdom of the netherlands, c-279/08, paragraph 62, ecli:eu:c:2011:551. (13) the maximum volume of surface water that can be extracted annually is approximately 188 million m3, of which 13 million m3 can be used for primary production (approximately 500 holdings), which is predominantly used for irrigation. the largest permit in terms of irrigation was for 270 000 m3 per year in the period 2009-2011 and the largest in terms of livestock farming was for 511 000 m2 per year. (14) decision c(2003) 777 final com amended (see decision c(2003) 1224 final). (15) oj c 384, 10.12.1998, p. 3. (16) judgment of the court (sixth chamber) of 24 october 1996, federal republic of germany, hanseatische industrie-beteiligungen gmbh and bremer vulkan verbund ag v commission of the european communities, joined cases c-329/93, c-62/95 and c-63/95, ecli:eu:c:1996:394. (17) oj c 105, 24.4.2010, p. 3. (18) c(2009) 8093 final. (19) council regulation (ec) no 659/1999 of 22 march 1999 laying down detailed rules for the application of article 108 of the treaty on the functioning of the european union (oj l 83, 27.3.1999, p. 1). this regulation was repealed by 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). (20) the statistics on trade in the eu show that danish imports of agricultural products in 2011 accounted for eur 6,886 billion, while exports accounted for eur 9,223 billion. in 2013 the figures were eur 7,811 billion and eur 9,408 billion, respectively. for beverages the figures were eur 271,9 million and eur 547,3 million, respectively. (21) according to the case-law of the court of justice, the mere fact that an enterprise's competitive position is improved by gaining an advantage which it could not have gained under normal market conditions and which other competing enterprises do not have is sufficient to bring about a distortion of competition (case 730/79, philip morris holland bv v commission of the european communities, ecli:eu:c:1980:209). (22) oj c 262, 19.7.2016, p. 1. (23) see judgment of the court (fifth chamber) of 8 november 2001, adria-wien pipeline gmbh and wietersdorfer & peggauer zementwerke gmbh v finanzlandesdirektion f r k rnten, c-143/99, ecli:eu:c:2001:598 (footnote 13), paragraph 41; judgment of the court (fifth chamber) of 29 april 2004, gil insurance ltd and others v commissioners of customs and excise, c-308/01, ecli:eu:c:2004:252, paragraph 68; judgment of the court (second chamber) of 3 march 2005, wolfgang heiser v finanzamt innsbruck, c-172/03, ecli:eu:c:2005:130, paragraph 40; and judgment of the court (grand chamber) of 6 september 2006, portuguese republic v commission, c-88/03, ecli:eu:c:2006:511, paragraph 54. (24) see in this context the judgment of the court (grand chamber) of 6 september 2006, portuguese republic v commission, c-88/03, ecli:eu:c:2006:511 (footnote 26). (25) see footnote 23. (26) currently article 107(1) tfeu. (27) currently the internal market. (28) judgement of the court of justice of 2 july 1974, italy v commission, c-173/73, ecli:eu:c:1974:71, paragraph 17. (29) see point 733 of the guidelines for state aid in the agricultural and forestry sectors and in rural areas 2014 to 2020 (oj c 204, 1.7.2014, p. 1). (30) oj c 319, 27.12.2006, p. 1. the guidelines have since been extended until 30 june 2014 by the commission communication of 20 november 2013 (oj c 339, 20.11.2013, p. 1). (31) oj c 82, 1.4.2008, p. 1. (32) council directive 2003/96/ec of 27 october 2003 restructuring the community framework for the taxation of energy products and electricity (oj l 283, 31.10.2003, p. 51). (33) oj c 244, 1.10.2004, p. 2. (34) commission regulation (ec) no 800/2008 of 6 august 2008 declaring certain categories of aid compatible with the common market in application of articles 87 and 88 of the treaty (general block exemption regulation) (oj l 214, 9.8.2008, p. 3). (35) commission regulation (ec) no 1857/2006 of 15 december 2006 on the application of articles 87 and 88 of the treaty to state aid to small and medium-sized enterprises active in the production of agricultural products and amending regulation (ec) no 70/2001 (oj l 358, 16.12.2006, p. 3). (36) the maximum aid amount was set at eur 15 000 per enterprise. (37) judgment of the court of 10 june 1993, commission v hellenic republic, c-183/91, ecli:eu:c:1993:233, paragraph 16. (38) judgment of the court of 4 april 1995, commission v italian republic, c-348/93, ecli:eu:c:1995:95, paragraph 27. (39) judgment of the general court (first chamber, extended composition) of 22 april 2016, ireland and aughinish alumina ltd v commission, joined cases t-50/06 renv ii and t-69/06 renv ii, ecli:eu:t:2016:227, paragraph 230 [sic]. (40) oj c 272, 15.11.2007, p. 4. (41) 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). (42) council regulation (ec) no 994/98 of 7 may 1998 on the application of articles on the application of articles 107 and 108 of the treaty on the functioning of the european union to certain categories of horizontal state aid (oj l 142, 14.5.1998, p. 1).

name: council decision (eu) 2018/881 of 18 june 2018 requesting the commission to submit a study on the union's options for addressing the findings of the aarhus convention compliance committee in case accc/c/2008/32 and, if appropriate in view of the outcomes of the study, a proposal for a regulation of the european parliament and of the council amending regulation (ec) no 1367/2006 type: decision subject matter: international affairs; environmental policy; information and information processing; eu institutions and european civil service; justice; european union law date published: 2018-06-19 19.6.2018 en official journal of the european union l 155/6 council decision (eu) 2018/881 of 18 june 2018 requesting the commission to submit a study on the union's options for addressing the findings of the aarhus convention compliance committee in case accc/c/2008/32 and, if appropriate in view of the outcomes of the study, a proposal for a regulation of the european parliament and of the council amending regulation (ec) no 1367/2006 the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 241 thereof, having regard to the interinstitutional agreement of 13 april 2016 on better law-making (1), and in particular paragraph 10 thereof on the application of articles 225 and 241 tfeu, whereas: (1) on 17 february 2005, the convention on access to information, public participation in decision-making and access to justice in environmental matters (2) (the aarhus convention) was approved, on behalf of the european community, by way of council decision 2005/370/ec (3). the aarhus convention contributes to the union's environmental policy objectives, as laid down in article 191 tfeu. (2) the union implemented the obligations of the aarhus convention with regard to its institutions and bodies, in particular by way of regulation (ec) no 1367/2006 of the european parliament and of the council (4). (3) in line with the non-confrontational, non-jurisdictional and consultative nature of the system of compliance review provided for in article 15 of the aarhus convention, the aarhus convention compliance committee (the committee) was established. the committee has the competence to review the parties' compliance with the aarhus convention. (4) on 17 march 2017, the union received the findings of the committee in case accc/c/2008/32 regarding access to justice at union level (the findings). in paragraph 123 of the findings, the committee reached the conclusion that the party concerned fails to comply with article 9, paragraphs 3 and 4, of the convention with regard to access to justice by members of the public because neither the aarhus regulation, nor the jurisprudence of the cjeu implements or complies with the obligations arising under those paragraphs. on the basis of the findings, the bureau of the aarhus convention prepared draft decision vi/8f concerning compliance by the european union with its obligations under the convention (draft decision vi/8f). (5) on 17 july 2017, the council adopted decision (eu) 2017/1346 (5) on the position to be taken by the union at the sixth session of the meeting of the parties to the aarhus convention (mop) with regard to draft decision vi/8f. the union's position was to accept draft decision vi/8f subject to a number of amendments thereto. (6) on 14 september 2017, at the sixth session of the mop held in budva, montenegro, the mop discussed, inter alia, draft decision vi/8f but did not agree with the union proposals to amend it in line with decision (eu) 2017/1346. in the absence of agreement, the mop decided to postpone the discussion on this draft decision until its next ordinary session in 2021. (7) the budva declaration on environmental democracy for our sustainable future, also adopted by the mop on 14 september 2017, calls on the parties to, and signatories of, the aarhus convention to provide effective and equal access to justice for all in line with the requirements of the aarhus convention. (8) on 15 and 16 november 2017 respectively, the european parliament adopted a resolution on an action plan for nature, people and the economy, and a resolution on the eu environmental implementation review (eir) which both call, inter alia, on the commission to submit a new legislative proposal reviewing regulation (ec) no 1367/2006, in order to take account of the committee recommendation regarding case accc/c/2008/32. (9) at the sixth session of the mop, the union expressed its willingness to explore ways and means to comply with the aarhus convention in a way that is compatible with the fundamental principles of the union legal order and with its system of judicial review. the union should take concrete steps in that direction, by requesting the commission to submit a study on the union's options for addressing the findings of the committee in case accc/c/2008/32. it appears possible to amend regulation (ec) no 1367/2006 in such a way that the union's system of judicial review would not be altered, in particular by widening the category of union acts in respect of which internal review could be requested. (10) the union continues to fully support the important objectives of the aarhus convention, has adopted this decision: article 1 1. the council requests the commission to submit, by 30 september 2019, a study on the union's options for addressing the findings of the aarhus convention compliance committee in case accc/c/2008/32 (the study) to explore ways and means to comply with the aarhus convention in a way that is compatible with the fundamental principles of the union legal order and with its system of judicial review. 2. the study shall cover the legal, financial and human resources implications of different options, including amending regulation (ec) no 1367/2006. article 2 1. the council requests the commission to submit, by 30 september 2020, if appropriate in view of the outcomes of the study, a proposal for a regulation of the european parliament and of the council amending regulation (ec) no 1367/2006, or otherwise to inform the council on other measures required as a follow-up to the study. 2. in accordance with usual practice, the council requests the commission to ensure that the proposal is accompanied by an impact assessment. article 3 this decision shall enter into force on the day of its publication in the official journal of the european union. done at luxembourg, 18 june 2018. for the council the president r. porodzanov (1) oj l 123, 12.5.2016, p. 1. (2) oj l 124, 17.5.2005, p. 4. (3) council decision 2005/370/ec of 17 february 2005 on the conclusion, on behalf of the european community, of the convention on access to information, public participation in decision-making and access to justice in environmental matters (oj l 124, 17.5.2005, p. 1). (4) regulation (ec) no 1367/2006 of the european parliament and of the council of 6 september 2006 on the application of the provisions of the aarhus convention on access to information, public participation in decision-making and access to justice in environmental matters to community institutions and bodies (oj l 264, 25.9.2006, p. 13). (5) council decision (eu) 2017/1346 of 17 july 2017 on the position to be adopted, on behalf of the european union, at the sixth session of the meeting of the parties to the aarhus convention as regards compliance case accc/c/2008/32 (oj l 186, 19.7.2017, p. 15).

name: council decision (eu) 2018/826 of 28 may 2018 on the conclusion of the agreement for scientific and technological cooperation between the european union and the republic of lebanon setting out the terms and conditions for the participation of the republic of lebanon in the partnership for research and innovation in the mediterranean area (prima) type: decision subject matter: asia and oceania; research and intellectual property; cooperation policy; international affairs; european construction; regions and regional policy; natural environment; health date published: 2018-06-06 6.6.2018 en official journal of the european union l 140/1 council decision (eu) 2018/826 of 28 may 2018 on the conclusion of the agreement for scientific and technological cooperation between the european union and the republic of lebanon setting out the terms and conditions for the participation of the republic of lebanon in the partnership for research and innovation in the mediterranean area (prima) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 186, 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) decision (eu) 2017/1324 of the european parliament and of the council (2) provides for the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states. (2) the republic of lebanon (lebanon) expressed its wish to join prima as a participating state and on an equal footing with the member states and third countries associated to horizon 2020 the framework programme for research and innovation (2014-2020) participating in prima. (3) in accordance with article 1(2) of decision (eu) 2017/1324 lebanon is to become a participating state in prima subject to the conclusion of an international agreement for scientific and technological cooperation with the union setting out the terms and conditions for the participation of lebanon in prima. (4) in accordance with council decision (eu) 2018/467 (3) the agreement for scientific and technological cooperation between the european union and the republic of lebanon setting out the terms and conditions for the participation of the republic of lebanon in the partnership for research and innovation in the mediterranean area (prima) (the agreement), was signed on 27 february 2018, subject to its conclusion at a later date. (5) the agreement should be approved, has adopted this decision: article 1 the agreement for scientific and technological cooperation between the european union and the republic of lebanon setting out the terms and conditions for the participation of the republic of lebanon in the partnership for research and innovation in the mediterranean area (prima) is hereby approved on behalf of the union (4). article 2 the president of the council shall, on behalf of the union, give the notification provided for in article 5(2) of the agreement (5). article 3 this decision shall enter into force on the date of its adoption. done at brussels, 28 may 2018. for the council the president e. karanikolov (1) consent of 17 april 2018 (not yet published in the official journal). (2) decision (eu) 2017/1324 of the european parliament and of the council of 4 july 2017 on the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states (oj l 185, 18.7.2017, p. 1). (3) council decision (eu) 2018/467 of 25 september 2017 on the signing, on behalf of the union, and provisional application of the agreement for scientific and technological cooperation between the european union and the republic of lebanon setting out the terms and conditions for the participation of the republic of lebanon in the partnership for research and innovation in the mediterranean area (prima) (oj l 79, 22.3.2018, p. 1). (4) the agreement has been published in oj l 79, 22.3.2018, p. 3, together with the decision on signature. (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 implementing decision (cfsp) 2018/819 of 1 june 2018 implementing decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea type: decision_impl subject matter: european construction; international affairs; asia and oceania; civil law date published: 2018-06-04 4.6.2018 en official journal of the european union l 137/25 council implementing decision (cfsp) 2018/819 of 1 june 2018 implementing decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea 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 (cfsp) 2016/849 of 27 may 2016 concerning restrictive measures against the democratic people's republic of korea and repealing decision 2013/183/cfsp (1), and in particular article 33(1) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 27 may 2016, the council adopted decision (cfsp) 2016/849. (2) on 23 may 2018, the united nations security council (unsc) committee established pursuant to unsc resolution 1718 (2006) amended the listing of an entity subject to restrictive measures. (3) annex i to decision (cfsp) 2016/849 should therefore be amended accordingly, has adopted this decision: article 1 annex i to decision (cfsp) 2016/849 is amended as set out in the annex to this decision. article 2 this decision shall enter into force on the date of its publication in the official journal of the european union. done at brussels, 1 june 2018. for the council the president e. zaharieva (1) oj l 141, 28.5.2016, p. 79. annex in annex i to decision (cfsp) 2016/849, entry 74 under the heading b. entities is replaced by the following: 74. weihai world-shipping freight 419-201, tongyi lu, huancui qu, weihai, shandong 264200, china 30.3.2018 ship and commercial manager of the xin guang hai, a vessel that on loaded coal at taean, dprk on october 27, 2017 and had an eta of november 14, 2017 to cam pha, vietnam, but it did not arrive.

name: commission implementing decision (eu) 2018/820 of 31 may 2018 granting a derogation requested by the netherlands pursuant to council directive 91/676/eec concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document c(2018) 3222) type: decision_impl subject matter: farming systems; means of agricultural production; deterioration of the environment; environmental policy; european union law; cultivation of agricultural land; europe date published: 2018-06-04 4.6.2018 en official journal of the european union l 137/27 commission implementing decision (eu) 2018/820 of 31 may 2018 granting a derogation requested by the netherlands pursuant to council directive 91/676/eec concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document c(2018) 3222) (only the dutch text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 91/676/eec of 12 december 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (1), and in particular the third subparagraph of paragraph 2 of annex iii thereto, whereas: (1) directive 91/676/eec aims to protect waters against pollution caused by nitrates from agricultural sources by, among other measures, limiting the application of livestock manure to land. if a member state intends to allow an amount of manure per hectare that is different from the amount specified in the first sentence of the second subparagraph of paragraph 2 of annex iii to directive 91/676/eec, that amount is to be fixed so as not to prejudice the achievement of the objectives of the directive and is to be justified on the basis of objective criteria, such as long growing seasons and crops with high nitrogen uptake. the justification is to be examined by the commission. (2) on 8 december 2005, the commission adopted decision 2005/880/ec (2) granting a derogation requested by the netherlands pursuant to directive 91/676/eec for the purpose of allowing the application of grazing livestock manure up to a limit of 250 kg nitrogen per hectare per year on farms with at least 70 % grassland. (3) on 5 february 2010, the commission adopted decision 2010/65/eu (3), amending decision 2005/880/ec and extending the derogation until 31 december 2013. (4) on 16 may 2014, the commission adopted implementing decision 2014/291/eu (4). in that decision the netherlands was granted a derogation pursuant to directive 91/676/eec to allow the application of grazing livestock manure on farms with at least 80 % grassland up to a limit of 230 kg nitrogen per hectare per year for farms on southern and central sandy soils and on loess soils and up to a limit of 250 kg nitrogen per hectare per year for farms on other soils. the derogation concerned 19 564 farms in 2016, corresponding to 47 % of the total net agricultural area in the netherlands. (5) on 31 january 2018, the netherlands submitted to the commission a request, under the third subparagraph of paragraph 2 of annex iii to directive 91/676/eec, for a renewal of the derogation for the period 2018 to 2021. (6) the netherlands applies, in conformity with article 3(5) of directive 91/676/eec, an action programme throughout its whole territory. (7) the dutch legislation implementing directive 91/676/eec includes application standards both for nitrogen and phosphate. (8) according to the data provided by the dutch authorities, in the period 2012 to 2015, the number of cattle and pigs in the netherlands increased by 2,3 % and 0,8 % respectively as compared to the period 2008 to 2011. the number of poultry in the netherlands increased by 2,4 % for the same period. since 2006, dutch legislation (5) sets limitations on the number of pigs and poultry. moreover, since january 2015, dutch legislation (6) requires that an appropriate share of surplus manure from the dairy sector is processed. in addition, a system of phosphate production rights for dairy cattle has just been introduced (7) in the netherlands. all of those measures aim at preventing pollution of water bodies. (9) in the period 2012 to 2015, nitrogen use from livestock manure in the netherlands was 416 000 tonnes, which was a decrease of 4,4 % as compared to the period 2008 to 2011 (8). the use of chemical n fertiliser in the netherlands increased by approximately 4,3 % in the period 2012 to 2015 compared to the period 2008-2011 (9). (10) according to the scientific underpinning provided by the dutch authorities, the climate in the netherlands, characterised by an annual rainfall evenly distributed throughout the year and a relatively narrow annual temperature range, promotes a long grass-growing season of 250 days per year. (11) moreover, the information provided by the dutch authorities in the context of the previous derogation granted by implementing decision 2014/291/eu indicates that derogation has not led to a deterioration of the dutch water bodies. for instance, the nitrate concentration in the water leaving the root zone on monitored holdings covered by authorisations has decreased since 2006 and was in average in 2015 and 2016 below 50 mg/l. (12) the data reported by the netherlands under article 10 of directive 91/676/eec shows that for the period 2012 to 2015, approximately 88 % of the groundwater monitoring stations in the netherlands had mean nitrate concentrations below 50 mg/l and that 79 % of those monitoring stations had mean nitrate concentrations below 25 mg/l. the data also shows that for the period 2012 to 2015, 99 % of the surface water monitoring stations in the netherlands had mean nitrate concentrations below 50 mg/l and that 96 % of those monitoring stations had mean nitrate concentrations below 25 mg/l. the data indicates a stable or decreasing trend in nitrate concentration in groundwater and surface water compared to the period 2008 to 2011. nevertheless, in the reporting period 2012 to 2015, 60 % of the freshwaters were eutrophic, 13 % potentially eutrophic and 27 % not eutrophic. (13) after examination of the request from the netherlands in accordance with the third subparagraph of paragraph 2 of annex iii to directive 91/676/eec and in the light of the 6th dutch action programme and the experience gained from the derogation provided for in implementing decision 2014/291/eu, the commission considers that the amount of grazing livestock manure proposed by the netherlands, corresponding to 230 kg nitrogen per hectare per year on farms with at least 80 % grassland on southern and central sandy soils and on loess soils and 250 kg nitrogen per hectare per year on farms with at least 80 % grassland on other soils, will not prejudice the achievement of the objectives of directive 91/676/eec, subject to certain strict conditions being met by the netherlands, and is justified on the basis of objective criteria. (14) the netherlands should ensure that the pressure on water bodies as a consequence of growing livestock numbers and the associated manure production does not increase. to that end the netherlands should ensure that total manure production, both in terms of nitrogen and phosphorus, does not increase beyond the level of the year 2002. new legislation implementing the 6th dutch action programme should therefore provide for a binding manure production ceiling which is not to be exceeded and which can be invoked against individual farmers where needed. (15) the authorisations to individual farmers is subject to certain conditions that are aimed at ensuring fertilisation at farm level based on crop needs and reduction and prevention of nitrogen and phosphorus losses to water. those conditions should therefore include requirements that a fertiliser plan has been established at farm level, that fertiliser practices are recorded through fertiliser accounts, that periodic soil analysis are carried out, that green cover is applied in winter after maize, that specific provisions on grass ploughing are complied with, that no manure is applied before grass ploughing, that the fertilisation takes into account the contribution of leguminous crops, and that no phosphate from chemical fertilisers is applied to the land. (16) over the recent years the implementation by the netherlands of their manure management policy, including compliance with implementing decision 2014/291/eu, has suffered some setbacks leading to a situation where there are concerns over possible fraud. this exceptional situation requires the netherlands to step up its efforts in preventing fraud in the implementation of its manure policy. while the 6th action programme already provides for measures aimed at reinforcing the control and inspections with a view to improving overall compliance with the rules of the dutch manure policy, additional efforts need to be deployed to foster effective implementation and full compliance. those efforts should include the establishment of an enhanced enforcement strategy, taking into account also the provisions of directive 2008/99/ec of the european parliament and of the council (10). the strategy should be based on an independent assessment of compliance with the rules on dutch manure policy and contain specific measures aiming at further strengthening inspections and controls and a clear methodology to establish sufficiently dissuasive penalties and sanctions. it is therefore justified to limit the duration of the derogation so that it expires on 31 december 2019 in order to enable the netherlands to fully implement the enhanced enforcement strategy. the netherlands may submit, in accordance with the second subparagraph of paragraph 2 of annex iii to directive 91/676/eec, a request for a new derogation for a subsequent period. (17) directive 2000/60/ec of the european parliament and of the council (11) provides for a comprehensive, cross-border approach to water protection organised around river basin districts (rbds), with the objective of achieving good status for european bodies of water. reducing nutrients is an integral part of that objective. granting of a derogation under this decision is without prejudice to the provisions of directive 2000/60/ec and does not exclude that additional measures may be needed to fulfil obligations derived from that directive. (18) directive 2007/2/ec of the european parliament and of the council (12) lays down general rules aimed at the establishment of the infrastructure for spatial information in the union for the purposes of environmental policies of the union and policies or activities of the union which may have an impact on the environment. where applicable, the spatial information collected in the context of this decision should be in line with the provisions set out in that directive. in order to reduce the administrative burden and enhance data coherence, the netherlands, when collecting the necessary data under this decision should, where appropriate, make use of the information generated under the integrated administration and control system established pursuant to chapter ii of title v of regulation (eu) no 1306/2013 of the european parliament and of the council (13). (19) the measures provided for in this decision are in accordance with the opinion of the nitrates committee set up pursuant to article 9 of directive 91/676/eec, has adopted this decision: article 1 derogation the derogation requested by the netherlands by letter of 31 january 2018, for the purpose of allowing application to the land of a higher amount of nitrogen from grazing livestock manure than that provided for in the first sentence of the second subparagraph of paragraph 2 of annex iii to directive 91/676/eec, is granted, subject to the conditions laid down in this decision. granting of a derogation under this decision is without prejudice to the provisions of directive 2000/60/ec. article 2 scope this derogation applies to grassland farms for which an authorisation has been granted in accordance with article 6. article 3 definitions for the purpose of this decision, the following definitions shall apply: (1) grassland farm means any holding where at least 80 % of the acreage available for manure application is grass; (2) grazing livestock means cattle (with the exclusion of veal calves), sheep, goats, horses, donkeys, deer, and water buffalo; (3) farm land means the acreage owned, rented or managed by the farmer under a written individual contract and on which the farmer has a direct management responsibility; (4) grass means permanent grassland or temporary grassland which lies less than five years; (5) fertilisation plan means a calculation of the planned use and availability of nutrients; (6) fertilisation account means the nutrient balance based on the real use and uptake of nutrients. (7) southern and central sandy soils means soils indicated as southern and central sandy soils under the dutch legislation implementing the nitrates directive (8) loess soils means soils indicated as loess soils under the dutch legislation implementing the nitrates directive article 4 general conditions for the derogation the derogation is granted on the following conditions: (1) the netherlands shall monitor the amount of manure produced and shall ensure that manure production at national level both in terms of nitrogen and phosphorus will not increase beyond the level of the year 2002 corresponding to 504,4 million kg of nitrogen and 172,9 million kg of phosphate. (2) the netherlands shall establish an enhanced enforcement strategy aiming at strengthening the compliance with the rules on dutch manure policy and at ensuring that any information pointing at situations of non-compliance is followed up effectively. the enhanced enforcement strategy shall, as a minimum, include the following elements: (a) an independent assessment of the scale and scope of cases of deliberate non-compliance with the national rules on manure. this assessment should be carried out by the competent national authorities responsible for inspections of the national manure rules together with the competent national authorities responsible for investigating and prosecuting offences of a criminal nature; (b) an identification of the areas of manure handling and management with higher risk of deliberate non-compliance with the national rules on manure; (c) a strengthening of the capacity for inspections and controls, which is at least equal to 40 % of the capacity required for the field inspections of grassland farms covered by authorisations referred to in article 10(2), including random, and a better targeting of that capacity to risk areas of manure handling and management; (d) a clear methodology for establishing sufficiently effective, proportionate and dissuasive penalties and sanctions. the enhanced enforcement strategy shall be put in place and notified to the commission by 30 september 2018 at the latest and shall be revised, if needed, on the basis of the findings made in the context of the measures referred to in points (a) to (d). article 5 applications for authorisation 1. grassland farmers may submit an application for an annual authorisation to apply grazing livestock manure containing up to 230 kg nitrogen per hectare per year for southern and central sandy soils and loess soils or up to 250 kg nitrogen per hectare per year for other soils to the competent authorities. 2. together with the application referred to in paragraph 1, the applicant shall submit a written declaration that he fulfils the conditions laid down in articles 7 and 8 and that he accepts that the fertiliser application as well as the fertilisation plan and the fertilisation account referred to in article 7, may be subject to control. article 6 granting of authorisations authorisations to apply an amount of grazing livestock manure on grassland farms, including manure excreted by the animals themselves, containing up to 230 kg nitrogen per hectare per year for southern and central sandy soils and loess soils or up to 250 kg nitrogen per hectare per year for other soils, shall be granted subject to the conditions laid down in articles 7 and 8. article 7 conditions regarding application of manure and other fertilisers 1. the amount of manure from grazing livestock applied to the land each year on grassland farms, including by the animals themselves, shall not exceed the amount of manure containing 230 kg nitrogen per hectare per year on southern and central sandy soils and on loess soils and 250 kg nitrogen per hectare per year on other soils, subject to the conditions laid down in paragraphs 2 to 8. the total nitrogen and phosphate inputs shall comply with the nutrient demand of the crop and the supply from the soil. they shall not exceed the maximum application standards established in the 6th dutch action programme. 2. phosphate from chemical fertilisers shall not be used. 3. a fertilisation plan shall be prepared and kept at the grassland farm. the fertilisation plan shall describe the crop rotation of the farmland and the planned application of manure and other nitrogen and phosphate fertilisers. the fertilisation plan for the first calendar year shall be available at the grassland farm by 30 june at the latest. the fertilisation plan for the subsequent calendar years shall be available at the grassland farm by 28 february at the latest. 4. the fertilisation plan shall include the following elements: (a) the number of livestock on the grassland farm, a description of the housing and manure storage system, including the volume of manure storage available; (b) a calculation of the manure nitrogen (less losses in housing and storage) and phosphorus produced on the grassland farm; (c) the crop rotation plan, which must specify the acreage of individual fields with grass and other crops, including a sketch map indicating the location of individual fields; (d) the foreseeable nitrogen and phosphorus crop requirements; (e) the amount and the type of manure delivered to contractors and therefore not used on the grassland farm; (f) the amount of imported manure used on the grassland farm; (g) a calculation of the contribution from organic matter mineralisation, leguminous crops and atmospheric deposition and amount of nitrogen present in the soil at the moment when the crop starts to use it to a significant degree; (h) a calculation of nitrogen and phosphorus application from manure for each field (parcels of the grassland farm that are homogeneous regarding cropping and soil type); (i) a calculation of nitrogen application from chemical and other fertilisers for each field; (j) calculations for assessment of compliance with the maximum application standards for nitrogen and phosphorus established in the 6th dutch action programme. the fertilisation plan shall be revised no later than seven days following any changes in agricultural practices at the grassland farm. 5. a fertilisation account for each calendar year shall be prepared and kept for each grassland farm. it shall be submitted to the competent authority by 31 march of the following calendar year. 6. the fertilisation account shall include the following elements: (a) the crop acreages; (b) the number and type of livestock; (c) the manure production per animal; (d) the amount of fertilisers imported by the grassland farm; (e) the amount of manure delivered to contractors and therefore not used on the grassland farm and the name of those contractors. 7. periodic nitrogen and phosphorus analysis in soil shall be performed at least every four years for each homogeneous area of the farm, with regard to crop rotation and soil characteristics. one analysis per five hectares of land shall be required as a minimum. in case grassland is ploughed for grassland renewal, the statutory nitrogen application standard set in the 6th dutch action programme shall be reduced by 50 kg n/ha on sandy and loessial soils after 31 may of each calendar year. in case grassland is ploughed for the cultivation of maize on sandy or loessial soil, the statutory nitrogen application standard set in the 6th dutch action programme for maize shall be reduced by 65 kg n/ha. 8. manure shall not be spread in the autumn before grass cultivation. article 8 conditions regarding land management 1. on sand and loess soil, grass or other crops ensuring soil coverage during the winter shall be cultivated after maize. 2. catch crops shall not be ploughed before 1 february. 3. grass on sandy and loessial soils shall only be ploughed in spring, except for ploughing grassland for grassland renewal, which may be done until 31 august at the latest. 4. ploughed grass on all soil types shall be followed immediately by a crop with high nitrogen demand and fertilisation shall be based on soil analysis concerning mineral nitrogen and other parameters providing references for estimate of nitrogen release from soil organic matter mineralisation. 5. where crop rotation includes leguminous or other plants fixing atmospheric nitrogen, fertiliser application shall be reduced accordingly. 6. by way of derogation from paragraph 3, grass ploughing is permitted in autumn for planting flower bulbs. article 9 monitoring 1. the competent authorities shall ensure that maps are drawn up showing the following: (a) the percentage of the grassland farms in each municipality which are covered by authorisations; (b) the percentage of the livestock in each municipality which is covered by authorisations; (c) the percentage of the agricultural land in each municipality which is covered by authorisations. those maps shall be updated every year. 2. the competent authorities shall establish and maintain a monitoring network for sampling of soil water, streams, shallow groundwater and drainage water at monitoring sites in grassland farms covered by an authorisation. that monitoring network shall provide data on nitrate and phosphorus concentration in water leaving the root zone and entering the groundwater and surface water system. 3. the monitoring network shall comprise at least 300 farms covered by authorisations and shall be representative of each soil type (clay, peat, sandy, and sandy loessial soils), the fertilisation practices and the crop rotation. the composition of the monitoring network shall not be modified during the period of applicability of this decision. 4. the competent authorities shall carry out a survey and a continuous nutrient analysis that provide data on local land use, crop rotations and agricultural practices on grassland farms covered by authorisations. those data may be used for model-based calculations of the magnitude of nitrate leaching and phosphorus losses from fields where up to 230 kg or up to 250 kg nitrogen per hectare per year of manure from grazing livestock is applied. 5. the competent authorities shall conduct reinforced water monitoring in agricultural catchments in sandy soils. article 10 controls and inspections 1. the competent authorities shall carry out administrative controls in respect of all applications for authorisation for the assessment of compliance with the conditions set out in articles 7 and 8. where it is demonstrated that those conditions are not fulfilled, the application shall be refused and the applicant shall be informed of the reasons for the refusal. the competent authorities shall carry out administrative controls for at least 5 % of the grassland farms covered by authorisations with regard to land use, livestock number and manure production. 2. the competent authorities shall establish a programme for field inspections of grassland farms covered by authorisations on a risk basis and with appropriate frequency, taking account of the results of controls of the previous years and the results of general random controls of legislation implementing directive 91/676/eec and any other information that might indicate non-compliance with the conditions set out in articles 7 and 8. field inspections shall be carried out in at least 5 % of the grassland farms covered by authorisations to assess compliance with the conditions set out in articles 7 and 8. those inspections shall be complemented by the inspections and controls referred to in article 4(2)(c). 3. where it is established in any year that a grassland farm covered by an authorisation did not fulfil the conditions set out in articles 7 and 8, the holder of the authorisation shall be sanctioned in accordance with national rules and shall not be eligible for an authorisation the following year. 4. the competent authorities shall be granted the necessary powers and means to verify compliance with the conditions for an authorisation granted under this decision. article 11 reporting 1. the competent authorities shall, every year by 30 june at the latest, submit a report to the commission containing the following information: (a) data related to fertilisation in all grassland farms which are covered by authorisations, including information on yields and soil types; (b) trends in livestock numbers for each livestock category in the netherlands and in grassland farms covered by an authorisation, (c) trends in national manure production as far as nitrogen and phosphate in manure are concerned; (d) a summary of the results of controls related to excretion coefficients for pig and poultry manure at national level; (e) the maps referred to in article 9(1); (f) the results of water monitoring, including information on water quality trends for groundwater and surface water, as well as the impact on water quality of the derogation granted in this decision; (g) the information on nitrate and phosphorus concentration referred to in article 9(2); (h) the results from the reinforced water monitoring referred to in article 9(5); (i) the results of the surveys on local land use, crop rotations and agricultural practices referred to in article 9(4); (j) the results of the model-based calculations referred to in article 9(4); (k) an evaluation of the implementation of the conditions for the authorisations set out in articles 7 and 8 on the basis of controls carried out at farm level, and information on non-compliant farms, on the basis of the results of the administrative controls and inspections referred to in article 10; (l) the results of the enhanced enforcement strategy referred to in article 4, in particular as regards the reduction in non-compliance cases. 2. the spatial data contained in the report shall, where applicable, fulfil the provisions of directive 2007/2/ec. in collecting the necessary data, the netherlands shall make use, where appropriate, of the information generated under the integrated administration and control system set up in accordance with article 67(1) of regulation (eu) no 1306/2013. article 12 period of application this decision shall apply until 31 december 2019. article 13 addressee this decision is addressed to the kingdom of the netherlands. done at brussels, 31 may 2018. for the commission karmenu vella member of the commission (1) oj l 375, 31.12.1991, p. 1. (2) commission decision 2005/880/ec of 8 december 2005 granting a derogation requested by the netherlands pursuant to council directive 91/676/eec concerning the protection of waters against pollution caused by nitrates from agricultural sources (oj l 324, 10.12.2005, p. 89). (3) commission decision 2010/65/eu of 5 february 2010 amending decision 2005/880/ec granting a derogation requested by the netherlands pursuant to council directive 91/676/eec concerning the protection of waters against pollution caused by nitrates from agricultural sources (oj l 35, 6.2.2010, p. 18). (4) commission implementing decision 2014/291/eu of 16 may 2014 granting a derogation requested by the netherlands pursuant to council directive 91/676/eec concerning the protection of waters against pollution caused by nitrates from agricultural sources (oj l 148, 20.5.2014, p. 88). (5) dutch fertiliser act (meststoffenwet), articles 19 and 20 (6) dutch fertiliser act (meststoffenwet), articles 33a-33d. (7) dutch fertiliser act (meststoffenwet), article 21b. (8) eurostat, june 2017 (9) eurostat, june 2017 (10) directive 2008/99/ec of the european parliament and of the council of 19 november 2008 on the protection of the environment through criminal law (oj l 328, 6.12.2008, p. 28). (11) directive 2000/60/ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy (oj l 327, 22.12.2000, p. 1). (12) directive 2007/2/ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community (inspire) (oj l 108, 25.4.2007, p. 1). (13) regulation (eu) no 1306/2013 of the european parliament and of the council of 17 december 2013 on the financing, management and monitoring of the common agricultural policy and repealing council regulations (eec) no 352/78, (ec) no 165/94, (ec) no 2799/98, (ec) no 814/2000, (ec) no 1290/2005 and (ec) no 485/2008 (oj l 347, 20.12.2013, p. 549).

name: council decision (eu) 2018/817 of 22 may 2018 on the position to be adopted, on behalf of the european union, within the eea joint committee concerning the amendment of annex ix (financial services) to the eea agreement (emir level 2 acts) type: decision subject matter: international affairs; free movement of capital; technology and technical regulations; european construction; financial institutions and credit date published: 2018-06-04 4.6.2018 en official journal of the european union l 137/7 council decision (eu) 2018/817 of 22 may 2018 on the position to be adopted, on behalf of the european union, within the eea joint committee concerning the amendment of annex ix (financial services) to the eea agreement (emir level 2 acts) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 114 in conjunction with article 218(9) thereof, having regard to council regulation (ec) no 2894/94 of 28 november 1994 concerning arrangements for implementing the agreement on the european economic area (1), and in particular article 1(3) thereof, having regard to the proposal from the european commission, whereas: (1) the agreement on the european economic area (2) (the eea agreement) entered into force on 1 january 1994. (2) pursuant to article 98 of the eea agreement, the eea joint committee may decide to amend, inter alia, annex ix to that agreement, which contains provisions on financial services. (3) the following acts concern financial services and are to be incorporated into the eea agreement: commission delegated regulation (eu) no 148/2013 (3), commission delegated regulation (eu) no 149/2013 (4), commission delegated regulation (eu) no 150/2013 (5), commission delegated regulation (eu) no 151/2013 (6), commission delegated regulation (eu) no 152/2013 (7), commission delegated regulation (eu) no 153/2013 (8), commission delegated regulation (eu) no 876/2013 (9), commission delegated regulation (eu) no 1002/2013 (10), commission delegated regulation (eu) no 1003/2013 (11), commission delegated regulation (eu) no 285/2014 (12), commission delegated regulation (eu) no 667/2014 (13), commission implementing regulation (eu) no 1247/2012 (14), commission implementing regulation (eu) no 1248/2012 (15), commission implementing regulation (eu) no 1249/2012 (16), commission implementing regulation (eu) no 484/2014 (17), commission delegated regulation (eu) 2015/1515 (18), commission delegated regulation (eu) 2015/2205 (19), commission delegated regulation (eu) 2016/592 (20), commission delegated regulation (eu) 2016/1178 (21), commission delegated regulation (eu) 2017/104 (22), commission delegated regulation (eu) 2017/751 (23), and commission implementing regulation (eu) 2017/105 (24). (4) annex ix to the eea agreement should therefore be amended accordingly. (5) the position of the union within the eea joint committee should therefore be based on the attached draft decisions, has adopted this decision: article 1 the position to be adopted, on behalf of the union, within the eea joint committee on the proposed amendment of annex ix (financial services) to the eea agreement shall be based on the draft decisions of the eea joint committee attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 22 may 2018. for the council the president e. karanikolov (1) oj l 305, 30.11.1994, p. 6. (2) oj l 1, 3.1.1994, p. 3. (3) commission delegated regulation (eu) no 148/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories (oj l 52, 23.2.2013, p. 1). (4) commission delegated regulation (eu) no 149/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on indirect clearing arrangements, the clearing obligation, the public register, access to a trading venue, non-financial counterparties, and risk mitigation techniques for otc derivatives contracts not cleared by a ccp (oj l 52, 23.2.2013, p. 11). (5) commission delegated regulation (eu) no 150/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards specifying the details of the application for registration as a trade repository (oj l 52, 23.2.2013, p. 25). (6) commission delegated regulation (eu) no 151/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data (oj l 52, 23.2.2013, p. 33). (7) commission delegated regulation (eu) no 152/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on capital requirements for central counterparties (oj l 52, 23.2.2013, p. 37). (8) commission delegated regulation (eu) no 153/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on requirements for central counterparties (oj l 52, 23.2.2013, p. 41). (9) commission delegated regulation (eu) no 876/2013 of 28 may 2013 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on colleges for central counterparties (oj l 244, 13.9.2013, p. 19). (10) commission delegated regulation (eu) no 1002/2013 of 12 july 2013 amending regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to the list of exempted entities (oj l 279, 19.10.2013, p. 2). (11) commission delegated regulation (eu) no 1003/2013 of 12 july 2013 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to fees charged by the european securities and markets authority to trade repositories (oj l 279, 19.10.2013, p. 4). (12) commission delegated regulation (eu) no 285/2014 of 13 february 2014 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on direct, substantial and foreseeable effect of contracts within the union and to prevent the evasion of rules and obligations (oj l 85, 21.3.2014, p. 1). (13) commission delegated regulation (eu) no 667/2014 of 13 march 2014 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to rules of procedure for penalties imposed on trade repositories by the european securities and markets authority including rules on the right of defence and temporal provisions (oj l 179, 19.6.2014, p. 31). (14) commission implementing regulation (eu) no 1247/2012 of 19 december 2012 laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (oj l 352, 21.12.2012, p. 20). (15) commission implementing regulation (eu) no 1248/2012 of 19 december 2012 laying down implementing technical standards with regard to the format of applications for the registration of trade repositories according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (oj l 352, 21.12.2012, p. 30). (16) commission implementing regulation (eu) no 1249/2012 of 19 december 2012 laying down implementing technical standards with regard to the format of the records to be maintained by central counterparties according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (oj l 352, 21.12.2012, p. 32). (17) commission implementing regulation (eu) no 484/2014 of 12 may 2014 laying down implementing technical standards with regard to the hypothetical capital of a central counterparty according to regulation (eu) no 648/2012 of the european parliament and of the council (oj l 138, 13.5.2014, p. 57). (18) commission delegated regulation (eu) 2015/1515 of 5 june 2015 amending regulation (eu) no 648/2012 of the european parliament and of the council as regards the extension of the transitional periods related to pension scheme arrangements (oj l 239, 15.9.2015, p. 63). (19) commission delegated regulation (eu) 2015/2205 of 6 august 2015 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on the clearing obligation (oj l 314, 1.12.2015, p. 13). (20) commission delegated regulation (eu) 2016/592 of 1 march 2016 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on the clearing obligation (oj l 103, 19.4.2016, p. 5). (21) commission delegated regulation (eu) 2016/1178 of 10 june 2016 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on the clearing obligation (oj l 195, 20.7.2016, p. 3). (22) commission delegated regulation (eu) 2017/104 of 19 october 2016 amending delegated regulation (eu) no 148/2013 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories (oj l 17, 21.1.2017, p. 1). (23) commission delegated regulation (eu) 2017/751 of 16 march 2017 amending delegated regulations (eu) 2015/2205, (eu) 2016/592 and (eu) 2016/1178 as regards the deadline for compliance with clearing obligations for certain counterparties dealing with otc derivatives (oj l 113, 29.4.2017, p. 15). (24) commission implementing regulation (eu) 2017/105 of 26 october 2016 amending implementing regulation (eu) no 1247/2012 laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (oj l 17, 21.1.2017, p. 17 as corrected in oj l 19, 25.1.2017, p. 97). draft decision of the eea joint committee no of amending annex ix (financial services) to the eea agreement the eea joint committee, having regard to the agreement on the european economic area (the eea agreement), and in particular article 98 thereof, whereas: (1) commission delegated regulation (eu) no 148/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories (1) is to be incorporated into the eea agreement. (2) commission delegated regulation (eu) no 149/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on indirect clearing arrangements, the clearing obligation, the public register, access to a trading venue, non-financial counterparties, and risk mitigation techniques for otc derivatives contracts not cleared by a ccp (2) is to be incorporated into the eea agreement. (3) commission delegated regulation (eu) no 150/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards specifying the details of the application for registration as a trade repository (3) is to be incorporated into the eea agreement. (4) commission delegated regulation (eu) no 151/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data (4) is to be incorporated into the eea agreement. (5) commission delegated regulation (eu) no 152/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on capital requirements for central counterparties (5) is to be incorporated into the eea agreement. (6) commission delegated regulation (eu) no 153/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on requirements for central counterparties (6) is to be incorporated into the eea agreement. (7) commission delegated regulation (eu) no 876/2013 of 28 may 2013 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on colleges for central counterparties (7) is to be incorporated into the eea agreement. (8) commission delegated regulation (eu) no 1002/2013 of 12 july 2013 amending regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to the list of exempted entities (8) is to be incorporated into the eea agreement. (9) commission delegated regulation (eu) no 1003/2013 of 12 july 2013 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to fees charged by the european securities and markets authority to trade repositories (9) is to be incorporated into the eea agreement. (10) commission delegated regulation (eu) no 285/2014 of 13 february 2014 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on direct, substantial and foreseeable effect of contracts within the union and to prevent the evasion of rules and obligations (10) is to be incorporated into the eea agreement. (11) commission delegated regulation (eu) no 667/2014 of 13 march 2014 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to rules of procedure for penalties imposed on trade repositories by the european securities and markets authority including rules on the right of defence and temporal provisions (11) is to be incorporated into the eea agreement. (12) commission implementing regulation (eu) no 1247/2012 of 19 december 2012 laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (12) is to be incorporated into the eea agreement. (13) commission implementing regulation (eu) no 1248/2012 of 19 december 2012 laying down implementing technical standards with regard to the format of applications for the registration of trade repositories according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (13) is to be incorporated into the eea agreement. (14) commission implementing regulation (eu) no 1249/2012 of 19 december 2012 laying down implementing technical standards with regard to the format of the records to be maintained by central counterparties according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (14) is to be incorporated into the eea agreement. (15) commission implementing regulation (eu) no 484/2014 of 12 may 2014 laying down implementing technical standards with regard to the hypothetical capital of a central counterparty according to regulation (eu) no 648/2012 of the european parliament and of the council (15) is to be incorporated into the eea agreement. (16) annex ix to the eea agreement should therefore be amended accordingly, has adopted this decision: article 1 annex ix to the eea agreement shall be amended as follows: 1. the following is added in point 31bc (regulation (eu) no 648/2012 of the european parliament and of the council): , as amended by: 32013 r 1002: commission delegated regulation (eu) no 1002/2013 of 12 july 2013 (oj l 279, 19.10.2013, p. 2).; 2. the following is inserted after point 31bcai (commission delegated regulation (eu) 2015/2042): 31bcb. 32012 r 1247: commission implementing regulation (eu) no 1247/2012 of 19 december 2012 laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (oj l 352, 21.12.2012, p. 20). the provisions of the implementing regulation shall, for the purposes of this agreement, be read with the following adaptation: in article 5, as regards the efta states: (i) paragraphs 1 and 2 shall read as follows: 1. derivative contracts shall be reported: (a) within six months of the date of entry into force of decision of the eea joint committee no / of [this decision], where a trade repository for that particular derivative class has been registered under article 55 of regulation (eu) no 648/2012 before the date of entry into force of decision of the eea joint committee no / of [this decision]; (b) 90 days after the registration of a trade repository for a particular derivative class under article 55 of regulation (eu) no 648/2012, where there is no trade repository registered for that particular derivative class before or on the date of entry into force of decision of the eea joint committee no / of [this decision], but in any event no earlier than six months after the date of entry into force of decision of the eea joint committee no / of [this decision]; (c) within six months of the date of entry into force of decision of the eea joint committee no / of [this decision], where there is no trade repository registered for that particular derivative class under article 55 of regulation (eu) no 648/2012 six months after the date of entry into force of decision of the eea joint committee no / of [this decision]. the reporting obligation shall commence on this date and contracts shall be reported to esma in accordance with article 9(3) of that regulation until a trade repository is registered for that particular derivative class. ; (ii) in paragraphs 3 and 4, the words 16 august 2012 shall read the date of entry into force of decision of the eea joint committee no 206/2016 of 30 september 2016. . 31bcc. 32012 r 1248: commission implementing regulation (eu) no 1248/2012 of 19 december 2012 laying down implementing technical standards with regard to the format of applications for the registration of trade repositories according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (oj l 352, 21.12.2012, p. 30). 31bcd. 32012 r 1249: commission implementing regulation (eu) no 1249/2012 of 19 december 2012 laying down implementing technical standards with regard to the format of the records to be maintained by central counterparties according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (oj l 352, 21.12.2012, p. 32). 31bce. 32013 r 0148: commission delegated regulation (eu) no 148/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories (oj l 52, 23.2.2013, p. 1). 31bcf. 32013 r 0149: commission delegated regulation (eu) no 149/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on indirect clearing arrangements, the clearing obligation, the public register, access to a trading venue, non-financial counterparties, and risk mitigation techniques for otc derivatives contracts not cleared by a ccp (oj l 52, 23.2.2013, p. 11). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptation: in article 12, as regards the efta states: (i) the words and including 28 february 2014 shall read six months after the date of entry into force of decision of the eea joint committee no / of [this decision] ; (ii) the words after 28 february 2014 shall read after six months of the date of entry into force of decision of the eea joint committee no / of [this decision] ; (iii) the words and including 31 august 2013 shall read five months after the date of entry into force of decision of the eea joint committee no / of [this decision] ; (iv) the words after 31 august 2013 shall read after five months of the date of entry into force of decision of the eea joint committee no / of [this decision] ; (v) the words and including 31 august 2014 shall read six months after the date of entry into force of decision of the eea joint committee no / of [this decision] ; (vi) the words after 31 august 2014 shall read after six months of the date of entry into force of decision of the eea joint committee no / of [this decision] . 31bcg. 32013 r 0150: commission delegated regulation (eu) no 150/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards specifying the details of the application for registration as a trade repository (oj l 52, 23.2.2013, p. 25). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptation: the words or the efta surveillance authority, as the case may be, shall be inserted after the word esma . 31bch. 32013 r 0151: commission delegated regulation (eu) no 151/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data (oj l 52, 23.2.2013, p. 33). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptations: (a) article 2(3) shall apply as regards the efta states subject to the content and entry into force of a decision of the eea joint committee incorporating regulation (ec) no 713/2009 of the european parliament and of the council of 13 july 2009 establishing an agency for the cooperation of the energy regulators. (b) in article 3, as regards the efta states: (i) in paragraph 1, the words the union as referred to in article 75 shall read its efta state of establishment as referred to in article 81(3)(h) ; (ii) in paragraph 2, the words esma as referred to in article 76 shall read its efta state of establishment as referred to in article 81(3)(k) . 31bci. 32013 r 0152: commission delegated regulation (eu) no 152/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on capital requirements for central counterparties (oj l 52, 23.2.2013, p. 37). 31bcj. 32013 r 0153: commission delegated regulation (eu) no 153/2013 of 19 december 2012 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on requirements for central counterparties (oj l 52, 23.2.2013, p. 41). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptation: in article 2(i), the words union currency shall be replaced by the words official currency of a contracting party to the eea agreement . 31bck. 32013 r 0876: commission delegated regulation (eu) no 876/2013 of 28 may 2013 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on colleges for central counterparties (oj l 244, 13.9.2013, p. 19). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptation: the words union currencies shall be replaced by the words official currencies of contracting parties to the eea agreement . 31bcl. 32013 r 1003: commission delegated regulation (eu) no 1003/2013 of 12 july 2013 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to fees charged by the european securities and markets authority to trade repositories (oj l 279, 19.10.2013, p. 4). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptations: (a) in article 1, as regards the efta states, the words or the efta surveillance authority, as the case may be, shall be inserted after the words the european securities and markets authority (esma) . (b) in articles 2 and 4, the words or the efta surveillance authority, as the case may be, shall be inserted after the word esma . (c) in article 10(2): (i) as regards the efta states, the word esma shall read the efta surveillance authority ; (ii) the following subparagraph shall be added: when, as regards trade repositories established in the efta states, the efta surveillance authority is to reimburse the registration fee paid, esma shall without delay make available the amounts to be reimbursed to a trade repository to the efta surveillance authority for that purpose. . (d) in article 11: (i) the following subparagraph shall be added in paragraph 1: when, as regards trade repositories established in the efta states, the efta surveillance authority is to send the invoices for the instalments, esma shall inform the efta surveillance authority of the calculations necessary as regards each trade repository sufficiently in advance of the respective payment date. ; (ii) in paragraph 2, as regards the efta states, the word esma shall read the efta surveillance authority . (e) in article 13: (i) in paragraph 1, the words only esma shall be replaced by the words only esma or, as regards trade repositories established in the efta states, the efta surveillance authority ; (ii) in paragraph 2, the words or the efta surveillance authority, as the case may be, shall be inserted after the word esma . 31bcm. 32014 r 0285: commission delegated regulation (eu) no 285/2014 of 13 february 2014 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on direct, substantial and foreseeable effect of contracts within the union and to prevent the evasion of rules and obligations (oj l 85, 21.3.2014, p. 1). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptation: in article 4, as regards the efta states, the words 10 october 2014 shall read six months after the date of entry into force of decision of the eea joint committee no / of [this decision] . 31bcn. 32014 r 0484: commission implementing regulation (eu) no 484/2014 of 12 may 2014 laying down implementing technical standards with regard to the hypothetical capital of a central counterparty according to regulation (eu) no 648/2012 of the european parliament and of the council (oj l 138, 13.5.2014, p. 57). 31bco. 32014 r 0667: commission delegated regulation (eu) no 667/2014 of 13 march 2014 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to rules of procedure for penalties imposed on trade repositories by the european securities and markets authority including rules on the right of defence and temporal provisions (oj l 179, 19.6.2014, p. 31). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptations: (a) in article 1, as regards the efta states, the words the european securities and markets authority (esma) and esma shall read the efta surveillance authority . (b) in article 2, as regards the efta states, the words and the efta surveillance authority shall be inserted after the word esma . (c) in article 3, as regards the efta states: (i) in paragraph 1, the words and the efta surveillance authority shall be inserted after the word esma ; (ii) the words inform the efta surveillance authority thereof. the efta surveillance authority shall, without undue delay, shall be inserted after the words it shall in paragraphs 2, 4 and 5 and before the words decide to close the case in paragraph 3; (iii) in the second subparagraph of paragraph 4 and in the third sentence of the first subparagraph of paragraph 5, the words , before preparing a draft for the efta surveillance authority, or the efta surveillance authority shall be inserted after the word esma ; (iv) in the third subparagraph of paragraph 4 and in the second subparagraph of paragraph 5, the words or, as the case may be, the efta surveillance authority shall be inserted after the word esma ; (v) in paragraph 6, the word esma shall read the efta surveillance authority . (d) in article 4, as regards the efta states: (i) in the first subparagraph, the word esma shall read the efta surveillance authority ; (ii) in the fourth subparagraph, the words or, as the case may be, the efta surveillance authority shall be inserted after the word esma . (e) in article 5, as regards the efta states: (i) the words or, as the case may be, the efta surveillance authority shall be inserted after the words if so requested, esma ; (ii) the words esma has sent a statement of findings shall read the efta surveillance authority has sent a statement of findings . (f) in article 6, as regards the efta states: (i) in paragraphs 1 and 4, the word esma shall read the efta surveillance authority ; (ii) in paragraph 3, the words or, as the case may be, the efta surveillance authority shall be inserted after the word esma ; (iii) in paragraph 5, the following subparagraph shall be added: the limitation period for imposing fines and periodic penalty payments shall be suspended for as long as the decision of the efta surveillance authority is the subject of proceedings pending before the efta court in accordance with article 35 of the agreement between the efta states on the establishment of a surveillance authority and a court of justice. . (g) in article 7, as regards the efta states: (i) the word esma shall read the efta surveillance authority ; (ii) in paragraph 5(b), the words esma board of appeal, in accordance with article 58 of regulation (eu) no 1095/2010 of the european parliament and of the council, and the court of justice of the european union, in accordance with article 69 of regulation (eu) no 648/2012 shall read the efta court in accordance with article 35 of the agreement between the efta states on the establishment of a surveillance authority and a court of justice . article 2 the texts of delegated regulations (eu) no 148/2013, (eu) no 149/2013, (eu) no 150/2013, (eu) no 151/2013, (eu) no 152/2013, (eu) no 153/2013, (eu) no 876/2013, (eu) no 1002/2013, (eu) no 1003/2013, (eu) no 285/2014 and (eu) no 667/2014 and implementing regulations (eu) no 1247/2012, (eu) no 1248/2012, (eu) no 1249/2012 and (eu) no 484/2014 in the icelandic and norwegian languages, to be published in the eea supplement to the official journal of the european union, shall be authentic. article 3 this decision shall enter into force on [ ], provided that all the notifications under article 103(1) of the eea agreement have been made (*1). article 4 this decision shall be published in the eea section of, and in the eea supplement to, the official journal of the european union. done at brussels, for the eea joint committee the president the secretaries to the eea joint committee (1) oj l 52, 23.2.2013, p. 1. (2) oj l 52, 23.2.2013, p. 11. (3) oj l 52, 23.2.2013, p. 25. (4) oj l 52, 23.2.2013, p. 33. (5) oj l 52, 23.2.2013, p. 37. (6) oj l 52, 23.2.2013, p. 41. (7) oj l 244, 13.9.2013, p. 19. (8) oj l 279, 19.10.2013, p. 2. (9) oj l 279, 19.10.2013, p. 4. (10) oj l 85, 21.3.2014, p. 1. (11) oj l 179, 19.6.2014, p. 31. (12) oj l 352, 21.12.2012, p. 20. (13) oj l 352, 21.12.2012, p. 30. (14) oj l 352, 21.12.2012, p. 32. (15) oj l 138, 13.5.2014, p. 57. (*1) [no constitutional requirements indicated.] [constitutional requirements indicated.] draft decision of the eea joint committee no of amending annex ix (financial services) to the eea agreement the eea joint committee, having regard to the agreement on the european economic area (the eea agreement), and in particular article 98 thereof, whereas: (1) commission delegated regulation (eu) 2015/1515 of 5 june 2015 amending regulation (eu) no 648/2012 of the european parliament and of the council as regards the extension of the transitional periods related to pension scheme arrangements (1) is to be incorporated into the eea agreement. (2) commission delegated regulation (eu) 2015/2205 of 6 august 2015 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on the clearing obligation (2) is to be incorporated into the eea agreement. (3) commission delegated regulation (eu) 2016/592 of 1 march 2016 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on the clearing obligation (3) is to be incorporated into the eea agreement. (4) commission delegated regulation (eu) 2016/1178 of 10 june 2016 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on the clearing obligation (4), as corrected by oj l 196, 21.7.2016, p. 56, is to be incorporated into the eea agreement. (5) commission delegated regulation (eu) 2017/104 of 19 october 2016 amending delegated regulation (eu) no 148/2013 supplementing regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories (5) is to be incorporated into the eea agreement. (6) commission delegated regulation (eu) 2017/751 of 16 march 2017 amending delegated regulations (eu) 2015/2205, (eu) 2016/592 and (eu) 2016/1178 as regards the deadline for compliance with clearing obligations for certain counterparties dealing with otc derivatives (6) is to be incorporated into the eea agreement. (7) commission implementing regulation (eu) 2017/105 of 26 october 2016 amending implementing regulation (eu) no 1247/2012 laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (7), as corrected by oj l 19, 25.1.2017, p. 97, is to be incorporated into the eea agreement. (8) annex ix to the eea agreement should therefore be amended accordingly, has adopted this decision: article 1 annex ix to the eea agreement shall be amended as follows: 1. the following indent is inserted in point 31bc (regulation (eu) no 648/2012 of the european parliament and of the council): 32015 r 1515: commission delegated regulation (eu) 2015/1515 of 5 june 2015 (oj l 239, 15.9.2015, p. 63).; 2. the text of point 31bcb (commission implementing regulation (eu) no 1247/2012) is replaced by the following: 32012 r 1247: commission implementing regulation (eu) no 1247/2012 of 19 december 2012 laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according to regulation (eu) no 648/2012 of the european parliament and of the council on otc derivatives, central counterparties and trade repositories (oj l 352, 21.12.2012, p. 20), as amended by: 32017 r 0105: commission implementing regulation (eu) 2017/105 of 26 october 2016 (oj l 17, 21.1.2017, p. 17), as corrected by oj l 19, 25.1.2017, p. 17. the provisions of the implementing regulation shall, for the purposes of this agreement, be read with the following adaptations: (a) in article 4(5) and article 4b, as regards the efta states, the words in the eea shall be inserted after the words date of application . (b) in article 5, as regards the efta states: (i) paragraphs 1 and 2 shall read as follows: 1. derivative contracts shall be reported: (a) within six months of the date of entry into force of decision of the eea joint committee no / of [jcd 32013r0148.a09], where a trade repository for that particular derivative class has been registered under article 55 of regulation (eu) no 648/2012 before the date of entry into force of decision of the eea joint committee no / of [jcd 32013r0148.a09]; (b) 90 days after the registration of a trade repository for a particular derivative class under article 55 of regulation (eu) no 648/2012, where there is no trade repository registered for that particular derivative class before or on the date of entry into force of decision of the eea joint committee no / of [jcd 32013r0148.a09], but in any event no earlier than six months after the date of entry into force of decision of the eea joint committee no / of [jcd 32013r0148.a09]; (c) within six months of the date of entry into force of decision of the eea joint committee no / of [jcd 32013r0148.a09], where there is no trade repository registered for that particular derivative class under article 55 of regulation (eu) no 648/2012 six months after the date of entry into force of decision of the eea joint committee no / of [jcd 32013r0148.a09]. the reporting obligation shall commence on this date and contracts shall be reported to esma in accordance with article 9(3) of that regulation until a trade repository is registered for that particular derivative class. ; (ii) in paragraphs 3 and 4, the words 16 august 2012 shall read 1 july 2017 .; 3. the following shall be inserted in point 31bce (commission delegated regulation (eu) no 148/2013), with effect from [insert: nine months after the date of entry into force of this decision]: , as amended by: 32017 r 0104: commission delegated regulation (eu) 2017/104 of 19 october 2016 (oj l 17, 21.1.2017, p. 1).; 4. the following is added after point 31bco (commission delegated regulation (eu) no 667/2014): 31bcp. 32015 r 2205: commission delegated regulation (eu) 2015/2205 of 6 august 2015 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on the clearing obligation (oj l 314, 1.12.2015, p. 13), as amended by: 32017 r 0751: commission delegated regulation (eu) 2017/751 of 16 march 2017 (oj l 113, 29.4.2017, p. 15). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptations: (a) in point (b) of article 2(1), as regards the efta states, the words january, february and march 2016 shall read january, february and march [insert: year of entry into force of this decision] . (b) in article 3: (i) as regards the efta states, the first subparagraph of paragraph 1 shall read as follows: in respect of contracts pertaining to a class of otc derivatives set out in the annex, the clearing obligation shall take effect: (a) six months after the date of entry into force of decision of the eea joint committee no / of [this decision] for counterparties in category 1; (b) one year after the date of entry into force of decision of the eea joint committee no / of [this decision] for counterparties in category 2; (c) 21 june 2019 for counterparties in category 3; (d) two years after the date of entry into force of decision of the eea joint committee no / of [this decision] for counterparties in category 4. ; (ii) in the second subparagraph of paragraph 1, the words , or between one counterparty established in an efta state and one counterparty established in an eu member state shall be inserted after the words between two counterparties included in different categories of counterparties ; (iii) as regards the efta states, the first subparagraph of paragraph 2 shall read as follows: by way of derogation from points (a), (b) and (c) of paragraph 1, in respect of contracts pertaining to a class of otc derivatives set out in the annex and concluded between counterparties other than counterparties in category 4 which are part of the same group and where one counterparty is established in a third country and the other counterparty is established in the eea, the clearing obligation shall take effect: (a) two years after the date of entry into force of decision of the eea joint committee no / of [this decision] in case no equivalence decision adopted pursuant to article 13(2) of regulation (eu) no 648/2012 for the purposes of article 4 of that regulation covering the otc derivative contracts referred to in the annex to this regulation in respect of the relevant third country applies in the eea; or (b) the later of the following dates in case an equivalence decision adopted pursuant to article 13(2) of regulation (eu) no 648/2012 for the purposes of article 4 of that regulation covering the otc derivative contracts referred to in the annex to this regulation in respect of the relevant third country applies in the eea: (i) 60 days after the date of entry into force of the decision of the eea joint committee containing the decision adopted pursuant to article 13(2) of regulation (eu) no 648/2012 for the purposes of article 4 of that regulation covering the otc derivative contracts referred to in the annex to this regulation in respect of the relevant third country; (ii) the date when the clearing obligation takes effect pursuant to paragraph 1. . (c) in article 4: (i) in paragraph 1, as regards the efta states, the words 21 february 2016 shall read two months after the date of entry into force of decision of the eea joint committee no / of [this decision] ; (ii) in paragraph 2, as regards the efta states, the words 21 may 2016 shall read five months after the date of entry into force of decision of the eea joint committee no / of [this decision] ; (iii) in paragraph 4, the words , between one financial counterparty established in an efta state and one financial counterparty established in an eu member state shall be inserted after the words between two financial counterparties belonging to different categories . 31bcq. 32016 r 0592: commission delegated regulation (eu) 2016/592 of 1 march 2016 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on the clearing obligation (oj l 103, 19.4.2016, p. 5), as amended by: 32017 r 0751: commission delegated regulation (eu) 2017/751 of 16 march 2017 (oj l 113, 29.4.2017, p. 15). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptations: (a) in point (b) of article 2(1), as regards the efta states, the words january, february and march 2016 shall read january, february and march [insert: year of entry into force of this decision] . (b) in article 3: (i) as regards the efta states, the first subparagraph of paragraph 1 shall read as follows: in respect of contracts pertaining to a class of otc derivatives set out in the annex, the clearing obligation shall take effect: (a) one year after the date of entry into force of decision of the eea joint committee no / of [this decision] for counterparties in category 1; (b) eighteen months after the date of entry into force of decision of the eea joint committee no / of [this decision] for counterparties in category 2; (c) 21 june 2019 for counterparties in category 3; (d) thirty-nine months after the date of entry into force of decision of the eea joint committee no / of [this decision] for counterparties in category 4. ; (ii) in the second subparagraph of paragraph 1, the words , or between one counterparty established in an efta state and one counterparty established in an eu member state shall be inserted after the words between two counterparties included in different categories of counterparties ; (iii) as regards the efta states, the first subparagraph of paragraph 2 shall read as follows: by way of derogation from points (a), (b) and (c) of paragraph 1, in respect of contracts pertaining to a class of otc derivatives set out in the annex and concluded between counterparties other than counterparties in category 4 which are part of the same group and where one counterparty is established in a third country and the other counterparty is established in the eea, the clearing obligation shall take effect: (a) thirty-nine months after the date of entry into force of decision of the eea joint committee no / of [this decision] in case no equivalence decision adopted pursuant to article 13(2) of regulation (eu) no 648/2012 for the purposes of article 4 of that regulation covering the otc derivative contracts set out in the annex to this regulation in respect of the relevant third country applies in the eea; or (b) the later of the following dates in case an equivalence decision adopted pursuant to article 13(2) of regulation (eu) no 648/2012 for the purposes of article 4 of that regulation covering the otc derivative contracts set out in the annex to this regulation in respect of the relevant third country applies in the eea: (i) 60 days after the date of entry into force of the decision of the eea joint committee containing the decision adopted pursuant to article 13(2) of regulation (eu) no 648/2012 for the purposes of article 4 of that regulation covering the otc derivative contracts set out in the annex to this regulation in respect of the relevant third country; (ii) the date when the clearing obligation takes effect pursuant to paragraph 1. . (c) in article 4: (i) in paragraphs 1 and 2, as regards the efta states, the words 9 october 2016 shall read five months after the date of entry into force of decision of the eea joint committee no / of [this decision] ; (ii) in paragraph 4, the words , between one financial counterparty established in an efta state and one financial counterparty established in an eu member state shall be inserted after the words between two financial counterparties belonging to different categories . 31bcr. 32016 r 1178: commission delegated regulation (eu) 2016/1178 of 10 june 2016 supplementing regulation (eu) no 648/2012 of the european parliament and of the council with regard to regulatory technical standards on the clearing obligation (oj l 195, 20.7.2016, p. 3), as corrected by oj l 196, 21.7.2016, p. 56, as amended by: 32017 r 0751: commission delegated regulation (eu) 2017/751 of 16 march 2017 (oj l 113, 29.4.2017, p. 15). the provisions of the delegated regulation shall, for the purposes of this agreement, be read with the following adaptations: (a) in point (b) of article 2(1), as regards the efta states, the words january, february and march 2016 shall read january, february and march [insert: year of entry into force of this decision] . (b) in article 3: (i) as regards the efta states, the first subparagraph of paragraph 1 shall read as follows: in respect of contracts pertaining to a class of otc derivatives set out in annex i, the clearing obligation shall take effect: (a) six months after the date of entry into force of decision of the eea joint committee no / of [this decision] for counterparties in category 1; (b) one year after the date of entry into force of decision of the eea joint committee no / of [this decision] for counterparties in category 2; (c) 21 june 2019 for counterparties in category 3; (d) two years after the date of entry into force of decision of the eea joint committee no / of [this decision] for counterparties in category 4. ; (ii) in the second subparagraph of paragraph 1, the words , or between one counterparty established in an efta state and one counterparty established in an eu member state shall be inserted after the words between two counterparties included in different categories of counterparties ; (iii) as regards the efta states, the first subparagraph of paragraph 2 shall read as follows: by way of derogation from points (a), (b) and (c) of paragraph 1, in respect of contracts pertaining to a class of otc derivatives set out in annex i and concluded between counterparties other than counterparties in category 4 which are part of the same group and where one counterparty is established in a third country and the other counterparty is established in the eea, the clearing obligation shall take effect: (a) two years after the date of entry into force of decision of the eea joint committee no / of [this decision] in case no equivalence decision adopted pursuant to article 13(2) of regulation (eu) no 648/2012 for the purposes of article 4 of that regulation covering the otc derivative contracts set out in annex i of this regulation in respect of the relevant third country applies in the eea; or (b) the later of the following dates in case an equivalence decision adopted pursuant to article 13(2) of regulation (eu) no 648/2012 for the purposes of article 4 of that regulation covering the otc derivative contracts set out in annex i of this regulation in respect of the relevant third country applies in the eea: (i) 60 days after the date of entry into force of the decision of the eea joint committee containing the decision adopted pursuant to article 13(2) of regulation (eu) no 648/2012 for the purposes of article 4 of that regulation covering the otc derivative contracts set out in annex i of this regulation in respect of the relevant third country; (ii) the date when the clearing obligation takes effect pursuant to paragraph 1. . (c) in article 4: (i) in paragraphs 1 and 2, as regards the efta states, the words 9 october 2016 shall read two months after the date of entry into force of decision of the eea joint committee no / of [this decision] ; (ii) in paragraph 4, the words , between one financial counterparty established in an efta state and one financial counterparty established in an eu member state shall be inserted after the words between two financial counterparties belonging to different categories . article 2 the texts of delegated regulations (eu) 2015/1515, (eu) 2015/2205, (eu) 2016/592, (eu) 2016/1178, as corrected by oj l 196, 21.7.2016, p. 56, (eu) 2017/104, and (eu) 2017/751 and implementing regulation (eu) 2017/105, as corrected by oj l 19, 25.1.2017, p. 97, in the icelandic and norwegian languages, to be published in the eea supplement to the official journal of the european union, shall be authentic. article 3 this decision shall enter into force on [ ], provided that all the notifications under article 103(1) of the eea agreement have been made (*1). article 4 this decision shall be published in the eea section of, and in the eea supplement to, the official journal of the european union. done at brussels, for the eea joint committee the president the secretaries to the eea joint committee (1) oj l 239, 15.9.2015, p. 63. (2) oj l 314, 1.12.2015, p. 13. (3) oj l 103, 19.4.2016, p. 5. (4) oj l 195, 20.7.2016, p. 3. (5) oj l 17, 21.1.2017, p. 1. (6) oj l 113, 29.4.2017, p. 15. (7) oj l 17, 21.1.2017, p. 17. (*1) [no constitutional requirements indicated.] [constitutional requirements indicated.]

name: council decision (eu) 2018/792 of 28 may 2018 appointing a member, proposed by the kingdom of sweden, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2018-06-01 1.6.2018 en official journal of the european union l 136/9 council decision (eu) 2018/792 of 28 may 2018 appointing a 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 30 november 2017, by council decision (eu) 2017/2237 (4), ms hel ne fritzon was replaced by ms katrin stjernfedt jammeh as a member. (2) a member's seat on the committee of the regions has become vacant following the end of the term of office of ms katrin stjernfeldt jammeh as a member of the committee of the regions, 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: ms carina nilsson, ledamot i kommunfullm ktige, malm kommun. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 28 may 2018. for the council the president e. karanikolov (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) 2017/2237 of 30 november 2017 appointing two members, proposed by the kingdom of sweden, of the committee of the regions (oj l 320, 6.12.2017, p. 10).

name: council decision (eu) 2018/777 of 22 may 2018 on the position to be adopted, on behalf of the european union, within the eea joint committee concerning the amendment of protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms (budget line 02 04 77 03: preparatory action on defence research ) (text with eea relevance. ) type: decision subject matter: defence; eu finance; international affairs; european construction; research and intellectual property date published: 2018-05-29 29.5.2018 en official journal of the european union l 131/14 council decision (eu) 2018/777 of 22 may 2018 on the position to be adopted, on behalf of the european union, within the eea joint committee concerning the amendment of protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms (budget line 02 04 77 03: preparatory action on defence research) (text with eea relevance) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 218(9) thereof, having regard to council regulation (ec) no 2894/94 of 28 november 1994 concerning arrangements for implementing the agreement on the european economic area (1), and in particular article 1(3) 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 (2) and in particular point (b) of article 54(2), article 84(2) and article 124 thereof, having regard to the proposal from the european commission, whereas: (1) the agreement on the european economic area (3) (the eea agreement) entered into force on 1 january 1994. (2) pursuant to article 98 of the eea agreement, the eea joint committee may decide to amend, inter alia, protocol 31 to the eea agreement. (3) protocol 31 to the eea agreement contains provisions on cooperation in specific fields outside the four freedoms. (4) the efta states are to continue to participate in union activities related to budget line 02 04 77 03: preparatory action on defence research, entered into the general budget of the union for the financial year 2018. (5) protocol 31 to the eea agreement should therefore be amended in order to allow for that extended cooperation to continue from 1 january 2018. (6) the position of the union within the eea joint committee should 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 eea joint committee on the proposed amendment of protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the eea joint committee attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 22 may 2018. for the council the president e. karanikolov (1) oj l 305, 30.11.1994, p. 6. (2) oj l 298, 26.10.2012, p. 1. (3) oj l 1, 3.1.1994, p. 3. draft decision of the eea joint committee no /2018 of amending protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms the eea joint committee, having regard to the agreement on the european economic area (the eea agreement), and in particular articles 86 and 98 thereof, whereas: (1) the cooperation of the contracting parties to the eea agreement was extended by joint committee decision no 208/2017 to include the participation of the efta states in the union's preparatory action on defence research which is funded from the general budget of the union. (2) the efta states shall continue to participate in union activities related to budget line 02 04 77 03: preparatory action on defence research, entered into the general budget of the union for the financial year 2018. (3) protocol 31 to the eea agreement should therefore be amended in order to allow for that extended cooperation to continue from 1 january 2018, has adopted this decision: article 1 in paragraph 13(a) of article 1 of protocol 31 to the eea agreement, the words financial year 2017 are replaced by the words financial years 2017 and 2018. article 2 this decision shall enter into force on the day following the last notification under article 103(1) of the eea agreement (*1). it shall apply from 1 january 2018. article 3 this decision shall be published in the eea section of, and in the eea supplement to, the official journal of the european union. done at brussels, for the eea joint committee the president the secretaries to the eea joint committee (*1) [no constitutional requirements indicated.] [constitutional requirements indicated.]

name: council decision (eu) 2018/770 of 22 may 2018 appointing an alternate member, 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: 2018-05-25 25.5.2018 en official journal of the european union l 129/81 council decision (eu) 2018/770 of 22 may 2018 appointing an alternate member, 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. on 9 october 2015, by council decision (eu) 2015/1915 (4), mr esteban mas portell was replaced by mr marc pons i pons as an alternate member. on 9 june 2016, by council decision (eu) 2016/991 (5), mr marc pons i pons was replaced by ms pilar costa i serra 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 pilar costa i serra as an alternate member of the committee of the regions, 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 josep enric claverol i florit, director general de relaciones institucionales y acci n exterior del gobierno de las illes balears. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 22 may 2018. for the council the president k. valchev (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) 2015/1915 of 9 october 2015 appointing two spanish members and three spanish alternate members of the committee of the regions (oj l 280, 24.10.2015, p. 26). (5) council decision (eu) 2016/991 of 9 june 2016 appointing an alternate member, proposed by the kingdom of spain of the committee of the regions (oj l 162, 21.6.2016, p. 14).

name: council decision (eu) 2018/751 of 14 may 2018 on the position to be adopted on behalf of the european union within the stabilisation and association council established by the stabilisation and association agreement between the european communities and their member states, of the one part, and the former yugoslav republic of macedonia, of the other part, concerning the transition to the second stage of the association between the european communities and their member states, of the one part, and the former yugoslav republic of macedonia, of the other part, pursuant to article 5(3) of the agreement type: decision subject matter: european union law; european construction; free movement of capital; europe; employment; marketing date published: 2018-05-23 23.5.2018 en official journal of the european union l 126/3 council decision (eu) 2018/751 of 14 may 2018 on the position to be adopted on behalf of the european union within the stabilisation and association council established by the stabilisation and association agreement between the european communities and their member states, of the one part, and the former yugoslav republic of macedonia, of the other part, concerning the transition to the second stage of the association between the european communities and their member states, of the one part, and the former yugoslav republic of macedonia, of the other part, pursuant to article 5(3) of the agreement the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 217, in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the stabilisation and association agreement between the european communities and their member states, of the one part, and the former yugoslav republic of macedonia, of the other part (1) (the agreement), entered into force on 1 april 2004. (2) article 5(1) of the agreement provides for a transitional period of a maximum of ten years divided into two successive stages. (3) the first stage began on 1 april 2004, which was the date of entry into force of the agreement. (4) article 5(3) of the agreement further provides that four years after the entry into force of the agreement, the stabilisation and association council is to evaluate the progress made and to decide about the passage into the second phase and its duration, as well as on any possible changes to be brought about as regards the content of the provisions governing the second stage. (5) the parties are determined to comply with the obligations related to the transition to the second stage of the association. (6) the former yugoslav republic of macedonia has taken the measures necessary to ensure compliance with all of the obligations resulting from the transition to the second stage. (7) the position of the union within the stabilisation and association council should therefore be based on the attached draft decision, has adopted this decision: article 1 the position to be adopted on the union's behalf within the stabilisation and association council established by the agreement concerning the transition to the second stage of the association between the european communities and their member states, of the one part, and the former yugoslav republic of macedonia, of the other part, pursuant to article 5(3) of the agreement, shall be based on the draft decision of the stabilisation and association council attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 14 may 2018. for the council the president e. zaharieva (1) oj l 84, 20.3.2004, p. 13. draft decision no /2018 of the stabilisation and association council of concerning the transition to the second stage of the association between the european communities and their member states, of the one part, and the former yugoslav republic of macedonia, of the other part, pursuant to article 5(3) of the stabilisation and association agreement the stabilisation and association council, having regard to the stabilisation and association agreement between the european communities and their member states, of the one part, and the former yugoslav republic of macedonia, of the other part (1) (the agreement), and in particular article 5(3) thereof, whereas: (1) article 5(1) of the agreement provides for a transitional period of a maximum of ten years divided into two successive stages. (2) the first stage began on 1 april 2004, which was the date of entry into force of the agreement. (3) article 5(3) of the agreement further provides that the stabilisation and association council is to evaluate the progress made and to decide about the passage into the second phase and its duration, as well as on any possible changes to be brought about as regards the content of the provisions governing the second stage. (4) the parties are determined to comply with the obligations related to the transition to the second stage of the association. (5) the former yugoslav republic of macedonia has taken the measures necessary to ensure compliance with all of the obligations resulting from the transition to the second stage, has adopted this decision: article 1 the transition to the second stage of the association between the european communities and their member states, of the one part, and the former yugoslav republic of macedonia, of the other part, pursuant to article 5(3) of the agreement, hereby takes effect. article 2 this decision shall enter into force on the date of its adoption. done at , for the stabilisation and association council the president (1) oj l 84, 20.3.2004, p. 13.

name: council decision (eu) 2018/752 of 14 may 2018 on the position to be taken on behalf of the european union at the international maritime organization during the 99th session of the maritime safety committee, on the adoption of amendments to solas regulations ii-1/1 and ii-1/8-1, on the approval of associated guidelines on operational information for masters in case of flooding for passenger ships constructed before 1 january 2014 and on the adoption of amendments to the international code for application of fire test procedures, 2010 type: decision subject matter: organisation of transport; technology and technical regulations; maritime and inland waterway transport; international affairs; environmental policy; united nations; transport policy; information technology and data processing date published: 2018-05-23 23.5.2018 en official journal of the european union l 126/6 council decision (eu) 2018/752 of 14 may 2018 on the position to be taken on behalf of the european union at the international maritime organization during the 99th session of the maritime safety committee, on the adoption of amendments to solas regulations ii-1/1 and ii-1/8-1, on the approval of associated guidelines on operational information for masters in case of flooding for passenger ships constructed before 1 january 2014 and on the adoption of amendments to the international code for application of fire test procedures, 2010 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) action by the union in the sector of maritime transport should aim at improving maritime safety. (2) the maritime safety committee (msc) of the international maritime organization (imo), during its 99th session on 16-25 may 2018 (msc 99), is expected to adopt amendments to regulations ii-1/1 and ii-1/8-1 of the international convention for the safety of life at sea (solas) on computerised stability support for the master in case of flooding for existing passenger ships (amendments to solas regulations ii-1/1 and ii-1/8-1), to approve the associated guidelines on operational information for masters in case of flooding for passenger ships constructed before 1 january 2014 (associated guidelines) and to adopt amendments to the international code for application of fire test procedures, 2010 (ftp code). (3) it is appropriate to establish the position to be taken on behalf of the union during msc 99, as the amendments to solas regulations ii-1/1 and ii-1/8-1, the approval of the associated guidelines and the adoption of amendments to the ftp code will be capable of decisively influencing the content of union law, namely directive 2009/45/ec of the european parliament and of the council (1). (4) the amendments to solas regulations ii-1/1 and ii-1/8-1 and the associated guidelines should create operational guidelines for existing passenger ships, by providing regularly updated information on the residual damage stability of the ship after a flooding incident. (5) the amendments to the ftp code concerning testing requirements for exposed floor coverings should provide that those provisions also apply to passenger ships carrying less than 36 passengers. (6) to the extent that the amendments to solas regulations ii-1/1 and ii-1/8-1, the approval of the associated guidelines and the amendments to the ftp code may affect the provisions of directive 2009/45/ec regarding passenger ships and high-speed passenger craft which are engaged on domestic voyages, those amendments fall under the exclusive competence of the union. (7) the union is not a member of the imo, nor is it a contracting party to the relevant conventions and codes. the council should therefore authorise the member states to express the position of the union and to express their consent to be bound by those amendments, to the extent that those amendments fall under the exclusive competence of the union, has adopted this decision: article 1 the position to be taken on behalf of the union at the 99th session of the imo maritime safety committee shall be to agree to: (a) the adoption of the amendments to solas regulations ii-1/1 and ii-1/8-1, as laid down in annex 1 to imo document msc 99/3, and the approval of the associated guidelines, as laid down in annex 1 to the imo sub-committee on ship design and construction (sdc) document sdc 5/15; (b) the adoption of the amendments to table 1 of annex 3 to the ftp code, as laid down in annex 2 to imo document msc 99/3. article 2 1. the position to be taken on behalf of the union as set out in article 1 shall be expressed by the member states, which are all members of the imo, acting jointly in the interests of the union. 2. minor changes to the position referred to in article 1 may be agreed upon without further decision by the council. article 3 member states are hereby authorised to give their consent to be bound, in the interests of the union, by the amendments referred to in article 1, to the extent that those amendments fall under the exclusive competence of the union. article 4 this decision is addressed to the member states. done at brussels, 14 may 2018. for the council the president e. zaharieva (1) directive 2009/45/ec of the european parliament and of the council of 6 may 2009 on safety rules and standards for passenger ships (oj l 163, 25.6.2009, p. 1).

name: commission implementing decision (eu) 2018/744 of 16 may 2018 amending implementing decision (eu) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain member states (notified under document c(2018) 2815) (text with eea relevance. ) type: decision_impl subject matter: health; means of agricultural production; europe; international trade; agricultural activity; agricultural policy date published: 2018-05-18 18.5.2018 en official journal of the european union l 123/119 commission implementing decision (eu) 2018/744 of 16 may 2018 amending implementing decision (eu) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain member states (notified under document c(2018) 2815) (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 14(2), article 19(1)(a) and (3)(a), and article 19(4) and (6) 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 (4), and in particular article 4(3) thereof, whereas: (1) directive 92/119/eec lays down general control measures to be applied in the event of an outbreak of certain animal diseases, including lumpy skin disease (lsd). these control measures include the establishment of protection and surveillance zones around the infected holding, and they also provide for emergency vaccination in the case of an outbreak of lsd as a supplement to other control measures. (2) commission implementing decision (eu) 2016/2008 (5) lays down animal health control measures in relation to the occurrence of lsd in certain member states or parts thereof. it defines infected zones as the parts of the territory of a member state listed in part ii of annex i to that implementing decision which includes the areas where lsd was confirmed and any protection and surveillance zones established in accordance with directive 92/119/eec, and where vaccination against lsd may be implemented following the approval of vaccination programmes. it also defines free zones with vaccination as the parts of the territory of a member state listed in part i of that annex which include the areas outside the infected zones, where vaccination against lsd is implemented following the approval of vaccination programmes. (3) implementing decision (eu) 2016/2008 provides for specific risk mitigation measures and trade restrictions in relation to live bovine animals and captive wild ruminants, their germinal products, and other products of those animals to be put in place in the free zones with vaccination, with a view to minimising any risk of the spread of lsd. (4) lsd was confirmed in continental europe for the first time in august 2015 (greece). in 2016 the disease reappeared, affecting in total seven countries in south-east europe (greece, bulgaria, the former yugoslav republic of macedonia, serbia, kosovo (6), albania & montenegro) while in 2017 lsd was present in a much lesser extent (large-scale recurrence only in albania and only few sporadic outbreaks in greece and the former yugoslav republic of macedonia). (5) in response to lsd all affected member states (greece and bulgaria) as well as all affected non-eu countries quickly resorted to mass vaccination of all their live bovine animals and captive wild ruminants for at least two consecutive years (2016 and 2017). during the same period the same vaccination measure was implemented by croatia, where lsd has never occurred to date, as a preventive measure, in view of the epidemiological situation in neighbouring countries. (6) since the first occurrence of lsd in continental europe, the european food safety authority (efsa) has produced on lsd an urgent advice, adopted on 29 july 2016 (7) and two reports, approved on 27 march 2017 (8) and 29 january 2018 (9) respectively. all these scientific assessments indicate that the results from the analysis of the available lsd epidemiological data in europe in 2016 and 2017 suggest that mass vaccination campaigns against lsd, where they were properly implemented, brought the disease under control by preventing the occurrence of new outbreaks. in addition it is concluded that mass vaccination is the most effective measure in controlling lsd, especially if protection of the vaccinated animals had already been developed before disease entry, namely, by preventive vaccination. (7) the effectiveness of the recent vaccination campaigns against lsd, as confirmed by the efsa advice of 2016 and the efsa reports of 2017 and 2018, suggests that the risk of lsd spread, due to movement of live bovine animals and captive wild ruminants within a free zone with vaccination, is very low after the completion of an lsd vaccination campaign in accordance with annex ii to implementing decision (eu) 2016/2008. (8) croatia, bulgaria and greece have their entire territory or parts of it listed in annex i to implementing decision (eu) 2016/2008 as free zones with vaccination. (9) both croatia and bulgaria reported already completion of their lsd vaccination campaign in their free zones with vaccination in the year 2017, in accordance with annex ii to implementing decision (eu) 2016/2008. in addition croatia, in view of the favourable 2017 epidemiological situation in south-east europe, will cease lsd vaccination, as of 2018. (10) upon completion of the lsd vaccination campaign in the free zones with vaccination of greece the derogations introduced by this decision should apply for the relevant free zones with vaccination of greece. (11) under the current provisions of article 6a of implementing decision (eu) 2016/2008, movement of live bovine animals and captive wild ruminants within the free zones with vaccination of the same member state is allowed only if they originate from holdings where all other animals retain vaccine or maternal immunity, with few exceptions (animals due for emergency slaughter or animals introduced from lsd free areas less than 3 months ago). hence, as a result of the progressive discontinuation of lsd vaccination in the free zones with vaccination, provisions are needed as regards the movements of live bovine animals and captive wild ruminants once maternal immunity of calves expires, especially during the second half of 2018. (12) the requirements concerning the derogations and special conditions for the dispatch of live bovine animals and captive wild ruminants within the free zones with vaccination should therefore be amended and article 6a of implementing decision (eu) 2016/2008 be amended accordingly. (13) 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 in paragraph (2) of rticle 6a of implementing decision (eu) 2016/2008, the following point (e) is added: (e) the animals, irrespective of their individual vaccination status or vaccination in their holding of origin against lumpy skin disease, are moved from holdings situated in an area listed in part i of annex i to any destination situated within another area listed in part i of annex i of the same member state provided that: (i) the competent authorities of the member state concerned have implemented an annual vaccination programme against lumpy skin disease in all the areas of that member state listed in part i of annex i, which was completed at least 28 days prior to the date of dispatch, and which complied with the conditions laid down in annex ii and was approved by the commission, and have informed the commission and the other member states of the commencement date and the completion date of this vaccination programme; and (ii) in case the movement of the animals is carried out through an area listed in part ii of annex i, a channelling procedure in accordance with article 12 has been set up, under the control of the competent authorities of the places of origin, transit and destination. article 2 this decision is addressed to the member states. done at brussels, 16 may 2018. 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) oj l 18, 23.1.2003, p. 11. (5) commission implementing decision (eu) 2016/2008 of 15 november 2016 concerning animal health control measures relating to lumpy skin disease in certain member states (oj l 310, 17.11.2016, p. 51). (6) 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. (7) efsa journal 2016;14(8):4573. (8) efsa journal 2017;15(4):4773. (9) efsa journal 2018;16(2):5176.

name: council decision (cfsp) 2018/715 of 14 may 2018 amending decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea type: decision subject matter: asia and oceania; international affairs; international trade; european construction; civil law; international security date published: 2018-05-16 16.5.2018 en official journal of the european union l 120/4 council decision (cfsp) 2018/715 of 14 may 2018 amending decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea 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 22 april 2013, the council adopted decision 2013/183/cfsp (1) concerning restrictive measures against the democratic people's republic of korea (dprk). (2) on 2 july 2015, the council adopted decision (cfsp) 2015/1066 (2), which added the korean national insurance company (knic) gmbh and six persons acting on its behalf or at its direction to annex ii to decision 2013/183/cfsp. on 31 march 2016, the council adopted decision (cfsp) 2016/475 (3), which added knic to annex ii to decision 2013/183/cfsp and deleted the entry concerning knic gmbh. decision (cfsp) 2016/475 also amended the entries of the six persons acting on behalf of knic or at its direction. (3) on 27 may 2016, the council adopted decision (cfsp) 2016/849 (4) concerning restrictive measures against the democratic people's republic of korea and repealing decision 2013/183/cfsp. (4) on 5 august 2017, the united nations security council adopted resolution 2371 (2017), which provided for new measures against the dprk, including the designation of knic. (5) on 10 august 2017, the council adopted implementing decision (cfsp) 2017/1459 (5), which added knic to annex i to decision (cfsp) 2016/849, and on 24 august 2017, the council adopted decision (cfsp) 2017/1504 (6), which removed knic from annex ii to decision (cfsp) 2016/849. (6) the entries for the persons acting on behalf of or at the direction of knic should therefore be moved to annex iii of decision (cfsp) 2016/849 and removed from annex ii thereto. (7) annex iii and annex ii to decision (cfsp) 2016/849 should therefore be amended accordingly, has adopted this decision: article 1 annex iii and annex ii to decision (cfsp) 2016/849 are 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, 14 may 2018. for the council the president e. zaharieva (1) council decision 2013/183/cfsp of 22 april 2013 concerning restrictive measures against the democratic people's republic of korea and repealing decision 2010/800/cfsp (oj l 111, 23.4.2013, p. 52). (2) council decision (cfsp) 2015/1066 of 2 july 2015 amending decision 2013/183/cfsp concerning restrictive measures against the democratic people's republic of korea (oj l 174, 3.7.2015, p. 25). (3) council decision (cfsp) 2016/475 of 31 march 2016 amending decision 2013/183/cfsp concerning restrictive measures against the democratic people's republic of korea (oj l 85, 1.4.2016, p. 34). (4) council decision (cfsp) 2016/849 of 27 may 2016 concerning restrictive measures against the democratic people's republic of korea and repealing decision 2013/183/cfsp (oj l 141, 28.5.2016, p. 79). (5) council implementing decision (cfsp) 2017/1459 of 10 august 2017 implementing decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea (oj l 208, 11.8.2017, p. 38). (6) council decision (cfsp) 2017/1504 of 24 august 2017 amending decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea (oj l 221, 26.8.2017, p. 22). annex a. in annex iii to decision (cfsp) 2016/849 under the heading list of persons referred to in point (c) of article 23(1) and point (c) of article 27(1), under subheading a. persons, the following entries are added: name identifying information date of designation reasons 19. kim il-su a.k.a. kim il su dob: 2.9.1965 pob: pyongyang, dprk. 3.7.2015 manager in the reinsurance department of the korea national insurance corporation (knic) based in the headquarters in pyongyang and former authorised chief representative of knic in hamburg, acting on behalf of knic or at its direction. 20. kang song-sam a.k.a. kang song sam dob: 5.7.1972 pob: pyongyang, dprk. 3.7.2015 former authorised representative of the korea national insurance corporation (knic) in hamburg, continues to act for or on behalf of knic or at its direction. 21. choe chun-sik a.k.a. choe chun sik dob: 23.12.1963 pob: pyongyang, dprk. passport number: 745132109 valid until 12.2.2020 3.7.2015 director in the reinsurance department of the korea national insurance corporation (knic) based in the headquarters in pyongyang acting on behalf of knic or at its direction. 22. sin kyu-nam a.k.a. sin kyu nam dob: 12.9.1972 pob: pyongyang, dprk. passport number: po472132950 3.7.2015 director in the reinsurance department of the korea national insurance corporation (knic) based in the headquarters in pyongyang and former authorised representative of knic in hamburg, acting on behalf of knic or at its direction. 23. pak chun-san a.k.a. pak chun san dob: 18.12.1953 pob: pyongyang, dprk. passport number: ps472220097 3.7.2015 director in the reinsurance department of the korea national insurance corporation (knic) based in the headquarters in pyongyang at least until december 2015 and former authorised chief representative of knic in hamburg, continues to act for or on behalf of knic or at its direction. 24. so tong myong dob: 10.9.1956 3.7.2015 president of the korea national insurance corporation (knic), knic executive management committee chairman (june 2012); korean national insurance corporation general manager, september 2013, acting on behalf of knic or at its direction. b. in annex ii to decision (cfsp) 2016/849 under the heading ii. persons and entities providing financial services that could contribute to the dprk's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programme, under subheading a. persons, the following entries are removed: name alias identifying information date of designation statement of reasons 3. kim il-su kim il su dob: 2.9.1965 pob: pyongyang, dprk. 3.7.2015 manager in the reinsurance department of the korea national insurance corporation (knic) based in the headquarters in pyongyang and former authorised chief representative of knic in hamburg, acting on behalf of knic or at its direction. 4. kang song-sam kang song sam dob: 5.7.1972 pob: pyongyang, dprk. 3.7.2015 former authorised representative of the korea national insurance corporation (knic) in hamburg, continues to act for or on behalf of knic or at its direction. 5. choe chun-sik choe chun sik dob: 23.12.1963 pob: pyongyang, dprk. passport number: 745132109 valid until 12.2.2020 3.7.2015 director in the reinsurance department of the korea national insurance corporation (knic) based in the headquarters in pyongyang acting on behalf of knic or at its direction. 6. sin kyu-nam sin kyu nam dob: 12.9.1972 pob: pyongyang, dprk. passport number: po472132950 3.7.2015 director in the reinsurance department of the korea national insurance corporation (knic) based in the headquarters in pyongyang and former authorised representative of knic in hamburg, acting on behalf of knic or at its direction. 7. pak chun-san pak chun san dob: 18.12.1953 pob: pyongyang, dprk. passport number: ps472220097 3.7.2015 director in the reinsurance department of the korea national insurance corporation (knic) based in the headquarters in pyongyang at least until december 2015 and former authorised chief representative of knic in hamburg, continues to act for or on behalf of knic or at its direction. 8. so tong myong dob: 10.9.1956 3.7.2015 president of the korea national insurance corporation (knic), knic executive management committee chairman (june 2012); korean national insurance corporation general manager, september 2013, acting on behalf of knic or at its direction.

name: council decision (cfsp) 2018/716 of 14 may 2018 amending and extending decision 2013/34/cfsp on a european union military mission to contribute to the training of the malian armed forces (eutm mali) type: decision subject matter: cooperation policy; africa; defence; european construction date published: 2018-05-16 16.5.2018 en official journal of the european union l 120/8 council decision (cfsp) 2018/716 of 14 may 2018 amending and extending decision 2013/34/cfsp on a european union military mission to contribute to the training of the malian armed forces (eutm mali) the council of the european union, having regard to the treaty on european union and in particular article 28, articles 42(4) and 43(2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 17 january 2013, the council adopted decision 2013/34/cfsp (1) on an eu military mission to contribute to the training of the malian armed forces (eutm mali). (2) on 18 february 2013, the council adopted decision 2013/87/cfsp (2) on the launch of eutm mali. (3) on 23 march 2016, the council adopted decision (cfsp) 2016/446 (3) adapting and extending the mandate of eutm mali and providing it with a reference amount until 18 may 2018. (4) following the strategic review of the mission, the political and security committee recommended that the mandate of eutm mali be amended and extended until 18 may 2020. (5) it is also necessary to lay down the financial reference amount intended to cover the expenditure related to eutm mali for the period from 19 may 2018 until 18 may 2020. (6) decision 2013/34/cfsp should be amended accordingly, has adopted this decision: article 1 decision 2013/34/cfsp is hereby amended as follows: (1) article 1 is amended as follows: (a) in paragraph 1, the following sentence is added: in addition, eutm mali shall support the operationalisation of the g5 sahel joint force at their headquarters.; (b) paragraph 2 is replaced by the following: 2. the objective of eutm mali shall be to respond to the operational needs of the maf and of the g5 sahel joint force through the provision of: (a) training and advice support for the benefit of the maf, including through decentralised activities in the regions, as well as education support on international humanitarian law, protection of civilians and human rights; (b) a contribution, upon the request of mali and in coordination with minusma, to the disarmament, demobilisation and reintegration process framed by the peace agreement, through the provision of training sessions in order to facilitate the reconstitution of inclusive malian armed forces; (c) support to the g5 sahel process through dedicated advice and training support for the operationalisation of the g5 sahel joint force.; (2) in article 10, paragraph 2 is replaced by the following: 2. the financial reference amount for the common costs of eutm mali for the period from 19 may 2018 to 18 may 2020 shall be eur 59 743 047,00. the percentage of the reference amount referred to in article 25(1) of council decision (cfsp) 2015/528 (*1) shall be 0 % and the percentage for commitment referred to in article 34(3) of that decision shall be 30 %. (*1) council decision (cfsp) 2015/528 of 27 march 2015 establishing a mechanism to administer the financing of the common costs of european union operations having military or defence implications (athena) and repealing decision 2011/871/cfsp (oj l 84, 28.3.2015, p. 39);" (3) in article 12, paragraph 2 is replaced by the following: 2. the mandate of eutm mali shall end on 18 may 2020. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 14 may 2018. for the council the president e. zaharieva (1) council decision 2013/34/cfsp of 17 january 2013 on a european union military mission to contribute to the training of the malian armed forces (eutm mali) (oj l 14, 18.1.2013, p. 19). (2) council decision 2013/87/cfsp of 18 february 2013 on the launch of a european union military mission to contribute to the training of the malian armed forces (eutm mali) (oj l 46, 19.2.2013, p. 27). (3) council decision (cfsp) 2016/446 of 23 march 2016 amending and extending council decision 2013/34/cfsp on a european union military mission to contribute to the training of the malian armed forces (eutm mali) (oj l 78, 24.3.2016, p. 74).

name: council decision (cfsp) 2018/706 of 14 may 2018 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; europe; international affairs; international security; civil law; international trade date published: 2018-05-14 14.5.2018 en official journal of the european union li 118/3 council decision (cfsp) 2018/706 of 14 may 2018 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 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 (1), and in particular article 3(1) thereof, having regard to the proposal of 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. (2) following the organisation by the russian federation of russian presidential elections in the illegally annexed crimea and sevastopol, the council considers that five persons should be added to the list of persons, entities and bodies subject to restrictive measures as set out in the annex to decision 2014/145/cfsp. (3) the annex to decision 2014/145/cfsp should be amended accordingly, has adopted this decision: article 1 the persons listed in the annex to this decision shall be added to the list set out in the annex to decision 2014/145/cfsp. 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, 14 may 2018. for the council the president e. zaharieva (1) oj l 78, 17.3.2014, p. 16. annex the following persons are added to the list of persons set out in the annex to decision 2014/145/cfsp: name identifying information reasons date of listing 162. inna nikolayevna guzeyeva ( ) inna nikolayevna guzeeva ( ) inna mykolayivna huzieieva (i ) dob: 20.5.1971 pob: crimea address: simferopol, lisnevka, 83 kievskaya str., apt. 67 deputy chair of the crimea electoral commission. in this capacity she participated in the organisation of the russian presidential elections of 18 march 2018 in the illegally annexed crimea and sevastopol, and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of ukraine. 14.5.2018 163. natalya ivanovna bezruchenko / natalia ivanovna bezruchenko ( ) nataliya ivanivna bezruchenko ( i ) dob: 22.8.1979 pob: simferopol, crimea address: autonomous republic of crimea, gresovskoe, 5-a kryzhizhanovskogo str., apt. 64 secretary of the crimea electoral commission. in this capacity she participated in the organisation of the russian presidential elections of 18 march 2018 in the illegally annexed crimea and sevastopol, and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of ukraine. 14.5.2018 164. aleksandr yurevich petukhov / aleksandr yurievich petukhov ( ' ) oleksandr yuriyovych pietukhov ( ' ) dob: 17.7.1970 chair of the sevastopol electoral commission. in this capacity he participated in the organisation of the russian presidential elections of 18 march 2018 in the illegally annexed crimea and sevastopol, and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of ukraine. 14.5.2018 165. miroslav aleksandrovich pogorelov ( ' ) myroslav oleksandrovych pohorielov ( ' ) dob: 7.6.1968 deputy chair of the sevastopol electoral commission. in this capacity he participated in the organisation of the russian presidential elections of 18 march 2018 in the illegally annexed crimea and sevastopol, and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of ukraine. 14.5.2018 166. anastasiya nikolayevna kapranova ( ) anastasiya mykolayivna kapranova ( ) dob: 1964 (possibly: 21 april) secretary of the sevastopol electoral commission. in this capacity she participated in the organisation of the russian presidential elections of 18 march 2018 in the illegally annexed crimea and sevastopol, and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of ukraine. 14.5.2018

name: commission implementing decision (eu) 2018/696 of 4 may 2018 concerning the extension of the action taken by the french ministry of environment, energy and sea, in charge of international negotiations on climate permitting the making available on the market and use of the biocidal product ph ro-ball pin in accordance with article 55(1) of regulation (eu) no 528/2012 of the european parliament and of the council (notified under document c(2018) 2643) type: decision_impl subject matter: environmental policy; marketing; europe; health; european union law; agricultural activity; means of agricultural production; chemistry date published: 2018-05-08 8.5.2018 en official journal of the european union l 117/21 commission implementing decision (eu) 2018/696 of 4 may 2018 concerning the extension of the action taken by the french ministry of environment, energy and sea, in charge of international negotiations on climate permitting the making available on the market and use of the biocidal product ph ro-ball pin in accordance with article 55(1) of regulation (eu) no 528/2012 of the european parliament and of the council (notified under document c(2018) 2643) (only the french text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 528/2012 of the european parliament and of the council of 22 may 2012 concerning the making available on the market and use of biocidal products (1) and in particular the third subparagraph of article 55(1) thereof, whereas: (1) on 28 april 2017 the french ministry of environment, energy and sea, in charge of international negotiations on climate (hereinafter referred to as competent authority) adopted a decision in accordance with the first subparagraph of article 55(1) of regulation (eu) no 528/2012, to permit until 24 october 2017 the making available on the market and use in the territory of france of the biocidal product ph ro-ball pin for the control of the pine processionary caterpillars (thaumetopoea pityocampa) (the action). the competent authority informed the commission and the competent authorities of the other member states without delay about the action and the justification for it, in accordance with the second subparagraph of article 55(1) of that regulation. (2) according to the information provided by the competent authority, the action was necessary in order to protect public and animal health, since the pine processionary caterpillars may cause serious health problems to humans and animals. the urticant hairs that fall off the pine processionary caterpillars cause a type of dermatitis known as erucism, the symptoms of which may include cutaneous, ocular, respiratory and allergic reactions. the allergic reactions may sometimes be severe and even result in anaphylactic shock. according to the competent authority, it is estimated that 67 % of municipalities in france are affected by the periodic proliferation of the pine processionary caterpillars. that authority also estimates that several hundred people are affected each year by erucism caused by the pine processionary caterpillars. (3) ph ro-ball pin contains the pheromone (z)-13-hexadecen-11-yn-1-yl acetate (cas no 78617-58-0), which is an active substance for use in biocidal products of product-type 19 as an attractant as defined in annex v to regulation (eu) no 528/2012. as (z)-13-hexadecen-11-yn-1-yl acetate is a new active substance, it has to be approved before biocidal products containing it can be authorised at national or union level. an application for approval of that active substance has been submitted in accordance with article 7 of regulation (eu) no 528/2012 and is currently being evaluated. (4) on 26 december 2017, the commission received a reasoned request from the french authorities to extend the action in accordance with the third subparagraph of article 55(1) of regulation (eu) no 528/2012. the reasoned request was made on the basis of concerns that human and animal health might be endangered by the pine processionary caterpillars, given the impact on human and animal health, with sometimes serious implications, together with the estimated size of the population concerned. the alternatives available in france for the control of the pine processionary caterpillars (mechanical means of control, namely destroying nests manually or mechanical trapping, chemical means of control and biological means of control, namely installing large numbers of tit nesting boxes) are, according to the french authorities, not sufficiently efficient to deal with very large populations of the pine processionary caterpillars in france. moreover, none of those alternatives is suitable for the treatment of areas such as urban parks or forests and wooded areas managed by regional and local authorities. therefore, the french authorities are of the opinion that the biocidal product ph ro-ball pin is still needed to control the pine processionary caterpillars and contain the danger that those caterpillars pose to human and animal health. (5) as the lack of appropriate control of the pine processionary caterpillars might endanger human and animal health and that danger cannot be contained by using other means than biocidal control, it is appropriate to allow the french authorities to extend the action for a period not exceeding 550 days starting the day following the expiry of the initial period of 180 days permitted in the decision of france adopted on 28 april 2017 and under certain conditions. (6) the measures provided for in this decision are in accordance with the opinion of the standing committee on biocidal products, has adopted this decision: article 1 france may extend, until 28 april 2019 at the latest the action to permit the making available on the market and use of the biocidal product ph ro-ball pin for the control of the pine processionary caterpillar, provided that it ensures that the product is only used by certified operators and under the supervision of the competent authority. article 2 this decision is addressed to the republic of france. done at brussels, 4 may 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 167, 27.6.2012, p. 1.

name: commission decision (eu) 2018/672 of 15 december 2016 on the long-term national aid scheme for agriculture in the northern regions of finland (notified under document c(2016) 8419) type: decision subject matter: economic structure; regions of eu member states; europe; agricultural policy; economic policy; competition date published: 2018-05-03 3.5.2018 en official journal of the european union l 113/10 commission decision (eu) 2018/672 of 15 december 2016 on the long-term national aid scheme for agriculture in the northern regions of finland (notified under document c(2016) 8419) (only the finnish and swedish texts are authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to the act of accession to the european union of austria, finland and sweden, and in particular article 142 thereof, whereas: (1) by decision 95/196/ec (1) the commission had approved the long-term national aid scheme for agriculture in the northern regions of finland (nordic aid scheme) as notified by finland pursuant to article 143 of the act of accession with a view to authorisation under article 142 of the act of accession. decision 95/196/ec was replaced by commission decision c(2009) 3067 of 30 april 2009 (2). that decision was last amended by commission decision c(2015) 2790 of 30 april 2015. (2) on 12 october 2015 finland proposed that the commission amend decision c(2009) 3067 in order to simplify the administration of the scheme and to take account of the changes in the common agricultural policy as well as of the economic developments in the agriculture in the northern regions of finland. by letter of 8 june 2016 finland modified the proposal and sent additional information on the agricultural production in its northern regions. (3) given the resulting amendments to decision c(2009) 3067 and the number of previous amendments, it is appropriate to replace that decision by a new decision. (4) the long-term national aid referred to in article 142 of the act of accession is intended to ensure that agricultural activity is maintained in northern regions as determined by the commission. (5) taking account of the factors referred to in article 142(1) and (2) of the act of accession, the national aid under that article should be limited to areas situated north of the 62nd parallel or adjacent to that parallel and which are affected by comparable climatic conditions rendering agricultural activity particularly difficult. the municipality (kunta) should be chosen as the relevant administrative unit, including municipalities surrounded by others within such areas, even where they do not satisfy the same requirements. (6) in order to facilitate the administration of the scheme and to coordinate it with support under regulations (eu) no 1305/2013 (3) and (eu) no 1307/2013 of the european parliament and of the council (4), as well as national aid schemes, it is appropriate to include in the areas receiving aid under this decision the same municipalities as those belonging to the area delimited under the second subparagraph of article 32(2) of regulation (eu) no 1305/2013 in the rural development programme mainland finland 2014-2020. (7) the reference period in relation to which the development of agricultural production and the level of overall support is to be considered, using the national statistics available as a basis, should remain the same as in decision c(2009) 3067 and cover 1991, 1992 and 1993 as regards agricultural production. (8) according to article 142 of the act of accession, the total amount of the aid granted should be sufficient to maintain agricultural activity in the northern regions of finland but may not lead to overall support exceeding the level of support during a pre-accession reference period. therefore it is necessary to take income aid under the common agricultural policy into account when determining the maximum allowable level of aid under that article. on the basis of 2016 data, the maximum annual aid amount should be set at eur 563,9 million, calculated as an average over a 5 year period from 1 january 2017 until 31 december 2021. (9) in order to simplify the nordic aid scheme and to allow finland flexibility in directing the aid to different production sectors, while ensuring a balanced distribution of the aid among the sectors, the maximum average annual aid amount should be divided between the aid categories animal husbandry, plant production and other nordic aid. for cow's milk production it is appropriate to set a separate maximum average annual aid amount, which is sufficient to maintain the production in the northern regions of finland. (10) the aid should be granted annually on the basis of production factors (such as livestock units and ha) within the total limits laid down by this decision. (11) the aid to reindeers should be granted per animal and limited to the traditional number of reindeers in the northern regions of finland. for the storage of wild berries and mushrooms it should be allowed to pay the aid per kg and for the aid to transport of milk and meat and services indispensable for animal husbandry according to the costs incurred, deducting any other public payments towards the same costs. (12) for cow's milk it should be allowed to pay the aid in kg/milk in order to maintain the incentive to efficient production. (13) farm income data from finland indicate considerable annual volatility of farm income in the northern regions, in particular since 2008. with a view to allowing prompt reactions to the volatility and to maintaining agricultural activities in the northern regions of finland, it is appropriate to allow finland to establish, for each calendar year, the amount of aid per sector within an aid category and per unit of production. (14) in this regard, finland should differentiate the aid in its northern regions and set the annual aid amounts according to the severity of the natural handicap and other objective and transparent and justified criteria relating to the objectives set out in the third subparagraph of article 142(3) of the act of accession, which are to maintain traditional primary production and processing particularly suited to the climatic conditions of the regions concerned, to improve the structures for the production, marketing and processing of agricultural products, to facilitate the disposal of the said products and to ensure that the environment is protected and countryside preserved. (15) in order to ensure regular payments over the calendar year, finland should be allowed to pay the aid for a given year using advances based on initial estimates of the number of production factors and production units and pay aid for milk production in monthly instalments based on actual production. (16) overcompensation to the producers should be avoided by recovering undue payments before 1 june of the following year. (17) as provided in article 142(2) of the act of accession, the aid granted under this decision should not lead to an increase in overall production over the traditional production level in the area covered by the nordic aid scheme. (18) therefore it is necessary to establish an annual maximum number of eligible production factors for each aid category, including a separate maximum for the number of dairy cows, at a level equal to or lower than that in the reference periods. (19) as regards the number of dairy cows, account should be taken of the development of production quantity per production factor since the reference periods. therefore the maximum eligible number of dairy cows should be established based on an average production per cow in the period 2004 to 2013. (20) the aid for the breeding, processing and marketing of reindeer should be granted avoiding overcompensation in conjunction with the aid granted in accordance with article 213 of regulation (eu) no 1308/2013 of the european parliament and of the council (5). (21) as regards plant production, in order to allow flexibility in the use of agricultural land between different production sectors, the maximum allowed area should be 944 300 ha, as set in annex ii to decision c(2009)3067 as amended by decision c(2015)2790, which may include a maximum of 481 200 ha grassland. (22) for greenhouse production a separate maximum allowed area should be set at 203 ha, which corresponds to the traditional area of production in the northern regions of finland. (23) where the number of production factors in a category exceeds the maximum number in a given year, the number of eligible production factors should be reduced by a corresponding number of production factors in the calendar year following the year in which the maximum was exceeded. (24) in accordance with article 143(2) of the act of accession, finland is to provide to the commission information on the implementation and effects of the aid. in order to better assess the long-term effects of the aid and with a view to setting the aid levels as 5-year averages, it is appropriate to report on the socioeconomic effects of the aid every five years and provide annual reports containing the financial and other implementation information necessary to ensure that the conditions laid down in this decision are complied with. (25) finland should ensure that appropriate control measures are taken vis- -vis aid beneficiaries. in order to ensure the effectiveness of those measures and transparency in the implementation of the scheme, those control measures should be as far as possible aligned to those carried out under the common agricultural policy. (26) decision c(2009)3067 should therefore be repealed, has adopted this decision: article 1 authorised aid 1. from 1 january 2017 to 31 december 2021 finland is authorised to implement the long-term aid scheme for agriculture in its northern regions comprising the municipal units (kunta) listed in annex i. 2. the total amount of aid granted shall not exceed eur 563,9 million per calendar year, of which a maximum of eur 216,9 million shall be intended for the production of cow's milk. those amounts shall be considered as annual averages of the aid granted in the period of five calendar years covered by this decision. 3. aid categories and the production sectors for each category, the maximum average annual amounts allowed per aid category, calculated as specified in paragraph 2, as well as the maximum annual number of eligible production factors per aid category, are set out in annex ii. 4. aid shall be granted on the basis of eligible production factors as follows: (a) per livestock unit for animal husbandry; (b) per hectare for crop production; (c) per m2 for glasshouse production; (d) per m3 for storage of horticultural products; and (e) as a compensation for actual costs for the transport of milk and meat and indispensable services for livestock production, deducting any other public support for the same costs. aid for the production of cow's milk and storage aid for wild berries and wild mushrooms may be granted per kilogram of actual production. aid for reindeer husbandry shall not lead to overcompensation in conjunction with the aid granted under article 213 of regulation (eu) no 1308/2013. the conversion rates into livestock units (lu) for the various types of livestock are set out in annex iii. 5. in accordance with paragraph 3 and within the limits set in annex ii, finland shall differentiate the aid in its northern regions and set the aid amounts annually per production factor, cost or unit of production on the basis of objective criteria relating to the severity of the natural handicap and other factors contributing to attaining the objectives set out in the third subparagraph of article 142(3) of the act of accession. article 2 reference periods and certain maximum numbers of production factors 1. the reference period referred to in the second indent of the first subparagraph of article 142(3) of the act of accession shall be as follows: (a) as regards production: 1992 for cow's milk and for cattle, 1993 for horticulture, the average for 1991, 1992 and 1993 for other products; (b) as regards the level of overall support: 1993. 2. the maximum number of eligible dairy cows shall be 227 200. 3. the maximum number of eligible hectares of plant production shall be 944 300 ha, of which a maximum of 481 200 ha grassland, and 203 ha for glasshouse production. article 3 conditions for granting aid 1. finland shall lay down, within the limits provided for in this decision, the conditions for granting aid to the various categories of beneficiaries. such conditions shall include the eligibility and selection criteria applied and ensure the equal treatment of beneficiaries. 2. finland shall pay the aid annually to the beneficiaries, based on actual production factors or units of production referred to in article 1(3). advances on the aid may be paid on the basis of the initial estimates for a given year. 3. for cow's milk the aid may be paid in monthly instalments based on actual production figures. 4. an overrun of the maximum annual number of production factors eligible for aid, as set out in annex ii, shall be taken into account as a corresponding reduction in the number of production factors eligible for aid in the year following the overrun. 5. an overpayment or undue payment to a beneficiary shall be recovered by deducting the corresponding amounts from the aid paid to the beneficiary the following year or be otherwise recovered in that year, where no aid amounts are due to the beneficiary. article 4 information and control measures 1. finland shall, as part of the information provided pursuant to article 143(2) of the act of accession, forward to the commission each year before 1 june information on implementation of the aid granted under this decision during the preceding calendar year. the information shall concern in particular: (a) identification of the municipalities in which the aid was paid by means of a detailed map and where necessary by other data; (b) the total production, covering the reporting year, for the regions eligible for aid under this decision, expressed in quantities for each of the products specified in annex ii; (c) the total number of production factors, the number of production factors eligible for aid and the number of production factors supported per production sector specified in annex ii with a breakdown by product within each sector, including the indication of any overrun of the allowed maximum annual number of production factors; (d) the total aid paid, the total amount of aid per aid category and the type of production, amounts paid to beneficiaries per production factor/other unit, as well as the criteria for differentiating aid amounts by sub-regions and types of farm holdings or on the basis of other considerations; (e) the payment system applied with details concerning any advances based on estimates, final payments as well as observed overpayments and their recovery; (f) amounts of aid under article 32 of regulation (eu) no 1305/2013, under regulation (eu) no 1307/2013 and under article 213 of regulation (eu) no 1308/2013 paid in the municipalities covered by this decision; and (g) references to national legislation whereby the aid is implemented. 2. before 1 june 2022 finland shall, in addition to the annual report covering year 2021, submit to the commission a report covering the 5-year period from 1 january 2017 until 31 december 2021. that report shall indicate, in particular: (a) the total aid paid during the 5-year period, and its distribution among aid categories, types of production and sub-regions; (b) the total production, the number of production factors and the income levels of farmers in the regions eligible for the aid; (c) the evolution of agricultural production, processing and marketing in the social and economic context of the northern regions; (d) the effects of the aid on the protection of the environment and the preservation of the countryside; and (e) proposals for the development of the aid based on the data presented in the report, the national and union context of agricultural production as well as other relevant factors 3. finland shall provide data in a form compatible with the statistical standards used by the union. 4. finland shall take all steps necessary to apply this decision and suitable control measures vis- -vis beneficiaries of aid. 5. control measures shall to the extent possible be harmonised with the control systems applied under the union support schemes. article 5 application of any amendments if the commission decides to amend this decision, in particular on the basis of any changes in the common market organisations or the direct support scheme or a change in the rate of any authorised national agricultural state aid, any amendment to the aid authorised by this decision shall apply only from the year following that in which the amendment was adopted. article 6 repeal decision c(2009) 3067 is repealed. article 7 addressee this decision is addressed to the republic of finland. done at brussels, 15 december 2016. for the commission phil hogan member of the commission (1) commission decision 95/196/ec of 4 may 1995 on the long-term national aid scheme for agriculture in the northern regions of finland (oj l 126, 9.6.1995, p. 35). (2) commission decision c(2009) 3067 of 30 april 2009 on the long-term national aid scheme for agriculture in the northern regions of finland. (3) regulation (eu) no 1305/2013 of the european parliament and of the council of 17 december 2013 on support for rural development by the european agricultural fund for rural development (eafrd) and repealing council regulation (ec) no 1698/2005 (oj l 347, 20.12.2013, p. 487). (4) 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). (5) regulation (eu) no 1308/2013 of the european parliament and of the council of 17 december 2013 establishing a common organisation of the markets in agricultural products and repealing council regulations (eec) no 922/72, (eec) no 234/79, (ec) no 1037/2001 and (ec) no 1234/2007 (oj l 347, 20.12.2013, p. 671). annex i municipalities as referred to in article 1(1) enonkoski, hankasalmi, hein vesi, ilmajoki, isokyr , joensuu, joroinen, juva, jyv skyl , j ms (1), kaskinen, kauhajoki, kauhava, kitee, korsn s, kristiinankaupunki, kuopio, kuortane, kurikka, laihia, lapua, laukaa, lepp virta, liperi, maalahti, mikkeli, mustasaari, muurame, m ntt -vilppula, n rpi , outokumpu, parikkala, pieks m ki, puumala, rantasalmi, rautj rvi, ruokolahti, ruovesi, r kkyl , savitaipale, savonlinna, sein joki, siilinj rvi, sulkava, suonenjoki, taipalsaari, teuva, tuusniemi, uusikaarlepyy, vaasa, varkaus, v yri, alaj rvi, alavieska, alavus, evij rvi, haapaj rvi, haapavesi, halsua, hirvensalmi, honkajoki, iisalmi, isojoki, joutsa, juankoski, kaavi, kalajoki, kangasniemi, kannonkoski, kannus, karijoki, karstula, karvia, kaustinen, keitele, kempele, keuruu, kihni , kinnula, kiuruvesi, kivij rvi, kokkola, konnevesi, kontiolahti, kruunupyy, kyyj rvi, k rs m ki, lapinlahti, lappaj rvi, lestij rvi, liminka, luhanka, lumijoki, luoto, merij rvi, merikarvia, muhos, multia, nivala, oulainen, parkano, peders ren kunta, perho, pertunmaa, pet j vesi, pielavesi, pietarsaari, pihtipudas, polvij rvi, pyh joki, pyh j rvi, pyh nt , raahe, rautalampi, reisj rvi, saarij rvi, sievi, siikainen, siikajoki, siikalatva, soini, sonkaj rvi, tervo, tohmaj rvi, toholampi, toivakka, tyrn v , uurainen, vesanto, veteli, vierem , viitasaari, vimpeli, virrat, ylivieska, yl j rvi (2), ht ri, nekoski, ilomantsi, juuka, kajaani, lieksa, nurmes, paltamo, rautavaara, ristij rvi, sotkamo, vaala, valtimo, oulu, utaj rvi, hailuoto, hyrynsalmi, ii, kemi, keminmaa, kuhmo, simo, tervola, tornio, kemij rvi, pello, pudasj rvi, puolanka, ranua, rovaniemi, suomussalmi, taivalkoski, ylitornio, kuusamo, posio, kittil , kolari, pelkosenniemi, salla, savukoski, sodankyl , enonteki , inari, muonio, utsjoki. (1) only the area of former municipalities j ms nkoski and kuorevesi. (2) only the area of the former municipality of kuru. annex ii details of the aid as referred to in article 1(3) aid category production sectors maximum average annual aid in the period 1 january 2017-31 december 2021 (eur mill) (1) maximum annual number of eligible production factors 1. animal husbandry cow's milk, bovines, ewes and she-goats, horses, pigs and poultry animals, 433,7 of which cow's milk 216,9 227 200 dairy cows 181 000 other lu 139 200 lu pigs and poultry (1) 2. plant production field and greenhouse production, storage of horticultural products 110,5 944 300 ha for field production of which 481 200 ha grassland; 203 ha greenhouse production 3. other aid reindeer, transport of milk and meat, indispensable services for livestock production, storage of wild berries and mushrooms 19,7 171 100 reindeers total aid 563,9 (1) the reference quantity for decoupled aid for pigs and poultry. annex iii coefficients for conversion into lu as referred to in article 1(4) the following table is to be used when determining the average number of livestock units (lu). maximum number of livestock units lu bovine animals over two years and suckler cows 1,0 suckler cow heifers from eight months to two years 0,6 other bovine animals from six months to two years 0,6 ewes 0,2 she-goats 0,2 horses (over 6 months): mares for breeding, including pony mares 1,0 finnish horses 1,0 other horses and ponies from 1 to 3 years 0,6

name: decision (eu) 2018/667 of the european central bank of 19 april 2018 on the total amount of annual supervisory fees for 2018 (ecb/2018/12) type: decision subject matter: taxation; management; accounting; financial institutions and credit; free movement of capital date published: 2018-05-02 2.5.2018 en official journal of the european union l 111/3 decision (eu) 2018/667 of the european central bank of 19 april 2018 on the total amount of annual supervisory fees for 2018 (ecb/2018/12) the governing council of the european central bank, having regard to the treaty on the functioning of the european union, having regard to council regulation (eu) no 1024/2013 of 15 october 2013 conferring specific tasks on the european central bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular article 30 thereof, having regard to regulation (eu) no 1163/2014 of the european central bank of 22 october 2014 on supervisory fees (ecb/2014/41) (2), and in particular articles 3(1) and 9(2) thereof, whereas: (1) the total amount of the annual supervisory fees to be levied under article 9(2) of regulation (eu) no 1163/2014 (ecb/2014/41) should cover, but not exceed, the expenditure incurred by the european central bank (ecb) in relation to its supervisory tasks in the relevant fee period. this expenditure primarily consists of costs directly related to the ecb's supervisory tasks, such as direct supervision of significant entities, oversight of the supervision of less significant entities and performance of horizontal tasks and specialised services. it also includes costs indirectly related to the ecb's supervisory tasks, such as services provided by the ecb's support business areas, including premises, human resources management, administrative services, budgeting and controlling, accounting, legal, communication and translation services, internal audit, and statistical and information technology services. (2) to calculate the annual supervisory fees payable in respect of significant supervised entities and significant supervised groups, and less significant supervised entities and less significant supervised groups, the total costs should be split on the basis of the expenditure allocated to the relevant functions that perform the direct supervision of significant supervised entities and significant supervised groups and the indirect supervision of less significant supervised entities and less significant supervised groups. (3) the total amount of the annual supervisory fees for 2018 should be calculated as the sum of: (a) the estimated annual costs of supervisory tasks for 2018, based on the approved ecb budget for 2018, taking into account any developments in the estimated annual costs expected to be incurred by the ecb that were known at the time this decision was adopted; and (b) the surplus or deficit from 2017. (4) the surplus or deficit should be determined by deducting the actual annual costs of the supervisory tasks incurred for 2017, as reflected in the ecb's annual accounts for 2017 (3), from the estimated annual costs levied for 2017 set out in the annex to decision (eu) 2017/760 of the european central bank (ecb/2017/11) (4). (5) in accordance with article 5(3) of regulation (eu) no 1163/2014 (ecb/2014/41), fee amounts related to previous fee periods that were not collectible, interest payments received in accordance with article 14 and amounts received or refunded in accordance with article 7(3) of that regulation, if any, should also be taken into account in the estimated annual costs of supervisory tasks for 2018, has adopted this decision: article 1 definitions for the purposes of this decision, the definitions contained in regulation (eu) no 468/2014 of the european central bank (ecb/2014/17) (5) and regulation (eu) no 1163/2014 (ecb/2014/41) shall apply. article 2 total amount of annual supervisory fees for 2018 1. the total amount of annual supervisory fees for 2018 shall be eur 474 785 269, calculated as shown in annex i. 2. each category of supervised entities and supervised groups shall pay the following total amount of annual supervisory fees: (a) significant supervised entities and significant supervised groups: eur 428 485 342; (b) less significant supervised entities and less significant supervised groups: eur 46 299 927. the split of the total amount of annual supervisory fees for 2018 payable in respect of each category is shown in annex ii. article 3 entry into force 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 frankfurt am main, 19 april 2018. the president of the ecb mario draghi (1) oj l 287, 29.10.2013, p. 63. (2) oj l 311, 31.10.2014, p. 23. (3) published on the ecb's website at www.ecb.europa.eu in february 2018. (4) decision (eu) 2017/760 of the european central bank of 24 april 2017 on the total amount of annual supervisory fees for 2017 (ecb/2017/11) (oj l 113, 29.4.2017, p. 52). (5) regulation (eu) no 468/2014 of the european central bank of 16 april 2014 establishing the framework for cooperation within the single supervisory mechanism between the european central bank and national competent authorities and with national designated authorities (ssm framework regulation) (ecb/2014/17) (oj l 141, 14.5.2014, p. 1). annex i calculation of the total amount of annual supervisory fees for 2018 (eur) estimated annual costs for 2018 502 467 814 salaries and benefits 247 584 306 rent and building maintenance 53 932 669 other operating expenditure 200 950 839 surplus/deficit from 2017 27 930 375 amounts to be taken into account in accordance with article 5(3) of regulation (eu) no 1163/2014 (ecb/2014/41) 247 830 fee amounts related to previous fee periods that were not collectible 0 interest payments received in accordance with article 14 of the above regulation 7 079 amounts received or refunded in accordance with article 7(3) of the above regulation 254 909 total 474 785 269 annex ii split of the total amount of annual supervisory fees for 2018 (eur) significant supervised entities and significant supervised groups less significant supervised entities and less significant supervised groups total estimated annual costs for 2018 458 594 063 43 873 751 502 467 814 surplus/deficit from 2017 30 206 780 2 276 405 27 930 375 amounts to be taken into account in accordance with article 5(3) of regulation (eu) no 1163/2014 (ecb/2014/41) 98 059 149 771 247 830 fee amounts related to previous fee periods that were not collectible 0 0 0 interest payments received in accordance with article 14 of the above regulation 3 859 3 220 7 079 amounts received or refunded in accordance with article 7(3) of the above regulation 101 918 152 991 254 909 total 428 485 342 46 299 927 474 785 269

name: council decision (cfsp) 2018/655 of 26 april 2018 amending decision 2013/184/cfsp concerning restrictive measures against myanmar/burma type: decision subject matter: cooperation policy; international affairs; defence; criminal law; asia and oceania; technology and technical regulations; civil law; european construction; international trade date published: 2018-04-27 27.4.2018 en official journal of the european union l 108/29 council decision (cfsp) 2018/655 of 26 april 2018 amending decision 2013/184/cfsp concerning restrictive measures against myanmar/burma 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 of the high representative of the union for foreign affairs and security policy, whereas: (1) on 22 april 2013, the council adopted decision 2013/184/cfsp (1) concerning restrictive measures against myanmar/burma. (2) on 26 february 2018, the council adopted conclusions condemning the ongoing widespread, systematic grave human rights violations committed by the myanmar/burma military and security forces and calling on the government of myanmar/burma and the security forces to ensure that security, the rule of law and accountability prevail in rakhine, kachin and shan states. the conclusions confirmed the relevance of the existing embargo on arms and equipment which can be used for internal repression and endorsed the renewal of these restrictive measures. it also called for concrete options for the strengthening of the current embargo and for proposals for targeted restrictive measures against senior military officers of the myanmar armed forces (tatmadaw) responsible for serious and systematic human rights violations. (3) in this context it is appropriate to impose further restrictive measures on myanmar/burma in the form of a prohibition on the export of dual-use goods for military and border guard police end users, restrictions on the export of equipment for monitoring communications that might be used for internal repression, and on military training and military cooperation. (4) furthermore, targeted restrictive measures should be imposed against certain natural persons from the myanmar armed forces (tatmadaw) and the border guard police responsible for serious human rights violations, for example for inciting violence, for discrimination and violence against persons belonging to minorities in rakhine and for obstructing the voluntary and safe return process of displaced persons from rakhine state to their place of origin, as well as against persons, entities or bodies associated with them. targeted restrictive measures should also be imposed against certain natural persons from the myanmar armed forces (tatmadaw) and the border guard police responsible for obstructing the provision of humanitarian assistance to civilians in need or responsible for obstructing the conduct of independent investigations into alleged serious human rights violations or abuses, as well as against persons, entities or bodies associated with them. (5) the passage of humanitarian assistance for civilians in need, subject to control by the parties to the conflict and in accordance with international humanitarian law, should not be impeded. it is thus appropriate to apply restrictions on natural persons from the myanmar armed forces (tatmadaw) responsible for obstructing the rapid and unimpeded passage of humanitarian assistance for civilians in need. such restrictions should not unduly affect the delivery of humanitarian assistance and should be applied in full consideration of human rights law and of the applicable rules of international humanitarian law. (6) decision 2013/184/cfsp should be amended accordingly. (7) further action by the union is needed in order to implement certain measures, has adopted this decision: article 1 decision 2013/184/cfsp is amended as follows: (1) the following wording is added before article 1: chapter i export restrictions; (2) the following article is inserted: article 1a 1. the direct or indirect sale, supply, transfer or export of all dual-use goods and technology listed in annex i to council regulation (ec) no 428/2009 (*1) for military use in myanmar/burma, or to any military end-user or to the border guard police in myanmar/burma by nationals of member states or from the territories of member states or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories. 2. it shall be prohibited: (a) to provide technical assistance, brokering services or other services related to goods and technology set out in paragraph 1 and to the provision, manufacture, maintenance and use of these goods and technology, directly or indirectly, to any military end-user or to the border guard police in myanmar/burma, or for military use in myanmar/burma; (b) to provide financing or financial assistance related to goods and technology referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of these goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly, to any military end-user or to the border guard police in myanmar/burma, or for military use in myanmar/burma. 3. the prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution of contracts concluded before 27 april 2018 or ancillary contracts necessary for the execution of such contracts. (*1) council regulation (ec) no 428/2009 of 5 may 2009 setting up a community regime for the control of exports, transfer, brokering and transit of dual-use items (oj l 134, 29.5.2009, p. 1).;" (3) article 2 is replaced by the following: article 2 1. articles 1 and 1a shall not apply to: (a) the sale, supply, transfer or export of non-lethal military equipment, or of equipment which might be used for internal repression or dual-use goods and technology listed in annex i to regulation (ec) no 428/2009 intended solely for humanitarian or protective use, or for institution-building programmes of the un and the eu, or of materiel intended for eu and un crisis management operations; (b) the sale, supply, transfer or export of demining equipment and materiel for use in demining operations; (c) the provision of financing and financial assistance related to such equipment or to such programmes and operations; (d) the provision of technical assistance related to such equipment or to such programmes and operations; on condition that such exports have been approved in advance by the relevant competent authority. 2. article 1 and 1a shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to myanmar/burma by un personnel, personnel of the eu or its member states, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.; (4) article 3 is replaced by the following: article 3 1. the sale, supply, transfer or export of equipment, technology or software intended primarily for use in the monitoring or interception by the government of myanmar/burma, or on its behalf, of the internet and of telephone communications on mobile or fixed networks in myanmar/burma, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the provision of financial and technical assistance to install, operate or update such equipment, technology or software, by nationals of member states or from the territories of member states shall be prohibited. 2. by derogation from paragraph 1, member states may authorise the sale, supply, transfer or export of the equipment, technology or software, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the related provision of financial and technical assistance, referred to in paragraph 1 if they have reasonable grounds to determine that the equipment, technology or software would not be used for internal repression by myanmar/burma's government, public bodies, corporations or agencies, or any person or entity acting on their behalf or at their direction. the member state concerned shall inform the other member states and the commission of any authorisation granted under this paragraph, within four weeks of the authorisation. 3. the union shall take the necessary measures in order to determine the relevant elements to be covered by this article.; (5) the following articles and chapters are inserted: chapter ii restrictions on military training and military cooperation article 4 1. the provision of military training to or military cooperation with the myanmar armed forces (tatmadaw) and the border guard police shall be prohibited. 2. the prohibition in paragraph 1 shall not apply to training or cooperation aimed at strengthening democratic principles, the rule of law or respect for international law, including international human rights law, in myanmar/burma. chapter iii restrictions on admission article 5 1. member states shall take the necessary measures to prevent the entry into, or transit through, their territories of: (a) natural persons from the myanmar armed forces (tatmadaw) and the border guard police responsible for serious human rights violations in myanmar/burma; (b) natural persons from the myanmar armed forces (tatmadaw) and the border guard police responsible for obstructing the provision of humanitarian assistance to civilians in need; (c) natural persons from the myanmar armed forces (tatmadaw) and the border guard police responsible for obstructing the conduct of independent investigations into alleged serious human rights violations or abuses, or (d) natural persons associated with the natural persons referred to in points (a), (b) and (c), as listed in the annex. 2. paragraph 1 shall not oblige a member state to refuse its own nationals entry into its territory. 3. paragraph 1 shall be without prejudice to the cases where a member state is bound by an obligation of international law, namely: (a) as a host country to an international intergovernmental organisation; (b) as a host country to an international conference convened by, or under the auspices of, the un; (c) under a multilateral agreement conferring privileges and immunities; or (d) under the 1929 treaty of conciliation (lateran pact) concluded by the holy see (state of the vatican city) and italy. 4. paragraph 3 shall be considered as also applying in cases where a member state is host country of the organisation for security and cooperation in europe (osce). 5. the council shall be duly informed in all cases where a member state grants an exemption pursuant to paragraph 3 or 4. 6. member states may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the ground of urgent humanitarian need, or on grounds of attending intergovernmental meetings and those promoted or hosted by the european union, or hosted by a member state holding the chairmanship in office of the osce, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures, including democracy, human rights and the rule of law in myanmar/burma. 7. a member state wishing to grant exemptions referred to in paragraph 6 shall notify the council in writing. the exemption shall be deemed to be granted unless one or more of the council members raises an objection in writing within two working days of receiving notification of the proposed exemption. should one or more of the council members raise an objection, the council, acting by a qualified majority, may decide to grant the proposed exemption. 8. where, pursuant to paragraph 3, 4, 6 or 7, a member state authorises the entry into, or transit through, its territory of persons listed in the annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby. chapter iv freezing of funds and economic resources article 6 1. all funds and economic resources belonging to or owned, held or controlled by: (a) natural persons from the myanmar armed forces (tatmadaw) and the border guard police responsible for serious human rights violations in myanmar/burma; (b) natural persons from the myanmar armed forces (tatmadaw) and the border guard police responsible for obstructing the provision of humanitarian assistance to civilians in need; (c) natural persons from the myanmar armed forces (tatmadaw) and the border guard police responsible for obstructing the conduct of independent investigations into alleged serious human rights violations or abuses; or (d) natural or legal persons, entities or bodies associated with the natural persons referred to in points (a), (b) and (c), as listed in the annex, shall be frozen. 2. no funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities and bodies listed in the annex. 3. the competent authority of a member state may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are: (a) necessary to satisfy the basic needs of the natural or legal persons, entities or bodies listed in the annex and dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges; (b) intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services; (c) intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; (d) necessary for extraordinary expenses, provided that the relevant competent authority has notified the competent authorities of the other member states and the commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation; or (e) to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation. the member state concerned shall inform the other member states and the commission of any authorisation granted under this paragraph. 4. by way of derogation from paragraphs 1, the competent authorities of a member state may authorise the release of certain frozen funds or economic resources if the following conditions are met: (a) the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 1 was listed in the annex, or of a judicial or administrative decision rendered in the union, or a judicial decision enforceable in the member state concerned, prior to or after that date; (b) the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims; (c) the decision is not for the benefit of a natural or legal person, entity or body listed in the annex; and (d) recognising the decision is not contrary to public policy in the member state concerned. the member state concerned shall inform the other member states and the commission of any authorisation granted under this paragraph. 5. paragraph 1 shall not prevent a natural or legal person, entity or body listed in the annex from making a payment due under a contract or agreement that was concluded by, or an obligation that arose for, a natural or legal person, an entity or body listed in the annex prior to the date on which such natural or legal person, entity or body was listed therein, provided that the member state concerned has determined that the payment is not in breach of paragraph 3. 6. paragraph 2 shall not apply to the addition to frozen accounts of: (a) interest or other earnings on those accounts; (b) payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2; or (c) payments due under judicial, administrative or arbitral decisions rendered in the union or enforceable in the member state concerned, provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1. chapter v general and final provisions article 7 1. the council, acting by unanimity upon a proposal by a member state or the high representative of the union for foreign affairs and security policy, shall establish and amend the list in the annex. 2. the council shall communicate the decision referred to in paragraph 1, including the grounds for the listing, to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such person, entity or body with an opportunity to present observations. 3. where observations are submitted, or where substantial new evidence is presented, the council shall review the decision referred to in paragraph 1 and inform the natural or legal person, entity or body concerned accordingly. article 8 1. the annex shall include the grounds for listing the natural and legal persons, entities and bodies referred to in articles 5(1) and 6(1). 2. the annex shall also contain, where available, the information necessary to identify the natural or legal persons, entities or bodies concerned. with regard to natural persons, such information may include: names, including aliases; date and place of birth; nationality; passport and identity card numbers; gender; address, if known; and function or profession. with regard to legal persons, entities or bodies, such information may include names, place and date of registration, registration number and place of business. article 9 it shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures laid down in this decision. article 10 no claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by: (a) designated natural or legal persons, entities or bodies listed in the annex; (b) any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a). article 11 in order to maximise the impact of the measures set out in this decision, the union shall encourage third states to adopt restrictive measures similar to those provided for in this decision. article 12 this decision shall apply until 30 april 2019. 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.; (6) articles 4 and 5 are renumbered as articles 13 and 14 respectively; (7) the annex set out in the annex to this decision is added. 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, 26 april 2018. for the council the president e. zaharieva (1) council decision 2013/184/cfsp of 22 april 2013 concerning restrictive measures against myanmar/burma and repealing decision 2010/232/cfsp (oj l 111, 23.4.2013, p. 75). annex annex list of natural and legal persons, entities and bodies referred to in articles 5(1) and 6(1).

name: commission implementing decision (eu) 2018/642 of 25 april 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (notified under document c(2018) 2640) (text with eea relevance. ) type: decision_impl subject matter: europe; agricultural activity; agricultural policy; regions of eu member states; international trade date published: 2018-04-26 26.4.2018 en official journal of the european union l 106/23 commission implementing decision (eu) 2018/642 of 25 april 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (notified under document c(2018) 2640) (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) 2017/247 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype h5 in a number of member states (the concerned member states), and the establishment of protection and surveillance zones by the competent authority of the concerned member states in accordance with article 16(1) of council directive 2005/94/ec (4). (2) implementing decision (eu) 2017/247 provides that the protection and surveillance zones established by the competent authorities of 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. implementing decision (eu) 2017/247 also lays down that the measures to be applied in the protection and surveillance zones, as provided for in article 29(1) and article 31 of directive 2005/94/ec, are to be maintained until at least the dates for those zones set out in the annex to that implementing decision. (3) since the date of its adoption, implementing decision (eu) 2017/247 has been amended several times to take account of developments in the epidemiological situation in the union as regards avian influenza. in particular, implementing decision (eu) 2017/247 was amended by commission implementing decision (eu) 2017/696 (5) in order to lay down rules regarding the dispatch of consignments of day-old chicks from the areas listed in the annex to implementing decision (eu) 2017/247. that amendment took into account the fact that day-old chicks pose a very low risk for the spread of highly pathogenic avian influenza compared to other poultry commodities. (4) implementing decision (eu) 2017/247 was also subsequently amended by commission implementing decision (eu) 2017/1841 (6) in order to strengthen the disease control measures applicable where there is an increased risk for the spread of highly pathogenic avian influenza. consequently, implementing decision (eu) 2017/247 now provides for the establishment at union level of further restricted zones in the concerned member states, as referred to in article 16(4) of directive 2005/94/ec, following an outbreak or outbreaks of highly pathogenic avian influenza, and the duration of the measures to be applied therein. implementing decision (eu) 2017/247 now also lays down rules for the dispatch of live poultry, day-old chicks and hatching eggs from the further restricted zones to other member states, subject to certain conditions. (5) in addition, the annex to implementing decision (eu) 2017/247 has been amended numerous times, mainly to take account of changes in the boundaries of the protection and surveillance zones established by the concerned member states in accordance with directive 2005/94/ec. (6) the annex to implementing decision (eu) 2017/247 was last amended by commission implementing decision (eu) 2018/623 (7), following the notification by bulgaria of new outbreaks of highly pathogenic avian influenza of subtype h5 in poultry holdings in the plovdiv region of that member state. bulgaria also notified the commission that it had duly taken the necessary measures required in accordance with directive 2005/94/ec following those new outbreaks, including the establishment of protection and surveillance zones around the infected poultry holdings. (7) since the date of the last amendment made to implementing decision (eu) 2017/247 by implementing decision (eu) 2018/623, bulgaria has notified the commission of a recent outbreak of highly pathogenic avian influenza of subtype h5 in a poultry holding in the haskovo region of that member state. (8) bulgaria has also notified the commission that it has taken the necessary measures required in accordance with directive 2005/94/ec following that recent outbreak, including the establishment of protection and surveillance zones around the infected poultry holding in that member state. (9) the commission has examined those measures in collaboration with bulgaria, and the commission is satisfied that the boundaries of the protection and surveillance zones, established by the competent authority of bulgaria, are at a sufficient distance to the poultry holding where the new outbreak was confirmed. (10) 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 bulgaria, the protection and surveillance zones established in bulgaria, in accordance with directive 2005/94/ec, following the recent outbreak of highly pathogenic avian influenza in that member state. (11) implementing decision (eu) 2017/247 should therefore be updated to take account of the up-to-date epidemiological situation in bulgaria, as regards highly pathogenic avian influenza. in particular, the newly established protection and surveillance zones in bulgaria, now subject to restrictions in accordance with directive 2005/94/ec, should be listed in the annex to implementing decision (eu) 2017/247. (12) the annex to implementing decision (eu) 2017/247 should therefore be amended to update regionalisation at union level in order to include the protection and surveillance zones established in bulgaria, in accordance with directive 2005/94/ec, following the recent outbreak of highly pathogenic avian influenza in that member state, and the duration of the restrictions applicable therein. (13) implementing decision (eu) 2017/247 should therefore be amended accordingly. (14) 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) 2017/247 is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 25 april 2018. 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) 2017/247 of 9 february 2017 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 36, 11.2.2017, p. 62). (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) 2017/696 of 11 april 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 101, 13.4.2017, p. 80). (6) commission implementing decision (eu) 2017/1841 of 10 october 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 261, 11.10.2017, p. 26). (7) commission implementing decision (eu) 2018/623 of 20 april 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (oj l 102, 23.4.2018, p. 81). annex the annex to implementing decision (eu) 2017/247 is amended as follows: (1) in part a, the entry for bulgaria is replaced by the following: member state: bulgaria area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec yambol region: municipality of straldzha: zimnitsa 26.4.2018 plovdiv region: municipality of rodopi: krumovo yagodovo 9.5.2018 municipality of maritsa: kalekovets trilistnik municipality of rakovski: stryama 10.5.2018 haskovo region: municipality of haskovo malevo 15.5.2018 (2) in part b, the entry for bulgaria is replaced by the following: member state: bulgaria area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec yambol region: municipality of straldzha: zimnitsa from 27.4.2018 to 6.5.2018 municipality of yambol: yambol 6.5.2018 municipality of straldzha: straldzha vodenichene dzhinot municipality of tundzha: mogila veselinovo kabile sliven region: municipality of sliven: zhelyu voivoda blatets dragodanovo gorno aleksandrovo plovdiv region: municipality of rodopi: krumovo yagodovo from 10.5.2018 to 18.5.2018 municipality of rodopi: brestnik belashtica markovo branipole municipality of sadovo: katunitsa karadzhzovo kochevo mominsko municipality of kuklen: kuklen ruen municipality of maritsa: skutare rogosh municipality of asenovgrad: asenovgrad municipality of plovdiv: plovdiv 18.5.2018 plovdiv region: municipality of maritsa: kalekovets trilistnik municipality of rakovski: stryama from 11.5.2018 to 19.5.2018 municipality of maritsa: yasno pole dink maritsa kalekovets trud zhelyazno voivodino skutare rogosh manole manolsko konare municipality of rakovski: rakovski momino selo 19.5.2018 haskovo region: municipality of haskovo: malevo from 16.5.2018 to 24.5.2018 municipality of haskovo: voivodovo manastir haskovo krivo pole knizhovnik orlovo konush momino dolno voivodino dinevo liubenovo stoikovo stamboliiski municipality of stambolovo: zjalti briag stambolovo kralevo 24.5.2018

name: commission decision (eu) 2018/628 of 11 november 2016 on state aid sa.24221(2011/c) (ex 2011/nn) implemented by austria for the klagenfurt airport, ryanair and other airlines using the airport (notified under document c(2016) 7131) (text with eea relevance. ) type: decision subject matter: economic policy; european union law; organisation of transport; marketing; competition; air and space transport; europe; regions of eu member states date published: 2018-04-26 26.4.2018 en official journal of the european union l 107/1 commission decision (eu) 2018/628 of 11 november 2016 on state aid sa.24221(2011/c) (ex 2011/nn) implemented by austria for the klagenfurt airport, ryanair and other airlines using the airport (notified under document c(2016) 7131) (only the german version 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 letter of 5 october 2007 a competitor of the irish airline ryanair plc (hereinafter: ryanair) on the european air passenger transport market, who requested not to have its identity disclosed, lodged a complaint with the commission alleging that ryanair has been granted unlawful state aid by the federal state of carinthia, the city of klagenfurt, k rnten werbung marketing & innovationsmanagement gmbh (hereafter: k rnten werbung) and the airport of klagenfurt (hereinafter klu) via its operating company k rntner flughafen betriebsgesellschaft mbh (hereinafter kfbg). (2) by letter of 11 october 2007 the commission forwarded the complaint to austria and requested information. the austrian authorities responded by letter dated 2 january 2008. (3) the commission requested additional information from the austrian authorities by letters dated 15 november 2010 and 24 march 2011. the austrian authorities responded by letters dated 28 january 2011 and 30 may 2011. (4) on 8 april 2011 the commission invited ryanair to provide certain information. ryanair submitted the information by letter dated 4 july 2011. on 15 july 2011 the commission forwarded the submission of ryanair to the austrian authorities, which provided their comments by letter of 20 september 2011. (5) after having examined the information supplied by the austrian authorities, the commission decided on 22 february 2012 to open the investigation procedure laid down in article 108(2) of the treaty on the functioning of the european union (tfeu). the decision to open the formal investigation procedure (hereinafter the opening decision) was transmitted to austria on the same date and was subsequently published in the official journal of the european union. the commission invited interested parties to submit their comments on the measure (2). (6) by letter dated 13 march 2012 austria requested the commission to extend the deadline to submit its observations about the commission's opening decision. the commission granted an extension of the deadline by letter of 19 april 2012. austria submitted its observations on 16 may, 11 june and 31 august 2012. (7) by letters dated 20 june 2012, 5 october 2012, 3 may 2013 and 28 may 2014 the commission forwarded interested parties' observations to austria. (8) by letter dated 24 february 2014 the commission informed austria and the interested parties to the procedure that the commission guidelines on state aid to airports and airlines (3) (hereinafter the 2014 aviation guidelines) were adopted on 20 february 2014 and invited them to submit comments on the application of the new eu guidelines on state aid to airport and airlines to this investigation. austria replied by letter of 20 march 2014. (9) the 2014 aviation guidelines were published in the official journal of the european union on 4 april 2014. they replaced the 2005 community guidelines on financing of airports and start-up aid to airlines departing from regional airports (4) (hereinafter the 2005 aviation guidelines). (10) by letter of 28 may 2014 the commission requested further information from austria regarding a marketing contract between the klu and ryanair signed on 22 january 2002. the commission had previously learned from this contract by a submission of an interested party (ryanair). by letter of 11 june 2014 austria replied to this request. (11) after having examined the information supplied by the austrian authorities, the commission decided on 23 july 2014 to extend the investigation procedure. the decision to extend the formal investigation procedure (5) (hereinafter the extension decision) was transmitted to austria on the same date and was subsequently published in the official journal of the european union. the commission invited interested parties to submit their comments on the measure. (12) austria submitted its observations on the measure which was the object of the extension decision by letter dated 20 august 2014. the commission received comments from interested parties. it forwarded them to austria, which was given the opportunity to react; its comments were received by letter dated 17 december 2014. (13) by letters dated 1 december 2014, 5 february 2015, 24 april 2015 and 11 december 2015 the commission forwarded interested parties' observations to austria. (14) the commission requested additional information from the austrian authorities by letters dated 15 december 2014, 13 january 2015, 5 february 2015, 19 march 2015 and 25 september 2015. the austrian authorities responded by letters dated 28 january 2015, 12 february 2015, 31 march 2015, 14 april 2015 and 11 november 2015. 2. description of the measures and grounds for initiating the procedure 2.1. introduction (15) this case deals with several measures that concern klu as well as different airlines operating at klu: klu has been financed by its shareholders from 2000 to 2010, klu operated an incentive scheme as of 2005 to the benefit of several airlines, klu entered into several agreements with ryanair, leading verge.com limited (hereinafter lv), airport marketing services (jersey) limited (hereinafter ams), hapag lloyd express, tuifly, air berlin and austrian airlines (hereinafter aua). 2.2. general presentation of klagenfurt airport (16) klu is located at the outskirts of the city of klagenfurt, which is the capital of the austrian federal state carinthia (bundesland k rnten). carinthia is a mountainous region in the south of austria. (17) klu was founded in 1915 as a military air base. soon after that it was used for both military and civil purposes and this dual utilisation continues until today. (18) klu is owned and operated since 1939 by kfbg which is held by several shareholders. until 2003 the shares were held by the republic of austria (60 %), the state of carinthia (20 %) and klagenfurt city (20 %). in april 2003 the state of carinthia took over the shares of the republic of austria, committing itself to keep the airport open for military purposes. since 2003 the shares were therefore held by the state of carinthia (80 %) and klagenfurt city (20 %). in november 2008 the 80 % share of the state of carinthia in the airport were transferred to k rntner landes- und hypothekenbank-holding. (19) the airport has a main runway of 2 720 metres, which remained unchanged since 2000. its terminal has a maximum capacity of 600 000 passengers. the passenger numbers have evolved as follows: table 1 traffic figures at klu year total passengers movements freight in kg 2000 235 503 8 325 78 931 2001 226 701 7 133 67 159 2002 259 717 6 894 29 939 2003 313 557 6 979 47 347 2004 486 274 8 810 57 881 2005 522 697 8 907 53 212 2006 409 004 7 718 41 563 2007 469 033 8 103 34 894 2008 429 889 7 679 23 935 2009 410 512 7 785 30 153 2010 425 933 7 482 13 443 2011 375 307 6 451 206 2012 279 045 4 576 0 2013 258 421 4 262 0 2014 224 846 3 920 0 2015 227 625 3 922 0 (20) klu is located in carinthia, the southernmost state of austria. as carinthia is situated within the eastern alps it is known for its mountains, such as the hohe tauern range, carnic alps and karawanken and tourism is one of the major industries. due to this alpine situation, carinthia has a continental climate with long harsh winters. (21) klu is situated at the following distances/travelling time by car to other airports. it has to be noted however that these indications for travelling time can only be met under best conditions, and will often take longer due to blocked roads and congested tunnels because of adverse weather conditions and too much traffic volume for the tunnels. ljubljana airport (slovenia): 80 km, 1 h 30 graz airport (austria): 128 km, 1 h 10 maribor airport (slovenia): 137 km, 1 h 47 trieste airport (italy): 203 km, 1 h 51 salzburg airport (austria): 223 km, 2 h venezia airport (italy): 282 km, 2 h 34 treviso airport (italy): 290 km, 2 h 43 2.3. entities involved in the measures at klagenfurt airport 2.3.1. destinations management gmbh (22) destinations management gmbh (hereafter: dmg) is a 100 % subsidiary of kfbg. dmg is provider of different services to klu in the aerospace sector, such as travel agency services, event manager and consultant to attract airlines to the destination of klagenfurt. 2.3.2. k rnten werbung, marketing & innovationsmanagement gmbh (23) k rnten werbung is owned by k rntner landes- und hypothekenbank-holding (until november 2008 by the state of carinthia) (60 %), the chamber of economy of carinthia (30 %) and the chamber of employees (10 %). the purpose of the company is marketing activities for the tourism in carinthia. k rnten werbung is financed by its shareholders, i.e. by the k rntner landes- und hypothekenbank-holding, the chamber of economy of carinthia and the chamber of employees. it is controlled by the supervisory board which is nominated by the shareholders. 2.3.3. k rntner landes- und hypothekenbank-holding (24) k rntner landes- und hypothekenbank-holding (hereafter: klh) was a legal person governed by public law and established in 1990 by the k rntner landesholding-gesetz (klh-g) (6). the klh was a legal person sui generis and holder of special rights. klh was not a corporation under commercial law. klh was however registered in the commercial register under a company number. klh also did not publish balance sheets or annual accounts, but rather, in accordance with 28 klh-g, made them available to the government of the state of carinthia. klh acted as owner company (holding), i.e. state assets agency for the shares which the state of carinthia holds in the former regional mortgage bank of carinthia (k rntner landes hypothekenbank) and other companies, such as the land k rnten beteiligungen gmbh, the k rntner verm gensverwaltungs gmbh et al. klh owns 80 % of the shares of kfbg. (25) according to its statutes, the purpose of klh was to acquire, hold, administer and divest assets, in particular shares in companies, and to found companies. klh was to carry out a strategic holding policy for all its companies to guarantee synergy effects, clear competences and carry out a centralised controlling. klh had to carry out its business in the interest of the state of carinthia. the operative business was carried out by the companies themselves. for the direct and indirect financing and support of projects by klh a special fund called zukunft k rnten was established by the state of carinthia. the core of the fund consisted of eur 500 million. (26) the board of klh was appointed by the supervisory board of klh. the supervisory board on its part was appointed by the government of the state of carinthia. it is stipulated in the statutes that the members of the supervisory board shall represent the proportions of the political parties represented in the government of the state of carinthia. moreover, the supervisory board had to agree with any investment decision of the board above the amount of eur 50 000. according to 5 of the statutes of klh, klh was under a constant supervision by the government of the state of carinthia. the government of carinthia had to ensure that all decisions of klh were in the interest of the state of carinthia. 2.3.4. leading verge.com limited (27) lv is a 100 % subsidiary of ryanair and is active as marketing company for ryanair. 2.3.5. airport marketing services (jersey) limited (28) ams is a 100 % subsidiary of ryanair. its main activity is to sell advertising space on the ryanair website. ams has the exclusive license to offer marketing services on the website www.ryanair.com of ryanair. 2.4. financing of klagenfurt airport by the city of klagenfurt, the state of carinthia and other entities (29) in the period between 2000 and 2010 klu received from its shareholders as well as the federal ministry for the interior and the federal ministry of finances financial contributions. these different contributions to kfbg and dmg are represented in the following table. table 2 financial contributions to kfbg year of contribution state of carinthia to kfbg city of klagenfurt to kfbg klh to dmg klh (zukunfts-fonds) to dmg state of carinthia to dmg federal ministries to kfbg 2000 36 336 0 0 0 0 24 000 2001 145 349 0 0 0 0 24 000 2002 90 840 + 180 000 + 134 500 90 840 0 0 1 000 000 27 000 2003 377 964 + 96 850 + 88 500 181 680 0 0 0 553 000 2004 1 424 100 + 120 000 + 25 000 + 5 280 181 680 0 0 0 878 000 2005 1 193 579 151 400 0 0 0 642 000 2006 1 149 887 0 0 0 0 791 000 2007 459 855 104 000 0 0 0 824 000 2008 800 000 247 000 570 000 0 0 1 134 000 2009 800 000 93 000 615 000 115 969 0 682 000 2010 473 600 300 000 0 346 179 0 896 000 2011 800 000 304 000 0 473 925 0 0 2.5. the airport incentive scheme of k rntner flughafen betriebs gmbh of 2005 (30) the schedule of charges of klu is approved every year by the federal ministry for transport and consists of part i tarifordnung and part ii entgeltordnung. part i deals with the following tariffs: landing fee (per turnaround), passenger fee (per departing passenger), parking fee (per turnaround) and infrastructure fee (airside: per turnaround, landside: per passenger). the infrastructure fee is for the use of the airport central infrastructure and applies when a ramp/traffic handling service is provided. it consists of the air side infrastructure tariff which depends on the maximum take-off weight (hereafter mtow) of the aircraft and the number of seats and a landside infrastructure tariff per departing passenger. (31) part ii (entgeltordnung) deals with the ground handling services. the fees for ground handling services are divided into two groups: services which have to be paid for independently of the range of the use; traffic handling charge (thc) and ramp handling charge (rhc) and individual services which have to be paid only with respect to the individual use. the amount of the thc and rhc depends on the mtow of the aircraft. the thc is between eur 337 and 3 886, the rhc is between eur 226 and 2 404. (32) in 2005 kfbg introduced an incentive scheme (hereinafter 2005 incentive scheme) for airlines with and from destination of klagenfurt airport with the objective to enhance the creation of new flight destinations (hereinafter destinations incentive), to intensify existing flight connections (hereinafter frequency incentive) and to strengthen and secure existing flight connections (hereinafter passenger incentive). the scheme entered into force 1 september 2005 and ended 31 december 2008. in december 2008 the incentive scheme was extended until 2013. (33) the destinations and frequency incentive scheme granted incentives as a percentage rebate on certain airport charges (landing fee, infrastructure fee airside, ramp handling charge) which are laid down in the schedule of charges of klu. (34) the passenger incentive scheme was an absolute amount paid per passenger of a departing flight from klu fixed for the whole duration of the scheme. the incentive was deducted from the same fees as for the destinations and frequency incentive. the amount was indicated as a maximum amount. if the flights were increased or decreased the amount was adapted respectively but not above the maximum amount. (35) a combination of the destinations and frequency incentive with the passenger incentive was possible insofar as all forms of incentives could be combined but not cumulated for the same passengers. this means that the passenger numbers on which are based the destinations and frequency incentives were deducted from the overall passenger number when calculating the passenger incentive. (36) the incentive scheme was published on the website of klu and was open to all airlines operating on klu but applied only for scheduled flights, charter flights were excluded. the application had to be based on a prior agreement between kfbg and the airline on the planned frequencies and routes. (37) the incentive was refunded by kfbg at the end of a calendar year. at that moment the airline had to prove the number of passengers and flights from and to the destination of klu. table 3 incentives at klu since 2005 year destinations incentive on landetarif, luftseitiger infrastrukturtarif and vorfeldabfertigungsentgelt frequencies incentive on landetarif, luftseitiger infrastrukturtarif and vorfeldabfertigungsentgelt passenger incentive (maximum) per departing passenger (eur) 2005-2008 1st year: 70 % 1st year: 60 % 7,62 2009 2nd year: 60 % 2nd year: 50 % 5,06 2010 3rd year: 50 % 3rd year: 40 % 4,85 2011 4,85 table 4 overview of the amounts of incentives paid to airlines at klu since 2005 (in thousand eur) 2013 2012 2011 2010 2009 2008 2007 2006 2003-2005 passenger-incentive: austrian airlines group [ ] (*1) [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] (7) ryanair [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] tuifiy (hlx) [ ] [ ] airberlin [ ] [ ] [ ] lufthansa [ ] [ ] germanwings [ ] [ ] destinations-incentive: lufthansa [ ] [ ] [ ] [ ] robin hood [ ] ryanair [ ] [ ] [ ] [ ] tuifiy (hlx) [ ] [ ] [ ] airberlin [ ] [ ] condor [ ] [ ] [ ] frequency-incentive: austrian airlines group germanwings [ ] [ ] [ ] [ ] sum [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] table 5 application of incentives since 2005 passenger-incentive destination-incentive frequency incentive austrian airlines 1.1.-31.12.2002 (8) 1.1.2003 (8)-26.10.2013 lufthansa 1.1.-31.12.2002 1.1.2003-31.12.2003 and 1.1.2004-29.3.2008 and 30.3.2011-31.1.2012 30.3.2008-29.3.2011 lufthansa air alps 1.1.-24.1.2002 air direct 4.3.-10.6.2002 styrian spirit 17.12.2005-15.3.2006 robin hood 9.9.2009-1.10.2009 ryanair 27.6.2002-29.10.2005 19.12.2006-5.11.2013 27.10.2008-31.3.2011 tuifly 30.8.2003-31.3.2008 1.4.2008-24.10.2009 14.12.2006-30.3.2008 air berlin 25.10.2009-31.10.2011 4.11.2010-31.10.2011 germanwings 25.10.2012-26.10.2013 25.10.2009-24.10.2012 condor 16.12.2011-31.3.2013 2.6. the agreements with ryanair, lv and ams 2.6.1. the 2002 agreements (38) in november 2001 dmg opened a tender for a scheduled flight connection between london and klagenfurt. the tender was published in the official journal of 14 november 2001, p. 219, and in the official procurement journal of the federal ministry of economy and labour. the tender offered a contract for a direct daily scheduled flight london-klagenfurt and back for at least 100 000 passengers per year from a central london airport with a duration of 3 years and an option to extend for 5 years. as a reward dmg offered: a contribution to the marketing activities of the airline with a fixed amount of ats 2 million (eur 145 345,67), the marketing support has to be used for the publicity and marketing of the flight connection, the use has to be proved every half year. a 97 % refunding of the turnaround fees (airport charges, station and ground handling fees and the air traffic control fee) of klagenfurt airport. these fees arise when landing in klu. (39) the tender foresaw also an alternative offer with 4 flights a week and 60 000 passengers from london in this case the reward offered was a marketing support of ats 1 million (eur 72 672,82) and a 97 % refunding of the turnaround fees. (40) the public tender did not result in any offer and was withdrawn consequently. in the following a negotiated procedure without previous publication was carried out and resulted in a contract with ryanair. 2.6.1.1. the airport services agreement between kfbg and ryanair of 22 january 2002 (41) on 22 january 2002 kfbg and ryanair concluded an agreement which entered into force on 27 june 2002 for a period of 5 years with an automatic renewal for further 5 years provided that ryanair fully complies with its obligations under that agreement. (42) ryanair was obliged under the agreement to operate passenger air services between klu and london-stansted airport (hereafter: stn) commencing around the date of entering into force of the agreement utilising a b737 aircraft on at least a daily basis with low fares and 348 rotations per year or 87 rotations per calendar quarter. (43) according to the agreement, ryanair pays kfbg an all-inclusive fee of eur [ ] per rotation in respect of landing and take-off fees, lighting charges, noise and night fees, ramp and passenger handling, infrastructure charge, local air traffic control and charges for the services at klu. (44) ryanair collects on the passenger tickets an amount of eur [ ] per departing passenger as a passenger services charge for the airport. ryanair also collects on the passenger tickets an amount of eur [ ] (fixed by the austrian government) per departing passenger as a security fee for the airport. (45) ryanair produces in conjunction with dmg a periodic marketing plan for the flight connections for klu. ryanair has complete discretion in the application of the marketing support received with the only condition that it has to link the appropriate tourist websites to ryanair's website and to incorporate appropriate logos wherever feasible. (46) kfbg is obliged to provide airport terminal and handling services for the services of ryanair (including free branding space at the ticketing and check-in desks and boarding gates), to provide public relations functions such as local press conferences to announce new destinations, to procure the payment by dmg to lv of an amount of eur [ ] per year in respect of the daily rotation commencing on 27 june 2002, payable quarterly in advance at eur [ ]. to the extent that this amount is not paid by dmg to lv, kfbg has to pay the shortfall to ryanair. 2.6.1.2. the marketing agreement between dmg and lv of 22 january 2002 (the first marketing agreement) (47) on 22 january 2002 dmg and lv concluded an agreement which entered into force on the same date with a duration until 26 june 2007 with an automatic renewal for further 5 years provided that lv fully complied with its obligations under that agreement. (48) according to the agreement, dmg appoints lv to initiate marketing measures aimed at making the province of carinthia better known in the english speaking world and to arrange for legally licensed air carriers of ryanair to provide new scheduled passenger air services from locations within the united kingdom and/or continental europe to klu using aircraft with a capacity of not less than 140 seats (the services). (49) the convened services should continue to be 348 rotations per annum (87 rotations per quarter) the marketing agreement referred to the rotations as mentioned in the airport services agreement between kfbg and ryanair. lv undertakes to procure the introduction and continuation of the services and to generate a promotional plan and web links to dmg's homepage and other promotion of promoting the services including links between tourist websites to lv's air operator client's websites. (50) dmg pays eur [ ] per year in respect of the daily rotation payable quarterly in advance at a rate of eur [ ] (this payment is also mentioned in the contract between kfbg and ryanair of 22 january 2002). this amount is also mentioned in the contract between kfbg and ryanair, there it is stipulated that kfbg has to procure the payment of dmg to lv. 2.6.1.3. the marketing agreement between dmg and ams of 22 january 2002 (the second marketing agreement) (51) on 22 january 2002 dmg and ams concluded an additional marketing agreement which entered into force the same date for duration of 5 years with a possible extension for additional 5 years. (52) according to this agreement, dmg appoints ams to establish, on or before 1 may 2002, and operate two links on www.ryanair.com to websites chosen by dmg, which profile the attractions of the federal state of carinthia. ams will provide additional services if the parties so decide according to articles 5.1 and 5.2 of the agreement. (53) dmg pays for the described services of ams eur [ ] per annum. 2.6.1.4. the side letter of the marketing agreement between dmg and lv of 22 january 2002 (the third marketing agreement) (54) this agreement is a side letter to the marketing agreement between dmg and lv of 22 january 2002 (the first marketing agreement) and was signed by both parties on 22 january 2002 and entered into force on the same day. (55) it was agreed between the parties that in relation to the contract between lv and dmg dated 22 january 2002 a further marketing payment for additional and intensified marketing measures within the duration of contract, in the amount of eur [ ] will be payable by dmg to lv on 1 may 2002. 2.6.1.5. summary of the payments under the different agreements with ryanair and its subsidiaries table 6 payments of kfbg to ryanair 2002-2005 in eur according to the marketing agreements year 2002 2003 2004 2005 refunding of turnaround fees [ ] [ ] [ ] [ ] payments under the first marketing agreement [ ] [ ] [ ] [ ] payments under the second marketing agreement [ ] [ ] [ ] [ ] payments under the third marketing agreement (the side letter to first marketing agreement) [ ] (56) all 2002 agreements between kfbg, dmg, ryanair, lv and ams ended on 29 october 2005, when ryanair stopped to operate the passenger air services between klu and stn due to economic reasons. 2.6.2. the 2006 agreements 2.6.2.1. the airport services agreement between kfbg and ryanair of 23 august 2006 (57) on 23 august 2006 kfbg and ryanair concluded an agreement which entered into force the same day for a 3-a-week-service operated from 19 december 2006 until 21 april 2007. the agreement was based on the published tariffs of klu and the incentive scheme introduced in september 2005. (58) ryanair was obliged to establish and operate stn-klu-stn with a 3-a-week-service which would generate at least 8 000 departing passengers for the term of the contract. ryanair was obliged to pay the official charges of klu. the incentive scheme granted ryanair an incentive of eur 7,62 per departing passenger on the new scheduled service. (59) the agreement contained the possibility to be extended for a period of 5 years from 22 april 2007 to 21 april 2012. 2.6.2.2. the marketing agreement between dmg and ams of 21 december 2006 (60) on 21 december 2006 dmg and ams concluded a marketing agreement which entered into force the 28 february 2007. the agreement was linked to ryanair's commitment to operate a route between stn and klu for the period 19 december 2006 to 21 april 2007 (ref. para 61). (61) ams was obliged under the agreement to provide a package of marketing services per year with the value of eur [ ] according to the current ams rates. these marketing services included a link from www.ryanair.com to a website designated by dmg, a content designated by dmg on the klagenfurt/carinthia destination page and email offers advertising the region of klagenfurt/carinthia sent to subscribers of the website. additional marketing services exceeding that amount could be decided by the two parties according to article 5 of the agreement. the websites designated by dmg could not provide flights, car rental, accommodation and any services that in future might be offered by www.ryanair.com but they could present tourist attractions and business opportunities of klagenfurt/carinthia. (62) dmg was obliged to pay for the marketing services the eur [ ] in monthly instalments on the basis of invoices. (63) the agreement contained the option to be extended for a period of 5 years from 22 april 2007 to 21 april 2012. the basis of the agreement was a year-round, 3-a-week-service stn-klu-stn. the yearly package of marketing in its content and rates were to be adapted amicably each year. 2.7. the agreements with hapag lloyd express (hlx) and tuifly (64) in november 2002 dmg opened a second tender for a scheduled flight connection between klagenfurt and another european city (london and cities with less than 500 km distance being excluded). the tender was published in the official journal of the european union of 11 december 2002, p. 240, and in the official procurement journal of the austrian federal ministry of economy and labour. the tender offered a contract for a direct daily scheduled flight klagenfurt a european city and back with 348 flights (rotations) per year with duration of 5 years and an option to extend for 5 years. as a reward dmg offered: (a) a contribution to the marketing activities of the airline with a fixed amount of eur 145 000, the marketing support had to be used for the publicity and marketing of the flight connection, the use has to be proved every half year. (b) a 95 % refunding of the turnaround fees (airport charges, station and ground handling fees and the air traffic control fee) of klu. these fees arise when landing in klu. (65) the second public tender did not result in any offer and was withdrawn consequently. in the following a negotiated procedure without previous publication was carried out and resulted in an agreement with hlx. (66) according to the information submitted by austria, the cooperation agreement between kfbg and hlx started on 30 august 2003 and continued until 31 march 2008. it was concluded in written form only by contracts signed on 24 may 2004 and 4 june 2004. the agreement included the possibility to be prolonged by both parties. (67) hlx was obliged to establish and operate klagenfurt-k ln/bonn with a 6-a-week-service, as well as klagenfurt-hannover with a 3-a-week-service. hlx was obliged to pay for these air services the official charges of klu as set out in the schedule of charges of klu. (68) hlx was also obliged to provide a package of marketing services for klu, such as commercials for the new destinations in local, regional and national medias, as well as in the internet and with billboard advertising in the public. hlx was obliged to feature a positive presentation of klu on its website as well as a direct link to the website of klu. (69) kfbg was obliged to pay for the costs of initiating the new services and the marketing services connected with the new air service the one-off amount of eur [ ]. in addition kfbg was obliged to pay for each of the new destinations a monthly amount for marketing services of eur [ ] as of 1 october 2003 and a monthly amount of eur [ ] as of 1 may 2004 until 31 march 2008. (70) a third tender was opened by dmg in december 2003 for a scheduled flight connection between klagenfurt and another european city (london and cities with less than 500 km distance being excluded). the tender was published in the official journal of the european union and in the official procurement journal of the federal ministry of economy and labour on 30 december 2003. the tender offered a contract for a direct daily scheduled flight klagenfurt a european city and return with 3-7 flights (rotations) per week with duration of 5 years. as a reward dmg offered: (a) a contribution to the marketing activities of the airline with a fixed amount of eur 29,90 per departing passenger. (b) a 98 % refunding of the turnaround fees (airport charges, station and ground handling fees and the air traffic control fee) of klu. these fees arise when landing in klu. (71) the third public tender did not result in any offer and was withdrawn consequently. in the following a negotiation procedure without previous publication was carried out and resulted in an extension of the agreement with hlx: two additional destinations, namely hamburg and berlin, were added to the air services offered by hlx as of 1 may 2004. (72) the austrian authorities explained that the amounts paid to hlx for marketing services corresponded approximately to the refunding of turnaround fees as foreseen in the second and third tender made by dmg in november 2002 and december 2003 (9). according to austria the details of the agreement with hlx corresponded to the conditions of the second and third tenders made by kfbg. (73) in january 2007 hlx and another undertaking named hapag-lloyd flug were merged into the new undertaking tuifly. tuifly continued the air services of hlx. following this merger, kfbg concluded a follow-up agreement with tuifly on 10 december 2008. this agreement entered into force on 1 april 2008 and expired automatically on 31 march 2013. (74) according to this agreement tuifly was obliged to operate in the international air transport association (hereinafter iata) summer flight schedule 2008 klagenfurt-k ln with a 7-a-week-service, klagenfurt-hannover with a 2-a-week-service, klagenfurt-berlin with a 3-a-week-service and klagenfurt-hamburg with a 2-a-week-service which would generate at least 50 000 departing passengers. in the iata winter flight schedule 2008/2009 tuifly was obliged to operate klagenfurt-k ln with a 7-a-week-service, klagenfurt-hannover with a 4-a-week-service, klagenfurt-berlin with a 4-a-week-service and klagenfurt-hamburg with a 4-a-week-service which would generate at least 40 000 departing passengers. (75) tuifly was also obliged under the agreement to provide a comprehensive package of marketing services for klu and the region of carinthia. these marketing services included the presentation of klagenfurt as tourist destination in two monthly newsletters, on a special last-minute-website, on the starting website of tuifly, on the website for services to klu, in on-board cards and on-board magazines, in the respective summer and winter schedule of the tuifly services, in a special video in the on-board tv programme, aircraft branding and various press events. (76) kfbg was obliged to pay for these marketing services a yearly amount of eur [ ] as well as the one-off amount of eur [ ] for the aircraft branding. 2.8. the agreement with air berlin (77) starting with the iata winter flight schedule 2009/2010 air berlin took over the city flights network of tuifly. following this takeover, kfbg and tuifly signed on 28 october 2009 a contract to terminate their agreement of 10 december 2008 with effect on 25 october 2009. dmg concluded a follow-up agreement with air berlin for the period 25 october 2009 to 31 march 2013. this agreement was signed on different dates, i.e. on 8 july 2010, 13 october 2010 and 25 october 2010. the agreement included the possibility to be prolonged by both parties. (78) according to this agreement air berlin was obliged to operate in the iata winter flight schedule 2009/2010 klagenfurt-k ln with a 4-7-a-week-service (a minimum of 4 services and a maximum of 7 services per week to be decided by air berlin), klagenfurt-berlin with a 5-6-a-week-service, klagenfurt-hannover with a 2-a-week-service and klagenfurt-hamburg with a 5-6-a-week-service which would generate in that summer flight schedule at least 31 000 departing passengers in total. air berlin was obliged to operate in the iata summer flight schedule 2010 klagenfurt-k ln with a 5-6-a-week-service, klagenfurt-berlin with a 4-5-a-week-service, klagenfurt-hannover with a 2-a-week-service and klagenfurt-hamburg with a 3-4-a-week-service which would generate in that winter flight schedule at least 42 000 departing passengers in total. (79) air berlin was obliged to operate in the iata winter flight schedule 2010/2011 klagenfurt-d sseldorf with a 2-3-a-week-service, klagenfurt-berlin with a 3-a-week-service, and klagenfurt-hamburg with a 2-3-a-week-service which would generate at least 19 000 departing passengers. air berlin was obliged to operate in the iata summer flight schedule 2011 klagenfurt-d sseldorf with a 2-3-a-week-service, klagenfurt-berlin with a 3-4-a-week-service, and klagenfurt-hamburg with a 2-a-week-service which would generate at least 28 000 departing passengers. (80) air berlin was also obliged under the agreement to provide a comprehensive package of marketing services for klu and the region of carinthia such as the presentation of klagenfurt on the main website of air berlin, in the german and dutch newsletters, at the web-check in, the boarding pass receipts, as screensavers in various print and tv media on board of the aircrafts and at regional press events. (81) dmg was obliged to pay for these marketing services for the flight schedule 2009/2010 the amount of eur [ ], for the flight schedule 2010/2011 the amount of eur [ ]. 2.9. the agreement with austrian airlines of 20 october 2005 (82) since 1 october 2003 aua unilaterally reduced its payments for the turnaround fees due at that time at klu. on 17 november 2003 kfbg brought against aua a civil law action at the local district court concerning the airport fees still due. aua submitted on 7 january 2004 a defence plea in this proceeding. in addition aua filed on 17 october 2004 an application at the national cartel court under national competition law because of abuse of a dominant position by kfbg. (83) on 20 october 2005 kfbg and aua signed a settlement agreement concerning the period of 1 october 2003 until 20 october 2005. in this settlement agreement the two parties agreed to end the two litigations at the local district court and the national cartel court. (84) aua agreed to pay eur [ ] to kfbg. (85) both parties agreed that the incentive scheme of kfbg of 1 september 2005 became part of the settlement agreement and was to be applied for aua as of 1 october 2003. 2.10. grounds for initiating the procedure in february 2012 and extending the procedure in july 2014 (86) in its opening decision and extension decision, the commission raised doubts regarding the following measures: 2.10.1. financing of klagenfurt airport by the city of klagenfurt, the state of carinthia and other entities (87) the commission expressed doubts whether public payments made by the shareholders of kfbg as well as the federal ministry for the interior and the federal ministry of finances for the financing of klu in the period between 2000 and 2010 constitute state aid and, if this is the case, whether this state aid is compatible with the internal market. 2.10.2. the airport incentive scheme of k rntner flughafen betriebs gmbh of 2005 (88) the commission raised doubts whether the discounted airport charges under the incentive scheme of 2005 amounted to state aid and, if so, whether this state aid is compatible with the internal market. 2.10.3. the agreements with ryanair, lv and ams in 2002 and 2006 (89) in its opening decision, the commission expressed doubts whether ryanair and its subsidiary lv benefitted from state aid by concluding the agreements in 2002 with kfbg and dmg, and, if so, whether this state aid is compatible with the internal market. (90) in its extension decision, the commission expressed doubts whether two additional contracts concluded in 2002 between dmg and ams as well as lv, that have to be taken into consideration for an accurate analysis of all the contracts concluded in 2002, constitute state aid, and, if this is the case, whether this state aid is compatible with the internal market. (91) the commission also raised doubts in its opening decision whether ryanair and its subsidiary ams benefitted from state aid by concluding the agreements in 2006 with kfbg and dmg, and, if this is the case, whether this state aid is compatible with the internal market. 2.10.4. the agreements with hapag lloyd express (hlx) and tuifly (92) the commission raised doubts whether hlx/tuifly benefitted from state aid by concluding agreements with kfbg, and, if so, whether this state aid is compatible with the internal market. 2.10.5. the agreement with air berlin (93) the commission also expressed doubts whether air berlin benefitted from state aid by concluding agreements with kfbg, and, if so, whether this state aid is compatible with the internal market. 2.10.6. the agreement with austrian airlines of 20 october 2005 (94) the commission raised doubts whether the settlement agreement between kfbg and aua of 20 october 2005 constitutes state aid, and, if this is the case, whether this state aid is compatible with the internal market. 3. cost-benefit analyses submitted by the austrian authorities (95) the austrian authorities submitted that kfbg in general did not prepare ex ante cost-benefit analyses before concluding agreements with the airlines nor before introducing the incentive scheme in 2005. (96) in order to enable the commission to assess the measures under investigation, austria submitted reconstructed ex ante cost-benefit analyses for all agreements concluded between kfbg/dmg and various airlines as well as for the incentive scheme of 2005. (97) for the reconstruction of these analyses the austrian authorities used only data and information available at moment of concluding the agreements and the incentive scheme and provided for the duration of each agreement estimated values. 4. comments from austria (98) the austrian authorities first recalled the great public interest in operating klu in carinthia. klu is not only an important link between the region of carinthia and other regions and member states. klu also has to be operated because of responsibilities of public administration and military obligations. the state of carinthia is obliged to operate klu for military operations of the republic of austria. (99) secondly the austrian authorities declared that it is not possible to substitute klu with other airports, as a journey to other alternative airports (ljubljana, maribor, trieste or graz) through the alpine state of carinthia can take with adverse weather conditions easily much more time than the same distance in non-alpine regions. the catchment area of an airport in an alpine region such as klagenfurt should therefore be adjusted accordingly. (100) thirdly austria submitted that the financing of klu would have been profitable during the last 20 years if the costs of contracts with various airlines were not taken into account. an analysis of the costs of operating klu should be undertaken by using an incremental cost approach. (101) austria agreed that all of the measures under investigation have been granted through state resources and are imputable to austria. (102) however, austria fails to see the economic advantage received by kfbg through the financing of its shareholder. austria argues that the amounts paid by the shareholders only compensated kfbg for the costs stemming from the marketing contracts with different airlines and the benefit of these marketing activities were not only for klu, but also for the city of klagenfurt and the state of carinthia. some of the costs of klu for public administrative obligations should normally be borne by the state of carinthia and could therefore be paid by the state of carinthia or federal ministries. (103) moreover, austria submitted that the operation of klu should be qualified as a service of general economic interest (sgei), as there is a public interest and obligation for the state of carinthia to operate klu, given the need to guarantee accessibility of the region of carinthia. (104) as regards the agreements between klu and the airlines and the incentive scheme, austria submitted the following comments. austria fails to see the economic advantage for the different airlines operating at klu, as some of the contracts contained the conditions of prior public tenders of klu and therefore seemed to have respected market conditions. equally the incentive scheme of 2005 was in line with market conditions. (105) regarding the selectivity of the measures under investigation, austria argues that all airlines could participate at the prior public tenders, so that the subsequent contract with individual airlines could not be qualified as being selective. moreover, as klu is not substitutable with any other airport, there is no distortion of competition or effect on trade given. (106) the austrian authorities have not carried out any independent evaluation of the outcome of the marketing activities provided under the various marketing agreements, but claim that there is a positive effect in the passenger numbers of klu resulting from the permanent cooperation and the success of the flight connections (107) with regard to the settlement agreement concluded between kfbg and aua, austria argues that the conclusion of that agreement reflected as well a measure motivated only by considerations of a private economic operator. (108) concerning the incentive scheme, the austrian authorities submitted that klu acted like a private economic operator when initiating the incentive scheme at klu. the reductions of airport charges offered in the incentive scheme reflected market conditions. 5. comments from interested parties 5.1. austrian airlines, lufthansa, germanwings (109) aua, lufthansa and germanwings submitted their comments in two common submissions. they claimed in their submissions that the opening decision included several legal faults; a lack of reasoning for the imputability to the state and the participation of public authorities, a lack of reasoning for the market economic operator test (meo test), an overly long period from the submission of a complaint in 2007 until the opening of the procedure on 22 february 2012. (110) in addition the three airlines believed that the airport charges of klu fulfilled the conditions of the meo test. concerning the financing of the airport the three airlines claim that this should not be subject to the state aid control, as they offered air services that improved the connection of the region of carinthia with other regions and member states. concerning the profitability of klu the three airlines commented that klu could have been operated with profit without the reductions of airport charges for certain airlines and submitted their estimations with regard to the overall reductions of which certain other airlines profited. (111) aua, lufthansa and germanwings stated that the incentive scheme of klu could not be compared to airports such as frankfurt/hahn or l beck (as commented by austria), as these airports are marked by the fact that they are fitted to meet the needs of ryanair. ryanair is the predominant airline at these airports, which is not the case for klu. the three airlines also explained their views on the calculation of the costs of the airport. 5.2. ryanair 5.2.1. comments made directly by ryanair (112) ryanair objects against the decision of the commission to initiate the formal investigation procedure as regards the 2002 and 2006 agreements with klu. ryanair stated that these agreements complied with the market economy investor principle, and hence did not involve state aid. (113) ryanair essentially argues that no advantage has been conferred to it since the agreements reflect normal market conditions. (114) concerning the issue of marketing support, ryanair argued that the discounts granted by klu were in line with industry practice as many privately or publicly held airports (10) applied the same or greater level of discounts for new destinations. (115) furthermore, ryanair points out that the commission seemed to apply a wrong cost-based test, as the costs for infrastructure and fixed operating costs should be considered sunk costs, and it seemed rational for klu as a private investor to price at levels corresponding to the marginal costs. (116) ryanair contests that it benefitted from a selective advantage through discounts for airport charges at klu. ryanair received access to the infrastructures of klu in a non-discriminatory way, as the services were publicly tendered and no other airline was interested, nor was any other airline rejected. ryanair received the discounts in recognition of the significant commercial risk that ryanair took when establishing scheduled operation to an airport that was unknown at the time. (117) concerning the contracts concluded with ams ryanair strongly objects to a joint assessment of ryanair's separate agreements with kfbg together with the marketing agreements concluded with ams. the conclusion of a marketing agreement with ams is not a condition for the operation of routes by ryanair to and from klu. (118) ryanair stated that the commission has ignored the value of marketing services on ryanair's website as one of the most popular travel websites in the world. (119) according to ryanair, the involvement and imputability of austrian authorities at the measures under review involving ryanair or ams is not demonstrated. (120) additionally ryanair criticises the following shortcomings. the costs related to security should be outside the scope of an airport's economic activity. as none of the arrangements between ryanair and klu involved state aid, the applicability of the 2005 aviation guidelines is irrelevant. a lack of business plan does not exclude that a public body has acted as a commercial actor. the definition of the catchment area of klu is incoherent with other state aid cases. 5.2.2. reports and analyses provided by ryanair (121) lastly, ryanair submitted a series of notes prepared by the consultancy firm oxera, as well as an analysis prepared by professor damien p. mcloughlin. 5.2.2.1. oxera note 1 economic meip (11) assessment for klagenfurt airport, prepared for ryanair by oxera, 4 july 2011 (122) ryanair has appointed oxera to carry out an assessment whether the agreements between ryanair and the fees paid by ryanair at klu conform to the market economy investor principle. not included in the assessment is the marketing services agreement between dmg and ams of 21 december 2006. (123) oxera carries out two analyses: a comparator analysis and a profitability analysis. oxera identifies [ ] and [ ] airports as comparator for klu, based on a range of characteristics. oxera compares the charges paid by ryanair in these airports deducting the marketing support payments ryanair receives under the 2002 agreement with dmg, but not the payments it receives under the 2006 marketing services agreement. it compares the charges paid per turnaround and per passenger and comes to the conclusion that the charges at klu have always been higher than at the two other airports. (124) oxera's profitability analysis is an ex ante assessment based on incremental costs and revenues and a single till approach (12) and only concerns the 2002 agreements. it comes to the conclusion that the 2002 agreements were profitable for the airport and had a positive net present value. 5.2.2.2. oxera note 2 economic meip assessment for klagenfurt airport, prepared for ryanair by oxera, 31 august 2012 (125) the analysis focuses on the airport service agreement between kfbg and ryanair for the period between 2002 and 2006 as well as the marketing arrangements between dmg and lv, covering the period from 27 june 2002 to 27 june 2007. the analysis undertaken by oxera does not consider the agreements between dmg and ams. (126) oxera has compared the overall charges paid by the airline at klu with the respective charges paid at five comparator airports between 2002/2003 and 2010/2011. in particular, the charges have been expressed in two ways, on a charge per passenger and on a charge per turnaround basis, and initially aggregated into a measure of total charges. total charges have subsequently been converted into charges per turnaround or charges per passenger, to enable the comparison across the six airports. (127) the results show that the overall level of charges paid by ryanair at klu is on average approximately five times higher than the comparable level of charges paid by the airline over the period under investigation at the comparator airports. it is understood that this is due to the higher prices typically charged by austrian airports. this suggests that the charges paid by ryanair at klu are compatible with a level of charges that would have been offered to ryanair by an airport-owning market economy investor in similar circumstances. the arrangements analysed in this report are therefore consistent with the meip. 5.2.2.3. oxera note 3 identifying the market benchmark in comparator analysis for meo tests. ryanair state aid cases, prepared for ryanair by oxera, 9 april 2013 (128) oxera believes that the commission's approach of only accepting comparator airports in the same catchment area as the airport under investigation is flawed. (129) oxera argues that market benchmark prices obtained from comparator airports are not polluted by state aid given to surrounding airports. therefore, it is possible to robustly estimate a market benchmark for the meo tests. (130) oxera argues that this is because: comparator analyses are widely used for meo tests outside of the field of state aid. under standard economic theory companies affect each other's pricing decisions only to the extent that their products are substitutes or complements. if two companies compete in separate economic markets, and therefore do not compete with one another, the companies will have a negligible impact on each other's pricing decisions. therefore, implicit in the commission's comments about the comparator analysis is an assumption that the comparator airports, and any airports that may benefit from aid, compete with one another. airports in the same catchment area do not necessarily compete with each other, and the comparator airports used in the reports submitted face limited competition from state-owned airports within their catchment area (less than one third of commercial airports within the catchment area of comparator airports is fully state owned, and none of the airports within the same catchment area as comparator airports was subject to ongoing state aid concerns (as of april 2013)). even where comparator airports face competition from state-owned airports within the same catchment area, there are reasons to believe their behaviour is in line with the meo principle (for example, where there is a large private ownership stake or where the airport is privately managed). (131) meo airports will not set prices below incremental cost. 5.2.2.4. oxera note 4 principles underlying profitability analysis for meo tests. ryanair state aid cases, prepared for ryanair by oxera, 9 april 2013 (132) oxera argues that the profitability analysis undertaken by oxera in its reports submitted to the commission follows the principles that would be adopted by a rational private sector investor and reflects the approach apparent from commission precedents. (133) the principles underlying the profitability analysis are: the assessment is undertaken on an incremental basis, an ex ante business plan is not necessarily required, for an uncongested airport, the single till approach is the appropriate pricing methodology, only those revenues associated with the economic activity of the operating airport should be considered, the entire duration of the agreement, including any extensions, should be considered, future financial flows should be discounted in order to assess profitability of the agreements, incremental profitability of ryanair agreements to the airports should be assessed on the basis of estimates of the internal rate of return or net present value (npv). 5.2.2.5. analysis of professor damien p. mcloughlin brand building: why and how small brands should invest in marketing, prepared for ryanair, 10 april 2013 (134) the paper aims to set out the commercial logic underlying regional airports' decisions to buy advertising on ryanair.com from ams. (135) the paper argues that there are a large number of very strong, well known, and habitually used airports. weaker competitors must overcome static buying behaviour of consumers to grow their business. smaller regional airports need to find a way to consistently communicate their brand message to as wide an audience as possible. traditional forms of marketing communication require expenditure beyond their resources. 5.2.2.6. oxera note 5 are prices set by ams in line with the market rate?, prepared for ryanair by oxera, 20 december 2013 (136) this note presents the results from comparing prices set by ams for advertising on ryanair.com, with rate card (13) prices for similar advertising services of other european travel websites. the objective of this analysis is to provide an independent assessment of whether the price set by ams for its services is in line with the market price. (137) the analysis has been conducted for 2004 and 2005, when the ams rate card was first introduced, and based on the rate card of november 2013. in both cases, ams rates have been compared with a sample of website advertising prices. only advertisements placed on the homepage of each website have been considered. (138) the results of the analysis demonstrate that ams rate card priced for advertising space on ryanair.com are, in both cases, below or in line with the rate card prices. therefore, the results provide evidence that rate card prices set by ams are market conforming and meet the meo test. (139) oxera points out that these conclusions are in line with the earlier findings from ryanair's expert marketing advisers, mindshare (2004) and zenobie conseil (2011). 5.2.2.7. oxera notes 6 and 7 how should ams agreements be treated within the profitability analysis as part of the market operator test?, prepared for ryanair by oxera, 17 and 31 january 2014 (140) ryanair submitted further reports by its consultant oxera. in these reports, oxera discusses the principles which, according to the airline, should be taken into account as part of the meo test in the profitability analysis of, on the one hand, airport services agreements between ryanair and airports and, on the other hand, the marketing services agreements between ams and the same airports. ryanair emphasises that those reports do not in any way change its position presented earlier that the airport services agreements and the marketing services agreements should be analysed under separate meo tests. (141) the reports indicate that the profits generated by ams should be included as revenues in a joint analysis regarding profitability while the expenses of ams would have to be incorporated in the costs. to do this, the reports suggest the application of a cash-flow-based methodology to the joint profitability analysis, meaning that the expenditure by airports on ams could be treated as incremental operating expenses. (142) the reports emphasise that marketing activities contribute to the creation and support of the brand's value, which helps to generate effects and benefits not only for the duration of the contract, but also after its termination. this would especially be the case if, due to the fact that ryanair has concluded an agreement with this airport, other airlines establish themselves at the airport, which will in turn attract more shops to install themselves there and therefore bring in more non aeronautical revenues for the airport. according to ryanair, if the commission proceeds to undertake a joint analysis of profitability, those benefits have to be taken into account by treating the expenses of ams as incremental operating costs, net of ams payments. (143) furthermore, ryanair is of the opinion that a terminal value has to be included in the projected incremental profits at the end of the airport services agreement in order to take into account the value generated after the termination of the agreement. the terminal value could be adapted on the basis of a renewal-probability, measuring the expectation that profits will persist after the termination of the agreement with ryanair or if similar conditions are agreed with other airlines. ryanair considered that it would then be possible to calculate a lower limit for benefits generated jointly by the agreement with ams and the airport services agreement, reflecting the uncertainties of incremental profits after the termination of the airport services agreement. (144) to supplement this approach, the reports present a synthesis of the results of studies on the effects of marketing on the value of a brand. those studies recognise that marketing can support the value of a brand and can help to build a customer base. according to the reports, in the case of an airport, marketing on ryanair.com increases the visibility of the brand in particular. the reports moreover state that smaller regional airports wishing to increase their air traffic can therefore especially increase the value of their brand by concluding marketing services agreements with ams. (145) the reports lastly indicate that a cash-flow-based approach is to be preferred over a capitalisation approach, in which the costs of marketing services provided by ams would be treated as capital expenditure on an intangible asset (that is, the value of the brand). the capitalisation approach would only take into account the proportion of marketing expenditure that is attributable to the intangible assets of an airport. the marketing expenses would be treated as capital expenditure in an intangible asset, and then depreciated for the duration of the contract, taking into consideration a residual value at the foreseen termination of the airport services agreement. this approach would not take into account the incremental profits which the conclusion of the airport services agreement with ryanair would bring in and it is also difficult to calculate the value of the intangible asset due to the expenses of the brand and the time period of use of the asset. the cash-flow method is more appropriate than a capitalisation approach, since the latter would not capture the positive benefits to the airport that are expected to arise as a result of signing the airport services agreement with ryanair. 5.2.2.8. oxera note 8 allocation of investment costs, prepared for ryanair, 12 september 2014 (146) the note discusses how airport infrastructure investment costs should be allocated to airline agreements, in the circumstances where it is appropriate to treat such costs as relevant to an incremental profitability assessment of an airline agreement, when applying the market economy operator principle (meop). (147) oxera states that the appropriate way to allocate investment costs is in relation to the expected share of capacity represented by a given airline agreement. thus, the consultancy company highlights the critical difference of measuring utilisation with respect to capacity, by reporting the cases of alghero, v ster s, reus and girona. 5.2.2.9. oxera note 9 evaluating the wider impact of ams agreements on airport traffic, prepared for ryanair by oxera, 26 september 2014 (148) this report sets out how to empirically test whether ams agreements have wider benefits in terms of enhancing an airport's brand value and generating network externalities. (149) oxera has underlined that the commission has so far never concluded through an empirical analysis that the only benefits of advertising on ryanair.com are to increase levels of ryanair traffic. (150) oxera discusses the possible wider benefits of the ams agreements in light of the qualitative evidence provided by the alghero airport. in fact, it is understood that the increase in levels of non-ryanair traffic operating from alghero airport is thought to be at least partly due to the benefits of advertising on ryanair.com. oxera states that it is therefore plausible that advertising on ryanair.com could have a wider long-term impact on traffic levels at airports, beyond increasing levels of ryanair traffic. (151) however, the consultancy firm recognises that, due to information asymmetry, it is not possible to appropriately control for all the changes happening in the market at the same time. oxera therefore highlights the need for a more robust analysis of the long-term impact of advertising on ryanair.com on traffic at the airports. (152) oxera suggests different statistical approaches that could be followed by the commission to examine the impact of advertising on ryanair.com on both non-ryanair and ryanair traffic at airports. (153) oxera outlines that, if the empirical analysis demonstrates that there are wider benefits of advertising on ryanair.com, it would be important to account for these benefits appropriately within the airport services agreement and the ams ex ante profitability analysis under the commission's approach. as a suggestion, the benefits could be included through the incorporation of the terminal value within the profitability analysis to reflect the value created by marketing activities. 5.2.2.10. oxera note 10 economic meop assessment: klagenfurt airport profitability analysis, prepared for ryanair by oxera, 3 november 2014 (154) the report analyses the expected profitability of the 2006 airport services agreement on an ex ante basis. the document also presents sensitivity checks on the results from the 2011 meop report regarding the expected profitability of the 2002 airport services agreement. (155) oxera has examined the expected profitability of each agreement under several scenarios around the base case. oxera affirms that the base case aims to reflect klagenfurt's assumptions in so far as these are verified by information from the airport, at the time of signing the airport services agreements. (156) the expected profitability of each agreement has been measured by oxera with the net present value (npv) methodology. the npvs of each of the agreements were expected to be positive, thus the results from the profitability analysis indicate that the 2002 airport services agreement and the 2006 airport services agreement were sufficiently profitable such that an meo investor would have been likely to offer similar terms. (157) the analysis of the expected profitability of the 2002 airport services agreement presented in the report demonstrates that the overall conclusions from oxera's 2011 report are robust to a number of sensitivity checks. these sensitivity checks include changes to the discount rate, incremental costs, non-aeronautical revenues and investment costs. (158) combined with the results from the comparator analysis, the provided evidence shows that the arrangements are in line with the meop. furthermore the arrangements at klagenfurt appear to be market-conform, even under a number of sensitivities regarding the assumptions underlying the analysis. the evidence indicates that, under similar circumstances, a meo investor would have found it profitable to have offered similar arrangements to those agreed between ryanair and klu. (159) finally, oxera refers to the cost-benefit analysis undertaken by the austrian authorities covering the period from 27 june 2002 to 29 october 2005 and claims that the analysis should not be relied on for assessing the compatibility with the meop since; (i) the analysis appears to model the conditions of the public tender for the operation of a direct route between klagenfurt and london issued by dmg in november 2011, rather than the conditions in the 2002 airport services agreement; (ii) the analysis does not appear to be on a fully ex ante basis, as it covers only the period during which ryanair actually operated at the airport, rather the term specified in the 2002 airport services agreement; and (iii) the implied aeronautical charges from the cost-benefit analysis submitted by the austrian authorities are significantly lower than those specified in the 2002 airport services agreement. 5.2.2.11. oxera note 11 why is comparator analysis an important supplement to profitability analysis in meop assessments?, prepared for ryanair by oxera, 26 january 2015 (160) the note explains why comparator analysis should be relied on in meop assessments of airport-airline deals, at least as a cross-check of the results from the profitability analysis. in fact, oxera highlights that, in line with the approach advocated by the commission in its notion of aid notice (14) and in other sectors (e.g. sea ports sector), comparator analysis should play an important role in meop assessments of airport-airline deals. (161) this is particularly the case when no assessment of the efficiency of the airport's costs is undertaken as part of the profitability analysis. in fact, as a market economy operator would be expected to manage their costs efficiently, in order for the meop assessment to deliver a robust conclusion, it is important to examine the efficiency of the airport's costs. (162) furthermore, oxera argues that it is possible for an airline to pay the same level of charges at two airports with similar characteristics. however, if one of the airports is not efficient, it could be concluded that the airport-airline agreement is not in line with the meop. (163) oxera underlines that, when signing deals with the airport, ryanair is not in a position to be able to observe the efficiency of the airport's costs, while the airport can assess whether a deal is likely to be profitable. (164) in conclusion, it is understood that the current approach of the commission to assess the compatibility of airport-airline deals with the meop, provides ryanair with insufficient legal certainty when signing deals with airports. 5.2.2.12. oxera note 12 economic meop assessments: comparator analysis, including ams, addendum to oxera's 2010 report, 10 april 2015 (165) the note examines the impact of undertaking a joint airport services agreement and ams comparator analysis at klu, in light with the commission's approach. oxera underlines that the analysis does not prejudices ryanair's position of treating the airport services agreements and ams agreements separately. (166) the analysis has been based on the same set of comparator airports as in oxera's 2012 report at klu. the stability of the ownership and funding structure of the airports has been checked in order to ensure the accuracy of the comparison. (167) over the period under consideration, net charges paid by ryanair at klu net of marketing payments received by ryanair and ams have been higher than average net charges at the comparator airports, on both a per departing passenger and a per turnaround basis. this implies that a market economy operator would have been likely to have offered similar arrangements to ryanair. (168) the results from the joint airport services agreement and ams comparator analysis are therefore consistent with the interpretation that the arrangements between ryanair, ams and klu were in line with the meop test and with the findings from oxera's 2012 report. 5.2.2.13. oxera note 13 the impact of ryanair's operations on airports' non-aeronautical revenues, 4 december 2015 (169) in this report, oxera examined the impact of ryanair's operations on airports' non-aeronautical revenues, on a per passenger basis. oxera considered that the start of ryanair's operations had a significant positive impact on the level of per passenger non-aeronautical revenues of the airport. on this basis, oxera claimed that the approach used to date in its meop profitability analysis as well as in the commission's analysis (15) were conservative, as they did not include this increase in the airport revenues. (170) oxera undertook an empirical analysis using a sample of 57 european airports meant to be as similar as possible to the airports under state aid investigation. oxera found that the start of ryanair's operations (16) in 29 of these airports led to an increase of around 12,0-13,7 % in non-aeronautical revenues per departing passenger in real prices (over and above inflation), this effect being statistically significant. according to oxera, this was likely to be due to ryanair passengers spending more than passengers from other airlines, partly as a result of limited catering facilities provided on-board low-cost carriers, and/or as a result of the start of ryanair's operations resulting in the development of the terminal for example, by attracting additional retail outlets. (171) oxera also found that this effect held for low-cost carriers more generally. oxera suggested that, due to the growth in the low-cost carrier industry with strong brands that carried significant levels of passenger traffic, the start of a low-cost carrier's operations at an airport could result in significant development of the airport and hence higher non-aeronautical revenues on a per-passenger basis. based on the sample of airports considered, oxera stated that the start of operations by full-fare carriers on the contrary did not have a significant impact on airports' non-aeronautical per passenger revenues. (172) according to oxera, these results highlighted the conservative nature of the approach used to date in its meop profitability analysis as well as in the commission's analysis. these analyses did not assume any accelerated growth in airports' non-aeronautical revenues on a per passenger basis and hence did not capture the wider benefits of ryanair's operations from airports, but only uprated estimates of non-aeronautical revenues per departing passenger by the much lower rate of inflation. oxera therefore expected its meop analysis and the commission's analysis to underestimate the expected profitability of ryanair's arrangements at the airport. 5.3. ams (173) ams submitted the following comments. 5.3.1. on ams and the ryanair website (174) ams claims that the commission should not treat ryanair and ams as a single entity and the marketing services agreements between ams and dmg as a complement to the agreement between the airport and ryanair. ams offers marketing services that are justified by their own separate purpose, priced at their market value and negotiated and concluded separately from ryanair's agreements with the same airports. (175) furthermore, ryanair's decision to engage an intermediary to sell advertising space on its website would not be unusual. ams has been successful in promoting and selling advertising space to numerous companies throughout europe, both private and public. (176) ryanair's website presents particularly desirable characteristics for marketing: it is one of the most popular travel websites in the world; the average duration of each visit to ryanair's website is extremely long; advertising for an airport on the ryanair website uniquely targets potential passengers to that airport, ensuring that very little or no advertising spend is wasted, contrary to advertising in newspapers, radio, tv and other less focused media targeted at the general public. 5.3.2. on the absence of advantages to ams or ryanair (177) ams concludes marketing agreements with both public and private airports, tourism bodies, car rental groups, hotel reservation websites, insurance companies and telecommunications service providers. (178) the rates at which advertising space is provided by ams, and the volumes in which it is acquired, do not discriminate between public and private advertisers. thus, no state aid can arise from ams's arrangements with public airports or their subsidiaries. ams has concluded with several privately owned or privately controlled airports (such as [ ] and [ ]) as well as other private parties agreements on similar, non-discriminatory, terms. (179) concerning the commercial interest that an airport would have to advertise on ryanair.com, ams criticises the conclusion drawn by the commission in the opening decision, as there is no legal basis to question the commercial rationale of dmg, as well as the airport to advertise on ryanair's website, in circumstances where ams offers services at a market price. (180) ams presented several reasons which would justify dmg purchasing marketing services from ams to advertise on ryanair.com, which are summarised in what follows. (181) first, advertising on ryanair's website is an investment in brand recognition. airport managers of peripheral airports face significant challenges in getting their brand recognised by passengers, airlines and non-aeronautical commercial managers, all of whom constitute potential sources of income for airports. increased brand recognition can benefit the airports in a number of mutually inclusive and complementary ways, notably it may attract: (i) inbound passengers from the airline on whose site the airport is advertising; (ii) potential customers browsing one airline's website on which an airport is advertising to fly to that airport on another airline that has routes to the airport; (iii) another airline to fly to that airport; and (iv) commercial managers (such as, airport retail chain stores). (182) second, advertising on ryanair's website increases the proportion of inbound passengers. there is a trend among airports towards generating almost half of their revenue from non-aeronautical operations. from a regional airport's perspective, inbound passengers arriving to, and then departing from, the airport are much more likely to generate non-aeronautical income for the airport than local passengers using the airport to fly to foreign destinations. (183) third, marketing and advertising on the website of all airlines has become a mainstream practice. ryanair.com has exceptional value as a marketing venue for a wide range of travel-related products and services. nevertheless, even if ryanair has been a pioneer in this field, it would be erroneous to conclude that airports do not publicise themselves on other airline websites. 5.3.3. on the pricing of ams' services (184) ams' services are claimed to be priced at their market value. to substantiate this argument, ams alleges that (i) the fact that a number of non-airport private customers from different industries, such as [ ], purchase marketing services from ams is, by itself, sufficient to demonstrate that ams's prices are real market prices, (ii) the decision of the tribunal administrative of marseille (17) and the bratislava case (18), draw attention to the value of ams' marketing products and the advantages that the counterpart can gain while entering into such arrangements and (iii) the prices charged by ams are based on objective criteria (19) and transparently provided on its website (20). (185) ams also mentions the report of zenobie conseil and a study from an independent consultancy firm submitted to the commission, in order to clarify that ams' services are neither valueless nor overpriced, as implied by the commission. (186) ams points out that the opening decision did not establish that the decisions of dmg are imputable to the state, since the commission simply relies on an organic criterion of ultimate state ownership borrowed from its analysis of the agreement with lv (itself based on an analogy with kfbg's decisions). ams therefore asks the commission to provide a more robust examination. 6. comments from austria on interested party comments 6.1. austria's comments on interested party submissions by austrian airlines, lufthansa, germanwings (187) regarding the first and second submission of the three airlines from 23 july 2012 and 18 september 2012, the austrian authorities state that they were in contact with kfbg and lufthansa only with respect to legibility of certain tables in the documents under investigation. (188) regarding the argument that there is no state aid, austria refers to its submission from 15 may 2012. austria particularly agrees with lufthansa's argumentation regarding the legal assessment of rebates. (189) with regard to the schedule of charges covered by the austrian authorities in its first submission from 2008, austria reiterates that its statement merely pointed at the existence of schedules of charges at other airports. airports frankfurt/hahn and l beck are in fact not comparable with klu, considering their different economic structure. (190) concerning the claimed sham tender, austria states that the authorities in carinthia were planning a call for tender for the introduction of a route connecting london and klagenfurt. in particular, the tender concerned a generic flight to london. austria affirms that there is no evidence of a limitation of the requested services for stansted or for any other london airport. (191) in addition, austria recalls that it is possible to initiate a tender, even if this is not a legal obligation. therefore, the argument that a tender was not strictly necessary is without substance. austria further recalls the economic function of tenders. a tender creates transparency with regards to the existence of demand and the conditions for demand. this enables the potential bidder to formulate an offer, which is indicative for the market price. the fact that no eligible bidder has made a proposal demonstrates that the demanded price was below the market price. an accurately exercised tender procedure requires that the call has been properly publicised and that potential buyers have sufficient time to formulate their proposals. the austrian authorities stress that the notices advertised by klu complied with these requirements. 6.2. austria's comments on interested party submissions by ryanair and ams (192) austria underlines that, for carinthia and klu, advertising on ryanair.com made sense only if ryanair served the airport. only in that case, the targeted customers could translate their initial interest into an effective purchase. the same applies to the routes to and from london, which are designed to improve local mobility. (193) furthermore, austria supports a number of statements from ryanair: according to austria, no investments can be attributed to ryanair's presence at the airport, as demonstrated in the current case, discounts and incentives comply with the meop, the lack of a business plan does not in itself contradict the fulfilment of the meop. (194) regarding ams' comments, the austrian authorities underline the strategic purpose underlying advertising on the internet, especially on ryanair.com. in fact, ryanair's website target group is in line with carinthia's and klu's client portfolio. a private investor would therefore be willing to enter into such advertising agreements with ams. 7. assessment of the existence of aid (195) the commission has analysed whether the following measures qualify as state aid: the financing of kfbg, the 2005 incentive scheme, the conclusion of the settlement agreement between kfbg and aua with the application of the 2005 incentive scheme to aua, the 2002 air service agreements with ryanair and the 2002 marketing agreements with ams and lv, the 2006 agreements with ryanair and ams, the 2003 agreement with hlx, the 2008 agreement with tuifly, the 2009 agreements with air berlin. (196) 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, in so far as it affects trade between member states, be incompatible with the internal market. (197) the criteria in article 107(1) tfeu are cumulative. therefore, in order to determine whether the measure in question constitutes aid within the meaning of article 107(1) tfeu all of the following conditions need to be fulfilled: the beneficiary is an undertaking within the meaning of article 107(1) tfeu, which implies that it engages in an economic activity, the measure in question is financed by state resources and is imputable to the state, it confers an economic advantage, this advantage is selective, the measure in question distorts or threatens to distort competition and may affect trade between member states. 7.1. the financing of kfbg and dmg (198) as further described in recitals 30 et seq. above, kfbg benefited from repeated financial support from its shareholders, the federal ministry of the interior and the federal ministry of finances. these financial contributions were used to cover annual operating losses of kfbg/dmg due to the costs linked to the marketing contracts of kfbg with different airlines. 7.1.1. economic activity and notion of undertaking (199) according to settled case law, the commission must first establish whether kfbg and dmg are undertakings within the meaning of article 107(1) tfeu. the concept of an undertaking covers any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed (21). any activity consisting in offering goods or services on a given market is an economic activity (22). (200) in its leipzig/halle airport judgment the general court confirmed that the operation of an airport for commercial purpose and the construction of the airport infrastructure for commercial purpose constitute an economic activity (23). once an airport operator engages in economic activities by offering airport services against remuneration, 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 the treaty rules on state aid are therefore capable of applying to advantages granted by the state or through state resources to that airport operator (24). (201) regarding the moment in time as of which the construction and operation of an airport became an economic activity, the commission recalls that the gradual development of market forces in the airport sector does not allow for a precise date to be determined. however, the court of justice of the european union has recognised the evolution in the nature of airport activities and in its judgment in leipzig/halle airport, the general court held that from 2000 onward the application of state aid rules to the financing of airport infrastructure could no longer be excluded (25). consequently, at least as of the date of the judgment in a roports de paris, 12 december 2000 (26), the operation and construction of airport infrastructure must be considered an economic activity falling within the ambit of state aid control. 7.1.1.1. single economic unit (202) before examining the nature of the activities carried out by kfbg and dmg, however, the commission recalls that two separate legal entities may be considered to form one economic unit for the purpose of the application of state aid rules. that economic unit is then considered to be the relevant undertaking. (203) as the court of justice held, [i]n competition law, the term undertaking must be understood as designating an economic unit [ ] even if in law that economic unit consists of several persons, natural or legal. (27). in this respect, the court has ruled that several entities can be deemed to perform an economic activity together, thereby constituting an economic unit, under specific conditions. (204) to determine whether several entities form an economic unit, the court of justice looks at the existence of a controlling share or functional, economic or organic links (28). (205) in this case, the commission considers that kfbg and dmg are so closely connected that they must be considered to constitute one single economic unit for the purposes of state aid rules. it must be recalled that dmg is a 100 % subsidiary of kfbg, giving kfbg the power to control dmg via the shareholder assembly. (206) in practice, the available information demonstrates that important decisions regarding klu are regularly taken at the level of kfbg, with instructions then being passed down to dmg. (207) in conclusion, the commission considers that the links between kfbg and dmg are sufficiently close to treat the two entities as one economic unit. in particular, dmg is economically and legally entirely dependent on kfbg and does not have a commercial will of its own. for the purpose of the application of union state aid law, kfbg/dmg therefore form one undertaking. 7.1.1.2. economic activity (208) kfbg/dmg are engaged in constructing, maintaining and operating klu. kfbg/dmg offer airport services and charge users commercial aviation operators as well as non-commercial general aviation users for the use of the airport infrastructure, thereby commercially exploiting the infrastructure. following from the case law cited in recitals 200 and 201, it must be concluded that kfbg/dmg were engaged in an economic activity at least as of the date of judgment in a roports de paris (that is to say, 12 december 2000) onward. (209) it is clear from the submission of austria that klu had already prior to 2000 successfully attracted commercial aviation as well as general aviation. (210) it is therefore concluded that from 12 december 2000 onward, kfbg/dmg were engaged in an economic activity and constitute, as a single economic unit, an undertaking for the purposes of article 107(1) tfeu. 7.1.1.3. public policy remit (211) while kfbg/dmg must therefore be considered to constitute an undertaking for the purposes of article 107(1) tfeu, it must be recalled that not all activities of an airport owner and operator are necessarily of an economic nature (29). (212) the court of justice (30) has held that activities that normally fall under a state's responsibility in the exercise of its official powers as a public authority are not of an economic nature and do not fall within the scope of the rules on state aid. such activities may include, for example, security, air traffic control, police, customs. the financing has to be strictly limited to compensation of the costs to which they give rise and may not be used instead to fund other economic activities (31). (213) therefore, the financing of activities falling within the public policy remit or of infrastructure directly related to those activities in general does not constitute state aid (32). at an airport, activities such as air traffic control, police, customs, firefighting, activities necessary to safeguard civil aviation against acts of unlawful interference and the investments relating to the infrastructure and equipment necessary to perform those activities are considered in general to be of a non-economic nature (33). (214) however, public financing of non-economic activities necessarily linked to the carrying out of an economic activity must not lead to undue discrimination between airlines and airport managers. indeed, it is established case law that there is an advantage when public authorities relieve undertakings of the costs inherent to their economic activities (34). therefore, if in a given legal system it is normal that airlines or airport managers bear the costs of certain services, whereas some airlines or airport managers providing the same services do not have to bear those costs, the latter may enjoy an advantage, even if those services are considered in themselves as non-economic. therefore, an analysis of the legal framework applicable to the airport operator is necessary in order to assess whether under that legal framework airport managers or airlines are required to bear the costs of the provision of some activities that might be non-economic in themselves but are inherent to the deployment of their economic activities. (215) austria submitted that the costs arising from the airport security measures pursuant to 1, 2, 8, 9 and 13 luftfahrtssicherheitsgesetz of 1992 (aviation security law, hereinafter: lsg) are to be considered falling within the public policy remit. kfbg had received from 2000-2010 the reimbursement of the following amounts: table 7 reimbursement by the federal ministry of interior affairs and the federal ministry of finances 2000-2010 (eur) 2000 24 000 2001 24 000 2002 27 000 2003 553 000 2004 878 000 2005 642 000 2006 791 000 2007 824 000 2008 1 134 000 2009 682 000 2010 896 000 (216) the commission notes, that pursuant to 8, 9 and 13(2) lsg only the costs related to the provision and maintenance of spaces and premises necessary for the performance of the activity as described in 1 and 2 lsg may be reimbursed. according to 1 and 2 lsg the airport operator is obliged to guarantee the precautionary protection of civil aircrafts including the people on board or boarding the aircraft of dangerous attacks with arms, ammunition and war material and any other dangerous devices. to this end, airport operator have to carry out effective security controls. all other costs that are not related to this activity must be borne by the airport operator. (217) the commission is of the view that the carrying out of effective security controls to guarantee the precautionary protection of civil aviation has to be considered to be an activity of non-economic nature as explained in point 35 the 2014 aviation guidelines. therefore, as regards operating expenses incurred between 2000 and 2010 for this activity, the commission considers that those costs for which the airport operator is entitled to reimbursement pursuant to 8, 9 and 13 lsg qualify as public policy remit costs. (218) according to the information submitted by austria, the practical implementation of the reimbursement procedure of the claims of the airport, that had to be documented in detail, provided a double check by the fiscal authority and the federal ministry of interior. an overcompensation was therefore excluded. kfbg could separate the costs of the public policy remit from other costs with a complicated recording system that attributed the costs to the individual flights operated at klu. (219) the commission also notes that the luftfahrtssicherheitsgesetz as a federal law was applied uniformly at all austrian airports and that there was no discrimination between airport managers. (220) the commission therefore concludes that the reimbursement of the operating costs incurred between 2000-2010 in relation to 1, 2, 8, 9 and 13 lsg falls within the public policy remit and is therefore exempted from the scrutiny under state aid rules. (221) austria also submitted that klu is used regularly by austrian military forces as well as police interventions and the christophorus-air-emergency. the commission agrees that these activities can be considered responsibilities of public administration. as the austrian authorities however have not demonstrated that kfbg has received reimbursement for the costs of these activities, the conditions for the reimbursement of public remit costs are not fulfilled. (222) in conclusion, the commission considers that all costs, which are not considered costs under public policy remit pursuant to 1, 2, 8, 9 and 13 lsg, qualify as an economic activity. 7.1.2. state resources and imputability to the state (223) in order to constitute state aid, the measures in question have to be financed from state resources and the decision to grant the measure must be imputable to the state. (224) the concept of state aid applies to any advantage granted through state resources by the state itself or by any intermediary body acting by virtue of powers conferred on it (35). resources of local authorities are, for the application of article 107 tfeu, state resources (36). (225) in this case, the relevant measures namely financial contributions to kfbg and dmg were granted from the budget of the local authorities. the financial contributions came directly from the state of carinthia, the city of klagenfurt and klh. the financial contributions provided by the state of carinthia and the city of klagenfurt have to be considered state resources. the same holds for klh: klh was a legal person governed by public law and established in 1990 by the klh-g, which also contains the statutes of klh. klh acted as owner company (holding), i.e. state assets agency for the shares which the state of carinthia holds in different involvements. klh managed a special fund called zukunft k rnten for the direct and indirect financing of projects. this fund consisted of eur 500 million that were provided from the budget of the state of carinthia. thus, all financial contributions kfbg received from klh have to be considered state resources. (226) concerning imputability, in its stardust marine judgment the court of justice furthermore held that the fact that the state or a state entity is the sole or majority shareholder of an undertaking is not sufficient to find that a transfer of resources by that undertaking is imputable to its public shareholders (37). according to the court of justice, even if the state was in a position to control a public undertaking and to exercise a dominant influence over its operations, actual exercise of that control in a particular case could not be automatically presumed, since a public undertaking may also act with more or less independence, according to the degree of autonomy left to it by the state. (227) according to the court of justice, indicators from which imputability might be inferred, are (38): the fact that the undertaking in question could not take the contested decision without taking account of the requirements of the public authorities, the fact that the undertaking had to take account of directives issued by public authorities, the integration of the public undertaking into the structures of the public administration, the nature of the public undertaking's activities and the exercise of those activities on the market in normal conditions of competition with private operators, the legal status of the undertaking, the intensity of the supervision exercised by the public authorities over the management of the undertaking, any other indicator showing, in the particular case, an involvement by the public authorities in the adoption of a measure or the unlikelihood of their not being involved, having regard also to the compass of the measure, its content or the conditions which it contains. (228) the commission considers that the financial contributions to kfbg and dmg are imputable to the state. the relevant measures of the state of carinthia and the city of klagenfurt namely the financial contributions to kfbg and dmg were granted directly from the budget of the local and regional authorities. thus the commission considers that they are imputable to the state. (229) the same holds for the financial contributions kfbg and dmg received from klh. the state of carinthia was not only in a position to control klh and exercised a dominant influence over its operations, it also had actual control over the financial contributions kfbg received from klh. the legal status of klh shows that klh was a legal person sui generis with the only mandate to manage the state assets in the interest of the state of carinthia. also the nature of klh's activities points to the fact that its activities were solely in the interest of the state of carinthia: klh held 80 % of the shares of kfbg and thus actively represented the state of carinthia's interest in the existence and maintenance of a viable and performing airport at klagenfurt for the state of carinthia. also the content of the measures klh carried out for the state of carinthia indicated that klh was acting for the state of carinthia: the decision to give financial contributions was important for the existence of klu and therefore to a great extent in the interest of the state of carinthia. (230) moreover, according to the statutes of klh, the board of klh was appointed directly by the supervisory board of klh. the supervisory board was appointed directly by the government of the state of carinthia. it is stipulated in the statutes that the members of the supervisory board shall represent the proportions of the political parties represented in the government of the state of carinthia. moreover, the supervisory board had to agree for any investment decision of the board above the amount of eur 50 000. according to 5 of the statutes of klh, klh was under a constant supervision by the government of the state of carinthia. the government of carinthia had to ensure that all decisions of klh were in the interest of the state of carinthia. (231) it follows from the above that klh's supervisory board had to agree on any decision taken by klh's board concerning the financing of kfbg above eur 50 000. the members of the supervisory board represented the political parties of the government of carinthia. in addition, the government of the state of carinthia supervised these decisions and had to ensure by this supervision that they were taken in the interest of the state of carinthia. this was confirmed by the austrian authorities, which declared that the government of carinthia was involved in all decisions concerning the financing of kfbg by klh. (232) in the light of these considerations, the commission considers that there are sufficient indicators to find that the financial contributions by klh are imputable to the state. 7.1.3. economic advantage 7.1.3.1. market economy operator principle (233) an advantage within the meaning of article 107(1) tfeu is any economic benefit which an undertaking would not have obtained under normal market conditions, that is to say, in the absence of state intervention (39). only the effect of the measure on the undertaking is relevant, not the cause nor the objective of the state intervention (40). whenever the financial situation of the undertaking is improved (compared to normal market conditions) as a result of state intervention, an advantage is present. (234) the commission further recalls that capital placed directly or indirectly at the disposal of an undertaking by the state in circumstances which correspond to normal market conditions cannot be regarded as state aid (41). in this case, in order to determine whether the public financing of klu grants kfbg/dmg an advantage that it would not have received under normal market conditions, the commission has to compare the conduct of the public authorities providing the direct investment grants and financial contributions to that of a meo who is guided by prospects of profitability in the long-term (42). (235) the assessment should leave aside any positive repercussions on the economy of the region in which the airport is located, since the court has clarified that the relevant question for applying the meo principle is whether in similar circumstances a private shareholder, having regard to the foreseeability of obtaining a return and leaving aside all social, regional-policy and sectorial considerations, would have subscribed the capital in question (43). (236) in order to be able to apply the meo principle, the commission has to place itself at the time when each decision to provide public funds to kfbg/dmg was taken. the commission must also base its assessment on the information and assumptions which were at the disposal of the relevant local authorities at the time when the decision regarding the financial arrangements of the infrastructure measures at stake was taken. (237) the financial contributions by the state of carinthia, the city of klagenfurt and klh essentially served to cover kfbg's and dmg's losses. according to elements submitted by austria, the financial contributions were partly granted to cover losses that were caused by the costs incurred by kfbg through marketing contracts concluded between kfbg and dmg with different airlines. the commission is of the opinion that such costs, which occurred through marketing contracts with airlines, have to be considered normal operating costs of an airport operator. indeed, such costs derived from contractual obligations entered into by the airport operator with airlines. under those arrangements, the airport operator purchases from an airline marketing services for the promotion of the air transport services offered by the airline in question, to the benefit of both the airport operator and the airline. therefore, the financial contributions in the end served to cover a part of the normal operating expenses of kfbg/dmg, thereby relieving both undertakings of an economic burden they would normally have to bear. (238) austria did not explicitly argue that the financial contributions complied with the meo principle. it rather submitted that closing the airport was never a realistic option for the local authorities and that, given the need and obligation to operate the airport, it was economically sensible to attract more commercial aviation. at other points, austria argued that the financial contributions for the airport were motivated by the will to economically invigorate the region and underlined the importance of the airport for the regional economy. (239) however, social and regional considerations cannot be taken into account when conducting the meo test. while it could, in principle, be accepted that even non-repayable grants to a company that is entirely owned by the state could qualify as market-conform investments, austria has not presented a business plan or any ex ante calculations such as a sensitivity analysis or underlying profitability assumptions regarding the expected profitability of the financial contributions. austria has not explained why a meo would continue injecting capital into an undertaking that generates losses. austria has therefore not submitted that the financial contributions were normal market investments. (240) finally, the commission notes that according to the information submitted by the austrian authorities, since 2002, kfbg/dmg have generated losses in most of the relevant years, if the financial contributions received from public authorities for the costs of the marketing contracts with airlines are disregarded when considering the net results of the respective years. (241) the commission concludes that the financial contributions in favour of kfbg/dmg could not be expected to generate a reasonable return on investment for the entities providing them, and were thus not provided under normal market conditions. in this light, the financial contributions must be qualified as granting an economic advantage to kfbg/dmg. 7.1.3.2. service of general economic interest (242) austria argued that the financing of kfbg and dmg through payments of the state of carinthia, the city of klagenfurt as well as klh would be in line with the requirements of the altmark jurisprudence (44) and would therefore not constitute an advantage. the overall management of the airport would qualify as sgei given the need to guarantee accessibility of the region of carinthia and therefore the financing in question would amount to compensation for the provision of an sgei by the airport. (243) in case of undertakings entrusted with the provision of an sgei, in order to conclude whether the measures under assessment constitute an advantage within the meaning of article 107(1) tfeu, the commission must examine observance of the conditions set out by the court in its judgement in the altmark case. those conditions may be summarised as follows: the recipient undertaking must actually have public service obligations to discharge and these obligations must be clearly defined (altmark 1), the parameters on the basis of which the compensation is calculated must be established in advance in an objective and transparent manner (altmark 2), the compensation cannot exceed what is necessary to cover all or part of the costs incurred in the discharge of public service obligations, taking into account the relevant receipts and a reasonable profit for discharging those obligations (altmark 3), where an sgei mission is not entrusted to an undertaking pursuant to a public procurement procedure, the level of compensation needed must be determined on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with means 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 (altmark 4). (244) the commission first assesses observance of the altmark 4 criterion. given that the altmark criteria have to be complied with cumulatively, non-observance of either one of those conditions would lead to the conclusion that the presence of an advantage cannot be excluded on the basis of this test, even if the services provided by kfbg/dmg qualify as sgeis. (245) altmark 4 criterion provides that the compensation must be the minimum necessary for an efficient undertaking in order to escape state aid qualification. this criterion is deemed to be fulfilled if the recipients of the compensation have been chosen following a tender procedure ensuring the provision of services at the least costs for the community or, failing that, the compensation has been calculated by reference to the costs of an efficient undertaking. (246) according to the information submitted by austria, the beneficiary has not been chosen following a public tender procedure. the state of carinthia has not organised a tender for the operation of klu but has established the company kfbg operating the airport. (247) moreover, the evidence does not show that the level of compensation has been determined on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with means so as to be able to meet the necessary public service requirements, would have incurred in discharging those obligations, taking into account the relevant revenues and a reasonable profit for discharging the obligations. indeed, there is no element in the file suggesting that an analysis of the costs that a typical airport manager would incur when operating an airport comparable to klu has been performed for the purposes of setting the level of the financial contributions granted to kfbg. the austrian authorities have not provided any such analysis. the financial contributions for kfbg simply seem to cover the financial needs of kfbg without any prior analysis of the costs. (248) consequently, there is no evidence to support the argument that kfbg provides airport services at the least cost to the community. (249) furthermore, all the calculations of compensations were one-off payments that were not part of a compensation mechanism designed ex ante. in the present case the parameters on the basis of which the sgei compensation should be calculated have not been established in advance, nor in an objective and transparent manner. therefore, altmark 2 is not fulfilled either. (250) since the altmark criteria are cumulative, it is sufficient at this stage for the commission to observe that either the second or the fourth criterion are not met in the present case to conclude that the measures at issue cannot be considered free of state aid based on the altmark judgement. the question, whether the operation of klu amounts to an sgei or whether austria made a manifest error in the definition of the sgei can be left open. the commission therefore concludes that the measure provides kfbg with an economic advantage. 7.1.4. selectivity (251) to fall within the scope of article 107(1) tfeu, a state measure must favour certain undertakings or the production of certain goods. hence, only those measures favouring undertakings which grant an advantage in a selective way fall under the notion of state aid. (252) in the case at hand, the financial contributions only benefit kfbg/dmg. the measures are thus selective by definition within the meaning of article 107(1) tfeu. 7.1.5. distortion of competition and effect on trade (253) when aid granted by a member state strengthens the position of an undertaking compared with other undertakings competing in the internal market, the latter must be regarded as affected by that aid (45). the economic advantage granted by the direct investment grants and the financial contributions in this case to the airport operator strengthen its economic position, as the airport operator was able to set up its business without bearing all of the inherent investment and operating costs. (254) as assessed in recitals 208 et seq., the operation of an airport is an economic activity. competition takes place, on the one hand, between airports to attract airlines and the corresponding air traffic (passengers and freight), and, on the other hand, between airport managers, which may compete between themselves to be entrusted with the management of a given airport. moreover, in particular with respect to low cost carriers and charter operators, airports that are not located in the same catchment areas and even in different member states can also be in competition with each other to attract those airlines. (255) as mentioned in point 40 of the 2005 aviation guidelines and reaffirmed in point 45 of the 2014 aviation guidelines, it is not possible to exclude even small airports from the scope of application of article 107(1) tfeu. furthermore, point 45 of the 2014 aviation guidelines explicitly states that the relatively small size of the undertaking which receives public funding does not, as such, exclude the possibility that trade between member states might be affected. (256) klu serves since 2012 approximately 230 000 passengers per year, and has served as many as approximately 520 000 passengers per year from 2004 to 2007 in the past. as observed in recital 21 klu is located in the vicinity of ljubljana airport (80 km) and within 2 hours' drive from six other airports. there are international flights from klu to destinations such as london, frankfurt, munich, hamburg or vienna. the runway at klagenfurt is of sufficient length (2 720 m) and allows airlines to serve medium-haul international destinations. in the light of these facts, it must be considered that public funding to kfbg/dmg distorts or threatens to distort competition and has at least a potential effect on trade between member states. (257) against this background, the public financing granted to kfbg/dmg must be considered liable to distort competition and have an effect on trade between member states. 7.1.6. conclusion (258) in the light of the above considerations, the commission considers that the public funding granted to kfbg/dmg in the form of financial contributions between 2000 and 2010 constitutes state aid within the meaning of article 107(1) tfeu. 7.2. the 2005 incentive scheme 7.2.1. economic activity and notion of undertaking (259) the 2005 incentive scheme offers discounts for airlines for providing specific air transport services. in particular it offered discounts for new flight destinations, for intensified existing flight connections and for more frequent and more reliable existing flight connections as described in recitals 33 to 38. (260) by providing such air transport services, airlines are performing an economic activity and therefore constitute undertakings within the meaning of article 107(1) tfeu. it must be analysed whether the 2005 incentive scheme granted the airlines using klu an economic advantage. 7.2.2. economic advantage (261) where an airport has public resources at its disposal, aid to an airline can, in principle, be excluded where the relationship between the airport and the airline satisfies the meo test. (262) under the 2014 aviation guidelines (46), the existence of aid to an airline using a particular airport can, in principle, be excluded if the price charged for the airport services corresponds to the market price, or if it can be demonstrated through an ex ante analysis that is to say one founded on information available when the aid is granted and on developments foreseeable at the time that the airport/airline arrangement will lead to a positive incremental profit contribution for the airport and is part of an overall strategy leading to profitability in the long term. the second approach means that it must be assessed whether, at the date when an agreement was concluded, a prudent market economy operator would have expected the agreement to lead to a higher profit than would have been achieved otherwise. that higher profit is to be measured by the difference between the incremental revenues expected to be generated by the agreement (that is, the difference between the revenues that would be achieved if the agreement were concluded and the revenues that would be achieved in the absence of the agreement) and the incremental costs expected to be incurred as a result of the contract (that is, the difference between the costs that would be incurred if the agreement were concluded and the costs that would be incurred in the absence of the agreement), the resulting cash flows being discounted with an appropriate discount rate. (263) however, as regards the first approach (a comparison with the market price), the commission does not consider that, at the present time, an appropriate benchmark can be identified to establish a true market price for services provided by airports (47). it therefore considers an ex ante incremental profitability analysis to be the most relevant criterion for the assessment of arrangements concluded by airports with individual airlines. (264) it should be noted that, in general, the application of the meo principle based on an average price on other, similar markets may prove helpful if such a price can be reasonably identified or deduced from other market indicators. however, this method is not as relevant in the case of airport services, as the structure of costs and revenues tends to differ greatly from one airport to another. this is because costs and revenues depend on how developed an airport is, the number of airlines which use the airport, its capacity in terms of passenger traffic, the state of the infrastructure and related investments, the regulatory framework which can vary from one member state to another and any debts or obligations entered into by the airport in the past (48). (265) moreover, the liberalisation of the air transport market complicates any purely comparative analysis. as can be seen in this case, commercial practices between airports and airlines are not always based exclusively on a published schedule of charges. rather, these commercial relations vary to a great extent. they include sharing risks with regard to passenger traffic and any related commercial and financial liability, standard incentive schemes and changing the spread of risks over the term of the agreements. consequently, one transaction cannot really be compared with another based on a turnaround price or price per passenger. (266) in addition, benchmarking is not an appropriate method to establish market prices if the available benchmarks have not been defined with regard to market considerations or the existing prices are significantly distorted by public interventions. such distortions appear to be present in the aviation industry, for reasons explained in points 57 to 59 of the 2014 aviation guidelines: publicly owned airports have traditionally been considered by public authorities as infrastructures for facilitating local development and not as undertakings operating in accordance with market rules. those airports' prices consequently tend not to be determined with regard to market considerations and in particular sound ex ante profitability prospects, but essentially having regard to social or regional considerations. even if some airports are privately owned or managed without social or regional considerations, the prices charged by those airports can be strongly influenced by the prices charged by the majority of publicly subsidised airports as the latter prices are taken into account by airlines during their negotiations with the privately owned or managed airports. in those circumstances, 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 airports. this situation may change or evolve in the future [ ]. (267) moreover, as the union courts have recalled, benchmarking by reference to the sector concerned is merely one analytical tool amongst others to determine if a beneficiary has received an economic advantage which it would not have obtained in normal market conditions (49). as such, while the commission may use that approach, it is not obliged to do so where, as in the present case, it would be inappropriate to do so. (268) in its study of 9 april 2013 (oxera note 3), ryanair essentially argues that the meo test can be applied based on a comparison with the commercial arrangements of other european airports. (269) it should firstly be noted that, during the procedure, neither austria nor any interested third party has suggested to the commission a sample of comparison airports that may be used in this case and that are sufficiently comparable to klu in terms of traffic volume, type of traffic, type and level of airport services provided, proximity of the airport to a large city, number of inhabitants in the catchment area, prosperity of the surrounding area, and different geographical areas from which passengers could be attracted. (270) the oxera study of 4 july 2011 was limited to a comparison between charges paid by ryanair at [ ] and [ ] airports, and the charges paid by ryanair under the airport services agreements at klu. the study did not assess whether the sample of benchmark airports fulfilled all the criteria spelled out in the 2014 aviation guidelines, as it only assessed traffic volumes, type of airport traffic and prosperity of the surrounding area (50). (271) even if a sample of comparison airports had been available, a comparative method would have been totally unworkable in this case. as showed above, the incentive scheme to be analysed offers different discounts for airlines for providing very specific air transport services (for new flight destinations, for intensified existing flight connections and for more frequent and more reliable existing flight connections). moreover, regarding the marketing agreements between kfbg and the airlines, complex packages have to be analysed. the packages consist of an airport services agreement and a marketing services agreement (sometimes combined within the same legal medium). these transactions involve several prices, namely the various airport charges, price of the ground handling services and price of the marketing services, some of which depend on the number of passengers and others on the number of aircraft movements, with others involving fixed amounts. each of these transactions therefore leads to a complex set of financial flows between the airport operator and the airline and its subsidiaries, consisting of the revenue from the airport charges, revenue linked to the ground handling services and revenue linked to the marketing services. (272) accordingly, a comparison between just the airport charges invoiced by the kfbg to the airlines concerned and the airport charges invoiced at the comparison airports would not provide any useful indication as to whether the meo test was satisfied. 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. (273) 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 operator may have expected them to lead to incremental costs higher than the incremental revenues. an meo would not in fact be interested in offering goods or services at the market price if this led to an incremental loss. (274) the commission considers it appropriate to reiterate in the context of this analysis that, following the adoption of the 2014 guidelines, both austria and the interested parties were invited to submit comments on the application of those guidelines to the present case (see recital 8). in the event, neither austria nor the interested parties 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. (275) in the light of all the above, the commission considers that the approach generally recommended in the 2014 guidelines for applying the meo test to relationships between airports and airlines, namely the ex ante incremental profitability analysis, must be applied to the present case (51). (276) this approach is justified by the fact that an airport operator 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, regardless of any comparison with the conditions offered to airlines by other airport operators, or even with the conditions offered by the same airport operator to other airlines. (277) in addition to the above considerations, the airport infrastructure must be open to all airlines and not dedicated to a specific airline in order to exclude that the advantage resulting from compatible aid to the airport operator is not passed on to a specific airline. (278) the commission also notes in this context that price differentiation is a standard business practice. such differentiated pricing policies should, however, be commercially justified. (279) the 2005 incentive scheme was introduced to enhance the competitiveness of klu. when drawing up the 2005 incentive scheme, the operator of klu analysed passenger numbers, airport movements as well as the financial results of the previous years. according to austria, a market comparison undertaken at that time showed that klu due to its high average fixed costs was a particularly expensive airport in austria. (280) the commission observes that since 1 october 2003 aua had unilaterally reduced its payments for the turnaround fees due at klu. although on 20 october 2005 kfbg and aua signed a settlement agreement concerning the payment of turnaround feed during the period of 1 october 2003 until 20 october 2005, kfbg had to face considerable shortfalls regarding the payments of airport charges from october 2003 to october 2005. in addition, all 2002 agreements between kfbg, dmg, ryanair, lv and ams ended suddenly in october 2005, when ryanair stopped to operate the passenger air services between klu and stn due to economic reasons. all these factors together led klu to reconsider its pricing policy and to introduce the 2005 incentive scheme. (281) according to the information submitted by austria, a detailed ex ante profitability study was prepared by the executive board of kfbg and authorised by the supervisory board of kfbg. (282) when assessing this ex ante profitability study, the commission observes that kfbg prepared a comprehensive study on the basis of its full cost basis accounting system. this ex ante cost-benefit analysis contains a detailed formula for the calculation of the full costs of kfbg. the costs are split into different cost factors that cover all costs incurred when operating the airport (landing tariff, infrastructure landing tariff, infrastructure air tariff, passenger tariff, traffic handling fee, ramp handling fee). the profitability study also contains a detailed explanation on how the cost factor of eur [ ] for the costs depending on the number of flights, i.e. mtow, and of eur [ ] depending on the number of passengers were calculated, based on the cost calculation system of kfbg in force at the time. as 51 % of the traffic handling was subcontracted to tyrolean airways, these costs were indicated in the cost calculation as costs of services of a third party. the capitalisation interest rate of 8 % as indicated by kfbg was calculated according to the weighted average cost of capital method and corresponded to the rate as published by vienna airport as of 2002. as non-aeronautical income, kfbg listed income factors such as the airport shops, the parking at the airport, the freight storehouse and the income from rent and lease agreements. the average income of these sources less the costs of these sources, measured on the basis of observed data from recent years, resulted in an average non-aeronautical income of eur [ ] per passenger. brought down to a round figure, kfbg indicated eur [ ] of non-aeronautical income per passenger. all those underlying assumptions appear reasonable. in particular, they are based on cost and revenue observations and, in the case of cost data, on an elaborate cost measurement system. (283) these established values for costs and incomes of kfbg were used subsequently in the cost-benefit analysis in different calculation models. these models represented different envisaged routes from and to klu with different aircrafts and under the assumption of varying degrees of capacity utilisation. the routes chosen corresponded to typical routes of interest of a small regional airport such as klagenfurt airport. those analyses are in line with the incremental costs method set out in the aviation guidelines, as they measure whether the revenues expected from the additional traffic under each model could be expected to cover the corresponding incremental costs and a reasonable profit. on request of the commission, austria submitted additional models, with the aim of covering all typical scenarios and possible routes of interest for kfbg in 2005. (284) austria has submitted that klu expected that no additional investments would be required to provide additional airport services to airlines attracted by the 2005 incentive scheme. in this context, the commission observes that the 2005 incentive scheme offered discounts only for new airlines, new connections, or increased passenger numbers with the consequence that it did not impact negatively on the status quo at the airport. the commission notes that particularly after the departure of ryanair in october 2005 klu had spare capacities, with the consequence that additional traffic could be handled without the need to upgrade infrastructure or acquire additional equipment or hire new staff. austria confirmed that there was no need to hire new staff or to expand existing infrastructure or other equipment in order to serve new airlines or connections (for instance the existing baggage belts and personnel were sufficient). hence, the commission concludes that the incremental costs were limited to the incentives offered by the 2005 incentive scheme. (285) moreover, klu expected that with any new airline or connection, aeronautical as well as non-aeronautical revenues would be generated. given that the level of costs remained stable, any new airline or connection would, according to austria, provide a positive contribution to the airport's profitability. klu could therefore expect from an ex ante perspective that any new airline or connection would lead to an increase of revenues as no investments were necessary at the same time. the commission is of the view that indeed the 2005 incentive scheme has been incrementally profitable form an ex ante perspective. (286) this conclusion is reinforced by the fact that kfbg indeed managed to attract a number of new airlines (such as air berlin, robin hood, condor, lufthansa, germanwings), to intensify existing destinations (aua), and to establish new connections after the introduction of the 2005 incentive scheme. klu's discount-based strategy to increase its business was successful. the available data finally demonstrates that the 2005 incentive scheme resulted in a gradual increase of revenue for the airport (aviation and non-aeronautical revenues from eur [ ] in 2006 to eur [ ] in 2010). (287) the commission further notes that when assessing the 2005 incentive scheme, it should also assess the extent to which the arrangements can be considered part of the implementation of an overall strategy of the airport to lead to profitability at least in the long term. in this respect, the commission has to take into account the factual evidence that was available and the developments that could reasonably be expected at the time when the 2005 incentive scheme was made, in particular the prevailing market conditions. notably, the commission should take into account the market changes induced by the liberalisation in the air transport market, the market entry and development of low cost carriers and other point-to-point carriers, changes in the organisational and economic structure of the airport industry as well as the degree of diversification and complexity of the functions undertaken by airports, the enhancement of the competition between airlines and airports, the uncertain economic environment due to the changes in the prevailing market conditions or any other uncertainty in the economic environment. the commission notes that, as described in recitals 279-280, several reasons (such as the shortfalls regarding the payments of airport charges from october 2003 to october 2005 by aua as well as the departure of ryanair as of october 2005) led klu to consider the 2005 incentive scheme a necessary step in ensuring its future viability and profitability. (288) finally, the commission notes that the airport infrastructure of klu is open to all airlines and not dedicated to a specific airline. likewise the 2005 incentive scheme was published on the website of klu and was open to all interested airlines. 7.2.3. conclusion (289) in the light of these considerations, the commission concludes that klu acted like a meo when adopting the 2005 incentive scheme. therefore, the measure did not grant the affected airlines any economic advantage and did not constitute state aid within the meaning of article of 107(1) tfeu. it has to be emphasised that this conclusion only holds for airlines to which the 2005 incentive scheme was applied as such. whenever the application of the scheme to a given airline was combined with a bilateral agreement, for instance a marketing agreement, this conclusion does not automatically apply. indeed, in such circumstances, the combined effects of the incentive scheme and of the bilateral agreement have to be taken into account when applying the meo principle. 7.3. the conclusion of the settlement agreement with aua and the application of the 2005 incentive scheme to aua 7.3.1. economic activity and notion of undertaking (290) aua, by providing air transport services, performs an economic activity and therefore constitutes an undertaking within the meaning of article 107(1) tfeu. 7.3.2. economic advantage (291) in order to assess whether an agreement between a publicly-owned airport with public resources at its disposal and an airline confers an economic advantage on the latter, it is necessary to analyse whether that agreement complied with the meo principle as described above under recitals 261 to 278. 7.3.2.1. time frame for the assessment of incremental costs and revenues (292) when deciding on whether to enter into an airport services agreement and/or a marketing services agreement, a meo will choose a time frame for its assessment based on the term of the agreement. in other words, a prudent meo will assess the incremental costs and revenues for the term of application of the agreement. (293) in this case a particularity has to be observed for the situation of kfbg at the moment of signing the agreement with aua. on 20 october 2005 kfbg had to take into consideration not only the development of its contractual relation with aua for the future, but also the past until october 2003. since 1 october 2003 aua had unilaterally reduced its payments for the turnaround fees due at that time at klu. on 17 november 2003 kfbg therefore brought against aua a civil law action at the local district court concerning the airport fees still due. when signing the settlement agreement on 20 october 2005 following this dispute, kfbg therefore had to take into consideration not only the future airport charges to be paid by aua but also the still outstanding airport charges of the past period, which it hoped to recover. 7.3.2.2. assessment (294) on 20 october 2005 kfbg and aua signed a settlement agreement concerning the period from 1 october 2003 to 20 october 2005. in this settlement agreement the two parties agreed to end two different ongoing litigations. the first litigation at the local district court concerned the civil law action of kfbg against aua concerning the airport fees still due. the second litigation concerned an action of aua against kfbg in competition law at the national cartel court. (295) the following points were agreed within the settlement agreement: aua agreed to pay eur [ ] to kfbg, both parties agreed that the 2005 incentive scheme became part of the settlement agreement and was to be applied for aua as of 1 october 2003. (296) austria asserts that kfbg/dmg did not prepare an ex ante business plan before concluding the settlement agreement with aua. (297) it explained that prior to the signature of the settlement agreement, kfbg, klh and the law firm representing kfbg in both court proceedings had evaluated in detail the legal and economic advantages and disadvantages of signing the agreement. to demonstrate these evaluations and considerations austria has submitted numerous reports and protocols submitted by the management board of kfbg to the supervisory board of kfbg (52) as well as the available legal documents of the legal proceedings. (298) from these documents the following conclusion can be drawn: (299) on the one hand, aua had in october 2005 a total debt of eur [ ] of unpaid turnaround fees towards klu. for this reason kfbg had brought a civil law action at the local district court against aua, as it believed that aua was not entitled to unilaterally reduce its payments as of october 2003. as kfbg had fulfilled its obligations from its air service agreement with aua, it seemed consequent for kfbg to take legal action. (300) on the other hand it has to be observed that aua submitted on 7 january 2004 a lengthy defence plea in this proceeding. in addition aua filed on 17 october 2004 an application at the national cartel court under national competition law because of abuse of a dominant position by kfbg. kfbg was therefore facing strong legal opposition of aua while trying to enforce its claims of payment of the full airport charges by aua. (301) at the same time, the economic situation of kfbg was seriously affected by the outstanding airport charges and the length of the ongoing dispute. the reports of the supervisory board of kfbg (53) demonstrate that the outstanding airport charges had a very negative impact on the liquidity of kfbg and that as a consequence the shareholders of kfbg were obliged to give kfbg a grant of eur [ ]. this need for cash is confirmed from the cash flow statements of kfbg of the years 2003-2005. (302) as the legal documents of the proceeding show, there was no possibility for kfbg to request a preliminary injunction against aua for payment, as the conditions for this legal instrument were not fulfilled in the situation of kfbg. at the same time, aua refused to pay the total amount of turnaround fees as it claimed that these turnaround fees were much higher than the turnaround fees ryanair was paying at the same time at klu. aua claimed equal treatment with ryanair and based its alleged right to equal conditions with ryanair on several arguments: klu's obligation to contract and its duty for equal treatment; klu's abuse of a dominant position and the protection against unfear competition. moreover aua claimed that klu had violated 63 luftfahrtgesetz national aviation act, hereinafter lfg) and 20 zivilflugplatz-betriebsordnung (civil airport operating regulation, hereinafter zfbo). according to 63 lfg civil airports have to be made accessible under the same conditions to all participants of aviation. according to 20 zfbo the airport fees have to be based on objective characteristics. as these legal arguments were prima facie not completely unfounded, kfbg could not be sure that aua would lose the civil law proceeding at the local district court. (303) moreover, as the correspondence between kfbg and aua in the two legal proceedings demonstrates, aua threatened kfbg during the proceedings to discontinue serving klu as an aua destination. the aua service between klagenfurt und the austrian capital vienna was and still is the most important air service connection for klu. it was therefore essential for kfbg to maintain its regular connection to the aua hub of vienna. as a consequence of this threat, kfbg searched in 2004 and 2005 for alternative airlines to ensure a flight connection to vienna in case aua would indeed stop its services to klu. (304) as austria declared, kfbg did not manage to find another alternative airline that would offer similar services as aua between klu and vienna airport. the discontinuation of the services of aua would have meant for klu to lose its main airline which would have led to liabilities exceeding the assets. (305) upon request by the commission, austria produced a detailed reconstructed ex ante analysis of the financial situation of kfbg on 20 october 2005. table 8 reconstructed ex ante analysis of four different scenarios between kfbg and aua calculation of scenarios on basis of extrapolation of 2005 scenario 1 including aua as full paying agent scenario 2 complete omission aua scenario 3 including aua with incentive scenario 4 process year aua earnings [ ] [ ] [ ] [ ] annual earnings [ ] [ ] [ ] [ ] cash flow [ ] [ ] [ ] [ ] cash flow after investments [ ] [ ] [ ] [ ] basis 2005 in teur departing passengers [ ] [ ] [ ] [ ] revenues aviation [ ] [ ] [ ] [ ] incentive [ ] [ ] [ ] [ ] value adjustment revenues aag [ ] revenues aeronautical [ ] [ ] [ ] [ ] other revenues [ ] [ ] [ ] [ ] earnings [ ] [ ] [ ] [ ] material expenses [ ] [ ] [ ] [ ] personnel expenses [ ] [ ] [ ] [ ] depreciation [ ] [ ] [ ] [ ] operating expenses [ ] [ ] [ ] [ ] project costs [ ] [ ] [ ] [ ] reimbursement marketing cooperations [ ] [ ] [ ] [ ] earnings [ ] [ ] [ ] [ ] financial result [ ] [ ] [ ] [ ] annual results [ ] [ ] [ ] [ ] cash flow (net profit plus afa) [ ] [ ] [ ] [ ] necessary replacement investments per year teur 1 500 -2 000 [ ] [ ] [ ] [ ] cash flow after investments [ ] [ ] [ ] [ ] project aag destination vienna and frankfurt 2005 mtow (vienna and frankfurt) [ ] departing passengers (vienna and frankfurt) [ ] rotations [ ] project revenues [ ] project costs/marginal costs traffic handling (*2) [ ] flight dependent [ ] passenger dependent [ ] total project costs rounded [ ] project success rounded [ ] incentive rounded [ ] (306) in preparing the analysis in table 8, austria took the following considerations into account. the analysis presents four different scenarios and their respective financial results for kfbg: (a) the scenario of continuing the agreement with aua paying the full airport charges as prior to october 2003 (the situation if aua would have continued to pay the charges); (b) the scenario of a complete discontinuation of all services at klu by aua; (c) the scenario of continuation of the agreement with aua with application of the 2005 incentive scheme (signing the settlement agreement); and (d) the scenario with a continuation of the agreement with aua continuing to pay only part of the airport charges due (the situation without signing the settlement agreement). (307) the commission takes note, that only the last three scenarios were possible alternatives for kfbg in the situation of the litigations with aua, as the first scenario was only of theoretical nature. out of these three scenarios however only the third scenario seemed to be a reasonable alternative for a meo being in the situation of kfbg. in the fourth scenario in which kfbg would not have signed the settlement agreement and aua would have continued to pay only part of the airport charges, the financial situation of kfbg and its liquidity would have further deteriorated. in comparison with the other scenarios the scenario four would have led to a clear negative cash flow for the future of kfbg. even worse would have been the result in scenario two, in case aua would have discontinued its services to klu as a result of not signing the settlement agreement and continuation of the litigations. in this scenario the cash flow would have been even worse for kfbg for the future. (308) in light of these considerations, the commission notes that the third scenario was the only reasonable scenario to choose for a meo in the situation of kfbg in october 2005. the third scenario meant that aua would pay the airport charges due, but not the full amount, i.e. only eur [ ] of the total debt of eur [ ]. a meo would have taken the partial losses of the airport charges into account in evaluating the positive effects of the settlement agreement: due to the settlement agreement nearly two thirds of the total debt would be paid by aua, leading to a positive cash flow in the future, removing the liquidity problems of klu and assuring at the same time the continuation of the regular air services of aua at klu. the expected discounted result of the third scenario was positive. (309) therefore, the commission concludes that from an ex ante perspective, a private meo would have signed the settlement agreement instead of choosing one of the other alternatives. 7.3.3. conclusion (310) the commission finds that kfbg/dmg acted like a meo in concluding the settlement agreement with aua. therefore, the decision to conclude the settlement agreement did not grant aua any economic advantage and does not constitute state aid within the meaning of article 107(1) tfeu. 7.4. the 2002 agreements with ryanair, lv and ams 7.4.1. economic activity and notion of undertaking (311) ryanair provides air transport services. lv and ams provide marketing services. providing such services is an economic activity. ryanair, lv and ams therefore constitute undertakings within the meaning of article 107(1) tfeu. 7.4.2. state resources and imputability to the state (312) in order to constitute state aid, the measures in question have to be financed from state resources and the decision to grant the measure must be imputable to the state. for the criteria used to assess the existence of state resources and imputability to the state reference is made to recitals 224 to 232. (313) the commission notes that kfbg/dmg are owned 100 % by the state. until 2003 the shares of kfbg/dmg were held by the republic of austria 60 %, the state of carinthia 20 % and klagenfurt city 20 %. in april 2003 the state of carinthia took over the shares of the republic of austria. since 2003 the shares were therefore held by the state of carinthia 80 % and klagenfurt city 20 %. kfbg/dmg must thus be considered public undertakings within the meaning of article 2(b) of commission directive 2006/111/ec (54) whose funds are state resources. (314) the 2002 agreements with ryanair, ams and lv are also imputable to the state. first, this was declared by austria with the explanation that the state of carinthia was involved in the conclusion of all marketing agreements between kfbg/dmg and the airlines. more generally, the state of carinthia was kept informed about the evolution related to all agreements via the management and supervisory boards of kfbg and dmg. the state of carinthia saw the conclusion of the different agreements as being in the interest of carinthia. second, the state of carinthia financed the marketing costs occurred through the marketing agreements concluded by kfbg/dmg. (315) austria also explicitly confirmed this involvement with reference to the 2002 agreements with ryanair and ams. this participation and involvement of the government in the 2002 agreements is further confirmed by the minutes of the meetings of the government of the state of carinthia, in which the conclusion of the air service agreements as well as the marketing agreements were discussed (55). (316) further, the costs of these 2002 agreements were borne by the state of carinthia and the city of klagenfurt (see section 7.1), a financing by the state which was agreed prior to the conclusion of the agreement with the airline and which required that the state of carinthia at least implicitly agrees with the agreements. (317) the organic structure and influence chain is a further indicator of imputability of the conclusion of the agreement package to the state. as described in recitals 228 to 232, the decisions of the state of carinthia and the city of klagenfurt were imputable to the state. both shareholders of kfbg appointed the supervisory board of kfbg/dmg (which in turn appointed the management) with the result that the supervisory board (and management) of kfbg also represented the proportions of the political parties represented in the government of the state of carinthia. the state of carinthia and the city of klagenfurt, as the sole shareholders of kfbg/dmg and by appointing the supervisory boards of kfbg/dmg (which in turn appoint the management), can be presumed to have a dominant influence over kfbg/dmg, and can control its resources. (318) when concluding the agreements with ryanair, kfbg also actively represented the state of carinthia's interest in the existence and maintenance of a viable and performing airport at klagenfurt for the state of carinthia. (319) austria confirmed that the agreements concluded between kfbg/dmg and ryanair and its subsidiaries are imputable to the state of carinthia in the sense of the stardust marine (56) jurisprudence. (320) in the light of these considerations, the commission considers that there are sufficient indicators to find that the conclusion of the 2002 agreements between kfbg/dmg and ryanair/lv/ams are imputable to the state. 7.4.3. economic advantage 7.4.3.1. application of the market economy operator principle to the 2002 agreements with ryanair, lv and ams (321) with regard to the application of the meo principle reference is made to the description at recitals 261 to 278 above. (322) in order to apply this principle, taking into account the facts of this case, the commission considers that the first step should be to address the following issues: whether the marketing services agreement and the airport services agreements should be analysed separately or together, what benefits a hypothetical meo acting in place of kfbg/dmg could have expected to gain from marketing services agreements, the relevance, for the purposes of applying the meo principle, of comparing the terms of the airport services agreements referred to in the formal investigation procedure with the airport charges billed at other airports. (323) after addressing the above issues, the next step for the commission will be to apply the meo principle to the 2002 agreements with ryanair, lv and ams. (a) regarding an analysis of the marketing services agreements and the airport services agreement together (324) the commission considers that in applying the meo test, two types of measures covered by the formal investigation in this case, namely the airports service agreement and the three marketing services agreements, must be evaluated together as one single measure. this approach concerns the airport services agreement concluded between ryanair and kfbg, on the one hand, and the marketing services agreements between dmg and lv as well as ams, on the other hand. (325) there are several indications pointing towards the fact that those agreements should be evaluated as one single measure since they were entered into within the framework of a single transaction. (326) first of all, the contracts were entered into by essentially the same parties: (1) lv is a 100 % subsidiary of ryanair. the two marketing services agreements were signed on behalf of lv by mr sean coyle, director of lv who had also a number of managerial positions at ryanair such as director of scheduled revenue as well as head of route selection, profitability, network strategy, capacity allocation, investor relations and commercial director. for the purpose of the application of state aid rules, lv and ryanair are considered to be a single undertaking, in the sense that lv acts as an intermediary in the interest and under the control of ryanair. this can also be inferred from the fact that the two marketing services agreements state in their preamble that dmg wishes to appoint lv to [ ] provide new scheduled passenger air services from locations within the united kingdom and/or continental europe to using environmentally-friendly modern jet aircraft with a capacity of not less than 140 sets (the services). the first marketing agreement of 22 january 2002 also states that operation of the services should continue to be 348 rotations per annum (87 rotations per quarter) with effect from [ ]. these statements demonstrate how strongly these marketing agreements are interlinked with the airport services agreement between ryanair and kfbg. (2) ams is also a 100 % subsidiary of ryanair. the marketing services agreement was signed on behalf of ams by mr eddie wilson, director of ams who had also managerial positions at ryanair such as director of personnel and in-flight. for the purpose of the application of state aid rules, ams and ryanair are considered to be a single undertaking, in the sense that ams acts as an intermediary in the interest and under the control of ryanair. for this agreement, this can also be inferred from the fact that the marketing services agreement refers in its preamble several times to the website of ryanair: dmg wishes to appoint ams to provide internet links to the highly successful travel website www.ryanair.com. [ ] ams has successfully developed and continues to operate the travel website www.ryanair.com. [ ] the parties have decided involving the use of the www.ryanair.com website as a marketing tool[ ]. these statements show the identical interest of ams and ryanair in this agreement. (3) dmg is a 100 % subsidiary of kfbg. as it was noted in recital 313 et seq., the decisions of kfbg to conclude airport services agreements with airlines such as ryanair were imputable to the state. the controlling influence over kfbg/dmg was, in this regard, exercised by the state of carinthia. considering, however, that it was always the state of carinthia which appointed kfbg's and dmg's supervisory boards, and that the state of carinthia effectively financed part of the losses of kfbg/dmg (thereby having significant influence on both and a larger financial interest in these undertakings), it can safely be considered that the state of carinthia had effective control over kfbg/dmg. as regards the commercial relationship between ryanair and kfbg on the one hand, and lv and dmg on the other hand, the commission finds that the interest of kfbg and dmg in entering into the respective agreements converged to a very large degree: both were interested in increasing traffic at the airport, and it made little difference whether kfbg concluded both contracts or whether dmg concluded the marketing contract instead. in this light, the fact that the airport service agreement was concluded with kfbg while the marketing services agreement was concluded with its dependent subsidiary cannot militate against assessing the agreements as one commercial transaction. (327) second, the four agreements were also all concluded at the same point in time, as they were all four signed on 22 january 2002. (328) third, the airport services agreement between ryanair and kfbg refers directly to the marketing payments of eur [ ] per year by dmg to ryanair's duly authorised professional media consultants, i.e. lv: klu shall procure the payment by dmg to ryanair's duly authorised professional media consultants of an amount of [ ] euro per annum, in respect of the daily rotation of the services commenting on 27 june 2002[ ]. this statement clearly links the marketing payments to the daily services of ryanair. (329) fourth, according to the first marketing agreement, in case the airport services should fall below the stated minimum level in any quarter, dmg shall be entitled to inform lv forthwith in writing that it intends to suspend payment of the amounts [ ] and that if the service level has not been restored to such minimum level during such quarter this agreement shall terminate forthwith[ ] this demonstrates yet again that the marketing services agreement and the airport services agreement are inseparably linked. (330) fifth, the minutes of the meetings of the government of state of carinthia show that the government of carinthia evaluated signing the various agreements as one operation. the decision to conclude a marketing contract with lv/ams was directly linked to the decision to conclude also an airport services agreement with ryanair (57). (331) in conclusion, the marketing services agreements concluded by dmg and lv as well as ams are indivisibly linked to the airport service agreement signed by ryanair and kfbg. the above considerations demonstrate that without the airport services agreement, the marketing services agreements would not have been concluded. indeed, the marketing services agreements state explicitly that they are based on a new airport service form the united kingdom to klagenfurt, and essentially envisage marketing services using the travel website www.ryanair.com aimed at promoting that service. at the same time, it appears that the conclusion of the airport services agreement was also closely linked to the marketing services agreements: under the obligations of ryanair the airport services agreement states that ryanair, in conjunction with dmg, will produce a periodic marketing plan for the services for discussion with information of klu [ ] linking the appropriate tourist websites to ryanair's website and incorporating appropriate logos whenever feasible. this statement clearly links the airport services agreement with the marketing agreements of dmg and ams as well as lv of the same date. (332) these elements of the various marketing services agreements show that the marketing services stipulated in these agreements are, in terms of both their duration and their nature, closely linked to the air transport services offered by ryanair, as defined in the marketing services agreements and covered by the corresponding airport services agreement. the marketing services agreements even indicate that they are rooted in ryanair's commitment to operate the transport services in question. the marketing services agreements are therefore indissociable from the airport services agreement that they echo and that forms their purpose. (333) for those reasons, the commission considers it appropriate to analyse the airport services agreement and the marketing services agreements of 22 january 2002 jointly, with a view to determining whether they constitute state aid. (334) austria has agreed in its comments to the extension decision with the approach taken in the extension decision to analyse together the airport services agreement and marketing services agreements signed at the same time. (335) on the other hand, certain interested parties, particularly ryanair and ams, question this approach as they consider that the marketing services agreements should be analysed separately. in its comments to the extension decision ryanair objected to the joint assessment of the airport services agreements and the marketing services agreements (referring also to previous submissions on that subject) (58) as they were signed by different entities and were not linked with each other. ryanair claimed that the conclusion of a marketing agreement was not a condition for the operation of routes by ryanair to and from an airport. this approach however is not in line with a statement of sean coyle, a director of ryanair, in an email of 4 august 2005 to mr johannes gatterer, ceo of kfbg at the time: [ ]the operation is currently loss making and these losses are not sustainable into the future. i appreciate you have 5-year agreement in relation to the marketing amount of eur [ ] and naturally on cessation of the services no further quarterly payment falls due and this agreement ceases in line with main contract[ ] (59). this statement clearly links the marketing services agreement to its main contract, the airport services agreement. (336) moreover, the facts on record confirm that the approach taken in the extension decision and approved by austria, is well-founded as it has been demonstrated in recitals 324 to 333 et seq. therefore, the airport service agreements and marketing services agreements should be assessed jointly. (337) austria also submitted in its comments to the extension decision, that the second marketing services agreement between dmg and ams of 22 january 2002 was never executed by the parties. austria claimed that this agreement never materialised, i.e. ams never undertook the marketing services mentioned therein and dmg never paid for these services eur [ ] per annum as stipulated in the agreement. as proof for this statement, austria submitted a letter of the tax consultant of dmg stating that following intensive research in the book keeping of the years 2002-2005 no trace could be found of a payment of eur [ ] per annum on the basis of the second marketing services agreement. austria could however not reply to the question why the third marketing services agreement supposedly was to replace the second marketing services agreement, as there is no documentation available from that time in the archives of kfbg and no employee available of that time that could reconstruct the events that led to the signature of the third marketing services agreement. ryanair has not supported this argument in its submission of comments to the extension decision, as it has not mentioned an eventual replacement of the second marketing services agreement. (338) the commission notes that in the wording of the third marketing is no indication that it replaces or supersedes the second marketing agreement. (339) as there is no documentation on the alleged replacement apart of the attestation of the absence of a payment on the grounds of the second marketing services agreement, the commission comes to the conclusion that the evidence available does not prove austria's view. moreover, the commission notes, that even when assuming that the second marketing services agreement was never executed, this would have no impact on the assessment of the costs that a reasonable meo would have expected: there was no reason that a reasonable meo would have expected at the moment of the signature of the three marketing services agreements that one of them would not be executed in the future. therefore, even when assuming that the second agreement indeed was not executed this would not have any impact on the assessment of the incremental costs. (b) regarding the benefits that an meo could have expected to gain from marketing services agreements and the price that it would have been willing to pay for those services (340) in order to be able to apply the meo principle to the case at hand, the behaviour of kfbg/dmg as signatories of the airport services agreement with ryanair and the marketing services agreements with ams and lv must be compared to that of a hypothetical meo in charge of operating klu. (341) when analysing the transaction in question, it is necessary to assess the benefits that this hypothetical meo, motivated by the prospect of profits, could gain from purchasing marketing services. this analysis should not take into account the general impact of such services on tourism and the region's economic performance. only the impact of these services on the airport's profitability should be taken into account, as this would be the only concern for a hypothetical meo. (342) thus, marketing services should stimulate passenger traffic on the air routes covered by marketing services agreements and the corresponding airport services agreements, as the marketing services are designed to promote those air routes. an increase in passenger traffic may lead to an increase in revenues generated by certain airport charges for the airport operator, as well as an increase in non-aeronautical revenues, in particular from car parks, restaurants and other businesses. (343) there can therefore be no doubt that an meo operating klu in the stead of kfbg/dmg would have taken this positive effect into account when considering entering into the marketing services agreements and the corresponding airport services agreement. the meo would have taken into account the impact of the air route in question on future revenues and costs by, in this case, estimating the number of passengers using these routes, which would have reflected the positive effect of marketing services. moreover, this effect would have been evaluated for the entire term of operation of the air routes in question, as set out in the airport services agreement and the marketing services agreements. (344) when an airport operator enters into an agreement for the promotion of certain air routes, it is standard practice to estimate the load ratio (or the load factor) (60) for the air routes in question and to take this into account when assessing future revenues. the commission agrees with ryanair on this issue, that is to say, that marketing services agreements do not just generate costs for the airport operator, they also bring benefits with them. (345) in addition, it has to be determined whether other benefits could reasonably be expected and quantified for a hypothetical meo operating klu in the stead of kfbg/dmg, that is to say, other than the benefits from the positive effect on passenger traffic on the air routes covered by the marketing services agreement during the term of operation of these routes, as set out in the marketing services agreements or the airport services agreement. (346) certain interested third parties (61) support this argument, in particular ryanair in its study of 17 january 2014. the study of 17 january 2014 is based on the theory that marketing services acquired by an airport operator, such as kfbg/dmg, will help to improve the airport's brand image and, as a result, to sustainably increase the number of passengers using the airport and not just the numbers on the air routes covered by the marketing services agreements and the airport services agreement for the term of operation set out in those agreements. in particular, ryanair found in its study that the marketing services will have sustainable positive effects on passenger traffic in the airport even after the marketing services agreements have expired. (347) it should first be noted that there is nothing to suggest that, when the marketing services agreements were entered into, the airport operator ever considered, still less quantified, the marketing services agreements' possible beneficial effects on air routes additional to those covered by the agreement, or the possibility of such effects continuing after the agreements had expired. moreover, austria did not suggest any method for estimating the possible value that a hypothetical meo operating klu in the stead of kfbg/dmg could have placed on such effects when assessing whether to enter into the agreements in 2002. (348) in addition, the sustainable nature of these effects cannot be assessed based on the information available. it is possible that advertising klagenfurt and the region on ryanair's internet site may have encouraged people visiting that site to buy ryanair tickets to klagenfurt when the advertising was first posted or just thereafter. however, it is unlikely that the effect of the advertising on visitors lasted or had an influence on plane ticket purchases for more than a few weeks after it was posted on the ryanair internet site. an advertising campaign is more likely to have a sustainable effect when the promotional activities involve one or more advertising media to which consumers are regularly exposed over a given period. for example, an advertising campaign involving general tv and radio stations, popular internet sites and/or various advertising posters displayed outside or inside public places could have a sustainable effect if consumers are regularly exposed to those media. however, promotional activities limited to just ryanair's internet site are unlikely to have an effect that lasts much past the end of that promotion. (349) thus, even if the marketing services increased passenger traffic on the air routes covered by the marketing services agreements for the period of their implementation, it is likely that this effect was negligible after that period and that the effect on other air routes was similarly insignificant. (350) it also follows from the ryanair studies of 17 and 31 january 2014 that the generation of benefits going beyond the air routes covered by marketing services agreements or lasting after the period of their implementation for these routes, as set out in the marketing services agreements and airport services agreement, was extremely uncertain and could not be quantified with a degree of reliability that would be considered sufficient by a prudent meo. (351) thus, for example, according to the study of 17 january 2014, future incremental profits beyond the scheduled expiry of the airport services agreement are inherently uncertain. moreover, that study suggests two methods for evaluating the positive effects of marketing service agreements: a cash flow approach and a capitalisation approach. (352) the cash flow approach involves evaluating the benefits of marketing services agreements and airport services agreements by assessing the future revenues which may be generated by the airport operator through marketing services and the airport services agreement, minus corresponding costs. in the capitalisation approach, improvement of the brand image of the airport through marketing services is treated as an intangible asset, acquired for the price laid down in the marketing services agreement. (353) however, the study highlights the major difficulties presented by the capitalisation approach and shows that the results produced by this method may be unreliable; it suggests that the cash flow approach would be better. in particular, the study finds: the capitalisation approach should only take into account the proportion of marketing expenditure that is attributable to the intangible asset base of an airport. however, it may be difficult to identify the proportion of marketing expenditure that is targeted towards generating expected future revenues for the airport (i.e. an investment in the intangible asset base of the airport) as opposed to generating current revenues for the airport. it also stresses that: in order to implement the capitalisation-based approach, it is necessary to estimate the average length of time that an airport would be able to retain a customer due to the ams marketing campaign. in practice, it would be very difficult to estimate the average period of customer retention following an ams campaign due to insufficient data. (354) the study of 31 january 2014 proposes a practical application of the cash flow approach. under this approach, the benefits of marketing services agreements and airport services agreements which last even after the marketing services agreement has expired are expressed as a terminal value that is calculated on the agreement's expiry date. this terminal value is calculated based on the incremental profits expected from the airport services agreement and marketing services agreement in the final year of application of the airport services agreement. those profits are extended into the following period, the term of which is equal to the term of the airport services agreement, and are adjusted to take into account the growth rate for the air transport market in europe and the probability factor designed to reflect the airport services agreement's and marketing services agreement's capacities to contribute to the airport's profits after they have expired. according to the study of 31 january 2014, the capacity for producing lasting benefits depends on various factors including greater prominence and a stronger brand, alongside network externalities and repeat passengers, although no details are given about these factors. moreover, this method takes into account a discount rate which reflects capital costs. (355) the study suggests a probability factor of 30 %, which it considers prudent. however, this very theoretical study does not provide any serious evidence for this factor, either quantitatively or qualitatively. it does not base itself on any facts relating to ryanair's activities, air transport markets or airport services to substantiate this rate of 30 %. it does not establish any link between this rate and the factors that it mentions in passing (prominence, strong brand, network externalities and repeat passengers) and that are supposed to extend the benefits of the airport services agreement and market service agreement after their expiry dates. finally, it does not in any way base itself on the specific content of marketing services provided for in the various contracts with ams when analysing to what extent those services could influence those factors. (356) moreover, it does not prove that there is any likelihood that, on expiry of the airport services agreement and the marketing services agreements, the profits generated by these agreements for the airport operator in the final year of their application will continue in the future. likewise, it provides no evidence that the growth rate of the air transport market in europe is a useful indicator for measuring the impact of an airport services agreement and marketing services agreements for a given airport. (357) a terminal value calculated using the method suggested by ryanair would therefore be highly unlikely to be taken into account by a prudent meo when deciding whether to enter into an agreement. (358) the study of 31 january 2014 therefore shows that a cash flow approach would only lead to very uncertain and unreliable results, as would the capitalisation method. (359) moreover, neither austria nor any interested third party has provided any evidence that the method put forward by ryanair in the study of 31 january 2014, or any other method aiming to quantify the profits after expiry of airport services agreements and marketing services agreements, has been successfully implemented by regional airport operators comparable to klagenfurt's operator. austria has not made any comments on the studies of 17 and 31 january 2014. (360) moreover, a terminal value calculated using the method put forward by ryanair is only positive (and, therefore, only tends to increase the profitability of the airport services agreement and marketing services agreements) if the incremental profit expected from these agreements in the final year of application of the airport services agreement is positive. if it is negative, taking the terminal value into account will usually reduce the profitability of the agreements. it will be demonstrated below that the 2002 agreements resulted in negative incremental cash flows. (361) moreover, as stated above, the marketing services target the route covered by the marketing services agreement. if this route is not renewed on expiry of the airport services agreement, it is unlikely that marketing services will continue to have a positive effect on passenger traffic at the airport after the expiry date. it is very difficult for an airport operator to assess the likelihood of an airline continuing to run a route on expiry of the term to which it has committed itself in the airport services agreement. low-cost airlines, in particular, have shown that, when it comes to opening and closing routes, they are very responsive to market conditions which, more often than not, change very quickly. therefore, when entering into a transaction such as the one being examined in this case, a prudent meo would not rely on an airline company extending the operation of the route in question on expiry of the agreement. (362) to conclude, in light of the arguments presented above, the only benefit that a prudent meo would expect from a marketing services agreement, and which it would quantify when deciding on whether to enter into such an agreement, together with an airport services agreement, would be that the marketing services would have a positive effect on the number of passengers using the routes covered by the agreements in question for the term of operation of those routes, as set out in the agreements. the commission considers that any other possible benefits are too uncertain to be quantified and taken into account and that no such benefits have been concretely demonstrated in the present case. (c) the feasibility of comparing klagenfurt airport to other european airports (363) regarding the feasibility of a comparison versus the ex ante analysis of incremental profitability of the 2002 agreements, reference is made to the assessment under recitals 262 to 278. (364) regarding the comparison of klu with other airports, ryanair submitted the oxera study of 4 july 2011. this study was limited to a comparison between charges paid by ryanair at [ ] and [ ] and airports, and the charges paid by ryanair under the airport services agreements at klu. that study did not factor in the specific marketing services agreements (62) at klu in comparison to those possibly offered in other airports. however, for each route covered by the agreements at issue the relevant marketing services agreement had to be assessed jointly with the corresponding airport services agreement. as such, the elements invoked in the oxery study of 4 july 2011 did not fulfil the most basic requirement for benchmarking, namely a sufficiently precise definition of the economic activities concerned so that comparable market operators could be identified. (365) in addition, the oxera study of 4 july 2011 did not establish a dependable point of reference for market prices of airport services. although the study describes the chosen comparator airports as majority privately owned and funded, or otherwise operating as market economy investors, [ ] airport is owned by manchester airports group, which itself has majority state ownership, while the oxera study of 4 july 2011 does not claim that [ ] airport is operated on a market economy basis. as for [ ] airport, the study states that the airport has consistently been privately owned, but omits to mention that [ ] airport was loss-making before it was sold in 2013, a factor which would call into question whether the low airport charges invoked as a point of reference in this case were sustainable for a meo. 7.4.3.2. conclusion on the terms for applying the market economy operator test (366) it is clear from all the above that, in order to apply the meo test to the agreements in question, the commission must analyse each marketing services agreement together with the corresponding airport services agreement, and must assess whether a hypothetical meo, motivated by the prospect of profits and operating klu in place of kfbg, would have entered into these transactions. to this end, the commission must determine the incremental profitability of the agreements as it would have been assessed by the meo at the time of their conclusion, by estimating, for the entire period of application of the agreements: the future incremental traffic expected from the implementation of these agreements, possibly taking into account the effects of the marketing services on the load factors of the routes covered by the agreements, the future incremental revenues expected from the implementation of these agreements, including revenue from airport charges and ground handling services, generated by the routes covered by these agreements, as well as non-aeronautical revenue from the additional traffic generated by the implementation of these agreements, the future incremental costs expected from the implementation of these agreements, including operating costs and any incremental investment costs generated by the routes covered by these agreements, as well as marketing service costs. (367) these calculations will provide the future annual flows corresponding to the difference between incremental revenues and costs, which are to be discounted, if necessary, by a rate reflecting the cost of capital for the airport operator. a positive net present value indicates in principle that the agreements in question do not confer an economic advantage, whereas a negative net present value reveals the presence of such an advantage. 7.4.3.3. time frame for the assessment of incremental costs and revenues (368) when deciding on whether to enter into an airport services agreement and/or a marketing services agreement, a meo will choose a time frame for its assessment based on the term of the agreements in question or the term set in each individual agreement. in other words, it will assess the incremental costs and revenues for the term of application of the agreements. (369) there does not seem to be any justification for choosing a longer period. on the date of signature of the agreements, a prudent meo will not count on the agreements being renewed once they have expired, whether under the same or new terms. moreover, a generally prudent operator would be aware that low-cost airlines such as ryanair have always been and are known for being very responsive to market developments, both when starting up or shutting down routes and when increasing or decreasing the number of flights. (370) as a time frame for an assessment of the agreements in question a meo would have chosen as a starting point the date of the simultaneous signature of all four agreements, i.e. the 22 january 2002. as an end date a meo would have taken the end date as stipulated in each agreement. this was after a period of 5 years, i.e. 26 june 2007 in case of the airport services agreement between ryanair and kfbg and of the first marketing agreement between dmg and lv. in case of the second marketing agreement between dmg and ams the agreement entered into force for a 5-year initial term, i.e. until 21 january 2007. the third marketing agreement between dmg and lv indicated no precise duration, but had as main purpose the one-off payment of eur [ ] by dmg to lv on 1 may 2002. therefore 1 may 2002 would mark the end of the application of the agreement. (371) the possibility to extend the agreements as foreseen in two of the agreements would not be taken into consideration by a prudent meo. the extension of the agreements was automatic under the condition that ryanair fully complied with its obligations as set out in the agreement. the extension was thus dependant on ryanair's future behaviour and for that reason, on the date of signature a prudent meo in the same situation as kfbg would not have been in a position to expect that this automatic extension would necessarily take place. this view seems to be confirmed by the fact that all four agreements between kfbg, dmg, ryanair, lv and ams ended ahead of time on 29 october 2005, when ryanair stopped to operate the passenger air services between klu and stn due to economic reasons. (372) even when taking into account a prolongation of the agreements for 5 further years, this would not lead to another result of an ex ante assessment. when assessing such prolongation under the same terms as for the first 5 years, it would lead to the same results, i.e. negative incremental cash flows. 7.4.3.4. assessment (373) for the purpose of assessing the agreements in question and given the above findings, it should be noted that both the existence and the amount of aid in these agreements have to be assessed in the light of the situation prevailing at the time they were signed and, more specifically, in the light of the information available and developments foreseeable at that time. (374) austria asserts that kfbg/dmg did not prepare any ex ante market study, business plan or profitability calculation before concluding individual airport services agreements with various airlines, nor did it prepare any ex ante market study, business plan or profitability calculation before concluding individual marketing services agreements. (375) according to ryanair, the lack of a business plan when agreements such as those covered by the formal investigation procedure are signed cannot be used as evidence that the meo test is not satisfied. (376) the lack of a business plan indicates that the agreements signed with ryanair, lv and ams do not satisfy the meo test, particularly as neither austria nor kfbg have been able to provide, in respect of these agreements, any profitability calculation, even incomplete, that was carried out before the agreements were signed. (377) the commission therefore invited austria during the procedure to reconstruct the profitability analysis that an meo would have carried out before signing the agreements with ryanair, lv and ams in 2002, based on the objective information known to kfbg/dmg when these agreements were signed and on the foreseeable developments. (378) upon the commission's request, austria prepared an overview of the incremental costs and revenues that could have been expected at the time the relevant agreements were concluded. austria prepared that data for each of the agreements concluded, as summarised in table 9. table 9 incremental profitability of contracts with ryanair, lv and ams of 2002 prepared by austria 5 years capital interest rate: 8 % passenger incentive: 0,00 daily connections 348 rotations per year lfz (b737-800): 189 seats mtow (b737-800): 75 mtow calculation model empirical values according to agreements rotation 348 348 348 348 348 load 70 % 70 % 70 % 70 % 70 % passenger departing 46 040 46 040 46 040 46 040 46 040 5-year period 1 2 3 4 5 per rotation [ ] [ ] [ ] [ ] [ ] per departing passenger [ ] [ ] [ ] [ ] [ ] per departing passenger sec. fee [ ] [ ] [ ] [ ] [ ] per departing passenger security fee [ ] [ ] [ ] [ ] [ ] (vienna tax administration) revenues aviation [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical per passenger [ ] [ ] [ ] [ ] [ ] surplus aeronautical [ ] [ ] [ ] [ ] [ ] costs contribution carinthia advertisement [ ] [ ] [ ] [ ] [ ] costs contribution city klagenfurt [ ] [ ] [ ] [ ] [ ] costs contribution state carinthia [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] revenues project [ ] [ ] [ ] [ ] [ ] marketing agreement leading verge by [ ] [ ] [ ] [ ] [ ] dmg 23.5.2002 [ ] [ ] [ ] [ ] [ ] project costs on marginal cost basis traffic handling third parties 51 % [ ] [ ] [ ] [ ] [ ] austro control aviation safety [ ] [ ] [ ] [ ] [ ] project costs (2002) flight dependent [ ] [ ] [ ] [ ] [ ] [ ] passenger dependent [ ] [ ] [ ] [ ] [ ] [ ] project costs/expenses 1 986 100 986 100 986 100 986 100 986 100 surplus [ ] [ ] [ ] [ ] [ ] discount factor [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] the cost benefit analysis shows a discounted positive result of eur 1 540 000 fees according to agreement 22.1.2002 per rotation all-inclusive fee [ ] per departing passenger [ ] per departing passenger security fee [ ] (*3) (fixed by austrian government) traffic handling 2002 [ ] austro control [ ] (379) in preparing table 9, austria took the following considerations into account: (a) the expected incremental traffic, i.e. the expected incremental passenger numbers were calculated from the envisaged number of flights per week (348 rotations per year to london with 189 seats, a maximum take-off weight of 75 tonnes and a load factor of 70 %) and extrapolated for the duration of the airport services agreement with ryanair. as a result austria indicated 46 040 passengers per year. (b) the expected incremental aeronautical revenues (handling and landing charges on the basis of the airport charges at the time; eur [ ]per rotation and eur [ ] per departing passenger) were calculated over the duration of 5 years of the airport services agreement on the basis of the conditions agreed on with ryanair. for the incremental revenues per rotation austria indicated eur [ ] per year and for the incremental revenues per departing passenger austria indicated eur [ ] per year. the security fee of eur [ ] was not taken into account, as it was passed on by kfbg directly to the respective austrian public authorities, i.e. an amount in transit. as a result austria indicated eur [ ] per year. (c) the expected incremental non-aeronautical revenues (parking charges, spending in the terminals, etc.) were calculated over the duration of the airport services agreement. austria estimated eur [ ] per departing passenger in its analysis, calculating this amount from the average non-aeronautical revenue per passenger over the period of the years 2000-2004. as a result austria indicated eur [ ] per year. (d) in addition austria included as incremental revenues the payments kfbg received from the state of carinthia (eur [ ] as an one-off payment in 2002, eur [ ] per year), from the city of klagenfurt (eur [ ] per year) and from k rnten werbung (eur [ ] per year) in its analysis. (e) as expected incremental costs, i.e. as costs arising because of the transaction with ryanair, lv and ams that would not materialise in the counterfactual scenario austria indicated the following payments: payments specified in the first marketing agreement between lv and dmg (eur [ ] per year) as well as the payment specified in the third marketing agreement (side letter to the first marketing agreement) between lv and dmg (the one-off payment of eur [ ]). payments to a third party (tyrolean airways) as a subagent for the provision of ground handling services. austria explained that tyrolean airways has operated since decades at klu as a subagent for ground handling services. the price of ground handling services is published every year in the schedule of tariffs of klu. according to the outsourcing contract between kfbg and tyrolean airways, kfbg will pay the subagent a certain percentage of the published price for ground handling services depending on the type of airline. low cost airlines can opt for basic ground handling services with fewer services included whereas all other airlines have to choose complete ground handling services with all ground handling services included. the subagent contract indicates that kfbg pays for the low cost airlines 51 % of the ground handling services and for the other airlines 67,9 % of those services. the 51 % of ground handling services comprise the cost of materials used by tyrolean airlines for the ground handling services. austria indicated payments of eur [ ] per year. payments to the public undertaking austro control, which is in charge of the security of the austrian airspace. austro control is the air traffic controller at klu and operates the air control tower. austria indicated for the services of austro control payments of eur [ ] per rotation, i.e. eur [ ] per year. incremental operating costs from the expected incremental traffic over the duration of the agreement: eur [ ] per additional rotation and per ton of mtow and eur [ ] per additional departing passenger. austria declared that these two values are the best estimates for these values that could be established for an ex ante estimation of a meo at the moment of the signature of the agreements. these values are derived from the cost accounting system in place in 2002 (bab 2002) which comprised the cost factors of landing tariff, passenger tariff and ramp handling fee, traffic handling fee, infrastructure tariff and hangar service fee. in addition to these estimated fees and tariffs austria increased the amount with a security margin to ensure that the estimation of the expected incremental operating costs would not be too optimistic. this result was divided by the respective reference parameter, i.e. the expected number of passengers and mtow. as a result austria estimated eur [ ] incremental operating costs per rotation and eur [ ] incremental operating costs per passenger. (f) austria declared that kfbg did not expect in february 2002 any incremental investment costs due to the additional traffic. klu had at that time considerable spare capacity and the additional traffic was supposed to fill these capacities. the terminal of klu had a total capacity of 600 000 passengers per year and in 2001 around 227 000 passengers used klu. the expected incremental traffic of 46 040 passengers would therefore not require any investments as the existing terminal could accommodate the incremental traffic. (g) the discount rate used by kfbg was based on the discount rate of 8 %, which was the discount rate used and published by the airport of vienna. (380) the commission finds that the approach taken by austria in estimating the passenger numbers and calculating on that basis the expected incremental aeronautical revenues is sound. the same holds true with respect to the incremental costs of the ground handling services by a third party and the costs for payments for austro control. also the estimation of the incremental operating costs per rotation and per passenger as well as the discount rate of 8 % is estimated with a sound approach. according to the data available for the expected incremental traffic the statement of austria regarding incremental investment costs seems also reasonable. (381) having analysed the information provided by austria, the commission however disagrees in some of the points of the analysis and therefore will amend the analysis at the following points: (a) as expected incremental non-aeronautical revenues austria estimated eur [ ] per departing passenger in its analysis, calculating this amount from the average non-aeronautical revenue per passenger over the period of the years 2000-2004. however, in an analysis for the 2002 agreements performed in february 2002, a prudent meo would have rather used the average non-aeronautical revenue over the period of the years 1997-2001. from the information submitted by austria this average for the years 1997-2001 was indeed eur [ ]. the commission will therefore use the value of eur [ ] per departing passenger in this analysis. the new result is therefore eur [ ] per year. (b) the commission disagrees with austria on the inclusion as incremental revenues of the payments kfbg received from the state of carinthia (eur [ ] as an one-off payment in 2002, eur [ ] per year), from the city of klagenfurt (eur [ ] per year) and from k rnten werbung (eur [ ] per year) in its analysis. these amounts were granted as operating support to finance the 2002 agreements with ryanair and its subsidiaries (see section 7.1 above). according to point 63 of the aviation guidelines, the airport should demonstrate that [ ] it is capable of covering all costs stemming from the arrangement. if additional support is needed, the meo test is not fulfilled. this implies that any public support cannot be considered incremental revenue, failing which the provision would be void of meaning. the commission will therefore not take into account the payments received from the state of carinthia, the city of klagenfurt and from k rnten werbung as incremental revenues. (c) the commission notes that austria included in its analysis as expected incremental costs only the payments specified in the first marketing agreement between lv and dmg (eur [ ] per year) as well as the payment specified in the third marketing agreement (side letter to the first marketing agreement) between lv and dmg (the one-off payment of eur [ ]). contrary to this, the commission will also take into account the payments specified in the second marketing agreement between dmg and ams (eur [ ] per year). austria did not include this payment, as it claims that this agreement was replaced by the third agreement and did not enter into force. the commission notes that austria did not submit any documents to prove this argument, it only declared the absence of any documents for payments in the accounting sheets of kfbg to demonstrate that no payment was carried out by kfbg under the second marketing agreement. even when assuming that austria correctly recalls these facts, the commission will nevertheless take the second marketing agreement into account in the analysis, as there is no reason why a reasonable meo could have expected or foreseen in february 2002 when signing that contract that this agreement would not be implemented and payments would not be made later on. a meo had to assess the agreements according to the situation prevailing at the time they were signed and, more specifically, under the information available and developments foreseeable at that time. the second marketing agreement therefore has to be taken into account in the ex ante analysis. (382) in view of these necessary amendments, the commission has carried out its own analysis by using directly the incremental profitability analysis as submitted by austria and amending this analysis only where necessary as summarised in table 10. table 10 incremental profitability of contracts with ryanair, lv and ams of 2002 as corrected by the commission contact period: 5 years capital interest rate: 8 % passenger incentive: 0,00 daily connections: 348 rotations per year lfz (b737-800): 189 seats mtow (b373-800): 75 mtow calculation model empirical values according to agreements rotation 348 348 348 348 348 load 70 % 70 % 70 % 70 % 70 % passenger departing 46 040 46 040 46 040 46 040 46 040 5 year period july 2002-june 2003 july 2003-june 2004 july 2004-june 2005 july 2005-july 2006 july 2006-june 2007 eur [ ] per rotation [ ] [ ] [ ] [ ] [ ] eur [ ] per departing passenger [ ] [ ] [ ] [ ] [ ] revenues aviation [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical per passenger [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical [ ] [ ] [ ] [ ] [ ] incremental revenues [ ] [ ] [ ] [ ] [ ] marketing agreement lv-dmg [ ] [ ] [ ] [ ] [ ] marketing agreement ams-dmg [ ] [ ] [ ] [ ] [ ] side letter lv-dmg [ ] 0 0 0 0 project costs marginal costs basis traffic handling third parties 51 % [ ] [ ] [ ] [ ] [ ] austro control aviation safety [ ] [ ] [ ] [ ] [ ] project costs (2002) flight dependent [ ] [ ] [ ] [ ] [ ] [ ] passenger dependent [ ] [ ] [ ] [ ] [ ] [ ] incremental costs [ ] [ ] [ ] [ ] [ ] incremental cash flows [ ] [ ] [ ] [ ] [ ] discount factor [ ] [ ] [ ] [ ] [ ] net present value [ ] [ ] [ ] [ ] [ ] [ ] 7.4.3.5. conclusion on economic advantage (383) as the expected discounted result is negative for the 2002 agreements with ryanair, lv and ams, the commission finds that kfbg/dmg did not act like a meo in concluding those agreements. the airport could not have expected to cover the incremental costs brought about by those agreements. as kfbg/dmg did not behave like a meo, its decision to conclude the agreements on those terms granted ryanair, lv and ams an economic advantage. austria's argument that kfbg organised tenders to conclude agreements for the respective routes does not exclude the presence of the advantage as concluded by the commission. a meo operating an airport can in principle organise an open tender to offer financial incentives to an airline in order to increase traffic. a open tender may indeed be a suitable manner to maximise the profits generated by such incentives. however, if none of the bids submitted following such a tender can be expected by the airport operator to contribute, from an ex ante standpoint, to the profitability of the airport, then the meo in question would not conclude any agreement even with the successful bidder, because it is not economically rational to conclude agreement reducing profits or increasing losses (63). if a public entity of a member state decides to provide support, for public policy reasons, to a certain activity and tenders out, for example, the amount of funding provided, the mere fact that a tender is organised does not rule out the presence of state aid, but may only minimise the amount of aid (64). 7.4.4. selectivity (384) the economic advantage was granted on a selective basis, as only one airline, namely ryanair, benefitted from it. (385) in this context, the argument advanced by austria that the discounts on airport charges granted to airlines flying from klagenfurt were not selective must be rejected. austria argued that the discounts were open to all airlines wishing to operate from klagenfurt, which allegedly rendered them non-selective. (386) the commission observes that the individual agreements concluded with ryanair diverges from the schedule of charges and from agreements with other airlines, thus containing individually-negotiated conditions. 7.4.5. distortion of competition and effect on trade (387) a measure granted by a state is considered to distort or to threaten to distort competition when it is liable to improve the competitive position of the recipient compared to other undertakings with which it competes. for all practical purposes, a distortion of competition is thus assumed as soon as a state grants a financial advantage to an undertaking in a liberalised sector where there is, or could be, competition. the case law of the european courts has established that any grant of aid to an undertaking exercising its activities in the internal market can be liable to affect trade between member states. (388) since the entry into force of the third package on the liberalisation of air transport on 1 january 1993 (65), air carriers can freely operate flights on intra-european connections. as the court of justice has observed, where an undertaking operates in a sector in which [ ] producers from various member states compete, any aid which it may receive from the public authorities is liable to affect trade between the member states and impair competition, inasmuch as its continuing presence on the market prevents competitors from increasing their market share and reduces their chances of increasing exports. (66). (389) the commission has found that kfbg/dmg granted a selective advantage to ryanair, lv and ams. ryanair with its subsidiaries is active on a competitive, union-wide market and the advantage these undertakings received was liable to improve their competitive position on that market. in this light, the commission finds that the advantage granted to ryanair, lv and ams is liable to distort competition and affect trade between member states. 7.4.6. conclusion (390) for the foregoing reasons, the commission finds that ryanair, lv and ams have received state aid, amounting to eur [ ] in net present value terms. 7.5. the 2006 agreements with ryanair and ams 7.5.1. economic activity and notion of undertaking (391) ryanair provides air transport services. ams provides marketing services. providing such services is an economic activity. ryanair and ams are therefore undertakings within the meaning of article 107(1) tfeu. 7.5.2. state resources and imputability to the state (392) in order to constitute state aid, the measures in question have to be financed from state resources and the decision to grant the measure must be imputable to the state. for the criteria used to assess the existence of state resources and imputability to the state reference is made to recitals 224 to 232. (393) the commission notes that kfbg/dmg are owned 100 % by the state. until 2003 the shares of kfbg/dmg were held by the republic of austria (60 %), the state of carinthia (20 %) and klagenfurt city (20 %). in april 2003 the state of carinthia took over the shares of the republic of austria. since 2003 the shares were therefore held by the state of carinthia (80 %) and klagenfurt city (20 %). kfbg/dmg must thus be considered public undertakings within the meaning of article 2 (b) of directive 2006/111/ec whose funds are state resources. (394) the 2006 agreements with ryanair, ams and lv are also imputable to the state. for the general involvement of the state of carinthia in the activities of the airport, in particular the conclusion of the marketing agreement with the airlines, see above reference (314) et seq. (395) further, the republic of austria explicitly confirmed this involvement also with reference to the 2006 agreements with ryanair and ams. (396) in the light of these considerations, the commission considers that there are sufficient indicators to find that the conclusion of the 2006 agreements between kfbg/dmg and ryanair/ams are imputable to the state. 7.5.3. economic advantage 7.5.3.1. market economy operator principle (397) regarding the current lack of comparable airports and agreements and the ex ante analysis of incremental profitability of the 2006 agreements reference is made to the assessment under recitals 261 to 278. (398) regarding the comparison of klu with other airports, ryanair submitted the oxera study of 4 july 2011. this study was limited to a comparison between charges paid by ryanair at [ ] and [ ] and airports, and the charges paid by ryanair under the airport services agreements at klu. that study made no attempt to factor in the specific marketing services agreements at klu in comparison to those possibly offered in other airports. however, for each route covered by the agreements at issue the relevant marketing services agreement had to be assessed jointly with the corresponding airport services agreement. as such, the elements invoked in the oxery study of 4 july 2011 did not fulfil the most basic requirement for benchmarking, namely a sufficiently precise definition of the economic activities concerned so that comparable market operators could be identified. (399) in addition, the oxera study of 4 july 2011 did not establish a dependable point of reference for market prices of airport services. although the study describes the chosen comparator airports as majority privately owned and funded, or otherwise operating as market economy investors, [ ] airport is owned by manchester airports group, which itself has majority state ownership, while the oxera study of 4 july 2011 does not claim that [ ] airport is operated on a market economy basis. as for [ ] airport, the study states that the airport has consistently been privately owned, but omits to mention that [ ] airport was loss-making before it was sold in 2013, a factor which would call into question whether the low airport charges invoked as a point of reference in this case were sustainable for a meo. 7.5.3.2. market economy operator principle regarding an analysis of the marketing services agreements and the airport services agreement together (400) the commission considers that in applying the meo test, the airport services agreement concluded between ryanair and kfbg, on the one hand, and the marketing services agreement between dmg and ams, on the other hand, must be evaluated together as one single measure. (401) indeed, as for the 2002 agreements, there are several indications pointing towards the fact that the 2006 agreements should be evaluated as one single measure since they were entered into within the framework of a single transaction. (402) first, according to the marketing agreement, this agreement is rooted in ryanair's commitment to operate on a route between stn and klu[ ]. this statement refers to the airport services agreement between ryanair and kfbg and demonstrates yet again that the marketing services agreement and the airport services agreement are inseparably linked. (403) second, the contracts were entered into by essentially the same parties. the commission refers to recital 326 regarding the subsidiary ams of ryanair and regarding the subsidiary dmg of kfbg. (404) third, according to both agreements they both lasted until 21 april 2007, i.e. they were in force for an identical period of time. this contemporaneous expiry of both agreements after the same period of time also shows that both agreements are linked and depended on each other. (405) in conclusion, the marketing services agreement concluded by dmg and ams is thus indivisibly linked to the airport services agreement signed by ryanair and kfbg. the above considerations demonstrate that without the airport services agreement, the marketing services agreement would not have been concluded. indeed, the marketing services agreement states explicitly that it is based on a 3-a-week-service between stn and klu, and essentially envisages marketing services using the travel website www.ryanair.com aimed at promoting that service between stn and klu. (406) for those reasons, the commission considers it appropriate to analyse the airport services agreement of 23 august 2006 and the marketing services agreement of 21 december 2006 jointly, with a view to determining whether they constitute state aid. (407) austria has agreed in its comments to the extension decision with the approach taken in the extension decision to analyse together the airport services agreement and marketing services agreement signed at the same time. (408) on the other hand, certain interested parties, particularly ryanair and ams, question this approach as they consider that the marketing services agreement should be analysed separately. in its comments to the extension decision ryanair objected to the joint assessment of the airport services agreements and the marketing services agreements (referring also to previous submissions on that subject) (67) as they were signed by different entities and were not linked with each other. ryanair claimed that the conclusion of a marketing agreement was not a condition for the operation of routes by ryanair to and from an airport. (409) the facts however confirm that the approach taken in the extension decision and approved by austria, is well-founded as it has been demonstrated in recitals 324-333. therefore the airport service agreement and the marketing services agreement should be assessed jointly. 7.5.3.3. time frame for the assessment of incremental costs and revenues (410) a meo will assess the incremental costs and revenues for the term of application of the agreements. this time frame seems realistic for the same reasons as set out in the recitals 368-369 above. (411) as a time frame for an assessment of the agreements in question a meo would have chosen as a starting point the date of the signature of the marketing agreement on 21 december 2006, which complemented the airport service agreement. both agreements ended on 21 april 2007. (412) the possibility to extend the agreements as foreseen in two of the agreements would not be taken into consideration by a prudent meo. on the date of signature a prudent meo would not have sufficient indications to rely on the agreements of a low-cost airline being renewed. the end date for the assessment would therefore be the 21 april 2007. 7.5.3.4. assessment (413) regarding the assessment of the agreements in question reference is made to the findings in recitals 373 to 377. (414) upon the commission's request, austria prepared an overview of the incremental costs and revenues that could have been expected at the time the relevant agreements were concluded. austria prepared that data for each of the agreements concluded, as summarised in table 11. table 11 incremental profitability of contracts with ryanair and ams of 2006 prepared by austria 4 months capital interest rate: 8 % passenger-incentive: 7,62 3 x weekly connection 54 lfz (b737-800): 189 mtow (b737-800): 67 calculation empirical values according to agreements rotation 54 load: 85 % departing passengers 8 675 pass. inc. incentives 7,62 4 months 1 landing fee [ ] ramp handling [ ] traffic handling [ ] infra air [ ] infra land [ ] pax tariff [ ] incentive [ ] total revenues [ ] surplus non-aeronautical per passenger [ ] surplus non-aeronautical [ ] surplus project [ ] ams marketing contributions [ ] (agreement 21 december 2006) project costs marginal costs basis traffic handling third parties 51 % [ ] security fee eur 8 [ ] project costs according to bab 2005 flight dependent [ ] [ ] passenger dependent [ ] [ ] project costs/expenses [ ] missing amount [ ] fees according to agreement landing fee [ ] per turnaround ramp handling [ ] per turnaround traffic handling [ ] per turnaround infra air [ ] per turnaround infra land [ ] per departing passenger pax tariff [ ] per departing passenger slot coordination [ ] per turnaround security fee [ ] per departing passenger passenger-incentive [ ] per departing passenger acg-fee [ ] per turnaround (415) in preparing table 11, austria took the following considerations into account: (a) the expected incremental traffic, i.e. the expected incremental passenger numbers were calculated from the envisaged number of flights per week (54 rotations during the foreseen period with 189 seats, a maximum take-off weight of 67 tonnes and a load factor of 85 %) and extrapolated for the duration of the airport services agreement with ryanair. as a result austria indicated 8 675 passengers for the foreseen period. (b) the expected incremental aeronautical revenues (handling and landing charges on the basis of the airport charges at the time) were calculated over the duration of the 4 months of the airport services agreement on the basis of the conditions agreed on with ryanair. as incremental revenues austria indicated eur [ ] in total for the 4 months. (c) austria indicated that the total aeronautical revenue of eur [ ] included a reduction due to the application of the incentive scheme for airlines of kfbg which was in force since 1 september 2005. the scheme had the objective to strengthen and secure existing flight connections by means of a passenger incentive. the application of this incentive lead to a reduction of eur [ ]. (d) the expected incremental non-aeronautical revenues (parking charges, spending in the terminals, etc.) were calculated over the duration of 4 months of the airport services agreement. austria estimated eur [ ] per departing passenger in its analysis, calculating this amount from the average non-aeronautical revenue per passenger over the period of the years 2001-2005. as a result austria indicated eur [ ] for the period of 4 months. (e) as expected incremental costs, i.e. as costs arising because of the transaction with ryanair and ams that would not materialise in the counterfactual scenario austria indicated the following payments: payments specified in the marketing agreement between ams and dmg (eur [ ] per year). payments to a third party (tyrolean airways) as a subagent for the provision of ground handling services as described in recital 379 point (e). austria indicated payments of eur [ ] per year. payments for security purposes to the respective austrian public authorities: the security fee of eur [ ] per year was taken into account, as it was stipulated in the agreement between kfbg and ryanair that kfbg had to pay this fee. incremental operating costs from the expected incremental traffic over the duration of the agreement: eur [ ] per additional rotation and per tonne of mtow and eur [ ] per additional departing passenger. austria declared that these two values are the best estimates for these values that could be established for an ex ante estimation of a meo at the moment of the signature of the agreements. these values are derived from the cost accounting system in place since 2005 (bab 2005) which comprised the cost factors of landing tariff, passenger tariff and ramp handling fee. the cost accounting system bab 2005 showed in detail the different primary costs, secondary costs and overhead costs that added up to the total costs. austria explained in details the procedural method how kfbg derived the incremental costs from certain positions of the primary costs. (f) austria declared that kfbg did not expect in december 2006 any incremental investment costs due to the additional traffic. klu had at that time considerable spare capacity and the additional traffic was supposed to fill these capacities. the terminal of klu had a total capacity of 600 000 passengers per year and at the end of 2006 around 409 000 passengers used klu. the expected incremental traffic of 23 000 passengers would therefore not require any investments as the existing terminal could accommodate the incremental traffic. (g) the discount rate used by kfbg was based on the discount rate of 8 %, which was the discount rate used and published by the airport of vienna. (416) having analysed the information provided by austria, the commission finds that the approach taken by austria in estimating the passenger numbers and calculating on that basis the expected incremental aeronautical revenues, is sound. the same holds true with respect to the expected incremental aeronautical revenues, the reduction due to the incentive scheme, the expected incremental non-aeronautical revenues, incremental costs of the ground handling services by a third party and the costs for payments for austro control. also the estimation of the incremental operating costs per rotation and per passenger as well as the discount rate of 8 % is estimated with a sound approach. according to the data available for the expected incremental traffic the statement of austria regarding incremental investment costs seems also reasonable. 7.5.3.5. conclusion on economic advantage (417) as the expected discounted result is negative for the agreements of 2006 with ryanair and ams, the commission finds that kfbg/dmg did not act like a meo in concluding those agreements. the airport could not have expected to cover the incremental costs brought about by those agreements. as kfbg/dmg thus did not behave like a meo, its decision to conclude the agreements on those terms granted ryanair and ams an economic advantage. (418) this result for the 2006 agreements does not contradict the fact that the 2005 incentive scheme (which was applied in the 2006 agreements) as such did not involve an economic advantage as explained in recitals 261-288. the 2006 agreements consist in the application of that scheme in combination with a marketing agreement. the 2006 agreements thus deviate from the normal application of the 2005 incentive scheme. it is the amount of that deviation that represents the economic advantage for the 2006 agreements. 7.5.4. selectivity (419) the economic advantage was granted on a selective basis, as only one airline, namely ryanair, benefitted from it. in this context, the commission also notes that the 2006 agreements with ryanair were diverging from the schedule of charges as well as from agreements with other airlines. 7.5.5. distortion of competition and effect on trade (420) the commission finds that the advantage granted to ryanair and ams is liable to distort competition and affect trade between member states for the reasons stated in recitals 387-389 above. 7.5.6. conclusion (421) for the foregoing reasons, the commission finds that ryanair and ams have received state aid, amounting to eur 141 326. 7.6. the 2003 agreement with hlx 7.6.1. economic activity and notion of undertaking (422) hlx, by providing air transport services, performs an economic activity and therefore constitutes an undertaking within the meaning of article 107(1) tfeu. 7.6.2. state resources and imputability to the state (423) in order to constitute state aid, the measures in question have to be financed from state resources and the decision to grant the measure must be imputable to the state. for the criteria used to assess the existence of state resources and imputability to the state reference is made to recitals 224 to 232. (424) the commission notes that kfbg/dmg are owned 100 % by the state. until 2003 the shares of kfbg/dmg were held by the republic of austria (60 %), the state of carinthia (20 %) and klagenfurt city (20 %). in april 2003 the state of carinthia took over the shares of the republic of austria. since 2003 the shares were therefore held by the state of carinthia (80 %) and klagenfurt city (20 %). kfbg/dmg must thus be considered public undertakings within the meaning of article 2 (b) of directive 2006/111/ec whose funds are state resources. (425) the 2003 agreement with hlx is also imputable to the state for the same reasons as explained above in recital 314. austria also explicitly confirmed the active involvement of the state of carinthia and the city of klagenfurt in the conclusion of the 2003 agreements with hlx. (426) further, the costs of the 2003 agreements were borne by the state of carinthia and the city of klagenfurt (see section 7.1) which the commission considers a further strong indication of imputability as explained above in recital 314. (427) the commission therefore considers that the conclusion of the 2003 agreement between kfbg/dmg and hlx is imputable to the state. 7.6.3. economic advantage 7.6.3.1. market economy operator principle (428) regarding the current lack of comparable airports and agreements and the ex ante analysis of incremental profitability of the 2006 agreements reference is made to the assessment under recitals 261 to 278. 7.6.3.2. time frame for the assessment of incremental costs and revenues (429) a meo will assess the incremental costs and revenues for the term of application of the agreements. this time frame seems realistic for the same reasons as set out in the recitals 368 to 369 above. (430) as a time frame for an assessment of the agreement in question a meo would have chosen as a starting point the starting date of cooperation and the operation of the air transport services by hlx, i.e. the 30 august 2003. indeed, even if the contract was formally signed later, available information suggests that the content of the agreement was effectively agreed by the parties before that date, at which air transport operations were launched under the agreement. the agreement ended on 31 march 2008. (431) the possibility to extend the agreement would not be taken into consideration by a prudent meo. on the date of conclusion of such an agreement a prudent meo would not have sufficient indications to rely on the agreements of a low-cost airline being renewed. the end date for the assessment would therefore be the 31 march 2008. 7.6.3.3. assessment (432) regarding the assessment of the agreements in question reference is made to the findings in recitals 373 to 377. (433) upon the commission's request, austria prepared an overview of the incremental costs and revenues that could have been expected at the time the relevant agreement was concluded as summarised in table 12. table 12 incremental profitability of contract with hlx of 2003 as prepared by austria 4 years and 7 months capital interest rate: 8 % passenger-incentive: 0,00 lfz (b737-700): 148 seats mtow (b737-700): 68 mtow calculation model empirical values according to agreements rotations: 770 996 996 996 655 load: 70 % 70 % 70 % 70 % 70 % departing passengers: 79 772 103 186 103 186 103 186 67 858 pass. inc. pass. inc. pass. inc. pass. inc. pass. inc. incentives: 0 0 0 0 0 period 4 years and 7 months 1 2 3 4 5 project total landing fee [ ] [ ] [ ] [ ] [ ] ramp handling [ ] [ ] [ ] [ ] [ ] traffic handling [ ] [ ] [ ] [ ] [ ] infra air [ ] [ ] [ ] [ ] [ ] infra land [ ] [ ] [ ] [ ] [ ] pax tariff [ ] [ ] [ ] [ ] [ ] incentive [ ] [ ] [ ] [ ] [ ] revenues aviation [ ] [ ] [ ] [ ] [ ] [ ] airline contribution [ ] no approach because of gross value method cost contribution as represented by non-covered costs cost contribution state carinthia [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical per passenger [ ] [ ] [ ] [ ] [ ] revenues non-aeronautical [ ] [ ] [ ] [ ] [ ] [ ] project revenues [ ] [ ] [ ] [ ] [ ] marketing volume according to cooperation agreement [ ] [ ] [ ] [ ] [ ] [ ] corrected as presented under project costs [ ] [ ] [ ] [ ] [ ] corrected as presented under project costs [ ] [ ] [ ] [ ] [ ] project cost on marginal costs basis traffic handling third parties 51 % [ ] [ ] [ ] [ ] [ ] [ ] (austro control aviation safety) [ ] [ ] [ ] [ ] [ ] [ ] (security fee) [ ] [ ] [ ] [ ] [ ] [ ] project costs approach according to bab 2002 flight dependent [ ] [ ] [ ] [ ] [ ] [ ] [ ] passenger dependent [ ] [ ] [ ] [ ] [ ] [ ] [ ] sum project costs [ ] total costs [ ] [ ] [ ] [ ] [ ] [ ] surplus [ ] [ ] [ ] [ ] [ ] [ ] discount factor [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] the cost-benefit analysis shows a discounted positive result of eur [ ] (434) in preparing table 12, austria took the following considerations into account: (a) the expected incremental traffic, i.e. the expected incremental passenger numbers were calculated from the envisaged number of rotations per year (996 rotations during the foreseen period per year, with the exception of 770 rotations in the first year and 655 rotations in the last year) with 148 seats, a maximum take-off weight of 68 tonnes and a load factor of 70 %) and extrapolated for the duration of the airport services agreement with hlx. (b) the expected incremental aeronautical revenues (handling and landing charges on the basis of the airport charges at the time) were calculated over the duration of the airport services agreement on the basis of the conditions agreed on with hlx. as incremental revenues austria indicated eur [ ] in total. (c) the expected incremental non-aeronautical revenues (parking charges, spending in the terminals, etc.) were calculated over the duration of the airport services agreement. austria estimated eur [ ] per departing passenger in its analysis. as a result austria indicated eur [ ] per year. (d) in addition austria included as incremental revenues the payments kfbg received from the state of carinthia (eur [ ] per year) in its analysis. (e) as expected incremental costs, i.e. as costs arising because of the transaction with hlx, that would not materialise in the counterfactual scenario austria indicated the following payments: payments for marketing services as specified in the marketing agreement between kfbg and hlx; eur [ ] in the first year; eur [ ] in the following years and eur [ ] in the last year. payments to a third party (tyrolean airways) as a subagent for the provision of ground handling services as described in recital 379 point (e). austria indicated payments of eur [ ] per year. payments for security purposes to the respective austrian public authorities: the security fee of eur [ ] per year was taken into account, as it was stipulated in the agreement between kfbg and hlx that kfbg had to pay this fee. similarly, the fee of eur [ ] per year for austro control was taken into account as kfbg had to pay this fee according to the agreement. incremental operating costs from the expected incremental traffic over the duration of the agreement: eur [ ] per additional rotation and per tonne of mtow and eur [ ] per additional departing passenger. austria declared that these two values are the best estimates for these values that could be established for an ex ante estimation of a meo at the moment of the signature of the agreements. these values are derived from the cost accounting system in place since 2002 (bab 2002) which comprised the cost factors of landing tariff, passenger tariff and ramp handling fee. the cost accounting system bab 2002 showed in detail the different primary costs, secondary costs and overhead costs that added up to the total costs. austria explained in details the procedural method how kfbg derived the incremental costs from certain positions of the primary costs. (f) austria declared that kfbg did not expect in august 2003 any incremental investment costs due to the additional traffic. klu had at that time considerable spare capacity and the additional traffic was supposed to fill these capacities. the terminal of klu had a total capacity of 600 000 passengers per year and at the end of 2002 around 220 000 passengers used klu. the expected incremental traffic of 103 000 passengers would therefore not require any investments as the existing terminal could accommodate the incremental traffic. (g) the discount rate used by kfbg was based on the discount rate of 8 %, which was the discount rate used and published by the airport of vienna, and commonly used by kfbg in its financial calculations. (435) the commission finds that the approach taken by austria in estimating the passenger numbers and calculating on that basis the expected incremental aeronautical revenues is sound. the same holds true with respect to the incremental costs of the ground handling services by a third party and the costs for payments for austro control. also the estimation of the incremental operating costs per rotation and per passenger as well as the discount rate of 8 % is estimated with a sound approach. according to the data available for the expected incremental traffic the statement of austria regarding incremental investment costs seems also reasonable. (436) having analysed the information provided by austria, the commission however disagrees in some of the points of the analysis and therefore will amend the analysis at the following points: (a) as expected incremental non-aeronautical revenues, austria estimated eur [ ] per departing passenger in its analysis, calculating this amount from the average non-aeronautical revenue per passenger over the period of the years 2000-2004. however, in an analysis for the 2003 agreement, august 2003, a reasonable meo would have used the average non-aeronautical revenue over the period 1999-2002, immediately preceding the entry into application of the agreement. from the information submitted by austria this average for the years 1999-2002 was indeed eur [ ]. the commission will therefore use the value of eur [ ] per departing passenger in this analysis. the new corrected result is therefore eur [ ] per year. (b) the commission disagrees with austria on the inclusion as incremental revenues of the payments kfbg received from the state of carinthia (eur [ ] per year) which were granted as operating support to finance the 2003 agreement with hlx (see section 7.1 above) for the same reasons as explained above (see recital 381). (437) the commission also corrected the amounts of marketing payments, as the indicated amounts did not correspond to the amounts stipulated in the agreement of 24 may 2004. the commission consequently used the exact amounts of marketing payments as indicated in the agreement. (438) in view of these necessary amendments, the commission has corrected the analysis where necessary as summarised in the following table 13. table 13 incremental profitability of contract with hlx of 2003 as prepared by austria and corrected by the commission contract period: 4 years and 7 months capital interest rate: 8 % passenger-incentive: 0,00 lfz (b737-700): 148 seats mtow (b737-700): 68 mtow calculation model empirical values according to agreements rotations: 770 996 996 996 581 load: 70 % 70 % 70 % 70 % 70 % departing passengers: 79 772 103 186 103 186 103 186 60 192 incentives already accounted for in airport charges: 0 0 0 0 0 period: 4 years and 7 months aug. 2003-aug. 2004 aug. 2004-aug. 2005 aug. 2005-aug. 2006 aug. 2006-aug. 2007 aug 2007-march 2008 project total landing fee [ ] [ ] [ ] [ ] [ ] ramp handling [ ] [ ] [ ] [ ] [ ] traffic handling [ ] [ ] [ ] [ ] [ ] infra air [ ] [ ] [ ] [ ] [ ] infra land [ ] [ ] [ ] [ ] [ ] pax tariff [ ] [ ] [ ] [ ] [ ] incentive 0 0 0 0 0 revenues aviation [ ] [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical per passenger [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical [ ] [ ] [ ] [ ] [ ] [ ] project revenues [ ] [ ] [ ] [ ] [ ] [ ] marketing payments according to cooperation agreement [ ] [ ] [ ] [ ] [ ] [ ] project cost on marginal costs basis traffic handling third parties 51 % [ ] [ ] [ ] [ ] [ ] [ ] (austro control aviation safety) [ ] [ ] [ ] [ ] [ ] [ ] (security fee) [ ] [ ] [ ] [ ] [ ] [ ] project costs approach according to bab 2002 flight dependent [ ] [ ] [ ] [ ] [ ] [ ] [ ] passenger dependent [ ] [ ] [ ] [ ] [ ] [ ] [ ] sum project costs [ ] total costs [ ] [ ] [ ] [ ] [ ] [ ] surplus [ ] [ ] [ ] [ ] [ ] [ ] discount factor [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] the cost-benefit analysis shows a discounted negative result of eur [ ] 7.6.3.4. conclusion on economic advantage (439) as the expected discounted result is negative for the agreement of 2003 with hlx, the commission finds that kfbg did not act like a meo in concluding this agreement. the airport could not have expected to cover the incremental costs brought about by this agreement. as kfbg thus did not behave like a meo, its decision to conclude the agreement on those terms granted hlx an economic advantage. 7.6.4. selectivity (440) the economic advantage was granted on a selective basis, as only one airline, namely hlx, benefitted from it. in this context, the commission also notes that the 2003 agreement with hlx diverged from the schedule of charges as well as from agreements with other airlines. 7.6.5. distortion of competition and effect on trade (441) the commission finds that the advantage granted to hlx is liable to distort competition and affect trade between member states for the reasons stated in recitals 387-389 above. 7.6.6. conclusion (442) for the foregoing reasons, the commission finds that hlx has received state aid, amounting to eur [ ] in net present value terms. 7.7. the 2008 agreement with tuifly 7.7.1. economic activity and notion of undertaking (443) tuifly, by providing air transport services, is performing an economic activity and therefore constitutes an undertaking within the meaning of article 107(1) tfeu. 7.7.2. state resources and imputability to the state (444) in order to constitute state aid, the measures in question have to be financed from state resources and the decision to grant the measure must be imputable to the state. for the criteria used to assess the existence of state resources and imputability to the state reference is made to recitals 224 to 232. (445) the commission notes that kfbg/dmg are owned 100 % by the state, namely 20 % by the city of klagenfurt and 80 % by klh. as described in recitals 24-26, klh was a legal person sui generis governed by public law. kfbg/dmg must thus be considered to constitute public undertakings within the meaning of article 2 (b) of directive 2006/111/ec. the commission considers that any advantage granted from kfbg/dmg's resources would signify a loss of state resources, thus constituting a transfer of state resources for the reasons set out in recital 313. (446) the 2008 agreement with tuifly is also imputable to the state. as described in recitals 228-232, the decisions of klh and the city of klagenfurt were imputable to the state. both shareholders of kfbg appointed the supervisory board of kfbg/dmg (which in turn appoint the board) with the result that the supervisory board (and board) of kfbg also represented the proportions of the political parties represented in the government of the state of carinthia. moreover, the supervisory board had to agree with any investment decision of the board above the amount of eur 50 000. according to 5 of the statutes of klh, klh was under a constant supervision by the government of the state of carinthia. the government of carinthia had to ensure that all decisions of klh were in the interest of the state of carinthia. (447) when concluding the agreement with tuifly, kfbg/dmg also actively represented the state of carinthia's interest in the existence and maintenance of a viable and performing airport at klagenfurt for the state of carinthia. (448) austria declared that the state of carinthia was involved in the decision to conclude the 2008 agreement with tuifly it was well informed about the agreement via the management and supervisory boards of klh, kfbg and dmg. the state of carinthia saw the conclusion of the agreement as being in the interest of carinthia. austria confirmed that the agreements concluded between kfbg/dmg and tuifly are imputable to the state of carinthia in the sense of the stardust marine (68) jurisprudence. (449) in the light of these considerations, the commission considers that there are sufficient indicators to find that the conclusion of the 2008 agreement between kfbg/dmg and tuifly is imputable to the state. 7.7.3. economic advantage 7.7.3.1. market economy operator principle (450) regarding the ex ante analysis of incremental profitability of the agreement with tuifly reference is made to the assessment under recitals 263-279. 7.7.3.2. time frame for the assessment of incremental costs and revenues (451) a meo will assess the incremental costs and revenues for the term of application of the agreements. this time frame seems realistic for the same reasons as set out in recitals 368-369 above. (452) as a time frame for an assessment of the agreement in question a meo would have chosen as a starting point the starting date of cooperation and the operation of the airport services, i.e. the 1 april 2008. the agreement ended on 31 march 2013. 7.7.3.3. assessment (453) regarding the assessment of the agreements in question reference is made to the findings in recitals 373 to 377. (454) upon the commission's request, austria prepared an overview of the incremental costs and revenues that could have been expected at the time the relevant agreement was concluded as summarised in table 14. table 14 incremental profitability of contract with tuifly of 2008 as prepared by austria 5 years capital interest rate: 8 % passenger-incentive: 0,00 lfz (b737-700): 148 seats mtow (b737-700): 68 mtow gross value presentation calculation model empirical values according to agreements rotations: 836 836 836 836 836 load: 70 % 70 % 70 % 70 % 70 % departing passengers: 86 610 86 610 86 610 86 610 86 610 pass. inc. pass. inc. pass. inc. pass. inc. pass. inc. incentives: 0 0 0 0 0 5-year period 1 2 3 4 5 project total landing fee [ ] [ ] [ ] [ ] [ ] ramp handling [ ] [ ] [ ] [ ] [ ] traffic handling [ ] [ ] [ ] [ ] [ ] infra air [ ] [ ] [ ] [ ] [ ] infra land [ ] [ ] [ ] [ ] [ ] pax tariff [ ] [ ] [ ] [ ] [ ] incentive [ ] [ ] [ ] [ ] [ ] security fee [ ] [ ] [ ] [ ] [ ] security fee [ ] [ ] [ ] [ ] [ ] slot coordination fee [ ] [ ] [ ] [ ] [ ] transfer to sca vienna [ ] [ ] [ ] [ ] [ ] seating fee per departing passenger [ ] [ ] [ ] [ ] [ ] [ ] transfer to subagents for passenger handling [ ] [ ] [ ] [ ] [ ] revenues according to fee regulation [ ] [ ] [ ] [ ] [ ] [ ] airline contribution no approach according to the gross value method cost contribution as represented by non-covered costs cost contribution land k rnten and k rntner landesholding [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical per passenger [ ] [ ] [ ] [ ] surplus non-aeronautical [ ] [ ] [ ] [ ] [ ] [ ] project revenues [ ] [ ] [ ] [ ] [ ] [ ] marketing volume according to cooperation agreement [ ] [ ] [ ] [ ] [ ] [ ] corrected as presented under project costs [ ] [ ] [ ] [ ] [ ] corrected as presented under project costs [ ] [ ] [ ] [ ] [ ] project cost on marginal costs basis traffic handling third parties 51 % [ ] [ ] [ ] [ ] [ ] [ ] (austro control aviation safety) [ ] [ ] [ ] [ ] [ ] [ ] security fee [ ] [ ] [ ] [ ] [ ] [ ] project costs according to bab 2007 flight dependent [ ] [ ] [ ] [ ] [ ] [ ] passenger dependent [ ] [ ] [ ] [ ] [ ] [ ] total costs [ ] [ ] [ ] [ ] [ ] [ ] total sum project costs/marginal costs [ ] [ ] [ ] [ ] [ ] [ ] surplus [ ] [ ] [ ] [ ] [ ] [ ] discount factor [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] the cost-benefit analysis shows a discounted positive result of eur [ ] (455) in preparing table 14, austria took the following considerations into account: (a) the expected incremental traffic, i.e. the expected incremental passenger numbers were calculated from the envisaged number of rotations per year (801 rotations during the foreseen period per year with 148 seats, a maximum take-off weight of 68 tonnes and a load factor of 70 %) and extrapolated for the duration of the airport services agreement with tuifly. (b) the expected incremental aeronautical revenues (handling and landing charges on the basis of the airport charges at the time) were calculated over the duration of the airport services agreement on the basis of the conditions agreed on with tuifly. as incremental revenues austria indicated eur [ ] in total. (c) the expected incremental non-aeronautical revenues (parking charges, spending in the terminals, etc.) were calculated over the duration of the airport services agreement. austria estimated eur [ ] per departing passenger in its analysis. as a result austria indicated eur [ ] per year. (d) in addition austria included as incremental revenues the payments kfbg received from the state of carinthia (eur [ ] per year) in its analysis. (e) as expected incremental costs, i.e. as costs arising because of the transaction with tuifly, that would not materialise in the counterfactual scenario austria indicated the following payments: payments for marketing services as specified in the marketing agreement between kfbg and tuifly, i.e. eur [ ] every year. payments to a third party (tyrolean airways) as a subagent for the provision of ground handling services as described in recital 379 point (e). austria indicated payments of eur [ ] per year. payments for security purposes to the respective austrian public authorities: the security fee of eur [ ] was taken into account, as it was stipulated in the agreement between kfbg and tuifly that kfbg had to pay this fee. the fee of eur [ ] per year for austro control was taken into account as kfbg had to pay this fee according to the agreement. incremental operating costs from the expected incremental traffic over the duration of the agreement: eur [ ] per additional rotation and per tonne of mtow and eur [ ] per additional departing passenger. austria declared that these two values are the best estimates for these values that could be established for an ex ante estimation of a meo at the moment of the signature of the agreements. these values are derived from the cost accounting system in place since 2007 (bab 2007) which comprised the cost factors of landing tariff, passenger tariff and ramp handling fee. the cost accounting system bab 2008 showed in detail the different primary costs, secondary costs and overhead costs that added up to the total costs. austria explained in details the procedural method how kfbg derived the incremental costs from certain positions of the primary costs. (f) austria declared that kfbg did not expect in april 2008 any incremental investment costs due to the additional traffic. klu had at that time considerable spare capacity and the additional traffic was supposed to fill these capacities. the terminal of klu had a total capacity of 600 000 passengers per year and at the end of 2007 around 210 000 passengers used klu. the expected incremental traffic of 83 000 passengers would therefore not require any investments as the existing terminal could accommodate the incremental traffic. (g) the discount rate used by kfbg was based on the discount rate of 8 %, which was the discount rate used and published by the airport of vienna, and commonly used by kfbg in its financial calculations. (456) the commission finds that the approach taken by austria in estimating the passenger numbers and calculating on that basis the expected incremental aeronautical revenues, is sound. the same holds true with respect to the incremental costs of the ground handling services by a third party and the costs for payments for austro control. also the estimation of the incremental operating costs per rotation and per passenger as well as the discount rate of 8 % is estimated with a sound approach. according to the data available for the expected incremental traffic the statement of austria regarding incremental investment costs seems also reasonable. (457) having analysed the information provided by austria, the commission however disagrees in some of the points of the analysis and therefore will amend the analysis at the following points: (a) as expected incremental non-aeronautical austria estimated eur [ ] per departing passenger in its analysis, calculating this amount from the average non-aeronautical revenue per passenger over the period of the years 2000-2004. however, in an analysis for the 2008 agreement, done in april 2008, a reasonable meo would have used the average non-aeronautical revenue rather over the period 2003-2007, immediately preceding the conclusion of the agreement. from the information submitted by austria this average for the years 2003-2007 was indeed eur [ ]. the commission will therefore use the value of eur [ ] per departing passenger in this analysis. the new corrected result is therefore eur [ ] per year. (b) the commission disagrees with austria to include as incremental revenues the payments kfbg received from the state of carinthia (eur [ ] per year) in its analysis for the reasons set out in recital 381. (458) the commission also corrected the amounts of marketing payments, as the indicated amounts did not correspond with the amounts stipulated in the agreement of 1 april 2008. the commission consequently used the exact amounts of marketing payments as indicated in the agreement. (459) in view of these necessary amendments, the commission has corrected the analysis where necessary as summarised in the following table 15. table 15 incremental profitability of contract with tuifly of 2008 as prepared by austria and corrected by the commission contract period: 5 years capital interest rate: 8 % passenger-incentive: 0,00 lfz (b737-700): 148 seats mtow (b737-700): 68 mtow gross value presentation calculation model empirical values according to agreements rotations: 836 836 836 836 836 load: 70 % 70 % 70 % 70 % 70 % departing passengers: 86 610 86 610 86 610 86 610 86 610 incentives: 0 0 0 0 0 period: 5 years 1 2 3 4 5 project total april 2008-march 2009 april 2009-march 2010 april 2010-march 2011 april 2011-march 2012 april 2012-march 2013 landing fee [ ] [ ] [ ] [ ] [ ] ramp handling [ ] [ ] [ ] [ ] [ ] traffic handling [ ] [ ] [ ] [ ] [ ] infra air [ ] [ ] [ ] [ ] [ ] infra land [ ] [ ] [ ] [ ] [ ] pax tarif [ ] [ ] [ ] [ ] [ ] incentive [ ] [ ] [ ] [ ] [ ] sec. fee [ ] [ ] [ ] [ ] [ ] sec. fee (vienna tax administration) [ ] [ ] [ ] [ ] [ ] slot coordination fee [ ] [ ] [ ] [ ] [ ] transfer to sca vienna [ ] [ ] [ ] [ ] [ ] seating fee per departing passenger [ ] [ ] [ ] [ ] [ ] [ ] transfer to subagents for passenger handling [ ] [ ] [ ] [ ] [ ] revenues according to fee regulation [ ] [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical per passenger [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical [ ] [ ] [ ] [ ] [ ] [ ] project revenues [ ] [ ] [ ] [ ] [ ] [ ] marketing payments according to cooperation agreement [ ] [ ] [ ] [ ] [ ] [ ] project cost on marginal costs basis traffic handling third parties 51 % [ ] [ ] [ ] [ ] [ ] [ ] austro control aviation safety [ ] [ ] [ ] [ ] [ ] [ ] security fee [ ] [ ] [ ] [ ] [ ] [ ] project costs approach according to bab 2002 flight dependent [ ] [ ] [ ] [ ] [ ] [ ] passenger dependent [ ] [ ] [ ] [ ] [ ] [ ] sum project costs/marginal costs [ ] [ ] [ ] [ ] [ ] [ ] total costs [ ] [ ] [ ] [ ] [ ] [ ] surplus [ ] [ ] [ ] [ ] [ ] [ ] discount factor [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] the cost-benefit analysis shows a discounted positive result of eur [ ] 7.7.3.4. conclusion on economic advantage (460) as the expected discounted result is negative for the agreement of 2008 with tuifly, the commission finds that kfbg did not act like a meo in concluding this agreement. the airport could not have expected to cover the incremental costs brought about by this agreement. as kfbg thus did not behave like a meo, its decision to conclude the agreement on those terms granted tuifly an economic advantage. 7.7.4. selectivity (461) the economic advantage was granted on a selective basis, as only one airline, namely tuifly, benefitted from it. in this context, the commission also notes that the 2008 agreement with tuifly diverged from the schedule of charges as well as from agreements with other airlines. 7.7.5. distortion of competition and effect on trade (462) the commission finds that the advantage granted to tuifly is liable to distort competition and affect trade between member states for the reasons stated in recitals 387-389 above. 7.7.6. conclusion (463) for the foregoing reasons, the commission finds that tuifly has received state aid, amounting to eur [ ] in net present value terms. 7.8. the 2009 agreement with air berlin 7.8.1. economic advantage 7.8.1.1. market economy operator principle (464) regarding the ex ante analysis of incremental profitability of the agreement with air berlin reference is made to the assessment under recitals 263-279. 7.8.1.2. time frame for the assessment of incremental costs and revenues (465) a meo will assess the incremental costs and revenues for the term of application of the agreements. this time frame seems realistic for the same reasons as set out in the recitals 368-369 above. (466) as a time frame for an assessment of the agreement in question a meo would have chosen as a starting point the starting date of cooperation and the operation of the airport services, i.e. 25 october 2009. the agreement ended on 31 march 2013. (467) regarding the possibility to extend the agreements, this possibility of prolongation of the agreement as foreseen in the agreement would not be taken into consideration by a prudent meo. on the date of conclusion of such an agreement a prudent meo would not have sufficient indications to rely on the agreements of a low-cost airline being renewed. the end date for the assessment would therefore be 31 march 2013. 7.8.1.3. assessment (468) regarding the assessment of the agreements in question reference is made to the findings in recitals 373-377. (469) upon the commission's request, austria prepared an overview of the incremental costs and revenues that could have been expected at the time the relevant agreement was concluded as summarised in table 16. table 16 incremental profitability of contract with air berlin of 2009 as prepared by austria 3 years 4 months capital interest rate: 8 % passenger-incentive: 0,00 lfz (b737-700): 148 seats mtow (b737-700): 68 mtow gross value presentation calculation model empirical values according to agreements rotations: 801 801 801 333 0 load: 70 % 70 % 70 % 70 % 70 % departing passengers: 82 984 82 984 82 984 34 499 0 1 2 3 4 5 project total landing fee [ ] [ ] [ ] [ ] 0 ramp handling [ ] [ ] [ ] [ ] 0 traffic handling [ ] [ ] [ ] [ ] 0 infra air [ ] [ ] [ ] [ ] 0 infra land [ ] [ ] [ ] [ ] 0 pax tariff [ ] [ ] [ ] [ ] 0 incentive [ ] [ ] [ ] [ ] 0 security fee [ ] [ ] [ ] [ ] 0 security fee (vienna tax administration) [ ] [ ] [ ] [ ] 0 slot coordination fee [ ] [ ] [ ] [ ] [ ] 0 transfer to sca vienna [ ] [ ] [ ] [ ] 0 revenues according to fee regulation [ ] [ ] [ ] [ ] 0 [ ] turnaround cleaning [ ] [ ] [ ] [ ] [ ] airline contribution no approach according to the gross value method cost contribution as represented by non-covered costs cost contribution land k rnten and k rntner landesholding [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical per passenger [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical [ ] [ ] [ ] [ ] [ ] [ ] project revenues [ ] [ ] [ ] [ ] [ ] [ ] marketing volume according to cooperation agreement [ ] [ ] [ ] [ ] [ ] [ ] corrected as presented under project costs [ ] [ ] [ ] [ ] [ ] corrected as presented under project costs [ ] [ ] [ ] [ ] [ ] project cost on marginal costs basis traffic handling third parties 51 % [ ] [ ] [ ] [ ] [ ] [ ] austro control [ ] [ ] [ ] [ ] [ ] [ ] [ ] security fee (completely paid by airline) [ ] [ ] [ ] [ ] [ ] [ ] project costs approach according to bab 2002 flight dependent [ ] [ ] [ ] [ ] [ ] 0 passenger dependent [ ] [ ] [ ] [ ] [ ] 0 sum project costs/marginal costs [ ] [ ] [ ] [ ] [ ] [ ] total costs [ ] [ ] [ ] [ ] [ ] [ ] surplus [ ] [ ] [ ] [ ] [ ] [ ] discount factor [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] the cost-benefit analysis shows a discounted positive result of eur [ ] (470) in preparing table 16, austria took the following considerations into account: (a) the expected incremental traffic, i.e. the expected incremental passenger numbers were calculated from the envisaged number of rotations per year (801 rotations during the foreseen period per year with 148 seats, a maximum take-off weight of 64 tonnes and a load factor of 70 %) and extrapolated for the duration of the airport services agreement with air berlin. as a result austria indicated 82 984 passengers per year for the foreseen period. (b) the expected incremental aeronautical revenues (handling and landing charges on the basis of the airport charges at the time) were calculated over the duration of the airport services agreement on the basis of the conditions agreed on with air berlin. as incremental revenues austria indicated eur [ ] in total. (c) the expected incremental non-aeronautical revenues (parking charges, spending in the terminals, etc.) were calculated over the duration of the airport services agreement. austria estimated eur [ ] per departing passenger in its analysis. as a result austria indicated eur [ ] per year. (d) in addition austria included as incremental revenues the payments kfbg received from the state of carinthia (eur [ ] per year) in its analysis. (e) as expected incremental costs, i.e. as costs arising because of the transaction with air berlin, that would not materialise in the counterfactual scenario austria indicated the following payments: payments for marketing services as specified in the marketing agreement between kfbg and air berlin, i.e. eur [ ] every year. payments to a third party (tyrolean airways) as a subagent for the provision of ground handling services as described in recital 379 point (e). austria indicated payments of eur [ ] per year. the payments for security purposes to the respective austrian public authorities were paid entirely by air berlin and therefore not listed as incremental costs for the airport operator. incremental operating costs from the expected incremental traffic over the duration of the agreement: eur [ ] per additional rotation and per tonne of mtow and eur [ ] per additional departing passenger. austria declared that these two values are the best estimates for these values that could be established for an ex ante estimation of a meo at the moment of the signature of the agreements. these values are derived from the cost accounting system in place since 2008 (bab 2008) which comprised the cost factors of landing tariff, passenger tariff and ramp handling fee. the cost accounting system bab 2008 showed in detail the different primary costs, secondary costs and overhead costs that added up to the total costs. austria explained in details the procedural method how kfbg/dmg derived the incremental costs from certain positions of the primary costs. (f) austria declared that kfbg did not expect in october 2009 any incremental investment costs due to the additional traffic. klu had at that time considerable spare capacity and the additional traffic was supposed to fill these capacities. the terminal of klu had a total capacity of 600 000 passengers per year and at the end of 2008 around 180 000 passengers used klu. the expected incremental traffic of 83 000 passengers would therefore not require any investments as the existing terminal could accommodate the incremental traffic. (g) the discount rate used by kfbg/dmg was based on the discount rate of 8 %, which was the discount rate used and published by the airport of vienna. this is the discount rate commonly used by kfbg in its financial calculations. (471) the commission finds that the approach taken by austria in estimating the passenger numbers and calculating on that basis the expected incremental aeronautical revenues is sound. the same holds true with respect to the incremental costs of the ground handling services by a third party and the costs for payments for austro control. also the estimation of the incremental operating costs per rotation and per passenger as well as the discount rate of 8 % is estimated with a sound approach. according to the data available for the expected incremental traffic the statement of austria regarding incremental investment costs seems also reasonable. (472) having analysed the information provided by austria, the commission however disagrees in some of the points of the analysis and therefore will amend the analysis at the following points: (a) as expected incremental non-aeronautical austria estimated eur [ ] per departing passenger in its analysis, calculating this amount from the average non-aeronautical revenue per passenger over the period of the years 2000-2004. however, in an analysis for the 2009 agreement, done in october 2009, a reasonable meo would have used the average non-aeronautical revenue rather over the period of the years 2004-2008. from the information submitted by austria this average for the years 2004-2008 was indeed eur [ ]. the commission will therefore use the value of eur [ ] per departing passenger in this analysis. the new corrected result is therefore eur [ ] per year. (b) the commission disagrees with austria to include as incremental revenues the payments kfbg received from the state of carinthia (eur [ ] per year) in its analysis for the reasons set out in recital 381. (c) the commission also corrected the amounts of marketing payments, as the indicated amounts did not correspond with the amounts stipulated in the agreement of 25 october 2010. the commission consequently used the exact amounts of marketing payments as indicated in the agreement. (473) in view of these necessary amendments, the commission has corrected the analysis where necessary as summarised in the following table 17. table 17 incremental profitability of contract with air berlin of 2009 as prepared by austria and corrected by the commission contract period: 3 years 5 months capital interest rate: 8 % passenger-incentive: 0,00 lfz (b737): 148 seats mtow (b737): 68 mtow gross value presentation calculation model empirical values according to agreements rotations: 801 801 801 333 0 load: 70 % 70 % 70 % 70 % 70 % departing passengers: 82 984 82 984 82 984 34 499 0 1 2 3 4 5 project total landing fee [ ] [ ] [ ] [ ] [ ] ramp handling [ ] [ ] [ ] [ ] [ ] traffic handling [ ] [ ] [ ] [ ] [ ] infra air [ ] [ ] [ ] [ ] [ ] infra land [ ] [ ] [ ] [ ] [ ] pax tariff [ ] [ ] [ ] [ ] [ ] incentive [ ] [ ] [ ] [ ] [ ] security fee [ ] [ ] [ ] [ ] [ ] sec. fee (vienna tax administration) [ ] [ ] [ ] [ ] [ ] slot coordination fee [ ] [ ] [ ] [ ] [ ] [ ] transfer to sca vienna [ ] [ ] [ ] [ ] [ ] revenues according to fee regulation [ ] [ ] [ ] [ ] [ ] [ ] turnaround cleaning [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical per passenger [ ] [ ] [ ] [ ] [ ] surplus non-aeronautical [ ] [ ] [ ] [ ] [ ] [ ] project revenues [ ] [ ] [ ] [ ] [ ] [ ] marketing volume according to cooperation agreement [ ] [ ] [ ] [ ] [ ] [ ] project cost on marginal costs basis traffic handling third parties 51 % [ ] [ ] [ ] [ ] [ ] [ ] austro control [ ] [ ] [ ] [ ] [ ] [ ] [ ] security fee (completely paid by airline) [ ] [ ] [ ] [ ] [ ] [ ] project costs approach according to bab 2002 flight dependent [ ] [ ] [ ] [ ] [ ] [ ] passenger dependent [ ] [ ] [ ] [ ] [ ] [ ] sum project costs/marginal costs [ ] [ ] [ ] [ ] [ ] [ ] total costs [ ] [ ] [ ] [ ] [ ] [ ] surplus [ ] [ ] [ ] [ ] [ ] [ ] discount factor [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] the cost-benefit analysis shows a discounted positive result of eur [ ] 7.8.1.4. conclusion on economic advantage (474) as the expected discounted result is positive for the agreement of 2009 with air berlin, the commission finds that kfbg/dmg acted like a meo in concluding this agreement. the airport could expect to cover the incremental costs brought about by this agreement. as kfbg/dmg thus behaved like a meo, its decision to conclude the agreement on those terms granted air berlin no economic advantage. moreover, there are indications that in 2009, kfbg was engaged in a strategy and long-term effort towards overall profitability of klu. 7.8.2. conclusion (475) for the foregoing reasons, the commission finds that air berlin has not received any state aid. 7.9. conclusion on existence of aid (476) for the reasons set out above, the financing of kfbg and the agreements with ryanair and its subsidiaries as well as the agreements with hlx and tuifly constitute state aid within the meaning of article 107(1) tfeu. 8. lawfulness of the aid (477) pursuant to article 108(3) tfeu, member states must notify any plans to grant or alter aid, and must not put the proposed measures into effect until the notification procedure has resulted in a final decision. 8.1. the financing of kfbg (478) as the funds to finance klu have already been put at the disposal of kfbg/dmg, the commission considers that austria has not respected the prohibition of article 108(3) tfeu (69). (479) furthermore, based on the assessment in recitals 480 to 483 the aid measures under investigation in favour of kfbg/dmg cannot be considered exempted from the notification requirement on the basis of the 2005 sgei decision (70), applicable to aid granted before 31 january 2012. (480) the 2005 sgei decision exempted from the notification requirement state aid in the form of public service compensation granted to undertakings in connection with sgeis which comply with the conditions stipulated therein. in particular, the 2005 sgei decision declared compatible state aid in the form of public service compensation to airports: (i) for which the annual traffic does not exceed 1 000 000 passengers; or (ii) with an annual turnover before tax of less than eur 100 million during the 2 financial years preceding that in which the sgei was assigned, which receive annual compensation of less than eur 30 million. (481) in order to benefit from an exemption, public service compensation for the operation of an sgei had to comply with the conditions set out in articles 4, 5 and 6 thereof. article 4 of the 2005 sgei decision required that the sgei be entrusted to the undertaking concerned by way of one or more official acts, setting out, inter alia, the nature and duration of the public service obligations, the parameters for calculating, controlling and reviewing the compensation, and the necessary arrangements for avoiding and repaying any overcompensation. article 5 of the 2005 sgei decision laid down that the amount of compensation had to be limited to what is necessary to cover the costs incurred in discharging the public service obligations, taking into account the relevant receipts and a reasonable profit. finally, article 6 of the 2005 sgei decision required member states to carry out regular controls to ensure that undertakings are not receiving compensation in excess of the amount determined in accordance with article 5. (482) according to austria, the operation of klu could be considered a sgei. the commission is however of the opinion that the sgei qualification of the management of klu cannot be inferred from the information submitted by austria. neither an explicit definition of the alleged sgei mission entrusted to kfbg/dmg nor the rules governing kfbg/dmg's right to compensation were laid down by austria. nor has kfbg/dmg made available to the commission any other document outlining the scope of the presumed sgei it had to discharge. therefore, the commission considers that there is no entrustment act that has imposed a genuine sgei on the airport manager of klu. nor has the state of carinthia laid down the parameters for calculating, controlling and reviewing the compensation, and the necessary arrangements for avoiding and repaying any overcompensation. the requirements of articles 4, 5 and 6 of the 2005 sgei decision relating to the content of the entrustment acts are therefore not met. (483) the commission considers that on this basis it cannot be concluded that the aid to kfbg/dmg was exempted from the notification requirement on the basis of the 2005 sgei decision. (484) therefore, the commission concludes that austria did not respect the stand-still obligation laid down by article 108(3) tfeu and the measures at issue thus constitute unlawful state aid. 8.2. the 2002 and 2006 agreements with ryanair, lv and ams (485) the state aid granted to ryanair and its subsidiaries on the basis of the agreements of 2002 and 2006 was granted without being notified. the state aid granted to ryanair and its subsidiaries therefore constitutes unlawful aid. 8.3. the 2003 agreement with hlx and the 2008 agreement with tuifly (486) the state aid granted to hlx and tuifly on the basis of the agreements of 2003 and 2008 was granted without being notified. it therefore constitutes unlawful aid. 9. assessment of the compatibility of the aid 9.1. the financing of kfbg (487) article 107(3) tfeu provides for certain exemptions to the general rule set out in article 107(1) tfeu that state aid is not compatible with the internal market. the aid in question can be assessed on the basis of article 107(3)(c) tfeu, which stipulates that: 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. 9.1.1. compatibility pursuant to the 2014 aviation guidelines (488) as austria did not provide arguments that the aid should be approved directly under article 107(3) tfeu (nor the beneficiaries of the aid), the 2014 aviation guidelines provide a framework for assessing whether aid to airports may be declared compatible pursuant to article 107(3)(c) tfeu. (489) according to point 172 of the 2014 aviation guidelines, the commission considers that the provisions of the notice on the determination of the applicable rules for the assessment of unlawful state aid (71) should not apply to pending cases of illegal operating aid to airports granted prior to 4 april 2014. instead, the commission will apply the principles set out in the 2014 aviation 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. (490) the commission has already concluded in recital 478 that the financial contributions for kfbg/dmg constitute unlawful state aid granted before 4 april 2014. (491) in view of the provisions of the 2014 aviation guidelines referred to in recital 492, the commission has to determine whether the measure in question constitutes unlawful investment or operating aid. (492) according to recital 18 in point 25 of the 2014 aviation guidelines, investment aid is defined as aid to finance fixed capital assets; specifically, to cover the capital costs funding gap . moreover, according to point 107 of the guidelines investment aid can relate both to an upfront payment (that is to say cover upfront investment costs) and to aid paid out in the form of periodic instalments (to cover capital costs, in terms of annual depreciation and costs of financing). (493) operating aid, on the other hand, means aid covering all or part of the operating costs of an airport, defined as the underlying costs of the provision of airport services, including categories such as costs of personnel, contracted services, communications, waste, energy, maintenance, rent, administration, etc., but excluding the capital costs, marketing support or any other incentives granted to airlines by the airport, and costs falling within a public policy remit (72). (494) it can be considered that the financial contributions, which were used to cover annual operating losses of kfbg/dmg due to the costs of the marketing contracts of kfbg with different airlines, constitute operating aid in favour of kfbg/dmg. (495) section 5.1.2 of the 2014 aviation guidelines sets out the criteria that the commission will apply in assessing the compatibility of operating aid with the internal market pursuant to article 107(3)(c) tfeu. pursuant to point 172 of the 2014 aviation guidelines, the commission will apply those criteria to all cases concerning operating aid, including pending notifications and unlawful non-notified aid cases. (496) unlawful operating aid granted before the date of publication of the 2014 aviation guidelines may be declared compatible to the full extent of uncovered operating costs provided that the following conditions (73) are met: contribution to a well-defined objective of common interest: this condition is fulfilled, inter alia, if the aid increases the mobility of citizens of the union and connectivity of the regions or facilitates regional development (74), need for state intervention: the aid must be targeted towards situations where such aid can bring about a material improvement that the market itself cannot deliver (75), appropriateness of state aid as a policy instrument: this condition is fulfilled, if the member state can demonstrate that the aid is the appropriate measure to achieve the intended objective (76), existence of incentive effect: this condition is fulfilled if it is likely that, in the absence of 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 (77), proportionality of the aid amount (aid limited to the minimum necessary): in order to be proportionate, operating aid to airports must be limited to the minimum necessary for the aided activity to take place (78), avoidance of undue negative effects on competition and trade (79). 9.1.1.1. contribution to a well-defined objective of common interest (497) the operating aid under assessment that comprises the losses of kfbg/dmg since 2000 and the corresponding financial contributions by the city of klagenfurt, the state of carinthia and klh as demonstrated in table 2, had the objective of maintaining the appropriate level of operation of klu. (498) according to point 113 of the 2014 aviation guidelines, operating aid to airports will be considered to contribute to the achievement of an objective of common interest if it increases the mobility of union citizens and the connectivity of the regions, combats air traffic congestion at major union hub airports or facilitates regional development. (499) klu is important for the economic development of the region of carinthia, for which a good connection to the austrian capital vienna and the main german business centres is indispensable. klu further satisfies connectivity needs of the region in particular in view of its tourism sector for alpine summer and winter sports. the business profile of klu corresponds to these needs of the region, offering a comfortable infrastructure for a number of scheduled flights to the main business centres in germany (berlin, hamburg, k ln-bonn and in the past also munich) as well as vienna. (500) operating aid to klagenfurt airport therefore contributed to the connectivity and development of the region. according to the information provided by austria in the annual statements of accounts of kfbg the development of klagenfurt airport was also based on a sound passenger forecast. (501) furthermore, it needs to be assessed whether a possible duplication of airport infrastructure could militate against finding that the operation of klu meets a clearly defined objective of common interest. (502) in this respect, the 2014 aviation guidelines define the catchment area as a geographic market boundary that is normally set around 100 km and around 60 minutes traveling time by car, bus, train or high-speed train. at the same time, the 2014 aviation guidelines allow to deviate from the standard definition of the catchment area of a given airport in order to take into account the specificities of each particular airport. in this respect, the size and shape of the catchment area may vary from airport to airport, including its business model, location and the destinations it serves. (503) taking into account this concept, it can be assumed that graz airport (128 km from klagenfurt), maribor airport (137 km from klagenfurt), trieste airport (203 km from klagenfurt) and salzburg airport (223 km from klagenfurt) are not located in the same catchment area. (504) ljubljana airport in slovenia is however nearby. the shortest distance by road from klagenfurt to ljubljana airport is 80 km and crosses the karawanken mountain range, via the loibl mountain pass, at 1 068 metres above sea level. the austrian authorities pointed out that a travelling time of less than 60 minutes by car or bus is unrealistic, firstly, as that road is narrow, winding and steep and is difficult to negotiate even under normal conditions and in particular in the winter season, and secondly, as that road is closed several times every year due to rock fall or mudslides. the shortest alternative would be the motorway to the city of villach and through the karawanken road tunnel, but that distance would be around 130 km. there is no high-speed train connection, and travelling time by train is between 2 hours 10 minutes and 2 hours 48 minutes. in view of this geographical situation, it can therefore be concluded that ljubljana airport is not in the catchment areas of klu, as the travelling time between the two airports will often be longer than under best travelling conditions. (505) moreover, klu and ljubljana airport pursue business models that are significantly different from each other: klagenfurt offers mainly scheduled flights connecting klagenfurt with main business centres such as vienna, berlin, hamburg or k ln-bonn and some charter flights to a number of holiday destinations. the destinations served at klu are therefore limited to the need of the population of carinthia, which is a fast and easy access to the main german speaking business centres and at the same time an easy access of tourists to the tourism industry in carinthia. (506) ljubljana airport as the main slovenian airport of the slovenian capital has more than 1 million annual passengers and offers a wide range of international destinations for scheduled and charter flights all over europe with a focus on eastern european states. (507) the commission therefore considers that the operating aid granted to klagenfurt airport contributed to the achievement of the objective of common interest of improving the connectivity and regional development of the carinthia region through the operation of transport infrastructure to meet the transport needs of the region. 9.1.1.2. need for state intervention (508) according to point 116 et seq. of the 2014 aviation guidelines, operating aid to airports will be considered necessary if it brings about a material improvement that the market itself cannot deliver. the guidelines further recognise that the need for public funding to finance operating costs will normally be proportionately greater for smaller airports due to high fixed costs and that airports with annual passenger traffic between 200 000 and 700 000 passengers may not be able to cover their operating costs to a substantial extent. (509) after having served as many as approximately 520 000 passengers per year in the past, the annual passenger numbers of klu have stabilised at around 230 000, which is well below 700 000 passengers. the airport was not able to generate enough revenues to cover its operating costs to a substantial extent, which the 2014 aviation guidelines identify as typical for airports of this size. absent the aid in question, kfbg/dmg would likely have been forced to exit the market, depriving carinthia of a transport infrastructure which plays a significant role in its accessibility and development (tourism). (510) therefore the commission considers that the operating aid to klagenfurt airport is necessary. 9.1.1.3. appropriateness of state aid as a policy instrument (511) according to point 120 of the 2014 aviation guidelines operating aid should be an appropriate policy instrument to achieve the intended objective or resolve the problem to be addressed. since klu was loss-making at operating level the only appropriate instrument was operating aid that enabled the airport to continue operations ensuring connectivity of the carinthia region. other instruments such as investment aid or regulatory measures do not seem appropriate to address the financial problems of klu at the operating level. therefore the commission considers that the operating aid granted to klu is an appropriate instrument. 9.1.1.4. existence of incentive effect (512) according to point 124 of the 2014 aviation guidelines the 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 air traffic, the level of the economic activity of the airport would be significantly reduced. (513) the transport needs of the carinthia region, which expressed in passenger numbers have stabilised over the years 2004-2010 at the level of 400 000 passengers per annum (and have only since 2012 fallen down to 230 000 passengers per annum). despite rather stable passenger numbers the airport was in the past however not able to cover its operating costs. the figures austria submitted showed that without the operating aid the airport would have made significant losses in most of the relevant years (80). therefore, without the operating aid, kfbg would have had to reduce traffic in order to reduce costs and losses, or otherwise, would have probably gone bankrupt, which would have probably led to the cessation of activity of the airport. therefore, without the operating aid, the airport could not have maintained the level of traffic and its economic activity would have to be reduced. 9.1.1.5. proportionality of the aid amount (aid limited to the minimum necessary) (514) as regards necessity, the measures under investigation were limited to the minimum necessary to offset losses and allow kfbg/dmg to observe capital requirements and continue to operate viably. the aid was necessary to keep the company afloat and did not exceed the amount required to cover operating losses. the aid was therefore limited to the minimum necessary. (515) therefore, the commission considers that the operating aid to klu is proportionate. 9.1.1.6. avoidance of undue negative effects on competition and trade (516) according to point 131 of the 2014 aviation guidelines when assessing the compatibility of operating aid to the airport, the commission will take into account the distortions of competition and the effects on trade. an indication of potential competition distortions or effect on trade may be the fact that the airport is located in the same catchment area as another airport with spare capacity. (517) as demonstrated in recital 503 et seq., taking into account the concept of a catchment area of around 100 km and travelling time of 60 minutes, it can be assumed that ljubljana airport is not in the catchment area of klagenfurt area. (518) moreover, austria has confirmed that the airport infrastructure of klu is made available to all airlines on non-discriminatory terms. klu can be accessed, without any particular restrictions, by any airline wanting to use it. this infrastructure can therefore be accessed in an equal and non-discriminatory manner within the meaning of the 2014 guidelines. 9.1.2. conclusion (519) on the basis of the above, the commission concludes that the operating aid granted to klu is compatible with article 107(3)(c) tfeu in the light of the compatibility conditions laid down in section 5.1.2 of the 2014 aviation guidelines. (520) the commission further considers that since it found the operating aid to kfbg/dmg to be compatible under the 2014 aviation guidelines, it does not have to consider any other grounds of potential compatibility put forward by austria. 9.2. agreements with airlines applicable legal framework (521) the commission notes that austria has not advanced any arguments to show that the aid granted to ryanair and its subsidiaries is compatible with the internal market. (522) following the case law (81) of the court of justice, the commission recalls that it is austria's responsibility to indicate the legal basis on which a state aid measure could be found compatible with the internal market and to demonstrate that all required conditions are met. in the opening decision the commission requested austria to provide information on whether compatibility could be established pursuant to the 2005 aviation guidelines or directly under the tfeu. austria, however, did not make any submissions with a view to showing that the relevant conditions for compatible start-up aid under the 2005 aviation guidelines or directly under the tfeu were met. nor did the interested parties who submitted comments put forward any arguments demonstrating the compatibility of the state aid measure with the internal market. 9.2.1. the 2002 agreements with ryanair (523) the 2002 agreements were signed before the 2005 aviation guidelines were published on 9 december 2005. with regard to the compatibility of aid granted before this date, point 85 of the 2005 aviation guidelines and point 174 of the 2014 aviation guidelines refer to the rules applicable at the time when the aid was granted. (524) before the 2005 aviation guidelines were adopted, the commission had adopted the 1994 aviation guidelines (82). however, those guidelines did not specifically deal with the issue of operating aid aimed at promoting outbound air traffic from regional airports. this issue in fact gradually appeared as a result of a build-up of congestion at certain large european airports and the development of low-fare airlines, which did not yet exist in 1994. consequently, the 1994 aviation guidelines do not provide any relevant basis of compatibility for the aid to airlines in the present case. the commission must therefore assess the compatibility of the aid in question directly on the basis of article 107(3)(c) tfeu. (525) in this respect, it should be noted that the commission's assessment of this type of state aid has been refined over time, although some points have remained unchanged. these points stem from the general principles governing the compatibility of aid in accordance with the aforementioned provision of tfeu. (526) accordingly, in the decision on manchester airport of june 1999 (83), the commission found that reductions in airport charges granted in a non-discriminatory and time-limited manner as measures aimed at promoting new routes were compatible with the rules on state aid. (527) subsequently, in its decision of february 2004 on charleroi airport (84), the commission explained that operational aid measures intended to help the launch of new airlines or strengthen certain frequencies may be a necessary tool for the development of small regional airports. the measures may indeed persuade the interested companies to take the risk of investing in new routes. however, in order to declare such aid compatible on the basis of article 87(3)(c) tfeu, it should be determined whether this aid is necessary and in proportion to the objective sought, and whether it affects trade to an extent that is contrary to the common interest. the commission therefore identified certain conditions to be met in order for this operating aid to be declared compatible, in particular the following: the aid must contribute to the objective of community interest of developing a regional airport through a net increase in traffic on new routes, the aid must be necessary in the sense that it is not granted for a route already operated by the same or another airline or a similar route, the aid must have an incentive effect in the sense that it must help to develop an activity that, after a certain period, is likely to become profitable, which implies that the aid is limited in time, the aid must be proportional, i.e. the amount must be linked to the net development of traffic, the aid must have been granted transparently and without discrimination and must not be combined with other types of aid. (528) the 2005 aviation guidelines and the 2014 aviation guidelines precisely define these compatibility principles, but it remains the case that operating aid granted to airlines may be declared compatible by the commission where it contributes to the development of smaller airports through a net increase in traffic on new routes, where the aid is necessary in the sense that it is not granted for a route already operated by the same or another airline or a similar route, where it is limited in time and where the route for which the aid is granted is likely to become profitable, where the amount is linked to the net development of traffic and where the aid is granted transparently and without discrimination, and where it is not combined with any other type of aid. (529) in this regard, in paragraph 212 of the opening decision, the commission stated that it would assess the compatibility of the 2002 agreements with ryanair, ams and lv in the light of these criteria. it should be noted that neither austria nor any interested third party has disputed the application of these criteria. (530) in conclusion, the commission takes the view that, in this case, the compatibility of the 2002 agreements should be assessed in the light of the aforementioned principles directly on the basis of article 107(3)(c) tfeu. 9.2.2. the 2006 agreements with ryanair (531) as regards start-up aid, the 2014 aviation guidelines state that: the commission will apply the principles set out in these guidelines to all notified start-up aid measures in respect of which it is called upon to take a decision from 4 april 2014, even where the measures were notified prior that date. in accordance with the commission notice on the determination of the applicable rules for the assessment of unlawful state aid, the commission will apply to unlawful start-up aid to airlines the rules in force at the time when the aid was granted. accordingly, it will not apply the principles set out in these guidelines in the case of unlawful start-up aid to airlines granted before 4 april 2014. (532) the 2005 aviation guidelines, in turn, stipulate that: the commission will assess the compatibility of [ ] start-up aid granted without its authorisation and which therefore infringes article 88(3) ec [now article 108(3) tfeu], on the basis of these guidelines if payment of the aid started after the guidelines were published in the official journal of the european union. (533) as the agreements of 2006 with ryanair were concluded after the publication of the 2005 aviation guidelines in the official journal on 9 december 2005, those guidelines constitute the applicable legal basis for the assessment of their compatibility with the internal market. 9.2.3. the 2003 agreement with hlx (534) the 2003 agreement with hlx was signed before the 2005 guidelines were published on 9 december 2005. with regard to the compatibility of aid granted before this date, the commission refers to recitals 523 to 530. (535) in conclusion, the commission takes the view that, in this case, the compatibility of the 2003 agreement with hlx should be assessed in the light of the aforementioned general principles directly on the basis of article 107(3)(c) tfeu. 9.2.4. the 2008 agreement with tuifly (536) regarding the applicable legal framework reference is made to recitals 531-533. as the agreement of 2008 with tuifly was concluded after the publication of the 2005 aviation guidelines in the official journal on 9 december 2005, those guidelines constitute the applicable legal basis for the assessment of their compatibility with the internal market. 9.3. the 2002 agreements with ryanair, lv and ams 9.3.1. compatibility assessment pursuant to article 107(3)(c) tfeu: the aid must be limited in time and involve a route likely to become profitable (537) the commission notes that, despite its invitation in this respect, austria did not provide any viability study for the klagenfurt-london route covered by the 2002 agreements to prove that the aid granted through the agreements in question was justified. accordingly, based on the facts on record, it seems that, for the authorities that granted the aid in question, there was no clear prospect of the klagenfurt-london route becoming viable without aid in the short term. the commission stresses in this respect that the explanations submitted by the austrian authorities on the economic benefits of the route operated by ryanair analyse the impact that they might have on the region's development, but do not include projections of the future viability of these routes or other routes likely to be operated by ryanair in the future. (538) moreover, the commission notes that, although these measures were limited in time, the 5-year term of each agreement was not necessary for or proportional to the costs incurred in launching a new route given that, in the aviation sector, a contractual term of less than 3 years is usually sufficient. (539) the commission therefore considers that the 2002 agreements do not meet the condition that the measures must be limited in time and involve routes likely to become profitable. as this condition is not fulfilled, there is no necessity for the commission to assess the other conditions mentioned above. 9.3.2. the aid must be proportional, i.e. the amount must be linked to the net development of traffic. (540) austria has not submitted any information as to how the aid involved in the agreements at issue would relate to the net development of traffic. in particular, no indication has been provided as to the start-up costs incurred by ryanair for launching the klagenfurt-london route and there is no provision in the 2002 agreements ensuring that the aid granted to ryanair will be limited to a reasonable fraction of those costs. the commission therefore considers that the 2002 agreements do not meet the requirement that the aid must be proportional, i.e. the amount must be linked to the net development of traffic. 9.3.3. conclusion (541) the commission considers that the 2002 agreements with ryanair and its subsidiaries constitute unlawful aid incompatible with the internal market. 9.4. the 2006 agreements with ryanair and ams compatibility assessment pursuant to 2005 aviation guidelines (542) given that the compatibility conditions for start-up aid enshrined in point 79 of the 2005 aviation guidelines are cumulative, the commission considers that it is only necessary to demonstrate that one of those conditions is not fulfilled in order to find that the aid to the airlines is not compatible. the commission starts its analysis with the condition set out in point 79(d) of the 2005 aviation guidelines. (543) point 79(d) of the 2005 aviation guidelines requires, inter alia, that the amount of aid granted in any one year does not exceed 50 % of total eligible costs for that year and total aid does not exceed an average of 30 % of eligible costs. eligible costs are defined as the additional start-up costs incurred in launching the new route or frequency [ ] which the air operator will not have to bear once it is up and running. (544) in the opening decision the commission observed that the agreements of 2006 with ryanair did not provide for any connection between the aid granted and the eligible costs. austria was therefore asked to provide details on the relationship between the aid and the eligible costs. neither austria nor the third parties commenting on the opening decision provided any such information. in this light, and considering that the agreements with the airlines in question make no reference to the costs of the airlines, let alone the eligible costs, the commission finds that the compatibility condition enshrined in point 79(d) of the 2005 aviation guidelines is not fulfilled. (545) in conclusion, the aid to ryanair cannot be found to constitute compatible start-up aid, as at least one of the compatibility conditions is not fulfilled. the commission considers that the 2006 agreements with ryanair and its subsidiaries constitute unlawful aid incompatible with the internal market. 9.5. the 2003 agreement with hlx 9.5.1. compatibility assessment pursuant to article 107(3)(c) tfeu (546) the compatibility of the 2003 agreement with hlx should be assessed in the light of the abovementioned principles directly on the basis of article 107(3)(c) tfeu. 9.5.2. the aid must be limited in time and involve a route likely to become profitable (547) the commission notes that, despite its invitation in this respect, austria has not provided any viability study for the new routes covered by the 2003 agreement to prove that the aid granted through the agreements in question was justified. accordingly, based on the facts on record, it seems that, for the authorities that granted the aid in question, there was no clear prospect of the new routes becoming viable without aid in the more or less short term. the commission stresses in this respect that the explanations submitted by the austrian authorities on the economic benefits of the routes operated by hlx analyse the impact that they might have on the region's development, but do not include projections of the future viability of these routes operated by hlx. (548) moreover, the commission notes that, although these measures were limited in time, the 4-year term of the agreement was not necessary for or proportional to the costs incurred in launching a new route given that, in the aviation sector, a contractual term of less than 3 years is usually sufficient. (549) the commission therefore considers that the 2003 agreement with hlx does not meet the condition that the measures must be limited in time and involve routes likely to become profitable. as this condition is not fulfilled, there is no necessity for the commission to assess the other conditions mentioned above. 9.5.3. conclusion (550) the commission considers that the 2003 agreement with hlx constitutes unlawful aid incompatible with the internal market. 9.6. the 2008 agreement with tuifly compatibility assessment pursuant to 2005 aviation guidelines (551) given that the compatibility conditions for start-up aid enshrined in point 79 of the 2005 aviation guidelines are cumulative, the commission considers that it is only necessary to demonstrate that one of those conditions is not fulfilled in order to find that the aid to the airlines is not compatible. the commission starts its analysis with the condition set out in point 79(d) of the 2005 aviation guidelines. (552) point 79(d) of the 2005 aviation guidelines requires, inter alia, that the amount of aid granted in any one year does not exceed 50 % of total eligible costs for that year and total aid does not exceed an average of 30 % of eligible costs. eligible costs are defined as the additional start-up costs incurred in launching the new route or frequency [ ] which the air operator will not have to bear once it is up and running. (553) the commission observed that the agreement of 2008 with tuifly did not provide for any connection between the aid granted and the eligible costs. austria was therefore asked to provide details on the relationship between the aid and the eligible costs. neither austria nor the third parties commenting on the opening decision provided any such information. in this light, and considering that the agreements with the airlines in question make no reference to the costs of the airlines, let alone the eligible costs, the commission finds that the compatibility condition enshrined in point 79(d) of the 2005 aviation guidelines is not fulfilled. (554) in conclusion, the aid to tuifly cannot be found to constitute compatible start-up aid, as at least one of the compatibility conditions is not fulfilled. the commission considers that the 2008 agreement with tuifly constitutes unlawful aid incompatible with the internal market. 10. conclusion (555) the commission finds that austria has unlawfully granted state aid to kfbg in breach of article 108(3) tfeu. however, these subsidies are aid compatible with the internal market on the basis of article 107(3)(c) tfeu. (556) furthermore, the commission finds that the airport and marketing services agreements signed between kfbg and ryanair and its subsidiaries in 2002 and 2006 involve state aid, which was granted in breach of article 108(3) tfeu and which are aid incompatible with the internal market on the basis of article 107(3)(c) tfeu. (557) the commission also finds that the airport and marketing services agreement signed between kfbg and hlx in 2003 involves state aid, which was granted in breach of article 108(3) tfeu and which is aid incompatible with the internal market on the basis of article 107(3)(c) tfeu. (558) the commission finally finds that the airport and marketing services agreement signed between kfbg/dmg and tuifly in 2008 involves state aid, which was granted in breach of article 108(3) tfeu and which is aid incompatible with the internal market on the basis of article 107(3)(c) tfeu. 11. recovery (559) according to settled case-law of the court of justice, when the commission has found that aid is incompatible with the internal market, it is competent to decide that the member state concerned must abolish or alter it (85). (560) according to article 14 of council regulation (ec) no 659/1999 (86), 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 (hereinafter referred to as a recovery decision). the commission shall not require recovery of the aid if this would be contrary to a general principle of community law. according to settled case-law of the court of justice, where aid is regarded by the commission as incompatible with the internal market, the purpose of the obligation imposed on the state is to re-establish the previously existing situation (87). in this respect, the court of justice considers that the purpose is achieved when beneficiaries have repaid the amounts granted by way of unlawful aid, thus forfeiting the advantage that they enjoyed over competitors. in this way, the situation prior to payment of the aid is restored (88). (561) in this case, it appears that no general principle of union law prevents recovery of the unlawful and incompatible aid identified in this decision. in particular, neither austria nor the interested third parties have presented any arguments in this respect. (562) austria must therefore take all necessary measures to recover from ryanair and its subsidiaries, hlx and tuifly the unlawful aid granted through the agreements in question. 11.1. determination of the aid amounts (563) the aid amounts to be recovered for each agreement and amendment must be determined as follows. each transaction under review (consisting, where applicable, of an airport services agreement and a marketing services agreement) must be regarded as having given rise to an annual aid amount for each year that the agreements forming the transaction applied. each of these amounts is calculated using the negative part of the projected incremental flow (revenues less costs) at the time when the transaction was concluded. these amounts in fact correspond to the sums that should be deducted each year from the amount for the marketing services (or that should be added to the airport charges and ground handling charges invoiced to the airlines) so that the net present value of the agreement is positive, in other words so that this complies with the meo principle. (564) in order to take account of the effective advantage received by the airline and its subsidiaries under the agreements, the amounts referred to above recital may be adjusted, using evidence provided by austria, according to the difference between, on the one hand, the actual marketing payments, as determined ex post, that were made to the airline or its subsidiaries under the marketing services agreement and, on the other hand, the corresponding (ex ante) projected marketing costs. 11.2. effective termination dates of certain agreements (565) in addition, the commission considers that the effective advantage received by the airline is limited to the effective term of the agreement in question. in effect, after the termination of each agreement, ryanair and its subsidiaries did not receive any payments under these agreements and did not benefit from access to the airport infrastructure and ground handling services under these agreements. consequently, the aid amounts calculated as indicated above and associated with a given agreement are reduced to zero for the years in which the agreement ceased to apply (particularly due to early termination of the agreement by the airlines). (566) as a result, the aid amounts to be recovered from ryanair and ams for certain agreements that did not run to term must be reduced to zero for the period from the effective termination date of the agreement to the termination date stipulated when the agreement was signed. this point applies to all agreements of 22 february 2002, which did not remain in force until 27 june 2007, but ceased to apply on 29 october 2005 when ryanair closed its airport services with its last flight service to london. (567) likewise, the aid amounts to be recovered from tuifly for the agreement of 2008 that did not run to term must be reduced to zero for the period from the effective expiry date of the agreement to the expiry date stipulated when the agreement was signed. this applies to the period as of 25 october 2009 when tuifly offered its last flight service from klu. 11.3. marketing payments taken into account (568) regarding the payments specified in the second marketing agreement between dmg and ams (eur [ ] per year), the commission took this agreement into account in its assessment of the meo test. likewise, the payments specified in the second marketing agreement will be taken into account in this chapter in calculating the aid amount to be recovered. (569) austria claimed that the second agreement was replaced by the third agreement and did not enter into force. austria however did not submit any documents to prove this argument and only declared the absence of any documents for payments in the accounting sheets of kfbg to demonstrate that no payment was carried out by kfbg under the second marketing agreement. (570) as the commission did not receive any written evidence from austria to demonstrate the correctness of this declaration, the second marketing agreement will also be taken into account for the calculation of the recovery amount. this amount may be adjusted at a later stage, using evidence provided by austria. (571) the following tables give information on the different amounts to be used to calculate the indicative amounts to be recovered. these amounts consist of the negative parts of the incremental flows (incremental revenues less incremental costs) established by applying the meo test, with reductions for the periods of time in which the payments were not due yet after their signature or when the agreements did not run to term. table 18 information about the indicative amounts of aid received and to be recovered from ryanair and its subsidiaries (eur) indicative amount of the aid received under the various agreements indicative amount of the aid to be recovered identity of the beneficiary/agreement july 2002-june 2003 july 2003-june 2004 july 2004-june 2005 july 2005-oct. 2005 2006 2007 ryanair, lv and ams: agreements of 22.2.2002 1 248 180 248 180 248 180 82 727 1 827 267 ryanair and ams: agreements of 21.12.2006 141 326 141 326 table 19 information about the indicative amounts of aid received and to be recovered from hlx (eur) indicative amount of the aid received under the agreements indicative amount of the aid to be recovered identity of the beneficiary/agreement aug. 2003-aug. 2004 aug. 2004-aug. 2005 aug. 2005-aug. 2006 aug. 2006-aug. 2007 aug. 2007-march 2008 hlx agreement of 2003 1 418 984 2 273 855 2 273 855 2 273 855 1 326 414 9 566 963 table 20 information about the indicative amounts of aid received and to be recovered from tuifly (eur) indicative amount of the aid received under the agreements indicative amount of the aid to be recovered identity of the beneficiary/agreement april 2008-march 2009 april 2009-oct. 2009 april 2010-march 2011 april 2011-march 2012 april 2012-march 2013 tuifly agreement of 2008 789 955 344 136 1 134 091 (572) as explained in recital 326, the commission considers that, for the purpose of applying the state aid rules, ryanair, lv and ams form a single economic entity, and that the marketing services agreements and the corresponding airport services agreements must be regarded as forming a single transaction between this entity and kfbg/dmg. consequently, the commission considers that ryanair, lv and ams are jointly and severally responsible for repaying all the aid received through the agreements signed in 2002 and 2006, with an indicative principal amount of eur 1 827 267 and eur 141 326. (573) the commission considers that hlx is responsible for repaying all the aid received through the agreement signed in 2003 with an indicative principal amount of eur 9 566 963. hlx was founded in 2002 and belonged to the alliance tui airlines. on 15 january 2007, hlx was merged with hapagfly, previously hapag-lloyd flug, to the common brand tuifly and as of july 2010 incorporated as such. for this reason, tuifly can be considered to be the legal successor of hlx and therefore is liable and responsible for repaying all the aid which hlx received (89). (574) the commission considers that tuifly is responsible for repaying all the aid received through the agreement signed in 2008 with an indicative principal amount of eur 1 134 091. (575) the austrian authorities must recover the amounts indicated above within 4 months of the date of notification of this decision. (576) the austrian authorities must also add recovery interest to the aid amount, which shall be calculated from the date on which the aid in question was put at the disposal of the undertaking, namely on each effective date of granting of the aid, until the date of its effective recovery (90), in accordance with chapter v of commission regulation (ec) no 794/2004 (91). in this respect, the start date as from which to calculate the recovery interest begins shall refer to the date at which the individually aid amounts i.e. the instalments were granted (92). (577) in accordance with settled case-law, if a member state encounters unforeseen and unforeseeable difficulties or perceives consequences overlooked by the commission, it may submit those problems for consideration by the commission, together with proposals for suitable amendments. in such a case, the commission and the member state concerned must work together in good faith with a view to overcoming the difficulties whilst fully observing the provisions of the tfeu. (578) the commission invites austria to submit to it any problem encountered in implementing this decision, has adopted this decision: article 1 the public funding granted to kfbg/dmg in the form of financial contributions between 2000 and 2010 constitutes state aid which is compatible with article 107(3)(c) tfeu. article 2 the 2005 incentive scheme of klu does not constitute state aid within the meaning of article 107(1) tfeu. article 3 the settlement agreement between kfbg and aua does not constitute state aid within the meaning of article of 107(1) tfeu. article 4 the airport services agreement concluded by kfbg with air berlin on 8 july 2010 does not constitute state aid within the meaning of article 107(1) tfeu. article 5 the state aid amounting to eur 1 827 267 unlawfully put into effect by austria in breach of article 108(3) tfeu, in favour of ryanair, lv and ams is incompatible with the internal market. article 6 the state aid amounting to eur 141 326, unlawfully put into effect by austria in breach of article 108(3) tfeu, in favour of ryanair and ams is incompatible with the internal market. article 7 the state aid amounting to eur 9 566 963 unlawfully put into effect by austria in breach of article 108(3) tfeu, in favour of hlx is incompatible with the internal market. article 8 the state aid amounting to eur 1 134 091 unlawfully put into effect by austria in breach of article 108(3) tfeu, in favour of tuifly is incompatible with the internal market. article 9 1. austria shall recover the aid referred to in articles 5 to 8 from the beneficiaries. 2. the sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiary until their actual recovery. 3. the interest shall be calculated on a compound basis in accordance with chapter v of regulation (ec) no 794/2004 as last amended by commission regulation (ec) no 271/2008 (93). 4. austria shall cancel all outstanding payments of the aid referred to in articles 1 to 4 with effect from the date of adoption of this decision. article 10 1. recovery of the aid referred to in articles 5 to 8 shall be immediate and effective. 2. austria shall ensure that this decision is implemented within 4 months following the date of notification of this decision. article 11 1. within 2 months following notification of this decision, austria shall submit the following information to the commission: (a) the total amount (principal and recovery interests) to be recovered from the beneficiaries; (b) a detailed description of the measures already taken and planned to comply with this decision; (c) documents demonstrating that the beneficiaries have been ordered to repay the aid. 2. austria 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 articles 5 to 8 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 beneficiaries. article 12 this decision is addressed to the republic of austria. done at brussels, 11 november 2016. for the commission margrethe vestager member of the commission (1) oj c 233, 3.8.2012, p. 28. (2) commission decision sa.24221 (ex cp 281/2007) austria klagenfurt airport ryanair and other airlines using the airport (oj c 233, 3.8.2012, p. 28). (3) communication from the commission commission guidelines on state aid to airports and airlines (oj c 99, 4.4.2014, p. 3). (4) communication from the commission community guidelines on financing of airports and start-up aid to airlines departing from regional airports (oj c 312, 9.12.2005, p. 1). (5) commission decision sa.24221 (ex cp 281/2007) austria klagenfurt airport ryanair and other airlines (oj c 348, 3.10.2014, p. 36). (6) the government of the state of carinthia decided on 28 april 2016 to dissolve klh without liquidation. the assets of klh were moved into the new special purpose vehicle k rntner beteiligungsverwaltung (k-bvg). as this decision describes and deals with a period of time in which klh still existed the name klh is used throughout this decision. (*1) covered by the obligation of professional secrecy. (7) the amounts in parentheses represent the amounts of incentives paid to aua retrospectively pursuant to the settlement agreement presented in section 2.9. (8) the application of the incentives to aua before 2005 was pursuant to the settlement agreement presented in section 2.9. (9) however as stated in recitals 65 and 71 the refunding of the turnaround fees in the two tenders is not identical. (10) ryanair listed as examples the airports of [ ]. (11) this acronym stands for market economy investor principle. (12) under the single till approach, revenues accruing to the airport operator from all the activities of the airport, including commercial non-aeronautical activities such as the operation of shops, restaurants and car parks, are taken into consideration for the purposes of determining the level of airport charges. this contrasts with the dual till principle, where only revenues from aeronautical activities (essentially airport charges and ground handling fees) are taken into consideration when setting airport charges. (13) rate card is a standard term in the advertising industry. it is a printed list of advertising rates charged by print and broadcast media or companies offering advertising spaces on their website. (14) commission notice on the notion of state aid as referred to in article 107(1) of the treaty on the functioning of the european union (oj c 262, 19.7.2016, p. 1). at the time of the submission of oxera in january 2015 this documents was published as a draft for public consultation. (15) oxera referred to the approach used by the commission in the decisions for pau and n mes airports, where the commission calculated expected non-aeronautical revenues per departing passenger based on the observed data at the airport prior to signing the agreements, with adjustments for inflation. commission decision (eu) 2015/1227 of 23 july 2014 on state aid sa.22614 (c 53/07) implemented by france in favour of the chamber of commerce and industry of pau-b arn, ryanair, airport marketing services and transavia (oj l 201, 30.7.2015, p. 109), point 414. commission decision (eu) 2016/633 of 23 july 2014 on state aid sa.33961 (2012/c) (ex 2012/nn) implemented by france in favour of the chamber of commerce and industry of n mes uz s le vigan, of veolia transport a roport de n mes, of ryanair and of airport marketing (oj l 113, 27.4.2016, p. 32), point 436. (16) oxera considered the start of ryanair's operations as the year when ryanair started significant operations at an airport, defined as the first year in which ryanair departing passengers exceeded 50 % of the maximum total number of ryanair departing passengers carried in one year at the same airport over the period 1994-2012. (17) judgement of the tribunal administratif of marseille of 20 october 2009, in which the court found that the agreement between the airport of marseille and ams allowed the airport to receive real consideration consisting of marketing services. (18) commission decision 2011/60/eu of 27 january 2010 c 12/08 (ex nn 74/07) slovakia agreement between bratislava airport and ryanair (oj l 27, 1.2.2011, p. 24), paragraph 114. the commission found that even when an airport does not pay for additional marketing on ryanair's website, when it simply appears as a destination on the website, it cannot be excluded that a certain value could be attached to it (see recital 114). the commission concluded that the agreement under investigation complied with the market economy operator principle. (19) objective criteria such as the type of placement of the advertisement (links, banners, text paragraphs, length and screen layout of the advertisement) and the daily number of visitors on the page as well as the number of routes to and from the airport. (20) see http://airportmarketingservices.com/pdfs/ratecard.pdf (21) judgment of 18 june 1998, commission v italy, c-35/96, ecli:eu:c:1998:303; judgment of 23 april 1991, h fner and elser, c-41/90, ecli:eu:c:1991:161; judgment of 16 november 1995, f d ration fran aise des soci t s d'assurances v minist re de l'agriculture et de la p che, c-244/94, ecli:eu:c:1995:392; judgment of 11 december 1997, job centre, c-55/96 ecli:eu:c:1997:603. (22) judgment of 16 june 1987, commission v italy, 118/85, ecli:eu:c:1987:283; judgment of 18 june 1998, commission v italy, 35/96, ecli:eu:c:1998:303. (23) judgment of 24 march 2011, flughafen leipzig-halle gmbh and mitteldeutsche flughafen ag v commission and freistaat sachsen and land sachsen-anhalt v commission, joined cases t-455/08 and t-443/08, ecli:eu:t:2011:117, in particular paragraphs 93-94; confirmed by the judgment of 19 december 2012, mitteldeutsche flughafen ag and flughafen leipzig-halle gmbh v commission, c-288/11 p, ecli:eu:c:2012:821; see also judgment of 12 december 2000, a roports de paris v commission, t-128/98, ecli:eu:t:2000:290, confirmed by the judgment of 24 october 2002, a roports de paris v commission, c-82/01 p, ecli:eu:c:2002:617, and the judgment of 17 december 2008, ryanair v commission, t-196/04, ecli:eu:t:2008:585. (24) judgments of 17 february 1993, poucet v agv and pistre v cancave, c-159/91 and c-160/91, ecli:eu:c:1993:63. (25) judgment in flughafen leipzig-halle gmbh and mitteldeutsche flughafen ag v commission and freistaat sachsen and land sachsen-anhalt v commission, footnote 21 above, ecli:eu:t:2011:117, in particular paragraphs 84 and 158. (26) judgement a roports de paris v commission, paragraph 24 above, ecli:eu:t:2000:290, confirmed by the judgment of 24 october 2002, a roports de paris v commission, c-82/01 p, ecli:eu:c:2002:617. (27) judgment of 12 july 1984, hydrotherm, c-170/83, ecli:eu:c:1984:271, paragraph 11. see also the judgment of 14 october 2004, pollmeier malchow v commission, t-137/02, ecli:eu:t:2004:304, paragraph 50. (28) judgement of 16 december 2010, aceaelectrabel produzione spa v commission, c-480/09 p, ecli:eu:c:2010:787, paragraphs 47 to 55; judgment of 10 january 2006, ministero dell'economia e delle finanze v cassa di risparmio di firenze spa and others, c-222/04, ecli:eu:c:2006:8, paragraph 112. (29) judgment of 19 january 1994, sat fluggesellschaft v eurocontrol, c-364/92, ecli:eu:c:1994:7. (30) judgment of 16 june 1987, commission v italy, 118/85, ecli:eu:c:1987:283, paragraphs 7 and 8, and judgment of 4 may 1988, bodson v pompes fun bres des r gions lib r es, 30/87, ecli:eu:c:1988:225, paragraph 18. (31) judgment of 18 march 1997, diego cali & figli v servizi ecologici porto di genova, c-343/95, ecli:eu:c:1997:160; commission decision n309/2002 of 19 march 2003; commission decision n438/2002 of 16 october 2002, aid in support of the public authority functions in the belgian port sector (oj c 284, 21.11.2002, p. 2). (32) commission decision n309/2002 of 19 march 2003. (33) see, in particular, judgment of 19 january 1994, sat fluggesellschaft v eurocontrol, c-364/92, ecli:eu:c:1994:7, paragraph 30 and judgment of 26 march 2009, selex sistemi integrati v commission, c-113/07 p, ecli:eu:c:2009:191, paragraph 71. (34) see, amongst others, judgment of 3 march 2005, wolfgang heiser v finanzamt innsbruck, c-172/03, ecli:eu:c:2005:130, paragraph 36, and case-law cited. (35) judgment of 16 may 2002, france v commission, c-482/99, ecli:eu:c:2002:294. (36) judgment of 12 may 2011, r gion nord-pas-de-calais and communaut agglom ration du douaisis, joint cases t 267/08 and t 279/08, ecli:eu:t:2011:209, paragraph 108. (37) judgment of 16 may 2002, france v commission, c-482/99, ecli:eu:c:2002:294, paragraphs 51 et seq. (38) ibid. (39) judgment of 11 july 1996, syndicat fran ais de l'express international (sfei) and others v la poste and others, c-39/94, ecli:eu:c:1996:285, paragraph 60 and judgment of 29 april 1999, kingdom of spain v commission of the european communities, c-342/96, ecli:eu:c:1999:210, paragraph 41. (40) judgment of 2 july 1974, italian republic v commission of the european communities, 173/73, ecli:eu:c:1974:71, paragraph 13. (41) judgment of 16 may 2002, france v commission, c-482/99, ecli:eu:c:2002:294, paragraph 69. (42) judgment of 21 march 1991, italy v commission, c-305/89, ecli:eu:c:1991:142, paragraph 23; judgment of 12 december 2000, alitalia v commission, t-296/97, ecli:eu:t:2000:289, paragraph 84. (43) judgment of 10 july 1986, belgium v commission, 40/85, ecli:eu:c:1986:305. (44) judgment of 24 july 2003, altmark trans and regierungspr sidium magdeburg, c 280/00, ecli:eu:c:2003:415. (45) judgment of 30 april 1998, het vlaamse gewest v commission, t-214/95, ecli:eu:t:1998:77. (46) see the 2014 aviation guidelines, point 53. (47) see the 2014 aviation guidelines, point 59. (48) see 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. (49) see, as regards benchmarking by reference to profitability (as opposed to pricing) in the sector, judgment of 3 july 2014, spain and ciudad de la luz v commission, joined cases t-319/12 and t-321/12, ecli:eu:t:2014:604, paragraph 44. (50) see point 60 of the 2014 aviation guidelines for further criteria to be assessed. (51) see point 59 of the 2014 aviation guidelines. (52) see reports of the 167. until 173. meeting of the supervisory board of kfbg of 29 july 2004, 8 october 2004, 1 december 2004, 4 march 2005, 4 may 2005, 30 september 2005 and 12 december 2005. (53) see report of the supervisory board of kfbg of 4 may 2005 (point 5), 1 december 2004 (point 3), 8 october 2004 (point 8) and 29 july 2004 (point 7). (*2) traffic handling costs are not incurred by kfbg as the traffic handling of aua is carried out by its subsidiary tyrolean airways and not by kfbg. (54) commission directive 2006/111/ec of 16 november 2006 on the transparency of financial relations between member states and public undertakings as well as on financial transparency within certain undertakings (oj l 318, 17.11.2006, p. 17). (55) see for example minutes of meeting of government of state of carinthia of 29 january 2002, pp. 1-5. (56) judgment of 16 may 2002, france v commission, c-482/99, ecli:eu:c:2002:294. (57) see for example minutes of meeting of government of state of carinthia of 29 january 2002, pp. 1-5. (58) see, e.g. reply to question 4 of ryanair's submission of 4 july 2011. (59) email of 4 august 2005, 18:22h, from mr sean coyle (ryanair) to mr johannes gatterer (kfbg). (60) the load ratio or load factor is defined as the proportion of places filled in the aircraft in operation on the air route in question. (61) see comments of ams in recital 184. ams argues that its services are priced at market value, as several non-airport private customers from different industries have concluded marketing agreements with ams. this argument concerning an alleged market price however does not change the conclusion of the commission that a prudent meo would have expected a negative result from the marketing agreement, see recital 362. (62) the study only assessed the first marketing agreement of 22 january 2002 between lv and dmg (see recital 47), leaving aside the second and third marketing agreement as well as the marketing agreements concluded in 2006. (*3) security fee, which accrued to the airport and was at the same time paid to the vienna tax administration. (63) see the 2014 aviation guidelines, point 63. (64) commission notice on the notion of state aid as referred to in article 107(1) of the treaty on the functioning of the european union (2016/c 262/01) (oj c 262, 19.7.2016, p. 1), point 89. (65) council regulation (eec) no 2407/92 of 23 july 1992 on licensing of air carriers (oj l 240, 24.8.1992, p. 1), council regulation (eec) no 2408/92 of 23 july 1992 on access for community air carriers to intra-community air routes (oj l 240, 24.8.1992, p. 8) and council regulation (eec) no 2409/92 of 23 july 1992 on fares and rates for air services (oj l 240, 24.8.1992, p. 15). (66) judgment of 21 march 1991, italy v commission, c-305/89, ecli:eu:c:1991:142, paragraph 26. (67) see, e.g. reply to question 4 of ryanair's submission of 4 july 2011. (68) judgment of 16 may 2002, france v commission, c-482/99, ecli:eu:c:2002:294. (69) judgment of 14 january 2004, fleuren compost v commission, t-109/01, ecli:eu:t:2004:4. (70) 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). (71) commission notice on the determination of the applicable rules for the assessment of unlawful state aid (oj c 119, 22.5.2002, p. 22). (72) recital 22 in point 25 of the 2014 aviation guidelines. (73) according to point 137 of the 2014 aviation guidelines, not all of the conditions set out in section 5.1 of the guidelines apply to operating aid granted in the past. (74) point 137, 113 and 114 of the 2014 aviation guidelines. (75) point 137 and 116 of the 2014 aviation guidelines. (76) point 137 and 120 of the 2014 aviation guidelines. (77) point 137 and 124 of the 2014 aviation guidelines. (78) point 137 and 125 of the 2014 aviation guidelines. (79) point 137 and 131 of the 2014 aviation guidelines. (80) according to the figures austria submitted without the operating aid the net income would have been for 2002 eur 1 401 180; for 2003 eur 145 056; for 2004 eur 1 597 060; for 2005 eur 758 979; for 2006 eur 778 887; for 2007 eur 230 145; for 2008 eur 703 000; for 2009 eur 1 324 969. (81) see judgment of 28 april 1993, italian republic v commission of the european communities, c-364/90, ecli:eu:c:1993:157, paragraph 20. (82) application of articles 92 and 93 of the ec treaty and article 61 of the eea agreement to state aids in the aviation sector (94/c 350/07) (oj c 350, 10.12.1994, p. 5). (83) see decision nn 109/98 of 14 june 1999 entitled united kingdom, manchester airport. (84) 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). this decision was annulled by the judgment of 17 december 2008, ryanair ltd v commission of the european communities, t-196/04, ecli:eu:t:2008:585. however, it shows how the commission's assessment of the aid in question has developed. (85) judgment of 12 july 1973, commission of the european communities v federal republic of germany, 70/72, ecli:eu:c:1973:87, paragraph 13. (86) 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). (87) judgment of 14 september 1994, kingdom of spain v commission of the european communities, joined cases c-278/92, c-279/92 and c-280/92, ecli:eu:c.1994:325, paragraph 75. (88) judgment of 17 june 1999, kingdom of belgium v commission of the european communities, c-75/97, ecli:eu:c:1999:311, paragraphs 64-65. (89) transfer of liability in instances of merged companies were confirmed, inter alia, in the judgement of 12 february 2015, european commission v french republic, c-37/14, ecli:eu:c:2015:90, recitals 83-86; judgment of 16 december 2010, aceaelectrabel produzione spa v european commission, c-480/09, ecli:eu:c:2010:787, recitals 67-68. (90) see article 14(2) of regulation (ec) no 659/1999. (91) 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). (92) as provided in the submission from the austrian authorities on 8 and 10 june 2016 (email). (93) 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 (eu) 2018/639 of 19 march 2018 on the signing, on behalf of the union, and provisional application of the agreement for scientific and technological cooperation between the european union and the kingdom of morocco setting out the terms and conditions for the participation of the kingdom of morocco in the partnership for research and innovation in the mediterranean area (prima) type: decision subject matter: research and intellectual property; cooperation policy; european construction; regions and regional policy; international affairs; natural environment; africa; health date published: 2018-04-26 26.4.2018 en official journal of the european union l 106/1 council decision (eu) 2018/639 of 19 march 2018 on the signing, on behalf of the union, and provisional application of the agreement for scientific and technological cooperation between the european union and the kingdom of morocco setting out the terms and conditions for the participation of the kingdom of morocco in the partnership for research and innovation in the mediterranean area (prima) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 186, in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) decision (eu) 2017/1324 of the european parliament and of the council (1) provides for the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states. (2) prima aims to implement a joint programme to build research and innovation capacities and to develop knowledge and common innovative solutions for agro-food systems, to make them sustainable, and for integrated water provision and management in the mediterranean area, to make those systems and that provision and management more climate resilient, efficient, cost-effective and environmentally and socially sustainable, and to contribute to solving water scarcity, food security, nutrition, health, well-being and migration problems upstream. (3) prima will be jointly undertaken by a number of member states and third countries (participating states) with a high level of commitment to scientific, management and financial integration and under the same terms and conditions. (4) the kingdom of morocco (morocco) has expressed its wish to join prima as a participating state and to be on an equal footing with the member states and third countries associated with horizon 2020 the framework programme for research and innovation (2014-2020) that participate in prima. (5) in accordance with article 1(2) of decision (eu) 2017/1324, morocco is to become a participating state in prima subject to the conclusion of an international agreement for scientific and technological cooperation with the union setting out the terms and conditions for the participation of morocco in prima. (6) on 30 may 2017, the council authorised the commission to open negotiations, on behalf of the union for an international agreement with morocco setting out the terms and conditions for the participation of morocco in prima, subject to the adoption of decision (eu) 2017/1324. the negotiations were successfully completed with the initialling of the agreement for scientific and technological cooperation between the european union and the kingdom of morocco setting out the terms and conditions for the participation of the kingdom of morocco in the partnership for research and innovation in the mediterranean area (prima) (the agreement). (7) the agreement should be signed. (8) in order to allow for the participation of morocco in prima as soon as possible, the agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force, has adopted this decision: article 1 the signing on behalf of the union of the agreement for scientific and technological cooperation between the european union and the kingdom of morocco setting out the terms and conditions for the participation of the kingdom of morocco in the partnership for research and innovation in the mediterranean area (prima) 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 agreement shall be applied on a provisional basis, in accordance with article 4 thereof, as from the signature thereof, (2) pending the completion of the procedures necessary for its entry into force. article 4 this decision shall enter into force on the date of its adoption. done at brussels, 19 march 2018. for the council the president r. porodzanov (1) decision (eu) 2017/1324 of the european parliament and of the council of 4 july 2017 on the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states (oj l 185, 18.7.2017, p. 1). (2) 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) 2018/641 of 17 april 2018 on the position to be adopted on the behalf of the european union within the eu-algeria association committee as regards the modification of the conditions of application of the preferential tariffs for agricultural products and processed agricultural products set out in article 14 of the euro-mediterranean agreement establishing an association between the european community and its member states, of the one part, and the people's democratic republic of algeria, of the other part type: decision subject matter: regions and regional policy; european construction; cooperation policy; africa; tariff policy; international affairs; agricultural activity date published: 2018-04-26 26.4.2018 en official journal of the european union l 106/17 council decision (eu) 2018/641 of 17 april 2018 on the position to be adopted on the behalf of the european union within the eu-algeria association committee as regards the modification of the conditions of application of the preferential tariffs for agricultural products and processed agricultural products set out in article 14 of the euro-mediterranean agreement establishing an association between the european community and its member states, of the one part, and the people's democratic republic of algeria, 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 the first subparagraph of article 207(4), in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the euro-mediterranean agreement establishing an association between the european community and its member states, of the one part, and the people's democratic republic of algeria, of the other part (1) (the association agreement), was signed on 22 april 2002 and entered into force on 1 september 2005. (2) in view of the difficulties faced by the people's democratic republic of algeria (algeria) in dismantling customs duties for agricultural products and processed agricultural products, the union and algeria reached an agreement on the acceptable modifications to the basic duties, quantities and schedule established initially for dismantling tariffs, in accordance with the conditions laid down in protocol nos 2 and 5 to the association agreement. (3) article 16 of the association agreement provides for the potential unilateral modification of the agreed tariff arrangements subject to certain conditions. however, the party making the modification is to accord imports originating in the other party a comparable advantage. in accordance with article 16(2) of the association agreement, the eu-algeria association committee (the association committee) is to meet to take due account of the interests of that other party. by virtue of article 97 of the association agreement, the association committee has the power to take decisions for the management of that agreement. it is appropriate for the association committee to adopt a decision on the modifications envisaged. (4) it is appropriate to establish the position to be adopted on the union's behalf within the association committee, given that the decision of the association committee is binding on the union, in accordance with article 97 of the association agreement, and that it will have a decisive influence on the content of union law, in particular on protocols nos 2 and 5 to the association agreement, has adopted this decision: article 1 the position to be adopted on the union's behalf within the eu-algeria association committee as regards the modification of the conditions of application of the preferential tariffs for agricultural products and processed agricultural products set out in article 14 of the euro-mediterranean agreement establishing an association between the european community and its member states, of the one part, and the people's democratic republic of algeria, of the other part, shall be based on the draft decision of the association committee attached to this decision. article 2 the decision of the association committee shall be published in the official journal of the european union once it has been adopted. article 3 this decision shall enter into force on the date of its adoption. done at luxembourg, 17 april 2018. for the council the president e. zaharieva (1) oj l 265, 10.10.2005, p. 2. draft decision of the eu-algeria association committee of regarding the modification of the conditions of application of the preferential tariffs for agricultural products and processed agricultural products set out in article 14 of the euro-mediterranean agreement establishing an association between the european community and its member states, of the one part, and the people's democratic republic of algeria, of the other part the eu-algeria association committee, having regard to the euro-mediterranean agreement establishing an association between the european community and its member states, of the one part, and the people's democratic republic of algeria, of the other part (1), whereas: (1) in view of the difficulties faced by the people's democratic republic of algeria (algeria) in dismantling the customs duties for agricultural products and processed agricultural products established in accordance with the conditions laid down in protocols nos 2 and 5 to the euro-mediterranean agreement establishing an association between the european community and its member states, of the one part, and the people's democratic republic of algeria, of the other part (the association agreement), a group of experts from the european commission and algeria met six times between september 2010 and july 2011. (2) as a result of the consultations, an agreement was reached on the acceptable modifications to the basic duties, quantities and schedule initially established for dismantling tariffs, in accordance with the conditions laid down in protocols nos 2 and 5 to the association agreement. (3) article 16 of the association agreement makes provision for the potential unilateral modification of the agreed tariff arrangements subject to certain conditions. however, the party making the modification is to accord imports originating in the other party a comparable advantage. in accordance with article 16(2) of the association agreement, the eu-algeria association committee (the association committee) is to meet to take due account of the interests of that party. (4) by virtue of article 97 of the association agreement, the association committee has the power to take decisions for the management of that agreement. it is therefore necessary for the association committee to adopt a decision in respect of the modifications envisaged, has adopted this decision: article 1 the rate and duration conditions agreed during the bilateral consultations and set out in the annex to this decision shall modify the tariff conditions established initially for the respective agricultural products and processed agricultural products in protocols nos 2 and 5 to the association agreement. 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 , for the eu-algeria association committee the president (1) oj eu l 265, 10.10.2005, p. 2. annex 1. following the submission by the people's democratic republic of algeria (algeria) of a formal request to revise the schedule for dismantling the tariffs for agricultural products and processed agricultural products at the fifth session of the association council held on 15 june 2010 and following six consultation sessions, on 11 july 2011 the parties agreed on new provisions to modify the tariff arrangements set out in protocols nos 2 and 5 to the euro-mediterranean agreement establishing an association between the european community and its member states, of the one part, and the people's democratic republic of algeria, of the other part (the association agreement) based on a list of 36 tariff subheadings (34 subheadings for agricultural products and two subheadings for processed agricultural products). 2. in accordance with article 16 of the association agreement, the party that modifies the arrangements laid down in that agreement is to provide the other party with compensation with equivalent effect. the algerian memorandum of june 2010 envisaged the elimination of preferential tariffs for the union for 34 tariff subheadings for agricultural products and of two subheadings for processed agricultural products. 3. following six meetings (from september 2010 to july 2011) resulting in an agreement in the form of a memorandum dated 11 july 2011, the parties agreed to eliminate 25 preferential tariff subheadings for agricultural products in protocol no 2 to the association agreement and two subheadings for processed agricultural products in protocol no 5 to the association agreement for union exports to algeria. they also reached an agreement on the compensation for the union with the same effect in terms of lost customs duties for union operators by increasing two preferential tariff subheadings for agricultural products: pure-bred breeding animals of the bovine species and common wheat, other than for sowing. details of these changes are set out in this annex. 4. the preferential tariffs initially established in protocols nos 2 and 5 to the association agreement shall apply to the remaining products referred to in article 14(2) of that agreement. 5. the modifications to the tariff arrangements set out in protocols nos 2 and 5 to the association agreement were unilaterally applied by algeria from 1 january 2011 and were then revised following the consultations between the parties. algeria has applied the following provisions since 1 october 2012. the preferential quotas granted to the union in protocol no 2 to the association agreement in relation to the following agricultural products were repealed by algeria on 1 october 2012: algerian nomenclature description applied tariff (%) reduction in customs duties (%) preferential tariff quotas (tonnes) union code 0105.11.10 day-old broiler chicks 5 100 20 0105.11 0105.11.20 day-old layer chicks 5 0105.11.30 day-old breeding, broiler chicks 5 0105.11.40 day-old breeding, layer chicks 5 0713.10.90 peas 5 100 3 000 0713.10.90 0713.20.90 chickpeas 5 0713.20.00 0713.31.90 mungo, hepper or radiata beans 5 0713.31.00 0713.32.90 small red beans 5 0713.32.00 0713.33.90 kidney beans 5 0713.33.90 0713.39.90 other beans 5 0713.39.00 0713.40.90 lentils 5 0713.40.00 0713.50.90 broad beans 5 0713.50.00 0713.90.90 other leguminous vegetables 5 0713.90.00 0805.10.00 oranges 30 20 100 0805.10 0805.20.00 mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids 30 0805.20 0805.40.00 grapefruit, including pomelos 30 0805.40 0805.50.00 lemons (citrus limon, citrus limonum) and limes (citrus aurantifolia, citrus latifolia) 30 0805.50 0805.90.00 other citrus fruit 30 0805.90 1105.20.00 flakes, granules and pellets of potatoes 30 20 100 1105.20.00 1107.10.00 malt, not roasted 30 100 1 500 1107.10 1108.12.00 maize starch 30 20 1 000 1108.12 2005.40.00 peas (pisum sativum), prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 20.06 . 30 100 200 2005.40 2005.60.00 asparagus 30 100 500 2005.60 2005.90.00 other vegetables and mixtures of vegetables 30 20 200 2005.99 2007.99.00 non-homogenised preparations, of other than citrus fruit 30 20 200 2007.99 the preferential quotas granted to the union in annex 2 to protocol no 5 to the association agreement in relation to the following processed agricultural products were repealed by algeria on 1 october 2012: algerian nomenclature description applied tariff (%) reduction in customs duties (%) preferential tariff quotas (tonnes) union code 2105.00.00 ice cream and other edible ice 30 20 3505.10.00 dextrins and other modified starches 15 100 the preferential quotas granted to the union in protocol no 2 to the association agreement in relation to the following agricultural products were replaced by algeria on 1 october 2012 as follows: algerian nomenclature description applied tariff (%) reduction in customs duties (%) preferential tariff quotas (tonnes) union code 0102.10.00 live bovine animals: pure-bred breeding animals 5 100 4 950 0102.10.00 1001.90.90 durum wheat, other than for sowing 5 100 403 000 1001.90.99 the preferential quotas granted to the union in protocol no 2 to the association agreement in relation to the agricultural products below were re-established in their entirety by algeria on 1 october 2012: algerian nomenclature description applied tariff (%) reduction in customs duties (%) preferential tariff quotas (tonnes) union code 0102.90.10 dairy cows 5 100 5 000 0102.90 0102.90.20 heifers in calf and female calves 5 0102.90.90 other 30 0406.90.10 other soft uncooked cheeses, and other pressed cheeses, half- or fully cooked 30 100 800 0406.90 (except 90.01 ) 0406.90.90 other cheeses (of italian and gouda style) 30 10.03.00.90 barley, other than for sowing 15 50 200 000 1003.00.90 1517.10.00 margarine, excluding liquid margarine 30 100 2 000 1517.10 1517.90.00 other 30 1517.90 1701.99.00 cane or beet sugar and chemically pure sucrose, other than raw, not containing added flavouring or colouring matter 30 100 150 000 1701.99

name: commission implementing decision (eu) 2018/638 of 23 april 2018 establishing emergency measures to prevent the introduction into and the spread within the union of the harmful organism spodoptera frugiperda (smith) (notified under document c(2018) 2291) type: decision_impl subject matter: agricultural policy; environmental policy; international trade; agricultural activity; trade policy; trade; africa; america; natural environment date published: 2018-04-25 25.4.2018 en official journal of the european union l 105/31 commission implementing decision (eu) 2018/638 of 23 april 2018 establishing emergency measures to prevent the introduction into and the spread within the union of the harmful organism spodoptera frugiperda (smith) (notified under document c(2018) 2291) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 2000/29/ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community (1), and in particular the third sentence of article 16(3) thereof, whereas: (1) spodoptera frugiperda (smith) (hereinafter: the specified organism), is listed in point 22 of section i(a) of part a of annex i to directive 2000/29/ec as a harmful organism not known to occur in the union. (2) specific measures to prevent the introduction into and the spread within the union of the specified organism are laid down in point 27.2 of section i of part a of annex iv to directive 2000/29/ec. those measures consist of special requirements concerning the introduction into the union of plants of dendranthema (dc.) des moul., dianthus l. and pelargonium l'h rit. ex ait., which may host the harmful organism. (3) the european food safety authority (efsa) has provided a scientific opinion on the pest categorisation of the specified organism, which was adopted on 28 june 2017 (2). furthermore, member states have submitted interception data of that organism on trading commodities. (4) in view of the recent introduction and spread of the specified organism in africa, its distribution in the americas and the interception data submitted by member states, certain other plants hosting the specified organism and originating in africa or in the americas (hereinafter: the specified plants), should be subject to specific measures when introduced into the union. (5) those specific measures should provide for timely detection of the specified organism in the union territory, requirements for the introduction into the union of the specified plants, including a phytosanitary certificate, as well as official checks at introduction of those plants into the union. member states should carry out annual surveys for the presence of the specified organism in their territories and should ensure that professional operators are informed about its potential presence and the measures to be taken. (6) those measures are necessary to ensure an enhanced protection of the union territory from the entry, establishment and spread of the specified organism. (7) in order to allow the responsible official bodies and the professional operators to adapt to those requirements, this decision should apply from 1 june 2018. (8) this decision should be temporary and apply until 31 may 2020 to allow for its review before that time. (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 definitions for the purposes of this decision, the following definitions shall apply: (a) specified organism means spodoptera frugiperda (smith); (b) specified plants means fruits of capsicum l., momordica l., solanum aethiopicum l., solanum macrocarpon l. and solanum melongena l., and plants, other than live pollen, plant tissue cultures, seeds and grains, of zea mays l. originating in africa or in the americas; (c) production site means a defined part of a place of production, that is managed as a separate unit for phytosanitary purposes. place of production means any premises or collection of fields operated as a single production or farming unit. article 2 detection or suspected presence of the specified organism 1. member states shall ensure that any person who suspects or becomes aware of the presence of the specified organism in their territory informs immediately the responsible official body and provides it with all relevant information concerning the presence, or suspected presence, of the specified organism. 2. the responsible official body shall immediately record such information. 3. where the responsible official body has been informed of the presence, or suspected presence, of the specified organism it shall take all necessary measures to confirm that presence, or the suspected presence. 4. member states shall ensure that any person having under its control plants which may be infested with the specified organism is immediately informed of the presence or the suspected presence of the specified organism, of the possible consequences and risks and of the measures to be taken. article 3 requirements for the introduction into the union of the specified plants the specified plants shall only be introduced into the union if the following requirements are fulfilled: (a) they shall be accompanied by a phytosanitary certificate, as referred to in article 13(1)(ii) of directive 2000/29/ec; (b) they shall comply with points (a), (b), (c), (d) or (e) of article 4 of this decision. the appropriate point shall be indicated in the phytosanitary certificate under the rubric additional declaration. in the case of points (c) and (d) of article 4, the phytosanitary certificate shall also indicate the information ensuring traceability, indicated under point (c)(iv); (c) on entry into the union, they shall be checked by the responsible official body in accordance with article 5 of this decision, and no presence of the specified organism shall be found. article 4 origin of the specified plants the specified plants shall fulfil the requirements set out in one of the following points: (a) they originate in a third country where the specified organism is not known to be present; (b) they originate in an area free from the specified organism, as established by the national plant protection organisation concerned, in accordance with the relevant international standards for phytosanitary measures; the name of that area shall be stated in the phytosanitary certificate under the rubric place of origin; (c) they originate in areas other than those referred to in points (a) and (b), and they comply with the following conditions: (i) the specified plants have been produced in a production site which is registered and supervised by the national plant protection organisation in the country of origin; (ii) official inspections have been carried out in the production site during the three months prior to export, and no presence of the specified organism has been detected on the specified plants; (iii) prior to their export, the specified plants have been subject to an official inspection and found free from the specified organism; (iv) information ensuring the traceability of the specified plants to their site of production has been ensured during their movement prior to export; (v) the specified plants have been produced in a production site which is provided with complete physical protection against the introduction of the specified organism; (d) they originate in areas other than those referred to in points (a) and (b), and they comply with points (c)(i to iv) and have been subjected to an effective treatment to ensure freedom from the specified organism; (e) they originate in areas other than those referred to in points (a) and (b), and they have been subjected to an effective post-harvest treatment to ensure freedom from the specified organism, and the treatment is indicated on the phytosanitary certificate. article 5 official checks at introduction into the union 1. all consignments of specified plants introduced into the union shall be officially checked at the point of entry into the union or at the place of destination determined in accordance with commission directive 2004/103/ec (3). 2. the responsible official body shall carry out the following checks: (a) a visual inspection and (b) in the case of suspicion of the presence of the specified organism, sampling and identification of the organism found. article 6 surveys of the specified organism in the territories of the member states 1. member states shall conduct annual surveys for the presence of the specified organism on host plants in their territory. 2. those surveys shall be carried out by the responsible official body, or under official supervision of the responsible official body. they shall at least include the use of appropriate traps, such as pheromone or light traps, and, in the case of any suspicion of infestation by the specified organism, collection of samples and identification. those surveys shall be based on sound scientific and technical principles and shall be carried out at appropriate times of the year with regard to the possibility to detect the specified organism. 3. each member state shall notify to the commission and the other member states, by 30 april of each year, the results of the surveys carried out in the previous calendar year. article 7 date of application this decision shall apply from 1 june 2018. article 8 date of expiration this decision shall apply until 31 may 2020. article 9 addressees this decision is addressed to the member states. done at brussels, 23 april 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 169, 10.7.2000, p. 1. (2) efsa journal 2017;15(7):4927. (3) commission directive 2004/103/ec of 7 october 2004 on identity and plant health checks of plants, plant products or other objects, listed in part b of annex v to council directive 2000/29/ec, which may be carried out at a place other than the point of entry into the community or at a place close by and specifying the conditions related to these checks (oj l 313, 12.10.2004, p. 16).

name: commission implementing decision (eu) 2018/636 of 17 april 2018 on the identification of dicyclohexyl phthalate (dchp) as a substance of very high concern according to article 57(c) and (f) of regulation (ec) no 1907/2006 of the european parliament and of the council (notified under document c(2018) 2167) (text with eea relevance. ) type: decision_impl subject matter: health; chemistry; deterioration of the environment date published: 2018-04-25 25.4.2018 en official journal of the european union l 105/25 commission implementing decision (eu) 2018/636 of 17 april 2018 on the identification of dicyclohexyl phthalate (dchp) as a substance of very high concern according to article 57(c) and (f) of regulation (ec) no 1907/2006 of the european parliament and of the council (notified under document c(2018) 2167) (only the english 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 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), 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 (1), and in particular article 59(9) thereof, whereas: (1) in accordance with article 59(3) of regulation (ec) no 1907/2006, on 17 february 2016 sweden submitted to the european chemicals agency (the agency) a dossier prepared in accordance with annex xv to that regulation (annex xv dossier) for the identification of dicyclohexyl phthalate (dchp) (ec no 201-545-9, cas no 84-61-7) as a substance of very high concern in accordance with article 57(c) and (f) of that regulation, due respectively to its classification as toxic for reproduction category 1b under regulation (ec) no 1272/2008 of the european parliament and of the council (2), and to its endocrine disrupting properties for which there is scientific evidence of probable serious effects to human health or the environment which give rise to an equivalent level of concern to those of other substances listed in paragraphs (a) to (e) of article 57. (2) on 9 june 2016 the member state committee of the agency (msc) adopted its opinion (3) on the annex xv dossier. before the msc adopted its opinion, sweden withdrew its proposal to identify dchp under article 57(f) of regulation (ec) no 1907/2006 due to its endocrine disrupting properties for which there is scientific evidence of probable serious effects to the environment, in order to further elaborate on the justifications provided in the dossier. (3) the msc reached a unanimous agreement on the identification of dchp as a substance of very high concern because it meets the criteria of article 57(c) of regulation (ec) no 1907/2006. (4) the msc unanimously acknowledged that for dchp there is scientific evidence on the endocrine activity and on the link between this activity and the adverse effects to human health, and, further, that the substance can be considered an endocrine disruptor for human health as it fulfils the who/ipcs definition for an endocrine disruptor. (5) however, the msc did not reach unanimous agreement on the identification of dchp under article 57(f) of regulation (ec) no 1907/2006 as giving rise to an equivalent level of concern to those of other substances listed in points (a) to (c) of that article due to endocrine disrupting properties in relation to human health. according to five members of the msc, the effects for human health pointed out in the annex xv dossier were the same effects, caused by the same mode of action, as those already taken into account in the dossier for identification of the substance as a substance of very high concern in accordance with article 57(c) due to the adverse effects on development. (6) on 22 june 2016, pursuant to article 59(9) of regulation (ec) no 1907/2006, the agency referred the msc opinion to the commission for a decision on the identification of dchp on the basis of article 57(f). (7) the commission notes the unanimous agreement in the msc that dchp has endocrine disrupting properties and that the adverse effects caused by this mode of action are the same effects that led to its classification as toxic for reproduction and to the proposal for its identification as a substance of very high concern according to article 57(c) of regulation (ec) no 1907/2006. the commission also notes that the majority of members of the msc considered that the level of concern of those effects is equivalent to those of substances referred to in article 57 (a) to (e). (8) the commission notes that article 57 does not preclude identifying a substance as being of very high concern several times based on more than one intrinsic property causing the same effect on human health and relying on the same scientific evidence. this approach was also followed for the identification of bis(2-ethylhexyl) phthalate (dehp), dibutyl phthalate (dbp), benzyl butyl phthalate (bbp) and diisobutyl phthalate (dibp) in accordance with article 57(f) of reach (4). (9) therefore dchp should be identified under article 57 (c) as a substance of very high concern meeting the criteria for classification as toxic for reproduction category 1b under regulation (ec) no 1272/2008 and under article 57(f) due to its endocrine disrupting properties with probable serious effects to human health. (10) this decision is without prejudice to the outcome of the on-going activities related to the definition of criteria for the identification of endocrine disruptors in accordance with the provisions of regulation (ec) no 1107/2009 of the european parliament and of the council (5). (11) the measures provided for in this decision are in accordance with the opinion of the committee established under article 133 of regulation (ec) no 1907/2006, has adopted this decision: sole article 1. dicyclohexyl phthalate (dchp) (ec no 201-545-9, cas no 84-61-7) is identified in accordance with article 57(c) of regulation (ec) no 1907/2006 due to its classification as toxic for reproduction category 1b under regulation (ec) no 1272/2008, and in accordance with article 57(f) of regulation (ec) no 1907/2006, due to its endocrine disrupting properties with probable serious effects to human health. 2. the substance shall be included in the candidate list referred to in article 59(1) of regulation (ec) no 1907/2006 with the following indication under reason for inclusion: toxic for reproduction (article 57(c)); endocrine disrupting properties (article 57(f) - human health). this decision is addressed to the european chemicals agency. done at brussels, 17 april 2018. for the commission el bieta bie kowska member of the commission (1) oj l 396, 30.12.2006, p. 1. (2) 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 (oj l 353, 31.12.2008, p. 1). (3) https://echa.europa.eu/documents/10162/a0ed7099-d284-45e4-87ae-9984c71024c8 (4) commission implementing decision (eu) 2017/1210 of 4 july 2017 on the identification of bis(2-ethylhexyl) phthalate (dehp), dibutyl phthalate (dbp), benzyl butyl phthalate (bbp) and diisobutyl phthalate (dibp) as substances of very high concern according to article 57(f) of regulation (ec) no 1907/2006 of the european parliament and of the council (oj l 173, 6.7.2017, p. 35). (5) regulation (ec) no 1107/2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing directives 79/117/eec and 91/414/eec (oj l 309, 24.11.2009, p. 1).

name: council decision (eu) 2018/615 of 16 april 2018 amending decision 1999/70/ec concerning the external auditors of the national central banks, as regards the external auditors of the banque de france type: decision subject matter: accounting; monetary relations; europe; monetary economics date published: 2018-04-23 23.4.2018 en official journal of the european union l 102/9 council decision (eu) 2018/615 of 16 april 2018 amending decision 1999/70/ec concerning the external auditors of the national central banks, as regards the external auditors of the banque de france 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 9 march 2018 to the council of the european union on the external auditors of the banque de france (ecb/2018/9) (1), whereas: (1) the accounts of the european central bank (ecb) and 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 of the european union. (2) pursuant to article l.142-2 of the monetary and financial code, the general council of the banque de france is to appoint two statutory auditors to audit the accounts of the banque de france. (3) the mandate of the banque de france's external auditors expired following the audit for the financial year 2017. it is therefore necessary to appoint external auditors as from the financial year 2018. (4) the banque de france has selected mazars and kpmg s.a. as its external auditors for the financial years 2018 to 2023. (5) the governing council of the ecb recommended that mazars and kpmg s.a. be jointly appointed as the external auditors of the banque de france for the financial years 2018 to 2023. (6) 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 4 is replaced by the following: 4. mazars and kpmg s.a. are hereby approved as the external auditors of the banque de france for the financial years 2018 to 2023. article 2 this decision shall take effect on the day of its notification. article 3 this decision is addressed to the ecb. done at luxembourg, 16 april 2018. for the council the president f. mogherini (1) oj c 107, 22.3.2018, 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: commission implementing decision (eu) 2018/618 of 19 april 2018 amending implementing decision 2012/535/eu as regards measures to prevent the spread within the union of bursaphelenchus xylophilus (steiner et buhrer) nickle et al. (the pine wood nematode) (notified under document c(2018) 2227) type: decision_impl subject matter: agricultural policy; wood industry; forestry; environmental policy; agricultural activity; european union law; management; europe; natural and applied sciences date published: 2018-04-23 23.4.2018 en official journal of the european union l 102/17 commission implementing decision (eu) 2018/618 of 19 april 2018 amending implementing decision 2012/535/eu as regards measures to prevent the spread within the union of bursaphelenchus xylophilus (steiner et buhrer) nickle et al. (the pine wood nematode) (notified under document c(2018) 2227) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 2000/29/ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community (1), and in particular the fourth sentence of article 16(3) thereof, whereas: (1) the number of susceptible plants affected by extensive fires in the buffer zone of continental portugal in 2017 reached exceptional proportions. as a result, the number of declining trees that need to be felled, removed and disposed has abruptly increased in a sudden and unexpected manner to approximately 1,5 million trees. despite the fact that portuguese authorities have gradually increased their capacity to deal with up to 300 000 trees per year and are expected to continue to increase their capacities in accordance with the growing needs, it would be impossible for them to proceed with the felling, removal and disposal of all those newly declined trees within the legal deadlines, as required by commission implementing decision 2012/535/eu (2). (2) therefore and on request of portugal, a temporary derogation from the legal provisions laid down under point 3(b) of annex ii to that decision should be introduced, to provide portugal with the possibility to complete those felling activities in the buffer zone concerned within a longer period, but no later than 31 march 2020. this would provide the appropriate additional time to the portuguese authorities to proceed with the necessary felling activities, the volume of which significantly increased due to the scale of those fires. (3) that derogation should be subject to the submission of an annual action plan by portugal, to ensure a well prepared and co-ordinated action. the action plan should detail the susceptible plants at higher risk of infection by pine wood nematode (pwn) which require quicker actions, the necessary resources to be allocated and other relevant details, such as the measures to be implemented to mitigate the risk of pwn infestation while waiting for the felling, removal and disposal of those plants, including intensified survey activities of susceptible plants and the vectors for the early detection of the presence of pwn and the deadlines for their implementation. the level of risk posed by those plants should be assessed on an annual basis and the action plan should be updated accordingly, in order to treat with priority the plants presenting the highest risk of causing spread of pwn. (4) implementing decision 2012/535/eu 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 implementing decision 2012/535/eu is amended as set out in the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 19 april 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 169, 10.7.2000, p. 1. (2) commission implementing decision 2012/535/eu of 26 september 2012 on emergency measures to prevent the spread within the union of bursaphelenchus xylophilus (steiner et buhrer) nickle et al. (the pine wood nematode) (oj l 266, 2.10.2012, p. 42). annex point 3(b) of annex ii to implementing decision 2012/535/eu is replaced by the following: (b) member states shall, throughout the buffer zones concerned, identify and fell all susceptible plants which are dead, in poor health or affected by fire or storm. they shall remove and dispose of plants felled and logging remains, taking all necessary precautions to avoid spreading of pwn and its vector before, during felling and until disposal of plants felled and logging remains, under the following conditions. (i) susceptible plants identified outside the flight season of the vector shall, before the next flight season, be felled and destroyed on site, moved under official control into the infested zone or removed. in the last case the wood and bark of those plants shall either be treated, as set out in point 2(a) of section 1 of annex iii, or processed, as set out in point 2(b) of section 2 of annex iii. (ii) susceptible plants identified during the flight season of the vector shall, immediately, be felled and destroyed on site, moved under official control into the infested zone or removed. in the last case the wood and bark of those plants shall either be treated, as set out in point 2(a) of section 1 of annex iii, or processed, as set out in point 2(b) of section 2 of annex iii. where a member state concludes that the felling, removal and disposal of susceptible plants identified during the flight season and affected by fire or storm is inappropriate, the member state concerned may decide to proceed with the felling, removal and disposal of those plants before the start of the next flight season. during such felling and removal, the susceptible plants concerned shall be either destroyed on site or removed and their wood and bark treated, in accordance with point 2(a) of section 1 of annex iii, or processed, in accordance with point 2(b) of section 2 of annex iii. where this derogation applies, and without prejudice to point (a), the member state concerned shall, within the flight season, perform intensive surveys in the area affected by fire or storm by sampling and testing those vectors for the presence of pwn and, if confirmed, perform intensified surveys of the susceptible plants located in the surrounding area, by inspecting, sampling and testing those plants which show signs or symptoms of the presence of pwn. by way of derogation from points (i) and (ii), portugal may decide to proceed with the felling, removal and disposal of the susceptible plants, which are officially designated by the responsible official body as being affected by fire in 2017, within a longer period, and at the latest by 31 march 2020. for the purpose of that felling, removal and disposal within that period, priority shall be given to the susceptible plants located in the following areas: areas adjacent to the infested zone; areas where there are signs of activity of insect vectors; areas with an increased rate of declining trees indicating possible presence of pwn; any other areas presenting the highest risk of pwn infestation. those susceptible plants shall be felled and destroyed on site, moved under official control into the infested zone or removed. in that case, the wood and bark of those plants shall be either treated as set out in point 2(a) of section 1 of annex iii, or processed as set out in point 2(b) of section 2 of annex iii. the susceptible plants which cannot be used by the insect vector for the completion of its life cycle may be retained on the site without being destroyed. portugal shall submit, by 31 may 2018, an annual action plan to the commission and the member states containing the maps indicating the location of the fire affected plants in the buffer zone, the location of the areas referred to in the second subparagraph and the justification for that selection, the measures to be implemented to mitigate the risk of pwn infestation while waiting for the felling, removal and disposal of those plants, including intensified survey activities of susceptible plants and the vectors for the early detection of the presence of pwn, the resources needed and the relevant deadlines to complete those measures. portugal shall submit, by 31 may 2019, one more annual action plan with the same content. the level of risk posed by those plants shall be assessed on an annual basis and the action plan shall be updated as appropriate. the activities foreseen within that action plan shall be taken into account when preparing the general action plan referred to in article 9. portugal shall submit to the commission and the member states a report on the annual results, including the outcome of the intensified surveys on vectors, and any update of that action plan by 30 april of the year following the year concerned. felled susceptible plants, other than plants completely destroyed by forest fires, shall be sampled and tested for the presence of pwn, according to a sampling scheme able to confirm with 99 % reliability that the level of presence of pwn in those susceptible plants is below 0,02 %.

name: commission implementing decision (eu) 2018/619 of 20 april 2018 not approving phmb (1415; 4.7) as an existing active substance for use in biocidal products of product-types 1, 5 and 6 (text with eea relevance. ) type: decision_impl subject matter: chemistry; natural environment; food technology; health; marketing date published: 2018-04-23 23.4.2018 en official journal of the european union l 102/21 commission implementing decision (eu) 2018/619 of 20 april 2018 not approving phmb (1415; 4.7) as an existing active substance for use in biocidal products of product-types 1, 5 and 6 (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 528/2012 of the european parliament and of the council of 22 may 2012 concerning the making available on the market and use of biocidal products (1), and in particular article 89(1) thereof, whereas: (1) commission delegated regulation (eu) no 1062/2014 (2) establishes a list of existing active substances to be evaluated for their possible approval for use in biocidal products. that list includes phmb (1415; 4.7) (ec no: n.a., cas no: 32289-58-0 and 1802181-67-4). (2) phmb (1415; 4.7) has been evaluated for use in products of product-type 1, human hygiene, 5, drinking water, and 6, preservatives for products during storage, as described in annex v to regulation (eu) no 528/2012. (3) france was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 13 december 2016. (4) in accordance with article 7(2) of delegated regulation (eu) no 1062/2014, the opinions of the european chemicals agency were formulated on 4 october 2017 by the biocidal products committee, having regard to the conclusions of the evaluating competent authority. (5) according to those opinions, biocidal products used for product-types 1, 5 and 6 containing phmb (1415; 4.7) may not be expected to satisfy the requirements laid down in article 19(1)(b) of regulation (eu) no 528/2012. for those product-types, the scenarios evaluated in the human health and environmental risk assessments identified unacceptable risks. (6) it is therefore not appropriate to approve phmb (1415; 4.7) for use in biocidal products of product-types 1, 5 and 6. (7) the measures provided for in this decision are in accordance with the opinion of the standing committee on biocidal products, has adopted this decision: article 1 phmb (1415; 4.7) (ec no: n.a., cas no: 32289-58-0 and 1802181-67-4) is not approved as an active substance for use in biocidal products of product-types 1, 5 and 6. 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, 20 april 2018. for the commission the president jean-claude juncker (1) oj l 167, 27.6.2012, p. 1. (2) commission delegated regulation (eu) no 1062/2014 of 4 august 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in regulation (eu) no 528/2012 of the european parliament and of the council (oj l 294, 10.10.2014, p. 1).

name: commission implementing decision (eu) 2018/621 of 20 april 2018 on the technical specifications for the copernicus space component pursuant to regulation (eu) no 377/2014 of the european parliament and of the council (text with eea relevance. ) type: decision_impl subject matter: technology and technical regulations; mechanical engineering; research and intellectual property; air and space transport; european construction date published: 2018-04-23 23.4.2018 en official journal of the european union l 102/56 commission implementing decision (eu) 2018/621 of 20 april 2018 on the technical specifications for the copernicus space component pursuant to regulation (eu) no 377/2014 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 (eu) no 377/2014 of the european parliament and of the council of 3 april 2014 establishing the copernicus programme and repealing regulation (eu) no 911/2010 (1), and in particular article 9(8)(b) thereof, whereas: (1) the copernicus programme, which was established by regulation (eu) no 377/2014, is a civil, user driven programme, building on the existing national and european capacities, with the overarching operational objective to provide accurate and reliable information in the field of the environment and security, tailored to the needs of users and supporting other union policies, more specifically relating to the internal market, transport, environment, energy, civil protection and civil security, cooperation with third countries and humanitarian aid. (2) pursuant to regulation (eu) no 377/2014, copernicus consists of three components, including a space component the purpose of which is to ensure sustainable space-borne observations for the following service areas: atmosphere monitoring, marine environment monitoring, land monitoring, climate change, emergency management and security. the commission has the overall responsibility for copernicus and coordinates its different components. (3) the technical specifications for the copernicus space component are necessary to establish a baseline for the implementation and evolution of the space component as part of the governance of copernicus. (4) the technical specifications for the copernicus space component should address aspects such as completion and operation of dedicated missions, reception, processing, archiving and dissemination of data, provision, archiving and dissemination of contributing mission data complementing dedicated mission data, and the process to ensure the evolution of the system. (5) the development of the copernicus space component started under the global monitoring for environment and security (gmes) space component programme which includes funding from european space agency (esa) and the commission. the technical specifications for the copernicus space component should cover the entire space component, with a specific focus on the activities funded under regulation (eu) no 377/2014. (6) the copernicus space component as a whole is funded through multiple agreements. these include the agreements concluded under the esa gmes space component programme, the copernicus agreement, the jason-cs and jason-3 optional programme of european organisation for the exploitation of meteorological satellites (eumetsat). activities funded under the esa gmes space component programme include the development of the sentinel-1, -2, and -3 satellite a and b units, sentinel-5p, sentinel-4 a and b units and the sentinel-5, -6 a units. sentinel-6 is co-funded by eumetsat under the eumetsat optional jason-cs programme. (7) the measures provided for in this decision are in accordance with the opinion of the copernicus committee, has adopted this decision: article 1 technical specifications for the copernicus space component the technical specifications for the copernicus space component referred to in article 6 of regulation (eu) no 377/2014, regarding its implementation and evolution on the basis of user requirements, as set out in the annex, are hereby adopted. article 2 entry into force 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, 20 april 2018. for the commission the president jean-claude juncker (1) oj l 122, 24.4.2014, p. 44. annex 1. scope of the space component technical specifications the copernicus space component shall include the following activities: (a) development, launch and operations of dedicated copernicus satellites (sentinels); (b) processing and generation of sentinel data products based on the acquired data; (c) data dissemination; (d) procurement and delivery of data from third party satellite missions (copernicus contributing missions), in case data requested by the copernicus services cannot be provided by the sentinels. the satellite data products shall be used by the copernicus services and other users who, in combination with data from multiple sources, convert the data into uniform geophysical variables or higher level information products. the copernicus space component shall be designed following data and observation requirements from the copernicus core users (union institutions and bodies, european, national, regional or local authorities active in the domain of atmosphere monitoring, marine environment monitoring, land monitoring, climate change, emergency management and security). they shall form the basis for the definition of the copernicus space component system requirements. the copernicus requirements for space-based earth observation data covering the 2014-2020 period shall be documented in the data warehouse requirements document (version 2.x). it shall contain the requirements collected from copernicus services and copernicus users requesting earth observation data. the updates of the document shall be taken into account for the evolution of the copernicus space component. the data requirements are set out in table 1. table 1 summary table of the copernicus services dataset requirements main data requirement (1) potential copernicus data sources land pan-european (eea39) high resolution (hr) cloud free image coverage dedicated missions contributing missions full european very high resolution (vhr) coverage over europe (eea39) contributing missions optical worldwide high resolution coverage dedicated missions optical medium resolution worldwide coverage dedicated missions contributing missions sar medium resolution worldwide coverage dedicated missions sar low resolution coverage contributing missions sar altimetry medium resolution worldwide coverage dedicated missions marine sea ice monitoring medium resolution sar dedicated missions contributing missions global/regional systematic ocean colour data dedicated missions contributing missions systematic global and regional sea surface temperature data dedicated missions contributing missions systematic global and regional altimeter/sea level data dedicated missions contributing missions atmosphere data for aerosol monitoring and forecasting dedicated missions contributing missions data for sulphur dioxide (so2) atmospheric composition monitoring and forecasting dedicated missions contributing missions data for formaldehyde (hcho) atmospheric composition monitoring and forecasting dedicated missions contributing missions data for ozone (o3) atmospheric composition monitoring and forecasting dedicated missions contributing missions data for carbon monoxide (co) atmospheric composition monitoring and forecasting dedicated missions contributing missions data for carbon dioxide (co2) atmospheric composition monitoring and forecasting dedicated missions contributing missions data for methane (ch4) atmospheric composition monitoring and forecasting dedicated missions contributing missions data for nitrogen dioxide (no2) atmospheric composition monitoring and forecasting dedicated missions contributing missions climate data for deriving essential climate variables (ecvs) dedicated missions contributing missions emergency datasets with flexible specifications (rush mode, standard mode, high/very high resolution, optical/sar, archive/new acquisitions) dedicated missions contributing missions 2. copernicus space component overview 2.1. general the copernicus space component (csc) shall ensure an autonomous capacity of space borne observations to meet the objectives of the copernicus programme, serving primarily the copernicus service component. the space component shall consist of a space segment of satellite missions and a ground segment to support these missions. the space segment shall comprise two types of satellite missions, namely: (1) dedicated satellite missions, called the sentinels, organised into six different families, which are: sentinel-1, -2 and -3 (each 4 units, full operation capacity consisting of 2 units flying simultaneously, replaced by 2 units to ensure continuity of observations), sentinel- 4 (2 units), sentinel-5 (3 units), and sentinel-6 (2 units). additionally jason-3 and sentinel-5p are developed by third parties but operated by copernicus; (2) third party missions, consisting of earth observation satellites of european, national or commercial organisations, i.e. the copernicus contributing missions (ccm). the ground segment shall operate the sentinel missions, receive data from the satellites, process, archive and distribute them to the copernicus services and user communities, and generate a coordinated data stream to satisfy copernicus data needs. the copernicus space component shall include the following activities: (a) provision of space-borne observations from the dedicated missions. this includes the completion, maintenance, operation, validation and calibration of the sentinels and related ground segment and data products and the protection of necessary frequency spectra; (b) provision, archiving and dissemination of contributing mission data; (c) preparatory activities related to the evolution of the space component in response to evolving needs, including the specification of new dedicated missions; (d) protection of satellites against the risk of collision; (e) safe decommissioning of the satellites at the end of life. 2.2. copernicus space component financing activities funded under regulation (eu) no 377/2014 shall include the operations of all sentinels and jason-3, procurement of the sentinel-1, -2, -3 c and d units, procurement of sentinel-5 b and c units, procurement of the sentinel-6b unit, launch services, data dissemination and the procurement of contributing mission data. activities funded under the copernicus agreement shall be closely interlinked with the activities funded by the esa gmes space component programme and the eumetsat jason-3, -cs optional programmes. 2.3. governance and implementation the implementation of most copernicus space component activities shall be delegated to esa and eumetsat. the activities delegated to esa shall include the overall technical coordination of the space component and the definition of the overall architecture of the space component. esa shall be entrusted with the following tasks: (a) procurement and development of the recurrent c and d units of sentinel-1, -2, and -3 satellites; (b) procurement of the b and c units of the sentinel-5 instrument; (c) procurement of the sentinel-6b unit; (d) procurement of launch services and launch preparation (including activities from flight acceptance review to in orbit commissioning review); (e) operations of the copernicus space component specified in section 3.5; (f) data circulation and network services operations; (g) dissemination of sentinel-1, -2, -3 (partim land), and sentinel-5p data, as well as data and information access services; (h) data access procurement from copernicus contributing missions; (i) maintenance of relevant copernicus space component elements; (j) evolution of relevant space component elements; (k) support to the commission in establishing user requirements, service specifications and service data requirements for the space infrastructure. the activities delegated to eumetsat shall include the operation of dedicated missions and ensuring access to contributing mission data in line with its mandate and expertise. eumetsat shall be entrusted with the following tasks: (a) operations and maintenance of the sentinel-3 satellite series in coordination with esa; (b) operations and maintenance of the sentinel-4 and sentinel-5 instruments included on the mtg and metop-sg satellites; (c) operations and maintenance of the jason-3 satellite based on the cooperation with partner organisations; (d) operation and maintenance of the sentinel-6 mission in coordination with esa and other partner organisations; (e) provision of the ground segment, data access operations and data dissemination for jason-3, sentinel-3 (partim marine), -4, -5, and -6, as well as data and information access services; (f) maintenance and evolution of the ground segment and infrastructure; (g) provision of relevant data from selected contributing missions related to marine, atmosphere and climate change services; (h) support to esa for the development, launch and early orbit phase of the c and d units of sentinel-3 and the b unit of sentinel-6; (i) support to esa for the development of the b and c units of sentinel-5; (j) support to the commission in establishing user requirements, service specifications and service data requirements (upon request and subject to additional funding by the commission); (k) support to the copernicus climate change monitoring service, reprocessing of eumetsat and agreed copernicus and third party data (upon request and subject to additional funding by the commission). the management of these activities shall include the day-to-day operational interactions with the relevant services providers and users, the management of risks, the communication activities and support to the commission in its interactions with copernicus stakeholders. coordination between esa and eumetsat shall be managed through a joint operations management plan (jomp). 2.4. indicative deployment schedule the csc space segment activities and tasks with relevance to the mff (2014-2020) funding shall be implemented in a multi-annual perspective, in particular the procurement programme of the recurrent units. the major milestones for the csc component shall include the milestones and accomplishments as depicted in the following figure. figure 1 indicative schedule for the copernicus space component activities the schedule shall be updated following the technical implementation of activities and evaluation of programmatic options. 2.5. copernicus data and information policy the use of the data shall be subject to a legal notice which shall indicate that: (a) users have a free, full and open access to copernicus sentinel data and service information without any express or implied warranty, including as regards quality and suitability for any purpose; (b) union law grants free access to copernicus sentinel data and service information for the purpose of the following use in so far as it is lawful: (1) reproduction; (2) distribution; (3) communication to the public; (4) adaptation, modification and combination with other data and information; (5) any combination of points (1) to (4). (c) by using sentinel data or service information the user shall acknowledge that these conditions are applicable to him/her and that the user renounces to any claims for damages against the union and the providers of that data and information. 2.6. standards the spatial data products and information generated within the copernicus space component activities shall be compatible and interoperable with the data and spatial information systems provided by member states in accordance with directive 2007/2/ec of the european parliament and of the council (2) and commission regulations (ec) no 1205/2008 (3), (eu) no 1089/2010 (4) and (ec) no 976/2009 (5). 2.7. monitoring and evaluation implementation of the csc activities shall be monitored by the commission. both esa and eumetsat shall report on the progress of the implementation of the activities entrusted to them on a quarterly basis. the commission shall process the reports and shall request clarifications in case needed. the quarterly reports shall contain, amongst others, key performance indicators (kpis) which shall be used to monitor the implementation of the copernicus space component. kpis shall include: (a) number of sentinel missions and number of flying sentinel units; (b) number of missions having reached full operational capacity (2 units flying simultaneously in the case of sentinel1, -2, and -3); (c) number of recurrent units under development; (d) availability of sentinel units and instruments; (e) volume of data distributed to users; (f) number of users; (g) end-to-end availability and continuity of the sentinel data access service; (h) end-to-end availability of contributing mission data access service; (i) data access volume from copernicus contributing missions; (j) licenses signed regarding copernicus contributing missions; (k) timeliness of data delivery; (l) user support and help desk performance. kpis shall be reported by both eumetsat and esa in accordance with their entrusted activities. apart from the operational monitoring of the performance of the space component, the achievement of the objectives of all the tasks financed by copernicus at the level of their results and impacts, their european added value and on the efficiency of the use of resources shall be evaluated. this evaluation shall be conducted in close cooperation with the copernicus operators (esa and eumetsat for the space component) and the copernicus users. 3. dedicated copernicus missions (sentinels) 3.1. general the dedicated missions shall consist of a space segment and a ground segment, each with its own functions and characteristics. the space segment shall include the satellite and/or instrument and the ground segment shall include all infrastructure located on the earth, including receiving stations, processing centres, flight operations segments and mission performance centres. the ground segment assets under control of esa shall be provided as a service. operations of both the space and ground segment shall be copernicus funded. a detailed description of all technical elements of the copernicus space component shall be made publicly available. 3.2. space segment sentinel missions 3.2.1. space segment general description the dedicated sentinel missions shall carry a range of technologies, including radar and multispectral imaging instruments for land, ocean and atmospheric monitoring. they shall be developed by esa and organised into six different mission families. sentinel-1 mission: shall comprise a constellation of at least two polar-orbiting satellites to reach full operational capacity (foc), operating day and night performing c-band synthetic aperture radar imaging, enabling them to acquire imagery regardless of the weather; sentinel-2 mission: shall comprise a constellation of at least two two polar-orbiting satellites aiming to monitor variability in land surface conditions supporting the monitoring of changes to vegetation within the growing season; sentinel-3 mission: shall comprise a constellation of at least two polar-orbiting satellites with the objective to monitor oceans and land masses globally. sentinel-3 partim marine shall measure sea surface topography, sea surface temperature, and ocean surface colour to support ocean forecasting systems, environmental monitoring and climate monitoring. sentinel-3 partim land shall measure land and inland water surface height, land surface temperature and land surface colour; sentinel-4 mission: sentinel-4 shall monitor key air quality trace gases and aerosols over europe in support of the copernicus atmosphere monitoring service (cams) at high spatial resolution and with a fast revisit time. sentinel-4 shall be implemented as part of the geostationary eumetsat meteosat third generation satellite system. the sentinel-4 instruments shall be hosted on the eumetsat satellites mtg-s-1 (sentinel-4a) and mtg-s-2 (sentinel-4b), with an expected 15,5 years of operations for both satellites combined; sentinel-5 mission: sentinel-5 shall provide accurate measurements of key atmospheric constituents such as ozone, nitrogen dioxide, sulphur dioxide, carbon monoxide, methane, formaldehyde, and aerosol properties. sentinel-5 shall be implemented as part of the eumetsat polar system of second generation (eps-sg). the sentinel-5 instruments shall be hosted on the eumetsat satellites metop-sg-a-1, metop-sg-a-2, metop-sg-a-3 (each with a design lifetime of 7,5 years and hosting sentinel-5a, -5b, -5c respectively). sentinel-5p (6) shall be the precursor mission to sentinel-5; sentinel-6 mission: shall be a radar altimeter mission, with the objective of providing high-precision measurements of global sea-level as a reference altimetry mission. sentinel-6 shall consist of 2 units (a and b, each with a design lifetime of 5 years) covering 10 years of observations. sentinel-1, sentinel-2 and sentinel-3 shall consist each of 4 satellites, whereby 2 units are needed to reach full operational capacity (foc) and 2 units shall ensure recurrent observation capacity after the end-of-life of the first 2 units. the operations of jason-3 (7) shall be included in the copernicus space component to provide continuity of observations between jason-2 and sentinel-6 as a reference altimetry mission. the characteristics of the copernicus dedicated missions shall be as specified in table 2. table 2 copernicus dedicated missions characteristics sentinel mission main characteristic and purpose number of units payloads satellite orbit approximate period of operations (8) sentinel-1 radar mission 4 units (a, b, c, d), two units are flying in parallel for full capacity c-band sar payload with centre frequency of 5,405 ghz (4 polarisations) and 4 modes: strip map mode with 80 km swath and 5 5 metre spatial resolution interferometric wide swath mode with 250 km swath and 5 20 metre spatial resolution extra-wide swath mode with 400 km swath and 20 40 m spatial resolution wave mode with 5 5 metre spatial resolution at 100 km along the orbit sun-synchronous orbit at approximately 693 km a, b: 2014 2022 c, d: 2022-2030 sentinel-2 high resolution optical mission for land imaging 4 units (a, b, c, d), two units are flying in parallel for full capacity msi multi spectral imager with 13 multispectral channels between 400 nm and 2 300 nm, spectral resolution between 1 nm and 180 nm and spatial resolutions of 10 m, 20 m and 60 m. includes an optical communication payload for mission data relay through edrs. sun-synchronous orbit at approximately 786 km a, b: 2015 2023 c, d: 2023-2030 sentinel-3 global ocean and land imaging 4 units (a, b, c, d), two units are flying in parallel for full capacity olci ocean and land colour instrument with 21 bands and spatial resolution of 300 m slstr sea and land surface temperature radiometer with 9 bands and spatial resolution of 500 m (vis, swir) and 1 km (mwir, tir) (9) sral sar radar altimeter with dual cx and ku bands mwr microwave radiometer, with an operation frequency in dual 23,8 ghz and 36,5 ghz sun-synchronous orbit at approximately 814,5 km a, b: 2016 2023 c, d: 2023-2030 sentinel-4 atmospheric monitoring 2 instruments (a, b), on board consecutive meteosat third generation sounder satellites the sentinel-4 instrument is a high-resolution imaging spectrometer (spatial resolution of 8 8 km) covering three wavelength bands: ultraviolet (305-400 nm) visible (400-500 nm) near-infrared (750-775 nm) on board meteosat third generation satellites in geostationary orbit at approximately 35 786 km. coverage of europe and north africa with a repeat cycle of about 60 minutes 2022 - 2040 sentinel-5 atmospheric monitoring 3 units (a, b, c), on board consecutive metop second generation a satellites the sentinel-5 uvns instrument is a high resolution spectrometer (spatial resolution about 7 km), covering the following wavelength bands: ultraviolet (270-370 nm) visible (370-500 nm) near-infrared (685-773 nm) short-wave infrared (1 590 -1 675 ; 2 305 -2 385 nm) part of the eumetsat polar system of second generation (eps-sg) at approximately 817 km 2022-2040 sentinel-5p atmospheric monitoring precursor satellite for sentinel-5 tropomi tropospheric monitoring instrument with 4 channels in the following spectral ranges: 270-500 nm, 675-775 nm, 2 305 -2 385 nm and spatial resolution of 7 7 km sun-synchronous orbit at approximately 824 km 2017 - 2024 sentinel-6 high precision ocean altimetry 2 units (a, b) poseidon-4 sar radar altimeter amrc-c climate-quality microwave radiometer, a noaa/jpl contribution non-sun-synchronous at approximately 1 336 km a: 2020 2025 b: 2025 - 2030 3.2.2. space segment activities esa shall be responsible for the procurement and launch of the following satellites and instruments: (a) development of the c and d units of sentinel-1, -2, and -3; (b) sentinel-5b and -5c instruments; (c) sentinel-6b unit; (d) launch services. development and procurement of the sentinel-1, -2, -3 c/d units esa shall be responsible for the procurement, development and flight acceptance review of the sentinel-1, -2, -3 c and d units. in addition, the launch preparation activities of the c units shall be covered by copernicus, in case they occur before 31 december 2021. the c and d units shall be procured with equivalent technical specifications as the a and b units to ensure technical and operational consistency. however, the development of the a, b and c, d units shall take into account hardware obsolescence due to the time difference with the development of the a and b units. the sentinel-1 c and d units should be equipped with an automatic identification system (ais) instrument to augment the sar payload data for ship marine traffic applications and all c and d units shall be equipped with gnss receivers. the sentinel-1 and -2 c and d units shall include an optical communication payload and the sentinel-3 c and d units shall include a doris payload, all procured as part of the contract and financed within copernicus. development and procurement of the sentinel-5b and -5c instruments esa shall be responsible for the procurement, development and support of the integration onto metop-sg of sentinel-5b and -5c, including the verification of the end-to-end instrument performance. development and procurement of the sentinel-6b unit sentinel-6b shall be a fully recurrent unit of sentinel-6a. sentinel-6b shall be included as an option in the development contract of sentinel-6a. launch services launch services for the sentinel-1, -2 and -3 a and b units that have started under the esa gmes space component agreement shall be continued under copernicus. as part of copernicus esa shall assume full responsibility for the procurement of the launch services of sentinel-1b, -2a and -3b. the procurement of launch services shall include the launcher manufacturing, spacecraft adaptor, launch campaign support, launcher/satellite interface engineering and all activities from flight acceptance review up to the end of the in-orbit commissioning review (including launch and early orbit phase). 3.3. ground segment sentinel missions 3.3.1. general description the sentinel ground segment shall provide the primary access to sentinel missions. the primary components of the sentinel ground segments shall be the following: (a) sentinel flight operations segment (fos); (b) sentinel payload data ground segment (pdgs). the sentinel pdgs operations shall rely on a wide area network (wan) and data access services. 3.3.2. flight operations segment the flight operations segment (fos) shall provide the capability to schedule the mission operations and to monitor and control the spacecraft and payload during all mission phases. the fos shall be responsible for spacecraft commanding activities and acquisition of s-band telemetry. it shall provide the functionality required for the generation and the uplink of the routine platform and instrument command schedules and the systematic archiving/analysis of the acquired housekeeping telemetry. the fos shall include a flight dynamics system facility, allowing orbit determination and prediction, as well as generation of attitude and orbit control information. fos functions and activities shall include the scheduling of s-band ground station visibility segments and access to archived housekeeping telemetry to authorised external users. besides performing these routine tasks, the fos mission control team shall be responsible for monitoring the satellite's health status and implementing all necessary recovery actions in case of anomalies, and verification and uplink of on-board software patches. the fos debris collision avoidance service shall calculate the probability of a collision of any sentinel satellites with other satellites and/or debris and provides corresponding collision avoidance forecast reports. these shall be analysed and translated in satellite collision avoidance manoeuvres when appropriate. the fos shall support safe and reliable spacecraft end-of life measures, including re-entry and disposal activities. 3.3.3. payload data ground segment the payload data ground segment shall include the following components: (a) sentinel core ground stations (cgs); (b) sentinel processing and archiving centres (pacs); (c) sentinel mission performance centres (mpc); (d) sentinel payload data management centres (pdmc); (e) sentinel precise orbit determination service (pod). sentinel core ground stations (cgs) esa shall manage the overall network of x-band core ground stations. a dedicated infrastructure shall allow to do the following: (a) acquire sentinel data downlinks; (b) demodulate and store the instrument source packets (isp) data; (c) provide isp to the level-0 processor and to eumetsat for sentinel-3; (d) send the l0 data to the processing and archiving centres; (e) perform near real time l1/l2 production and make the data available to users and the pacs. sentinel processing and archiving centres (pacs) the processing and archiving centres shall ensure the archiving of the sentinel data, the systematic non-time critical and/or on-the-fly data processing, the online access to the products and the dissemination of the data to other csc elements. sentinel mission performance centres (mpc) calibration and validation activities for sentinel-1, -2, -3 and -5p shall be performed by mission performance centres. the activities shall include, amongst others, the maintenance and evolutions of algorithms, the operational quality control and the end-to-end system performance monitoring. the mpc shall rely on the provision of complementary quality services from the expert support laboratories and from dedicated cal/val groups to maintain the required mission quality performances. sentinel payload data management centres (pdmc) the sentinel payload data management centre (pdmc) shall provide the interface with the fos for the satellite tasking and the downlink planning. the pdmcs are responsible for the sentinel mission and systematic production planning, in line with the data access and mission requirements and the pdgs configuration including production organisation, circulation and the dissemination setup. sentinel precise orbit determination service (pod) the sentinel pod service shall provide precise orbit data to support the pdgs non- real time processing. the pod centre shall be common to the sentinel-1, -2 and -3 missions. it shall receive gps level-0 data from core ground stations and generate precise orbit data to the pacs for off line processing purposes. 3.4. eumetsat ground segment operations the eumetsat ground segment shall rely on the services implemented and provided by esa, including core ground stations for the reception of sentinel-3. the copernicus ground segment implemented at eumetsat may include functions and infrastructure shared with the other, non-copernicus missions as part of eumetsat programmes. the eumetsat copernicus ground segment shall provide data from dedicated (sentinel-3 marine, -4, -5, -6 and jason-3) and contributing missions, including access by the users. the datasets and services provided by eumetsat shall be documented in the service level specifications (sls). 3.5. european data relay system (edrs) the european data relay system (edrs) service shall provide the capability for the acquisition of sentinels data complementary to the x-band core ground stations, allowing to support in particular quasi-real time observation needs (qrt is defined as products having timeliness of less than 1 hour). in particular edrs shall provide the following capabilities: (a) introduce flexibility in the overall data acquisition scenario leading to an increased availability of sentinel data; (b) allow to downlink data to ground while the sentinels are outside the visibility of the x-band core ground stations; (c) in combination with the x-band core station network, support and improve the end to end availability and reliability of data provision to the end user; (d) provide additional flexibility to accommodate copernicus security-related requirements by protecting the mission data reception via the encrypted edrs ka-band downlink. the use of the edrs service in support of the sentinel-1 and sentinel-2 missions shall provide further opportunities for product timeliness improvements, including beyond the current formal near-real time commitment, defined as product timeliness of three hours. edrs shall allow performing fast downlink of data acquired outside the x-band core stations visibility. data shall be downlinked in pass-through mode via edrs when observing such areas. this should in turn enhance the achieved product timeliness associated to core products. in addition, this should allow collaborative partners to generate products in qrt/nrt. edrs should be used to downlink a high percentage of data recorded in memory, outside x-band core stations visibility. this will in turn increase the volume of data downlinked and thus the volume of nrt data generated by the csc ground segment. the main functional tasks performed by the edrs service shall be: (a) sentinel-1 and -2 satellites data transmission via optical (laser) link between the ocp on-board the leo satellites and the equivalent unit on-board the geo satellites (edrs-a and edrs-c); (b) mission data relay between the geo satellites and the ka-band ground receiving terminals; (c) mission data reception, decommutation and provision to the service interface point, including data circulation network. the service shall be relevant to sentinel-1 and sentinel-2 missions (other sentinels shall not carry on-board the necessary optical communication payload). the geographical coverage area for downloading the sentinel data to the edrs receiving stations shall cover europe as a minimum. the service provided by edrs shall be procured via a dedicated service level agreement contract, managed according to a set of stringent performance indicators. 3.6. overall operations and data acquisition strategy for the copernicus dedicated missions the operations strategy for all sentinels shall have the following objectives: (a) to provide data to copernicus and other users according to the specified requirements; (b) to ensure systematic and routine operational activities with a high level of automation and with pre-defined operation to the maximum extent possible. the sentinel operations strategy shall be documented in a high level operations plan (hlop) which shall be made publicly available. the hlop shall include information on observation/planning, acquisition, processing and dissemination. the high level operations plan shall be defined based upon the observation requirements from primarily the copernicus services, national requirements from copernicus participating states, relevant union institutions and other users including based on international agreements, scientific use and commercial value-adding. based upon the collected observation requirements, a series of simulations shall be performed to elaborate the observation scenarios taking into account the priority schemes and technical constraints. consultation with the copernicus participating states on both the collection of observation requirements and observation plans shall be done typically once every year at the user forum. the acquisition strategy shall adhere to the following principles: (a) sentinel-1 acquisitions shall be performed according to a mission background plan; (b) sentinel-2 shall be acquired systematically between 56 s and 84 north over land, coastal areas as well as larger islands; (c) sentinel-3, -5p, -5 and -6 shall systematically acquire data over the entire globe; (d) sentinel-4 shall systematically acquire data over europe from a geostationary orbit. 3.7. data products list from copernicus dedicated missions data acquired by the sentinels shall be automatically downlinked to the core ground stations and systematically processed by the payload data ground segment. the data shall be systematically processed to generate a set of pre-defined core products (called level 0, level 1 and level 2). these core products shall be made available to the copernicus users (user products) according to well defined timeliness ranging from near-real time (nrt) to non-time critical (ntc), available typically within 3 to 24 or 48 hours after being sensed by the satellite. table 3 lists the data products that shall be made available from the copernicus dedicated missions. the user products for sentinel-4, -5 and -6 shall be specified during the development phase. a detailed list of all products shall be made publicly available. table 3 summary copernicus dedicated missions data products list user product category product content/description sentinel-1 sar level 0 compressed unfocused sar raw data sar level 1 single look complex focused sar complex data, georeferenced, provided in slant-range geometry sar level 1 ground range detected full resolution focussed sar complex data, georeferenced, multi-looked and projected to ground range geometry sar level 2 ocean product geolocated geophysical parameters (e.g. ocean wind field, wave spectra and radial velocity) sentinel-2 multi-spectral instrument level-1 top of atmosphere reflectance's in cartographic geometry multi-spectral instrument level-2 (10) bottom of atmosphere reflectance's in cartographic geometry sentinel-3 (common for marine and land) ocean and land colour instrument (olci) level 1 olci top of atmosphere radiances, ortho-geolocated and re-sampled sea and land surface temperature radiometer (slstr) level 1 slstr brightness temperatures and top of atmosphere radiances ortho-geolocated and re-sampled sentinel-3 partim marine surface topography mission (stm) level 2 geophysical parameters over ocean (e.g. surface backscatter, sea surface height, significant wave height, ocean depth, tide height, sea ice concentration, sea ice freeboard, sea surface wind speed, rain rate) olci level 2 geophysical parameters over ocean (e.g. sea surface reflectance, algal pigment concentration, suspended matter concentrations) slstr level-2 sea surface temperature sentinel-3 partim land surface topography mission (stm) level 2 geophysical parameters over land (e.g. surface backscatter, altimetry range, surface height, snow density and depth) olci level 2 geophysical parameters over land (e.g. photosynthetically active radiation, global vegetation index) slstr level-2 land surface temperature olci and slstr synergy products geophysical parameters over land (land surface reflectance's and aerosol load over land) sentinel-5p tropomi instrument level-2 ozone, nitrogen dioxide, sulphur dioxide, formaldehyde, carbon monoxide, methane, aerosols, clouds jason-3 (europe-us cooperation mission, operations are funded by copernicus) geophysical data records level 2 geocoded products corresponding to altimetry parameters. note: level 0 (l0), level 1(l1) and level 2 (l2) nomenclature refers to the subsequent level of processing of a product whereby l0 indicates unprocessed instrument and payload data, l1 indicates georeferenced and calibrated computed data and l2 refers to derived geophysical variables. for the surface topography mission (stm), level 2p & 3 products are also generated based on l2 products with enhanced geophysical corrections, bias corrections and adjustment of orbit errors. 3.8. developments aiming at modernising the copernicus space component changes (excluding policy changes that are agreed on a political level) in response to new or evolving user requirements that could be addressed through an incremental evolution of the current copernicus space component infrastructure may include: (a) upgrade processing and dissemination infrastructure to increase performance; (b) production of new products based on existing capacities; (c) procurement of new datasets based on existing third party missions. short-term updates of the copernicus space component shall follow a change management process including the following generic steps: (1) identification of needed changes; (2) initiation of the change request by either the commission, esa or eumetsat; (3) analysis of the change request, including an analysis of impact (technical, cost, schedule); (4) agreement by the commission on the implementation of the proposed changes; (5) implementation of the changes. 3.9. development activities aimed at mitigating operational risks in ensuring the protection of copernicus satellites against the risk of collision esa and eumetsat shall take into account the union space surveillance and tracking (sst) support framework established under decision no 541/2014/eu of the european parliament and of the council (11). the respective measures shall have their bearing on the copernicus space component with the inclusion of a function to provide sst services to spacecraft operators and public authorities. 4. copernicus contributing missions 4.1. general copernicus contributing missions (ccm) shall mean space-based earth observation missions providing data to copernicus complementing data from the dedicated missions. data from ccms shall be obtained by copernicus to fulfil the data requirements as described in section 1, whenever these cannot be met by the sentinels. data from ccms could be either free of charge or could be procured under specific licensing conditions. for datasets under restrictive dissemination conditions by the ccms, the following user categories shall be applied: (a) copernicus services; (b) institutions and bodies of the union; (c) participants to a research project financed under the union research programmes; (d) public authorities of eu member states and copernicus participating states; (e) international organisations and international ngos; (f) the general public. 4.2. overall process on the basis of the data warehouse document (see section 1) esa and eumetsat shall undertake a joint analysis to identify which datasets would need to be procured, and which datasets could be provided without procurement through third party missions. the results of this analysis shall be documented in the joint data warehouse traceability document. the datasets shall be further described in the data access portfolio (dap) document, for what concerns the datasets provided by esa, and the service level specification (sls) document, for what concerns the datasets provided by eumetsat. the uptake of the datasets shall be reported by esa and eumetsat on a quarterly basis. depending upon the uptake of the data and an analysis of the needs, the procurement/pursuing of third party data shall be adapted, as appropriate. 4.3. procurement of data from copernicus contributing missions licensing conditions for data shall be negotiated with contributing mission data providers for data that needs to be procured. these licensing conditions could depart from the open data policy. data procurement activities shall be under the responsibility of esa and shall focus on providing earth observation data from national or international missions, both private and institutional. core datasets shall be procured on the basis of pre-defined specifications while additional datasets shall be procured through a quota mechanism and bulk agreements with data providers for the provision of data within a financial envelope. procurement activities shall include: (a) analysis of the requirements, derivation of specifications for data procurement and the selection of the relevant providers; (b) procurement of the actual data on the basis of licenses or resource buy; (c) integration/de-integration of contributing missions into the copernicus space component ground infrastructure; (d) harmonisation and homogenous provision of data even in cases of large collections of data from different missions. procured datasets may include data from the following contributing missions (non-exhaustive lists, full list available for http://spacedata.copernicus.eu): pleiades 1 a/b, deimos-2, worldview-1/2, radarsat-2, terrasar-x, cosmo-skymed (1/2/3/4), risat-1, proba-v, geoeye-1, spot-5/6/7 etc. 4.4. access to contributing mission data not requiring procurement data access to third party missions not involving data procurement shall be provided by esa, including data from the earth explorers, and eumetsat, including data from the eumetsat missions. eumetsat should ensure access to data from its own missions, as well as from selected third party missions related to the marine, atmosphere and climate change services. in this context, third party missions shall refer to missions operated by satellite operators with whom eumetsat has formal cooperation and/or data exchange agreements. the activity shall encompass the following: (a) access and provision of copernicus contributing mission data to the copernicus services and users; (b) processing of such data into relevant products, when appropriate; (c) dissemination of these data and products using the eumetsat multi-mission dissemination infrastructure and services. datasets under this header may include data from the following missions: meteosat, metop, suomi-npp, landsat, cryosat and others. 5. copernicus space component data dissemination data dissemination shall cover all activities and functions implementing and supporting the provision of access (pull service) and/or delivery (push service) of dedicated mission and contributing mission data to the copernicus users. the csc data dissemination shall include: (a) dedicated data access infrastructures; (b) user services. the copernicus data access infrastructure shall implement the copernicus data policy and shall be tailored to the needs of a predefined set of user typologies, namely copernicus services, member states, international partners and other/scientific use. data access and dissemination infrastructure shall include the following components: (a) data access infrastructure (sentinel hubs); (b) online data access (oda); (c) copernicus online data access (coda); (d) coordinated data access system (cds) for data from contributing missions; (e) european data relay satellite system (edrs); (f) eumetcast; (g) eumetsat data centre; (h) data and information access services infrastructure. the copernicus space component data dissemination systems shall include the available data products as listed in table 4. table 4 summary overview of the copernicus space component data dissemination systems data dissemination system description available data products (current status) sentinel hubs data access infrastructure operated by esa allowing to retrieve copernicus data for: copernicus services (copernicus services data hub) copernicus participating states (collaborative data hub) international partners (international data hub) open access (coa hub) sentinel-1, sentinel-2, sentinel-3 land copernicus online data access (coda) data access infrastructure operated by eumetsat allowing user to retrieve copernicus data near-real time sentinel-3 marine, jason-3 online data access (oda) data access infrastructure operated by eumetsat allowing copernicus services and validation team members to retrieve copernicus data near-real time sentinel-3 marine, jason-3 coordinated data access system (cds) data access infrastructure operated by esa allowing user to download data from contributing missions. contributing mission data eumetcast satellite and terrestrial -based multicasting service to deliver copernicus near real-time eo products operated by eumetsat near-real time sentinel-3 marine, jason-3 and contributing mission data distributed by eumetsat eumetsat data centre provision of copernicus datasets and products for the complete mission lifetime, orderable by end users using a search, filter and order mechanism. archived sentinel-3 marine, jason-3 and contributing mission data distributed by eumetsat data and information access services infrastructure infrastructure that allows users to access, process and analyse copernicus data and information data and information from the copernicus space and services component the data dissemination systems shall serve different copernicus user communities; the data available on each of the systems shall be optimised following the needs of those communities. the esa sentinel hubs shall be tailored to different user typologies (copernicus services, participating states, international partners and other). they may differ in their configuration in terms of guaranteed performance, product offer and allowed number of simultaneous downloads. the copernicus services data hub shall provide access to all sentinel products within a specified timeliness (depending upon the product) and availability of the end-to-end service (at least 94 % available for each sentinel mission constellation). the collaborative data hub and the international data hub shall provide access to a rolling archive of sentinel products with target performances. the copernicus open access hub shall be configured to avoid resources saturation resulting from massive downloads by a limited number of users. the copernicus data dissemination infrastructure shall be continuously updated and improved to cope with the increasing user downloads and expanding data volumes to be distributed. the user services shall include features like user registration and management, discovery, view and download services, helpdesk and hosted processing services. the copernicus distribution services catalogues shall be interoperable amongst each other and provide complete catalogue information. detailed technical descriptions on the copernicus data dissemination infrastructure and activities shall be made publicly available. 6. evolution of the copernicus space component on the basis of user requirements 6.1. general context and process the copernicus space component evolution concerns the adaptations of the space component beyond 2020 and beyond the current mff. this chapter details preparatory activities necessary to support a decision on the future evolution of the copernicus space component, within the framework of the space strategy. it details user requirements activities which shall be carried out under the current mff as preparatory actions for the copernicus space component evolution. these activities shall take into account, where appropriate, elements of the esa long-term scenario. adaptations could include: (a) changes to the current space component infrastructure; (b) development of dedicated copernicus missions; (c) arrangements to obtain data from contributing missions. user requirement activities to be conducted to scope the evolution of the copernicus space component (figure 2) shall include: (a) identification of future observation requirements and gaps; (b) analysis of options to meet evolving observation needs, these options could include the adaptations listed above. figure 2 copernicus space component evolution process 6.2. identification of future observation requirements and gaps the identification of future observation requirements and gaps shall be a commission-led process which shall be supported by evolution-related activities conducted by the copernicus entrusted entities. the process shall consist of three major activities: (a) stakeholder consultation; (b) user requirements consolidation and prioritisation; (c) establishment of the observation requirements. figure 3 illustrates the overall process for establishing the data requirements and gaps. figure 3 overall process for establishing the data requirements stakeholder consultation the commission shall conduct an extensive stakeholder consultation on user requirements. observation and service requirements shall be collected through web-based surveys, workshops, user and market uptake activities, face-to-face meetings and existing processes and documentation. the consultation shall address the copernicus community at large, specifically involving the copernicus services and member states. the final documentation set shall cover user requirements for all copernicus thematic domains (marine, atmosphere, land, emergency, security and climate change). the user requirements shall feed into the observation needs consolidation and prioritisation activity. user requirements consolidation and prioritisation the user requirements shall be consolidated and prioritised. this shall follow an iterative process, guided by the commission, between the space agencies (esa and eumetsat) and the copernicus core users (with a focus on the copernicus services, union institutions and member states, represented by the user forum). the stakeholder consultation documentation will require an in depth analysis in order to identify and organise user requirements according to underlying observation needs. this analysis shall include specifications on technical details with respect to timeliness, geographic area to be covered, update frequency in terms of temporal resolution, content in terms of observations and required accuracy. as part of the process, the requirements shall be prioritised to allow an efficient assessment of various technological options. the prioritisation shall be conducted by the commission and shall be assessed by esa and eumetsat (evaluating technological aspects) and the core users expert group (to assess user aspects). 6.3. analysis of options to meet evolving data needs analysis of options to meet evolving data needs should consider: (a) changes to the current space component infrastructure; (b) development of dedicated copernicus missions and; (c) future arrangements to obtain data from contributing missions. changes to the current space component infrastructure may include the addition of new products based upon on the existing sentinels. other potential adaptions may include the increase of a sentinel constellation from 2 to 3 satellites post 2020 to address potential requirements for more frequent data. future arrangements to obtain data from contributing missions shall consider the third party data available and the identified observation needs. development of dedicated copernicus missions shall consider: (a) definition of next generation sentinels for continuity of observations beyond 2030; (b) definition of expansion sentinels to address observation gaps starting from 2022-2025. analysis of options to meet the established observation requirements shall also take into account the following elements: (a) copernicus technical baseline and space component technical specifications; (b) outcome of the mid-term evaluation of the copernicus programme; (c) impact assessment of several evolution scenarios, including a cost benefit analysis. furthermore, the analysis shall take into account technical elements such as the availability of third party missions and technology readiness levels. 6.4. establishment of technical requirements for new dedicated missions whenever the option for new dedicated missions is selected, a mission analysis shall be conducted which includes: (a) elaboration of the mission statement based on the data requirements, including expected performance; (b) technical requirements specification; (c) identification of possible mission concepts; (d) assessment of programmatic aspects; (e) risk assessment. the outcome of this analysis shall be detailed in a mission requirements document and forms the basis for possible further satellite development and operations phases. 6.5. timing and progress of the space component evolution activities 6.5.1. general timeline the general timeline for the evolution of the space component shall include the activities as shown in the table below. time activity until 2018 stakeholder consultations until 2018 technical baseline of copernicus user and observation requirements mid-term evaluation of copernicus impact assessment of copernicus evolution scenario's until 2018 legislative proposal for the copernicus regulation covering 2021-2027 establishment of technical requirements for new missions 2019 2020 preparatory activities for potential csc evolutions 6.5.2. progress of the space component evolution activities the copernicus space component evolution preparatory activities shall respond to the general orientations as provided in the 2016 space strategy, in particular the preparatory activities shall consider the user requirements for: (a) continuous improvement of current services and infrastructure and; (b) additional services to meet emerging needs in specific priority areas: (1) climate change and sustainable development, to monitor co2 and other greenhouse gas emissions, land use and forestry, and changes in the arctic; (2) security and defence to improve the union's capacity to respond to evolving challenges related to border controls and maritime surveillance. the following generic observation needs shall be considered when defining future evolution scenarios: (a) continuity of observations: as a key priority, users indicated the need to ensure continuity of observations, beyond what is currently planned, with on the long-term potential improvements in terms of spatial resolution, update frequency, timeliness (b) new observations in response to emerging needs: (1) monitoring of anthropogenic co2 emissions; (2) monitoring of polar areas to support operational (ice) monitoring and/or climate change applications in the context of the eu arctic policy; (3) enhanced monitoring for agriculture and forestry, in particular to support water and biodiversity applications; (4) enabling of novel applications for mining, drought monitoring, cultural heritage, hydrology, biodiversity, soil moisture and other parameters, requiring observations, currently not available; (5) enhanced security applications; (6) monitoring of environmental implementation compliance and crime applications. preparatory activities to support future copernicus space component scenarios may include: (a) groups of domain experts, to analyse the high-level programmatic context, state-of-the-art and concept feasibility to support the definition of task forces. groups of domain experts shall be established to assess monitoring needs related to security and anthropogenic co2 emissions; (b) task forces, to elaborate and further fine-tune the observation requirements, as well as to analyse potential technical solutions with the objective to specify initial mission requirements. these analyses shall take into account current observation capacities and the renewal/upgrade of the existing infrastructure, technological maturity and the potential for international cooperation. in particular the following task forces shall be established: (1) anthropogenic co2 emission monitoring; (2) polar observations; (3) high spatio-temporal resolution land surface temperature monitoring, to address applications for agriculture, hydrology, forestry and the environment at large; (4) hyperspectral imaging to enable innovative applications in biodiversity, mining, agriculture and forestry. (c) preparatory studies, as an input to the work of the task forces; (d) consultation with eu member states, copernicus participating states, esa and eumetsat member states, to ensure alignment of priorities and ensure consistency with the content of the esa long term scenario. based upon these activities, scenarios for the evolution of the copernicus space component shall be examined including a thorough cost-benefit assessment. the copernicus space component evolution shall be tailored to the available budget of the next multiannual financial framework and to the funds mobilised by eu, esa, participating member states and potential additional funding sources. with these constraints in mind, evolution scenarios could be: (a) baseline evolution scenario: a sustainable copernicus, that foresees the programme at its current level of performance, including continued operations of services, necessary renewal/upgrade of the existing infrastructure, actions in support of improved data access and distribution and support to user uptake beyond 2020; (b) evolution and expansion scenario: a sustainable and expanded copernicus considering two priority areas to address emerging needs: (1) new observation capacities in support of environmental needs focussed on climate change (e.g. monitoring of co2 and other greenhouse gas emissions for which no satellite observations are currently available), observations of the polar regions (focussed on the monitoring of sea ice and weather in the arctic) and support to agriculture including the monitoring of water related parameters which could be addressed through thermal infrared observations; (2) new observation capacities in support of security and/or defence needs to address the new challenges the union faces in terms of security, migration or border control. the outcomes of the user requirements process, cost-benefit analysis, technical feasibility, maturity of the technological solution, and overall affordability shall define the technical boundary conditions for the copernicus space component evolution beyond 2020. (1) the spatial resolution of very high (vhr), high (hr), medium 5mr) and low resolution (lr) images is defined as follows: vhr: <= 4 m; hr: > 4 m and <= 30 m; mr > 30 m and <= 300 m; lr > 300 m. (2) directive 2007/2/ec of the european parliament and of the council of 14 march 2007 establishing an infrastructure for spatial information in the european community (inspire) (oj l 108, 25.4.2007, p. 1). (3) commission regulation (ec) no 1205/2008 of 3 december 2008 implementing directive 2007/2/ec of the european parliament and of the council as regards metadata (oj l 326, 4.12.2008, p. 12). (4) commission regulation (eu) no 1089/2010 of 23 november 2010 implementing directive 2007/2/ec of the european parliament and of the council as regards interoperability of spatial data sets and services (oj l 323, 8.12.2010, p. 11). (5) commission regulation (ec) no 976/2009 of 19 october 2009 implementing directive 2007/2/ec of the european parliament and of the council as regards the network services (oj l 274, 20.10.2009, p. 9). (6) the sentinel-5 precursor (sentinel-5p) mission is a joint initiative between esa and the kingdom of the netherlands. (7) jason-3 is the result from the long-standing cooperation between eumetsat, noaa, cnes and nasa. it is a high precision ocean altimetry mission that provides continuity between jason-2 and sentinel-6 and is operational since 2016 with an envisaged lifetime of 5 years. (8) the period of operations may change depending upon the actual life time of the individual satellite units and evaluation of programmatic options. (9) abbreviations: vis = visual range bands; swir = short wave infrared; mwir = mid-wave infrared; tir = thermal infrared. (10) the generation of sentinel-2 level 2 data shall be made available through the sentinels core ground segment or shall be enabled through a toolbox running at the users' side. (11) decision no 541/2014/eu of the european parliament and of the council of 16 april 2014 establishing a framework for space surveillance and tracking support (oj l 158, 27.5.2014, p. 227).

name: commission implementing decision (eu) 2018/617 of 19 april 2018 authorising portugal to grant an approval to derogate from point ops 1.1100(1.1)(b) of annex iii to council regulation (eec) no 3922/91 (notified under document c(2018) 2183) type: decision_impl subject matter: miscellaneous industries; organisation of transport; transport policy; technology and technical regulations; organisation of work and working conditions; europe; executive power and public service; air and space transport date published: 2018-04-23 23.4.2018 en official journal of the european union l 102/14 commission implementing decision (eu) 2018/617 of 19 april 2018 authorising portugal to grant an approval to derogate from point ops 1.1100(1.1)(b) of annex iii to council regulation (eec) no 3922/91 (notified under document c(2018) 2183) (only the portuguese text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to council regulation (eec) no 3922/91 of 16 december 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (1), and in particular article 8(3) thereof, whereas: (1) by letter dated 21 february 2017, portugal notified the commission, pursuant to article 8(3) of regulation (eec) no 3922/91, of its intention to grant netjets transportes a reos, s.a. (hereafter: netjets) an approval to derogate from point ops 1.1100(1.1)(b) of annex iii to regulation (eec) no 3922/91. (2) in its notification, portugal explained that netjets is unable to comply with the requirements of point ops 1.1100(1.1)(b) because, in order to carry out air taxi operations, in cases where a crew member of netjets is scheduled to operate on the seventh consecutive day, the cumulative limit of 60 hours laid down in that provision is reached and is already exceeded while that crew member is on positioning or other duty. the intended derogation would therefore extend the maximum total duty period in any seven consecutive days to 70 hours. (3) portugal further explained that, after analysing the safety risk assessment presented by netjets, as well as the proposed mitigation actions, in this case a level of safety equivalent to that attained by the application of point ops 1.1100(1.1)(b) can be achieved by other means. it also explained that the intended approval to derogate is conditional on netjets taking certain mitigating measures, which netjets already implemented in accordance with point oro.ftl.120 of annex iii to commission regulation (eu) no 965/2012 (2). (4) the commission assessed, with the assistance of the european aviation safety agency, the level of safety emerging from the intended derogation. the commission found that the measure would achieve a level of safety equivalent to that attained by application of point ops 1.1100(1.1)(b), provided certain conditions are met, for the following reasons. (5) netjets is an air taxi operator. the patterns of work of its pilots therefore differ from those of pilots involved in other types of commercial air transport operations. on average, air taxi pilots are subject to lower workload levels in terms of cumulative flying hours and consecutive days of duty. conversely, positioning air taxi pilots before and after duties is much more common than in other types of commercial air transport operations, with typically a larger amount of time required for hotel standby away from home base and a relatively large number of hours required for commuting and positioning. however, the level of cumulative fatigue is higher following a duty period including a flight than during the time between flights. the intended derogation would only be used for the positioning duty of the pilots for the start of the extended recovery rest period and not for positioning between two flight duty periods. (6) in respect of an air taxi operator, it should be permitted to derogate from the requirements of point ops 1.1100(1.1)(b) by extending the maximum total duty period in any seven consecutive days. (7) however, in order to ensure an equivalent level of safety, such derogation should only be permitted subject to certain limitations and conditions. in particular, the maximum total duty period in any seven consecutive days should remain limited to 70 hours, the additional hours should only be used for the positioning duty of the pilots concerned for the start of the extended recovery rest period and the air taxi operator concerned should take certain mitigating measures, in particular with a view to preventing, monitoring and addressing any risks which might emerge in connection to the extension. (8) in addition, the assessment indicated that the intended derogation would not entail discrimination on the grounds of nationality of the applicants and that it duly takes into account the need not to distort competition, considering in particular that the derogation would be granted irrespective of the place of establishment or principal place of business of the air taxi operator concerned, that the extension is limited and that the same derogation could be granted under the same conditions to other air taxi operators registered in the union for the same operations. (9) therefore, portugal should be allowed to grant netjets approval for the intended derogation notified to the commission, provided that netjets takes the necessary mitigating measures. (10) in accordance with article 8(3) of regulation (eec) no 3922/91, a decision by the commission that a member state may grant an approval to derogate is to be notified to all member states and all member states are subsequently entitled to apply the measure in question. therefore, this decision should be addressed to all member states and the description of the derogation, as well as the conditions attached to it, should be such as to enable other member states to also apply that measure when they are in the same situation, without requiring a further decision by the commission. (11) the measures provided for in this decision are in accordance with the opinion of the air safety committee, has adopted this decision: article 1 portugal may, by derogation from point ops 1.1100(1.1)(b) of annex iii to regulation (eec) no 3922/91, allow the air taxi operator netjets transportes a reos, s.a. to extend the maximum total duty period in any seven consecutive days to 70 hours for the positioning duty of the pilots concerned for the start of the extended recovery rest period, provided that it takes the measures specified in the annex. article 2 this decision is addressed to the portuguese republic. done at brussels, 19 april 2018. for the commission violeta bulc member of the commission (1) oj l 373, 31.12.1991, p. 4. (2) commission regulation (eu) no 965/2012 of 5 october 2012 laying down technical requirements and administrative procedures related to air operations pursuant to regulation (ec) no 216/2008 of the european parliament and of the council (oj l 296, 25.10.2012, p. 1). annex the operator concerned shall take all of the following measures in respect of its operations carried out on the basis of the derogation: 1. integrate the bio-mathematical system for aircrew fatigue evaluation (safe) or an equivalent fatigue risk model into its flight planning and flight and duty limitations of its pilots, in order to predict and prevent high levels of fatigue. 2. establish appropriate schedule metrics and threshold values for the purpose of analysing flight crew rostering and submit those schedule metrics and threshold values to the competent authority for validation. 3. provide fatigue management-related training to its pilots as referred to in point oro.ftl.250 of commission regulation (eu) no 83/2014 (1). 4. extend the weekly rest period to a 72-hour rest period, including two local nights. 5. continuously monitor the increase of the total duty period of its pilots as part of its management system. 6. continuously monitor the time for commuting, positioning and travelling by its pilots before and during the block of seven consecutive duty days, as a potential source of cumulative fatigue. 7. continuously monitor and control its pilots' accommodation away from base, in particular the likelihood for them to obtain sleep in sufficient quality and quantity during the block of seven consecutive duty days, by collecting the necessary data from its pilots in the form of sleep diaries and subjective alertness surveys. 8. continuously analyse collected data stemming from data collection tools such as flight data monitoring (fdm), by correlating the events' rate to fatigue-related surveillance performance and interoperability requirements (spi). 9. continuously analyse its pilots' rostering against the schedule metrics and threshold values validated by the competent authority in accordance with point 2, by using the system for aircrew fatigue evaluation (safe) or an equivalent fatigue risk model. 10. continuously monitor all other aspects of the operations by way of a risk assessment with a view to identifying any risks to the safety of operations that may result from the implementation of the derogation. such risk assessment must be acceptable to the competent authority. 11. take all necessary measures to mitigate any risks to the safety of operations identified through the measures referred to in points 5 to 10, including the integration of those necessary measures in the planning and flight and duty limitations of its pilots. 12. provide the outcomes of the measures referred to in points 5 to 10 to the competent authority on a regular basis and immediately inform that authority about any necessary measure it has taken in accordance with point 11. (1) commission regulation (eu) no 83/2014 of 29 january 2014 amending regulation (eu) no 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to regulation (ec) no 216/2008 of the european parliament and of the council (oj l 28, 31.1.2014, p. 17).

name: commission decision (eu) 2018/612 of 7 april 2016 on state aid sa.28876 - 2012/c (ex cp 202/2009) implemented by greece for container terminal port of piraeus (notified under document c(2018) 1978) (text with eea relevance. ) type: decision subject matter: maritime and inland waterway transport; economic policy; taxation; competition; europe date published: 2018-04-20 20.4.2018 en official journal of the european union l 101/73 commission decision (eu) 2018/612 of 7 april 2016 on state aid sa.28876 - 2012/c (ex cp 202/2009) implemented by greece for container terminal port of piraeus (notified under document c(2018) 1978) (only the greek 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, whereas: 1. procedure (1) on 23 march 2015, the commission adopted a final decision (1) (final decision) with which it concluded that greece had unlawfully put into effect in breach of article 108(3) of the treaty on the functioning of the european union, incompatible aid measures in favour of piraeus container terminal s.a (pct) and its mother company and creditor, cosco pacific limited (cosco), and ordered the abolition and the recovery of the aid measures concerned. (2) on 2 june 2015, greece appealed the final decision before the general court of the european union. 2. detailed description of the measure 2.1. the final decision (3) in 2009 the commission received complaints concerning several fiscal measures granted by law 3755/2009 (the law) to the concession holder of a part of the port of piraeus, cosco and its subsidiary pct (2). these exemptions relate to the initial concession granted in 2008. on 11 july 2012 the commission opened a formal investigation procedure raising doubts concerning these tax exemptions (opening decision) (3). on 23 march 2015, the commission concluded the formal investigation of the case and considered that the following measures constituted unlawful and incompatible state aid (4): exemption from income tax on interest accrued until the date of commencement of operation of pier iii; right to vat credit refund irrespective of the stage of completion of the contract object; definition of the notion of investment good for the purposes of vat rules; right to arrear interests from the first day following the 60th day after the vat refund request; loss carry forward without any temporal limitation; choice among three depreciation methods concerning the investment costs of the reconstruction of pier ii and the construction of pier iii; exemption from stamp duty on the loan agreements and any ancillary agreements for the funding of the project; exemption from taxes, stamp duties, contributions and any rights in favour of the state or third parties on the contracts between the creditors of the loan agreements under which are transferred the obligations and rights resulting therefrom; exemption from stamp duties for any compensation paid by port piraeus authority (ppa) to pct under the concession contract, which is outside the scope of the vat code; protection under the special regime for foreign investments. (4) in the same decision the commission concluded that greece did not grant state aid by exempting pct from rules concerning forced expropriation (5). 2.2. the measure under assessment: stamp duty exemption for compensations paid by ppa to pct (6) (5) regarding the exemption from stamp duty for compensations paid by ppa to pct, in the final decision, the commission concluded that it entailed a selective advantage in favour of pct in that it alleviated it from the payment of stamp duties in the case of: (a) compensation paid by ppa due to the activation of a penalty clause of the concession contract, and (b) other types of compensation paid by ppa, such as for damages related to the concession contract or for international breach of contract (7). (6) concerning in particular the case of compensation paid by ppa due to the activation of a penalty clause (i.e. under (a) in the immediately above recital) the commission concluded that the advantage conferred to pct consisted in its alleviation from the payment of a fixed stamp duty (8) in such cases. this conclusion was based on the consideration that according to the generally applicable framework, i.e. the stamp duty code (9) as interpreted by circular 44/1987, the activation of an ancillary agreement related to a contract subject to vat is subject to a fixed stamp duty (10). (7) however, in its application for annulment of the final decision before the general court, greece indicated that fixed stamp duties have been generally abolished since 2001 (11), i.e. before law 3755/2009 introduced the relevant exemption in favour of pct. 3. assessment of the measure (8) during the administrative procedure that led to the final decision, the greek authorities never brought to the commission's attention the fact that fixed stamp duties have been abolished since 2001, by virtue of article 25 of law 2873/2000. the greek authorities never mentioned this fact, although the opening decision had opened the formal investigation procedure of article 108(2) tfeu with respect to the exemption of pct from stamp duties in general (including fixed and proportional stamp duties), provided to pct on the basis of article 2(10) of the law (12). therefore, on the basis of the information available to the commission when the final decision was adopted, the commission was entitled to conclude that article 2(10) of the law granted incompatible state aid to pct by exempting it from both fixed and proportional stamp duties on compensation paid by ppa to pct under the concession contract (13). (9) even if the greek authorities belatedly (14) informed the commission on the general abolishment of fixed stamp duties, the commission, acting as a sound administration and although not obliged to modify the final decision, wishes however to modify that final decision, in order to fully reflect the present situation. specifically, in view of article 25 of law 2873/2000, the commission has no longer any reason to consider that the exemption of article 2(10) of the law confers an advantage to pct in case ppa pays compensations to pct due to the activation of a penalty clause of the concession contract. according to the generally applicable rules for this type of compensation payment, no stamp duty was due at the time law 3755/2009 was adopted. therefore, the relevant stamp duty exemption does not confer a selective advantage to pct and, thus, does not constitute state aid, in this respect. (10) as the commission was only made aware of this information after the adoption of its final decision in this case, within the spirit of good public administration, it now decides to amend its decision of 23 march 2015 as regards this specific advantage of the measure. the final decision is not in any manner modified with respect to pct's exemption from the (proportional) stamp duty normally due for other types of compensation paid by ppa (i.e. under (b) in recital 5 of the present decision). 4. conclusion (11) the commission has accordingly decided that greece has not granted state aid to pct in the form of exemption from the payment of stamp duties in case ppa pays compensation to pct due to the activation of a penalty clause of the concession contract. therefore, it amends its decision of 23 march 2015 as regards this aspect of the measure. all the other conclusions of the said decision remain the same, has adopted this decision: article 1 in the seventh numbered point of article 1 of the decision in case sa.28876 regarding container terminal port piraeus & cosco pacific limited (oj l 269, 15.10.2015, p. 93) a second sentence is added: this measure does not cover compensation to pct due to the activation of a penalty clause of the concession contract, where anyway no stamp duty is due; article 2 this decision is addressed to the hellenic republic. done at brussels, 7 april 2016. for the commission margrethe vestager member of the commission (1) oj l 269, 15.10.2015, p. 93. (2) see recitals 10 to 19 of the final decision. (3) oj c 301, 5.10.2012, p. 55. (4) see article 1 of the final decision. (5) see article 2 of the final decision. (6) article 2, paragraph 10 of law 3755/2009. (7) see recitals 195-209 of the final decision, and in particular recitals 202-205. (8) see recitals 201-203 of the final decision. (9) presidential decree of 28-7-1931, oj a239 1931. (10) see recital 197 of the final decision. (11) according to article 25 of law 2873/2000. (12) see section 4.2.3.8 (recitals 194-203) of the opening decision. (13) see also case c-390/06 nuova agricast eu:c:2008:224, para. 54. (14) for the first time with the application for annulment of the final decision before the general court.

name: council decision (eu) 2018/600 of 10 october 2016 on the signing, on behalf of the european union, of the agreement between the european union and new zealand on cooperation and mutual administrative assistance in customs matters type: decision subject matter: tariff policy; asia and oceania; european construction; cooperation policy; international affairs; executive power and public service date published: 2018-04-20 20.4.2018 en official journal of the european union l 101/3 council decision (eu) 2018/600 of 10 october 2016 on the signing, on behalf of the european union, of the agreement between the european union and new zealand on cooperation and mutual administrative assistance in customs matters 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(5), thereof, having regard to the proposal from the european commission, whereas: (1) on 22 july 2013, the council authorised the commission to open negotiations with new zealand with a view to concluding an agreement between the european union and new zealand on cooperation and mutual administrative assistance in customs matters (the agreement). the negotiations were successfully concluded by the initialling of the agreement on 23 september 2015. (2) the purpose of the agreement is to establish the legal basis for a cooperation framework which aims to secure the supply chain and facilitate legitimate trade, as well as enable the exchange of information to ensure the proper application of customs legislation and the prevention, investigation and combating of breaches of customs legislation. (3) the agreement should be signed, has adopted this decision: article 1 the signing, on behalf of the union, of the agreement between the european union and new zealand on cooperation and mutual administrative assistance in customs matters is hereby authorised, subject to the conclusion of that 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 luxembourg, 10 october 2016. for the council the president g. mate n (1) the text of the agreement will be published together with the decision on its conclusion.

name: council decision (eu) 2018/590 of 16 april 2018 appointing a member and an alternate member, proposed by the federal republic of germany, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2018-04-19 19.4.2018 en official journal of the european union l 99/10 council decision (eu) 2018/590 of 16 april 2018 appointing a member and an alternate 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 mandate on the basis of which birgit j. hon (staatssekret rin f r europa und regionale landesentwicklung, nieders chsische staatskanzlei) was proposed. (3) an alternate member's seat on the committee of the regions has become vacant following the end of the term of office of mr fritz jaeckel, 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 a member: ms birgit j. hon , ministerin f r bundes- und europaangelegenheiten und regionale entwicklung (niedersachsen) (change of mandate), and (b) as an alternate member: mr clemens lammerskitten, mitglied des nieders chsischen landtags. article 2 this decision shall enter into force on the date of its adoption. done at luxembourg, 16 april 2018. for the council the president r. porodzanov (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) 2018/587 of 12 april 2018 appointing a member, proposed by the federal republic of germany, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2018-04-18 18.4.2018 en official journal of the european union l 98/21 council decision (eu) 2018/587 of 12 april 2018 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. on 18 july 2016, by council decision (eu) 2016/1204 (4), mr tilman t gel was replaced by ms katrin budde as a member. (2) a member's seat on the committee of the regions has become vacant following the end of the term of office of ms katrin budde, 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: mr tilman t gel, mitglied des kreistages landkreis stendal. article 2 this decision shall enter into force on the date of its adoption. done at luxembourg, 12 april 2018. for the council the president t. donchev (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) 2016/1204 of 18 july 2016 appointing a member, proposed by the federal republic of germany of the committee of the regions (oj l 198, 23.7.2016, p. 45).

name: commission implementing decision (eu) 2018/560 of 10 april 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (notified under document c(2018) 2191) (text with eea relevance. ) type: decision_impl subject matter: agricultural activity; regions of eu member states; international trade; agricultural policy; europe date published: 2018-04-11 11.4.2018 en official journal of the european union l 93/11 commission implementing decision (eu) 2018/560 of 10 april 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (notified under document c(2018) 2191) (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) 2017/247 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype h5 in a number of member states (the concerned member states), and the establishment of protection and surveillance zones by the competent authority of the concerned member states in accordance with article 16(1) of council directive 2005/94/ec (4). (2) implementing decision (eu) 2017/247 provides that the protection and surveillance zones established by the competent authorities of 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. implementing decision (eu) 2017/247 also lays down that the measures to be applied in the protection and surveillance zones, as provided for in article 29(1) and article 31 of directive 2005/94/ec, are to be maintained until at least the dates for those zones set out in the annex to that implementing decision. (3) since the date of its adoption, implementing decision (eu) 2017/247 has been amended several times to take account of developments in the epidemiological situation in the union as regards avian influenza. in particular, implementing decision (eu) 2017/247 was amended by commission implementing decision (eu) 2017/696 (5) in order to lay down rules regarding the dispatch of consignments of day-old chicks from the areas listed in the annex to implementing decision (eu) 2017/247. that amendment took into account the fact that day-old chicks pose a very low risk for the spread of highly pathogenic avian influenza compared to other poultry commodities. (4) implementing decision (eu) 2017/247 was also subsequently amended by commission implementing decision (eu) 2017/1841 (6) in order to strengthen the disease control measures applicable where there is an increased risk for the spread of highly pathogenic avian influenza. consequently, implementing decision (eu) 2017/247 now provides for the establishment at union level of further restricted zones in the concerned member states, as referred to in article 16(4) of directive 2005/94/ec, following an outbreak or outbreaks of highly pathogenic avian influenza, and the duration of the measures to be applied therein. implementing decision (eu) 2017/247 now also lays down rules for the dispatch of live poultry, day-old chicks and hatching eggs from the further restricted zones to other member states, subject to certain conditions. (5) in addition, the annex to implementing decision (eu) 2017/247 has been amended numerous times, mainly to take account of changes in the boundaries of the protection and surveillance zones established by the concerned member states in accordance with directive 2005/94/ec. (6) the annex to implementing decision (eu) 2017/247 was last amended by commission implementing decision (eu) 2018/510 (7), following the notification by germany of a new outbreak of highly pathogenic avian influenza of subtype h5n6 in a poultry holding in nordfriesland in the land of schleswig-holstein in that member state. germany also notified the commission that it had duly taken the necessary measures required in accordance with directive 2005/94/ec following that outbreak, including the establishment of protection and surveillance zones around the infected poultry holding. (7) since the date of the last amendment made to implementing decision (eu) 2017/247 by implementing decision (eu) 2018/510, bulgaria has notified the commission of a recent outbreak of highly pathogenic avian influenza of subtype h5n8 in a poultry holding in the yambol region of that member state. (8) bulgaria has also notified the commission that it has taken the necessary measures required in accordance with directive 2005/94/ec following that recent outbreak, including the establishment of protection and surveillance zones around the infected poultry holding in that member state. (9) the commission has examined those measures in collaboration with bulgaria, and the commission is satisfied that the boundaries of the protection and surveillance zones, established by the competent authority of bulgaria, are at a sufficient distance to the poultry holding where the new outbreak was confirmed. (10) 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 bulgaria, the protection and surveillance zones established in bulgaria, in accordance with directive 2005/94/ec, following the recent outbreak of highly pathogenic avian influenza in that member state. (11) implementing decision (eu) 2017/247 should therefore be updated to take account of the up-to-date epidemiological situation in bulgaria, as regards highly pathogenic avian influenza. in particular, the newly established protection and surveillance zones in bulgaria, now subject to restrictions in accordance with directive 2005/94/ec, should be listed in the annex to implementing decision (eu) 2017/247. (12) the annex to implementing decision (eu) 2017/247 should therefore be amended to update regionalization at union level in order to include the protection and surveillance zones established in bulgaria, in accordance with directive 2005/94/ec, following the recent outbreak of highly pathogenic avian influenza in that member state, and the duration of the restrictions applicable therein. (13) implementing decision (eu) 2017/247 should therefore be amended accordingly. (14) 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) 2017/247 is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 10 april 2018. 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) 2017/247 of 9 february 2017 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 36, 11.2.2017, p. 62). (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) 2017/696 of 11 april 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 101, 13.4.2017, p. 80). (6) commission implementing decision (eu) 2017/1841 of 10 october 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 261, 11.10.2017, p. 26). (7) commission implementing decision (eu) 2018/510 of 26 march 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (oj l 83, 27.3.2018, p. 16). annex the annex to implementing decision (eu) 2017/247 is amended as follows: (1) in part a, the entry for bulgaria is replaced by the following: member state: bulgaria area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec yambol region, municipality of straldzha zimnitsa 26.4.2018 (2) in part b, the entry for bulgaria is replaced by the following: member state: bulgaria area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec yambol region: municipality of straldzha zimnitsa from 27.4.2018 to 6.5.2018 municipality of yambol yambol 6.5.2018 municipality of straldzha straldzha vodenichene dzhinot municipality of tundzha mogila veselinovo kabile sliven region: municipality of sliven zhelyu voivoda blatets dragodanovo gorno aleksandrovo

name: commission decision (eu, euratom) 2018/559 of 6 april 2018 laying down implementing rules for article 6 of decision (eu, euratom) 2017/46 on the security of communication and information systems in the european commission type: decision subject matter: communications; eu institutions and european civil service; rights and freedoms; information and information processing; technology and technical regulations; information technology and data processing date published: 2018-04-11 11.4.2018 en official journal of the european union l 93/4 commission decision (eu, euratom) 2018/559 of 6 april 2018 laying down implementing rules for article 6 of decision (eu, euratom) 2017/46 on the security of communication and information systems in the european commission the european commission, having regard to the treaty on the functioning of the european union, and in particular article 249 thereof, having regard to the treaty establishing the european atomic energy community, having regard to commission decision (eu, euratom) 2017/46 of 10 january 2017 on the security of communication and information systems in the european commission (1), and in particular article 6 thereof, whereas: (1) with the adoption of decision (eu, euratom) 2017/46, there is a need for the commission to review, update and consolidate the implementing rules linked to the repealed commission decision c(2006) 3602 on the security of communication and information systems used by the commission. (2) the member of the commission responsible for security, in full compliance with the internal rules of procedures, has been empowered to establish implementing rules in line with article 13 of decision (eu, euratom) 2017/46 (2). (3) the implementing rules of decision c(2006) 3602 should therefore be repealed, has adopted this decision: chapter 1 general provisions article 1 subject matter and scope 1. the subject matter and scope of this decision are provided in article 1 of decision (eu, euratom) 2017/46. 2. the provisions in this decision apply to all communication and information systems (ciss). however, the responsibilities defined in this decision shall not apply to ciss handling eu classified information. the relevant responsibilities for these systems shall be determined by the system owner and the commission security authority in line with commission decision (eu, euratom) 2015/444 (3). 3. chapter 2 of this decision presents an overview of the practical implementation of the organisation and responsibilities relating to it security. chapter 3 of this decision presents an overview of the processes relating to article 6 of decision (eu, euratom) 2017/46. article 2 definitions the definitions in article 2 of decision (eu, euratom) 2017/46 apply to this decision. for the purposes of this decision the following definitions shall also apply: 1. crypto approval authority (caa) is a function assumed by the commission security authority that falls under the authority of the director-general for human resources and security; 2. external network connection means any electronic communications connection between the commission's internal network and any other network, including the internet. this definition excludes third party networks that are provided under contract to be part of the commission's internal network. 3. key escrow means a procedure for storing copies of cryptographic keys with one or more separate parties, ensuring the segregation of duties, to enable their recovery in case the operational copy is lost. keys may be split into two or more parts, each of which is lodged with a different party to ensure that no single party possesses the entire key. 4. rasci is an abbreviation for a responsibility assignment based on the following attribution indicators: (a) responsible (r) means having the obligation to act and take decisions to achieve required outcomes; (b) accountable (a) means being answerable for actions, decisions and performance; (c) supports (s) means having the obligation to work with the person responsible to complete the task; (d) consulted (c) means being sought for advice or opinion; (e) informed (i) means being kept up to date with relevant information. chapter 2 organisation and responsibilities article 3 roles and responsibilities the roles and responsibilities relating to articles 4 to 8 of this decision are defined in the annex in accordance with the rasci model. article 4 alignment with the commission's information security policy 1. the directorate-general for human resources and security shall review the commission's it security policy and related standards and guidelines to ensure that they are in line with the commission's general security policies, in particular commission decision (eu, euratom) 2015/443 (4) and decision (eu, euratom) 2015/444. 2. upon request by other commission departments, the directorate-general for human resources and security may review their it security policies or other it security documentation to ensure their consistency with the commission's information security policy. the head of the commission department concerned shall ensure that any inconsistencies are addressed. 3. under its responsibility for the security of information, the directorate-general for human resources and security shall cooperate with the directorate-general for informatics to ensure that the it security processes take full account of the classification and principles of security laid down in decision (eu, euratom) 2015/443, in particular articles 3 and 9. chapter 3 it security processes article 5 encrypting technologies 1. the use of encrypting technologies for the protection of eu classified information (euci) shall comply with decision (eu, euratom) 2015/444. 2. the decisions on the use of encrypting technologies for the protection of non-euci data shall be taken by the system owner of each cis, taking into account both the risks that are intended to be mitigated through encryption and the risks that it introduces. 3. prior approval from the caa is required for all uses of encrypting technologies, unless the encryption is used only to protect the confidentiality of non-euci data in transit and uses standard network communications protocols. 4. with the exception noted in paragraph 3 of this article, commission departments shall ensure that back-ups of any decryption keys are stored in key escrow for the purpose of recovering stored data in the event that the decryption key is not available. the recovery of encrypted data using back-ups of decryption keys shall be carried out only when authorised in line with the standard defined by the caa. 5. requests for approval for the use of encrypting technologies shall be formally documented and shall include details of the cis and data to be protected, the technologies to be used and the related security operating procedures. these requests for approval shall be signed by the system owner. 6. requests for approval for the use of encrypting technologies shall be evaluated by the caa in line with the published standards and requirements. article 6 it security inspections 1. the directorate-general for human resources and security shall undertake it security inspections in order to verify whether it security measures comply with the commission's it security policies and to check the integrity of these control measures. 2. the directorate-general for human resources and security may perform an it security inspection: (a) on its own initiative; (b) on request from the information security steering board (issb); (c) on a request received from a system owner; (d) further to a security incident; or (e) further to the identification of a high risk to a particular system. 3. data owners may request an it security inspection before storing their information in a cis. 4. the results of an inspection shall be documented in a formal report to the system owner, and copied to the liso, that includes findings and recommendations for improving the cis's compliance with the it security policy. the directorate-general for human resources and security shall report significant issues and recommendations to the issb. 5. the directorate-general for human resources and security shall monitor the implementation of the recommendations. 6. where appropriate, it security inspections shall include the inspection of services, premises and equipment provided to the system owner, including both internal and external service providers. article 7 access from external networks 1. the directorate-general for human resources and security shall lay down the rules in a standard on authorising access between commission ciss and external networks. 2. the rules shall distinguish different types of external network connections and lay down appropriate security rules for each type of connection, including whether a prior authorisation for the connection is required from the relevant authority as noted in paragraph 4 of this article. 3. if required, authorisation shall be granted on the basis of a formal request and approval process. the approval shall be valid for a specified duration and shall be obtained before the connection is activated. 4. the directorate-general for human resources and security shall have the overall responsibility for authorising requests, but may delegate the responsibility for authorising some types of connection at its own discretion in line with article 17(3) of decision (eu, euratom) 2015/443 and subject to the conditions laid down under (8). 5. the authorising entity may impose additional security requirements as a prerequisite for approval, in order to protect the commission's cis and networks from the risks of unauthorised access or other security breaches. 6. the directorate-general for informatics is the standard provider of network services for the commission. any other commission department operating a network that is not provided by the directorate-general for informatics shall first obtain the agreement of the issb. the commission department shall document the business justification for the request and demonstrate that the network controls are sufficient to meet the requirements for controlling incoming and outgoing flows of information. 7. the system owner of a cis shall determine the security requirements for external access to that cis and shall ensure the implementation of appropriate measures to protect its security, with the support of the liso. 8. the security measures implemented for external network connections shall be based on the principles of need-to-know and least privilege, which ensure that individuals only receive the information and access rights that they need to perform their official duties for the commission. 9. all external network connections shall be filtered and monitored to detect potential security breaches. 10. where connections are established to allow the outsourcing of a cis, the authorisation shall be conditional on the successful completion of the procedure described in article 8. article 8 outsourcing of ciss 1. for the purposes of this decision, a cis is considered to be outsourced when it is provided on the basis of a contract with a third party contractor, under which the cis is housed on non-commission premises. this includes the outsourcing of individual or multiple ciss or other it services, data centres on non-commission premises, and the handling of commission data sets by external services. 2. the outsourcing of a cis shall take into account the sensitivity or classification of the information handled as follows: (a) ciss handling euci shall be accredited in accordance with decision (eu, euratom) 2015/444, and the commission security accreditation authority (saa) shall be consulted in advance. systems handling euci shall not be outsourced. (b) the system owner of a cis handling non-euci information shall implement proportionate measures to address the security needs in line with the relevant legal obligations or the sensitivity of the information, taking into account the risks of outsourcing. the directorate-general for human resources and security may impose additional requirements. (c) outsourced development projects shall take into account the sensitivity of the developed code and any test data used during development. 3. the following principles shall apply to outsourced cis in addition to those laid down in article 3 of decision (eu, euratom) 2017/46: (a) outsourcing arrangements shall be designed to avoid dependency on specific suppliers; (b) outsourcing security arrangements shall minimise the possibilities for third party staff to access or modify commission information; (c) third party staff that have access to an outsourced cis shall provide confidentiality agreements; (d) the outsourcing of a cis shall be indicated in the inventory of ciss. 4. the system owner with the participation of the data owner shall: (a) assess and document the risks relating to outsourcing; (b) lay down relevant security requirements; (c) consult with the system owners of all other connected ciss to ensure that their security requirements are included; (d) ensure that appropriate security requirements and rights are included in the outsourcing contract; (e) fulfil any other requirements laid down in the detailed procedure as noted in paragraph 8 of this article. these actions shall be completed before the contract or other agreement is signed for the outsourcing of one or more ciss. 5. system owners shall manage the risks relating to outsourcing during the lifetime of the cis in order to meet the defined security requirements. 6. system owners shall ensure that third party contractors are obliged to immediately notify the commission of all it security incidents affecting an outsourced commission cis. 7. the system owner is responsible for ensuring the compliance of the cis, the outsourcing contract and the security arrangements with the commission's rules on information security and it security. 8. the directorate-general for human resources and security shall lay down the detailed standard related to the responsibilities and activities set out in points (1) to (7) in accordance with article 10 below. chapter 4 miscellaneous and final provisions article 9 transparency this decision shall be brought to the attention of commission staff and to all individuals to whom it applies, and published in the official journal of the european union. article 10 standards 1. the provisions of this decision shall, where necessary, be further detailed in standards and/or guidelines to be adopted in line with decision (eu, euratom) 2017/46 and with decision c(2017) 7428. it security standards and guidelines shall provide further details on these implementing rules and decision (eu, euratom) 2017/46 for specific security domains according to iso 27001:2013 annex a. these standards and guidelines are based on industry best practices and are selected to suit the commission's it environment. 2. standards shall, where necessary, be developed according to iso 27001:2013 annex a in the following domains: (1) organisation of information security; (2) human resources security; (3) asset management; (4) access control; (5) cryptography; (6) physical and environmental security; (7) operational security; (8) communications security; (9) system acquisition, development and maintenance; (10) supplier relationships; (11) information security incident management; (12) information security aspects of business continuity management; (13) compliance. 3. the issb shall approve the standards mentioned under paragraph 1 and 2 of this article before their adoption. 4. the implementing rules to decision c(2006) 3602 related to the scope of this decision are hereby repealed. 5. the standards and guidelines adopted under decision c(2006) 3602 of 16 august 2006 shall remain in effect, insofar as they do not conflict with these implementing rules, until they are repealed or replaced by standards or guidelines to be adopted under article 13 of decision (eu, euratom) 2017/46. article 11 entry into force 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, 6 april 2018. for the commission, on behalf of the president, g nther oettinger member of the commission (1) oj l 6, 11.1.2017, p. 40. (2) commission decision c(2017) 7428 final of 8 november 2017 granting an empowerment to adopt implementing rules, standards and guidelines relating to the security of communication and information systems in the european commission. (3) commission decision (eu, euratom) 2015/444 of 13 march 2015 on the security rules for protecting eu classified information (oj l 72, 17.3.2015, p. 53). (4) commission decision (eu, euratom) 2015/443 of 13 march 2015 on security in the commission (oj l 72, 17.3.2015, p. 41). annex roles and responsibilities (rasci) the rasci model assigns roles to entities using the following abbreviations: (a) r responsible; (b) a accountable; (c) s supporting; (d) c consulted; (e) i informed. role process issb hr (ds) commission departments system owner data owner liso digit contractors alignment with the commission's information security policy r/a s s encrypting technologies c a r i c it security inspections i a/r s i i s access from external networks c (1) c a r i s s outsourcing of ciss s/c a r/c (2) s c s (1) the issb is consulted in relation to the operation of internal networks by any commission department other than the directorate-general for informatics. (2) the system owner of a cis being outsourced shall be responsible, and the system owner of any other cis with which an outsourced cis interconnects shall be consulted.

name: commission implementing decision (eu) 2018/552 of 6 april 2018 updating the references in council directive 2003/96/ec to the codes of the combined nomenclature for certain products type: decision_impl subject matter: electrical and nuclear industries; energy policy; tariff policy; taxation date published: 2018-04-09 9.4.2018 en official journal of the european union l 91/27 commission implementing decision (eu) 2018/552 of 6 april 2018 updating the references in council directive 2003/96/ec to the codes of the combined nomenclature for certain products the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 2003/96/ec of 27 october 2003 restructuring the community framework for the taxation of energy products and electricity (1), and in particular the second subparagraph of article 2(5) thereof, whereas: (1) council regulation (eec) no 2658/87 (2) established a goods nomenclature, the combined nomenclature, to meet the requirements of the common customs tariff, the external trade statistics of the union, and other union policies concerning the importation or exportation of goods. (2) the products subject to the provisions of directive 2003/96/ec are described by references to the codes of the combined nomenclature of commission regulation (ec) no 2031/2001 (3). (3) pursuant to the amendments to annex i to regulation (eec) no 2658/87, the latest ones introduced by commission implementing regulation (eu) 2017/1925 (4), the codes of combined nomenclature for certain products referred to in directive 2003/96/ec, have been replaced by new codes. (4) therefore it is appropriate to update the references to certain codes used in directive 2003/96/ec to ensure that the products referred thereto are described by the new codes of the combined nomenclature, as updated by implementing regulation (eu) 2017/1925. (5) a decision to update the references to certain codes in the combined nomenclature must not result in any changes in the minimum tax rates applied in directive 2003/96/ec or to the addition or removal of any energy products. (6) directive 2003/96/ec should therefore be amended as follows. (7) the measures provided for in this decision are in accordance with the opinion of the committee on excise duty, has adopted this decision: article 1 the references in directive 2003/96/ec to certain codes of the combined nomenclature of regulation (ec) no 2031/2001 are updated to references to the corresponding codes of implementing regulation (eu) 2017/1925: (1) in article 2(1)(h), code 3824 90 99 is replaced by codes 3824 99 86, 3824 99 92 (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products), 3824 99 93, 3824 99 96 (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products), 3826 00 10 and 3826 00 90; (2) in article 16(1) the references to certain codes are updated as follows: (a) in the second indent of the first subparagraph, code 3824 90 55 is replaced by code 3824 99 55; (b) in the second indent of the first subparagraph, codes 3824 90 80 to 3824 90 99 are replaced by codes 3824 99 80, 3824 99 85, 3824 99 86, 3824 99 92 (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products), 3824 99 93, 3824 99 96 (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products), 3826 00 10 and 3826 00 90; (c) in the second subparagraph, code 2851 00 10 is replaced by code 2853 90 10; (3) in article 20(1) the references to certain codes are updated as follows: (a) in the first sentence of point (c), codes 2710 11 to 2710 19 69 are replaced by codes 2710 12 to 2710 19 68 and 2710 20 to 2710 20 39 and 2710 20 90 (only for products of which less than 90 % by volume (including losses) distils at 210 c and 65 % or more by volume (including losses) distils at 250 c by the iso 3405 method (equivalent to the astm d 86 method)),; (b) in the second sentence of point (c), code 2710 11 21 is replaced by code 2710 12 21; (c) in the second sentence of point (c), code 2710 11 25 is replaced by code 2710 12 25; (d) in the second sentence of point (c), code 2710 19 29 is replaced by codes 2710 19 29 and 2710 20 90 (only for products of which less than 90 % by volume (including losses) distils at 210 c and 65 % or more by volume (including losses) distils at 250 c by the iso 3405 method (equivalent to the astm d 86 method)); (e) in point (h), code 3824 90 99 is replaced by codes 3824 99 86, 3824 99 92 (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products), 3824 99 93, 3824 99 96 (excluding anti-rust preparations containing amines as active constituents and inorganic composite solvents and thinners for varnishes and similar products), 3826 00 10 and 3826 00 90; (4) in annex i, the references to certain codes are updated as follows: (a) table a is updated as follows: (i) code 2710 11 31 is replaced by code 2710 12 31; (ii) code 2710 11 41 is replaced by code 2710 12 41; (iii) code 2710 11 45 is replaced by code 2710 12 45; (iv) code 2710 11 49 is replaced by code 2710 12 49; (v) code 2710 11 51 is replaced by code 2710 12 51; (vi) code 2710 11 59 is replaced by code 2710 12 59; (vii) codes 2710 19 41 to 2710 19 49 are replaced by codes 2710 19 43 to 2710 19 48 and 2710 20 11 to 2710 20 19; (b) in table b, codes 2710 19 41 to 2710 19 49 are replaced by codes 2710 19 43 to 2710 19 48 and 2710 20 11 to 2710 20 19; (c) table c is updated as follows: (i) codes 2710 19 41 to 2710 19 49 are replaced by codes 2710 19 43 to 2710 19 48 and 2710 20 11 to 2710 20 19; (ii) codes 2710 19 61 to 2710 19 69 are replaced by codes 2710 19 62 to 2710 19 68 and 2710 20 31 to 2710 20 39. article 2 this decision shall enter into force on the third day following that of its publication in the official journal of the european union. it shall apply from 15 september 2018. done at brussels, 6 april 2018. for the commission the president jean-claude juncker (1) oj l 283, 31.10.2003, p. 51. (2) council regulation (eec) no 2658/87 of 23 july 1987 on the tariff and statistical nomenclature and on the common customs tariff (oj l 256, 7.9.1987, p. 1). (3) commission regulation (ec) no 2031/2001 of 6 august 2001 amending annex i to council regulation (eec) no 2658/87 on the tariff and statistical nomenclature and on the common customs tariff (oj l 279, 23.10.2001, p. 1). (4) commission implementing regulation (eu) 2017/1925 of 12 october 2017 amending annex i to council regulation (eec) no 2658/87 on the tariff and statistical nomenclature and on the common customs tariff (oj l 282, 31.10.2017, p. 1).

name: council decision (eu) 2018/539 of 20 march 2018 on the conclusion of the bilateral agreement between the european union and the united states of america on prudential measures regarding insurance and reinsurance type: decision subject matter: international affairs; information and information processing; european construction; insurance; free movement of capital; america date published: 2018-04-06 6.4.2018 en official journal of the european union l 90/36 council decision (eu) 2018/539 of 20 march 2018 on the conclusion of the bilateral agreement between the european union and the united states of america on prudential measures regarding insurance and reinsurance the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 114, in conjunction with 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) in accordance with council decision (eu) 2017/1792 (2), the bilateral agreement between the european union and the united states of america on prudential measures regarding insurance and reinsurance (the agreement) was signed on 22 september 2017, subject to its conclusion at a later date. (2) the conclusion of the agreement will lead to enhanced regulatory certainty in the application of insurance and reinsurance regulatory frameworks for insurers and reinsurers operating in the union and the united states of america as well as to improved protection for policyholders and other consumers through cooperation between supervisors on the exchange of information. (3) the agreement should be approved, has adopted this decision: article 1 the bilateral agreement between the european union and the united states of america on prudential measures regarding insurance and reinsurance is hereby approved on behalf of the union (3). article 2 the president of the council shall, on behalf of the union, give the notification provided for in article 8 of the agreement (4). article 3 the commission shall represent the union within the joint committee provided for in article 7 of the agreement, after having heard the views of the council working party on financial services, and shall inform that working party, whenever appropriate and at least on a yearly basis, of the progress made in the implementation of the agreement. article 4 any positions to be expressed on behalf of the union shall be adopted in accordance with the treaties and thus by the council as provided in article 16(1) of the treaty on european union or article 218(9) of the treaty on the functioning of the european union. article 5 this decision shall enter into force on the date of its adoption. done at brussels, 20 march 2018. for the council the president e. zaharieva (1) consent of 1 march 2018 (not yet published in the official journal). (2) council decision (eu) 2017/1792 of 29 may 2017 on the signing, on behalf of the union, and provisional application of the bilateral agreement between the european union and the united states of america on prudential measures regarding insurance and reinsurance (oj l 258, 6.10.2017, p. 1). (3) the agreement has been published in oj l 258, 6.10.2017, p. 4, together with the decision on signature and provisional application. (4) 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: commission implementing decision (eu) 2018/490 of 21 march 2018 repealing decision 2007/365/ec on emergency measures to prevent the introduction into and the spread within the community of rhynchophorus ferrugineus (olivier) (notified under document c(2018) 1607) type: decision_impl subject matter: environmental policy; natural and applied sciences; cultivation of agricultural land; natural environment; agricultural policy; trade policy; agricultural activity; forestry date published: 2018-03-23 23.3.2018 en official journal of the european union l 81/22 commission implementing decision (eu) 2018/490 of 21 march 2018 repealing decision 2007/365/ec on emergency measures to prevent the introduction into and the spread within the community of rhynchophorus ferrugineus (olivier) (notified under document c(2018) 1607) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 2000/29/ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community (1), and in particular the fourth sentence of article 16(3) thereof, whereas: (1) despite the measures set out by the commission decision 2007/365/ec (2) to prevent the introduction into and spread within the union of rhynchophorus ferrugineus (olivier), it appears from the annual surveys carried out by the member states pursuant to that decision that the organism is now widespread throughout most parts of the endangered area. (2) as a result, it is not feasible to prevent its further introduction into and spread within most of the union territory. (3) decision 2007/365/ec should therefore be repealed. (4) this decision should apply from the same date as commission implementing directive (eu) 2018/484 (3) to ensure consistency with the provisions of that directive. (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 decision 2007/365/ec is repealed. article 2 this decision shall apply from 1 october 2018. article 3 this decision is addressed to the member states. done at brussels, 21 march 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 169, 10.7.2000, p. 1. (2) commission decision 2007/365/ec of 25 may 2007 on emergency measures to prevent the introduction into and the spread within the community of rhynchophorus ferrugineus (olivier) (oj l 139, 31.5.2007, p. 24). (3) commission implementing directive (eu) 2018/484 of 21 march 2018 amending directive 93/49/eec as regards requirements to be fulfilled by the propagating material of certain genera or species of palmae in respect of rhynchophorus ferrugineus (olivier) (see p. 10 of this official journal).

name: council implementing decision (eu) 2018/485 of 19 march 2018 authorising denmark to apply a special measure derogating from article 75 of directive 2006/112/ec on the common system of value added tax type: decision_impl subject matter: taxation; europe; land transport; european union law date published: 2018-03-23 23.3.2018 en official journal of the european union l 81/13 council implementing decision (eu) 2018/485 of 19 march 2018 authorising denmark to apply a special measure derogating from article 75 of directive 2006/112/ec on the common system of value added tax the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 291(2) thereof, having regard to council directive 2006/112/ec of 28 november 2006 on the common system of value added tax (1), and in particular article 395(1) thereof, having regard to the proposal from the european commission, whereas: (1) by letter registered with the commission on 21 november 2017, in accordance with article 395(2) of directive 2006/112/ec, denmark requested authorisation to apply a special measure governing the right to deduct input vat, derogating from article 75 of that directive. (2) in accordance with the second subparagraph of article 395(2) of directive 2006/112/ec, by letters dated 7 december 2017 and 8 december 2017, the commission transmitted the request submitted by denmark to the other member states and, by letter dated 11 december 2017, notified denmark that it had all the information necessary to consider the request. (3) without a derogating measure, the legislation in denmark provides that if a light goods vehicle with a maximum authorised total weight of 3 tonnes is registered with the danish authorities as being used for business purposes only, the taxable person is allowed to deduct the full input vat on the purchase and running costs of the vehicle. if such a vehicle is subsequently used for private purposes, the taxable person loses the right to deduct the vat incurred on the purchase cost of the vehicle. (4) to mitigate the consequences of that regime, denmark has requested authorisation to apply a special measure derogating from article 75 of directive 2006/112/ec. the derogation was granted by council implementing decision 2012/447/eu (2) and subsequently by council implementing decision (eu) 2015/992 (3). the latter decision expired on 31 december 2017. (5) the measure would allow taxable persons who have registered a vehicle only for business purposes to use the vehicle for private purposes, and to calculate the taxable amount of the deemed supply of services pursuant to article 75 of directive 2006/112/ec on a daily flat-rate basis, rather than lose their right to deduct the vat incurred on the purchase cost of the vehicle. (6) this simplified calculation method should, however, be limited to 20 days of use for private purposes for each calendar year, and the flat-rate amount of vat to be paid should be fixed at dkk 40 for each day of use for private purposes. this amount has been set by the danish government on the basis of an analysis of national statistics. (7) this measure, which should apply to light goods vehicles with a maximum authorised total weight of 3 tonnes, aims to simplify the vat obligations of taxable persons who make occasional use for private purposes of a vehicle that was registered only for business purposes, thus simplifying the procedure for collecting vat. however, it would remain possible for a taxable person to choose to register a light goods vehicle as being used for both business and private purposes. in doing so, the taxable person would lose the right to deduct the vat incurred on the purchase cost of the vehicle but would not be required to pay a daily charge for any use for private purposes. (8) authorising a measure which ensures that a taxable person who makes occasional use for private purposes of a vehicle registered only for business purposes is not deprived of the full right to deduct the input vat on that vehicle is consistent with the general rules on deduction as laid down by directive 2006/112/ec. (9) the authorisation should be valid for a limited period and should therefore expire on 31 december 2020. (10) in order to ensure that the objectives pursued by the measure are achieved, including ensuring an uninterrupted application of the previously authorised derogation and providing legal certainty with regard to the tax period, it is appropriate that this decision applies from 1 january 2018. as denmark requested the renewal of the authorisation on 21 november 2017 and continued to apply the legal regime established in its national law on the basis of the previously authorised derogation as from 1 january 2018, the legitimate expectations of the persons concerned are duly respected. (11) in the event that denmark requests a further extension of the derogating measure beyond 31 december 2020, it should submit a report to the commission together with the extension request by 31 march 2020. (12) it is considered that the derogation would only have a negligible effect on the overall amount of vat revenue collected at the stage of final consumption and will have no adverse impact on the union's own resources accruing from vat, has adopted this decision: article 1 by way of derogation from article 75 of directive 2006/112/ec, where a taxable person uses a light goods vehicle, which has been registered as being solely for business use, for private purposes, or those of his staff, or more generally for purposes other than those of his business, denmark is authorised to determine the taxable amount by reference to a flat rate for each day of such use. the flat rate per day as referred to in the first paragraph shall be dkk 40. article 2 the measure referred to in article 1 shall only apply to light goods vehicles with a maximum authorised total weight of 3 tonnes. this measure shall not apply where the use for private purposes exceeds 20 days per calendar year. article 3 this decision shall take effect on the date of its notification. it shall apply from 1 january 2018 to 31 december 2020. any request for the extension of the measure provided for in this decision shall be submitted to the commission by 31 march 2020 and shall be accompanied by a report which includes a review of the measure. article 4 this decision is addressed to the kingdom of denmark. done at brussels, 19 march 2018. for the council the president r. porodzanov (1) oj l 347, 11.12.2006, p. 1. (2) council implementing decision 2012/447/eu of 24 july 2012 authorising denmark to introduce a special measure derogating from article 75 of directive 2006/112/ec on the common system of value added tax (oj l 202, 28.7.2012, p. 24). (3) council implementing decision (eu) 2015/992 of 19 june 2015 authorising denmark to introduce a special measure derogating from article 75 of directive 2006/112/ec on the common system of value added tax (oj l 159, 25.6.2015, p. 66).

name: commission implementing decision (eu) 2018/478 of 20 march 2018 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (notified under document c(2018) 1592) (text with eea relevance. ) type: decision_impl subject matter: europe; health; agricultural activity; agricultural policy; means of agricultural production date published: 2018-03-22 22.3.2018 en official journal of the european union l 79/38 commission implementing decision (eu) 2018/478 of 20 march 2018 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (notified under document c(2018) 1592) (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, where there have been confirmed cases of that disease in domestic or feral pigs (the concerned member states). parts i to iv of the annex to that implementing decision demarcates and lists certain areas of the concerned member states, differentiated by the level of risk based on the epidemiological situation as regards that disease. (2) the risk of the spread of african swine fever in wildlife is linked to the natural slow spread of that disease among wild boar populations, and also the risks linked to human activity, as demonstrated by the recent epidemiological evolution of that disease in the union, and as documented by the european food safety authority (efsa) in the scientific opinion of the panel on animal health and welfare, published on 14 july 2015; in the scientific report of the efsa on epidemiological analyses on african swine fever in the baltic countries and poland, published on 23 march 2017; and in the scientific report of the efsa on epidemiological analyses of african swine fever in the baltic states and poland, published on 7 november 2017 (5). (3) the annex to implementing decision 2014/709/eu has been amended several times to take account of changes in the epidemiological situation as regards african swine fever in the union that needed to be reflected in that annex. the annex to implementing decision 2014/709/eu was recently amended by commission implementing decision (eu) 2018/169 (6) to take account of changes in the epidemiological situation in the czech republic, latvia, lithuania and poland. the annex to implementing decision 2014/709/eu was also subsequently amended by commission implementing decision (eu) 2018/263 (7) to take account of changes in the epidemiological situation in poland. (4) since 7 february 2017, there has been no notification of any outbreak of african swine fever in domestic pigs in certain areas west of riga of latvia which are currently listed in part iii of the annex to implementing decision 2014/709/eu. in addition, the surveillance data provided by that member state demonstrate that the supervision of biosecurity measures has been implemented in a satisfactory manner in holdings in those areas, based on national programmes for biosecurity aimed at the prevention of the spread of that virus. these facts indicate an improvement in the epidemiological situation in latvia. (5) in february 2018, an outbreak of african swine fever in domestic pigs occurred in gminy jab o in poland. that area is currently listed in part ii of the annex to implementing decision 2014/709/eu. that outbreak constitutes an increased level of risk that should be reflected in the annex to that implementing decision. (6) in february 2018, a number of cases of african swine fever in wild boar were observed at the southern edge of the area in the czech republic listed in part ii of the annex to implementing decision 2014/709/eu. these cases constitute an increased level of risk that should be reflected in the annex to implementing decision 2014/709/eu. (7) in january and february 2018, a number of cases of african swine fever in wild boar were observed in the northern part of lithuania bordering latvia and in the southern part of lithuania bordering poland. these cases constitute an increased level of risk for certain areas in the northern and in southern part of lithuania that should be reflected in the annex to implementing decision 2014/709/eu. (8) in february 2018, a number of cases of african swine fever in wild boar were observed in certain areas at the northern edge of the area listed in part i and located at east in latvia and in certain areas listed in part i in latvia bordering lithuania. these cases constitute an increased level of risk that should be reflected in the annex to implementing decision 2014/709/eu. (9) in order to focus the animal health control measures provided for in implementing decision 2014/709/eu, and thus prevent the further spread of african swine fever, while at the same time preventing any unnecessary disturbance to trade within the union, and also avoiding any unjustified barriers to trade being established 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 updated to take account of the changes in the epidemiological situation as regards that disease in the czech republic, latvia, lithuania and poland. (10) in order to take account of recent developments in the epidemiological evolution of african swine fever in the union, and in order to combat the risks associated with the spread of that disease in a proactive manner, higher risk areas of a sufficient size should be demarcated for the czech republic, latvia, lithuania and poland and included in the lists in parts i and ii of the annex to implementing decision 2014/709/eu. (11) in addition, some of the areas affected by the recent cases of african swine fever in wild boar in the czech republic, latvia, lithuania and poland that are currently listed in part i of the annex to implementing decision 2014/709/eu should now be listed instead in part ii of that annex. (12) furthermore, the specific areas of latvia that are currently listed in part iii of the annex to implementing decision 2014/709/eu, where there have been no recent notifications of outbreaks of african swine fever, should now be listed instead in part ii of that annex. (13) in addition, the specific area of poland that is currently listed in part ii of the annex to implementing decision 2014/709/eu, where there has been recent notification of an outbreak of african swine fever, should now be listed instead in part iii of that annex. the annex to implementing decision 2014/709/eu should therefore be amended accordingly. (14) 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, 20 march 2018. 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). (5) efsa journal 2015;13(7):4163 [92 pp.]; efsa journal 2017;15(3):4732 [73 pp.]; and efsa journal 2017;15(11): 5068 [30 pp.]. (6) commission implementing decision (eu) 2018/169 of 1 february 2018 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (oj l 31, 3.2.2018, p. 88). (7) commission implementing decision (eu) 2018/263 of 20 february 2018 amending implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (oj l 49, 22.2.2018, p. 66). annex the annex to implementing decision 2014/709/eu is replaced by the following: annex part i 1. the czech republic the following areas in the czech republic: okres uhersk hradi t , okres krom , okres vset n, katastr ln zem obc v okrese zl n: b lov, biskupice u luha ovic, bohuslavice nad vl , bohuslavice u zl na, brumov, b ez vky, bylnice, divnice, dobrkovice, doln lhota u luha ovic, doubravy, drnovice u vala sk ch klobouk, halenkovice, haluzice, horn lhota u luha ovic, hr dek na vl rsk dr ze, h iv n v jezd, jest ab nad vl , ka ovice u luha ovic, karlovice u zl na, keln ky, kladn - il n, kochavec, kom rov u napajedel, k ekov, kv tkovice u otrokovic, lhota u zl na, lipina, lipov u slavi na, lou ka i, lou ka ii, ludkovice, luha ovice, machov , miro ov u vala sk ch klobouk, myslo ovice, napajedla, n vojn , neda ov, neda ova lhota, nev ov , old ichovice u napajedel, otrokovice, petr vka u slavi na, podhrad u luha ovic, poho elice u napajedel, polichno, popov nad vl , pote , pozlovice, provodov na morav , rokytnice u slavi na, rudimov, etechov, sala u zl na, sazovice, sehradice, sidonie, slavi n, slopn , smolina, spytihn v, svat t p n, anov, arovy, t tn nad vl , tichov, tluma ov na morav , jezd u vala sk ch klobouk, vala sk klobouky, velk o echov, vlachova lhota, vlachovice, vrb tice, vysok pole, lutava. 2. estonia the following areas in estonia: hiiu maakond. 3. latvia the following areas in latvia: aizputes novads, alsungas novads, kuld gas novada gudenieku, turlavas, un laidu pagasts, p vilostas novada sakas pagasts un p vilostas pils ta, saldus novada ezeres, kurs u, novadnieku, pamp u, saldus un za as pagasts un zir u pagasta da a, kas atrodas uz dienvidiem no autoce a a9, saldus pils ta, skrundas novada, n kr ces un rudb r u pagasts un skrundas pagasta da a, kas atrodas uz dienvidiem no autoce a a9, skrundas pils ta, stopi u novada da a, kas atrodas uz rietumiem no autoce a v36, p4 un p5, acones ielas, daugu upes ielas un daugu up tes, ventspils novada j rkalnes pagasts. 4. lithuania the following areas in lithuania: akmen s rajono savivaldyb : papil s seni nijos, jurbarko rajono savivaldyb : er vilko, smalinink ir vie vil s seni nijos, kazl r dos savivaldyb , kelm s rajono savivaldyb , ma eiki rajono savivaldyb : sedos, erk n n , tirk li ir idik seni nijos, pag gi savivaldyb , raseini rajono savivaldyb : girkalnio ir kaln j seni nijos dalis iaur nuo kelio nr a1, nemak i , paliepi , raseini , raseini miesto ir vidukl s seni nijos, aki rajono savivaldyb , iauli miesto savivaldyb , iauli rajono savivaldyb , taurag s rajono savivaldyb , tel i rajono savivaldyb : nevar n ir try ki seni nijos. 5. poland the following areas in poland: w wojew dztwie warmi sko-mazurskim: gmina stare juchy w powiecie e ckim, gmina dubeninki w powiecie go dapskim, gmina ruciane nida i cz gminy pisz po o ona na po udnie od linii wyznaczonej przez drog nr 58 oraz miasto pisz w powiecie piskim, gminy gi ycko z miastem gi ycko, kruklanki, mi ki, wydminy i ryn w powiecie gi yckim, gmina miko ajki w powiecie mr gowskim, gminy kowale oleckie, olecko, witajno i cz gminy wieliczki po o ona na p noc od linii wyznaczonej przez drog nr 655 w powiecie oleckim, gminy bisztynek i spopol w powiecie bartoszyckim, gmina korsze w powiecie ktrzy skim, gminy lidzbark warmi ski z miastem lidzbark warmi ski, lubomino, orneta i kiwity w powiecie lidzbarskim, cz gminy wilczta po o ona na po udnie od linii wyznaczonej przez drog nr 509 w powiecie braniewskim, gminy godkowo, milejewo, m ynary, pas k i tolkmicko w powiecie elbl skim, powiat miejski elbl g. w wojew dztwie podlaskim: gmina bra sk z miastem bra sk, gminy rudka, wyszki, cz gminy bielsk podlaski po o ona na zach d od linii wyznaczonej przez drog nr 19 (w kierunku p nocnym od miasta bielsk podlaski) i przed u onej przez wschodni granic miasta bielsk podlaski i drog nr 66 (w kierunku po udniowym od miasta bielsk podlaski) i miasto bielsk podlaski w powiecie bielskim, gmina perlejewo w powiecie siemiatyckim, gminy kolno z miastem kolno, ma y p ock i turo l w powiecie kolne skim, gminy juchnowiec ko cielny, sura i po witne w powiecie bia ostockim, powiat zambrowski, gminy baka arzewo, wi ajny, przero l, filip w, cz gminy raczki po o ona na p noc od linii wyznaczonej przez drog 655 i cz gminy suwa ki po o ona na zach d od linii wyznaczonej przez drog nr 655 w powiecie suwalskim, gminy kulesze ko cielne, nowe piekuty, szepietowo, klukowo, ciechanowiec, wysokie mazowieckie z miastem wysokie mazowieckie, czy ew w powiecie wysokomazowieckim, gminy om a, miastkowo, nowogr d, pi tnica, niadowo i zb jna w powiecie om y skim, powiat miejski om a. w wojew dztwie mazowieckim: gminy ceran w, kos w lacki, sabnie, sterdy , cz gminy bielany po o ona na zach d od linii wyznaczonej przez drog nr 63 i cz gminy wiejskiej soko w podlaski po o ona na zach d od linii wyznaczonej przez drog nr 63 w powiecie soko owskim, gminy grbk w, liw, miedzna, wierzbno i miasto wgr w w powiecie wgrowskim, gminy kotu , i wodynie w powiecie siedleckim, gminy rzeku , troszyn, czerwin i goworowo w powiecie ostro ckim, powiat ostrowski, gminy ma a wie i wyszogr d w powiecie p ockim, gminy czerwi sk nad wis , joniec, naruszewo i za uski w powiecie p o skim, gmina nasielsk w powiecie nowodworskim, gminy obryte, winnica, zatory i pu tusk z miastem pu tusk w powiecie pu tuskim, gmina somianka w powiecie wyszkowskim, gminy d br wka, klemb w, po witne i t uszcz w powiecie wo omi skim, gminy mi sk mazowiecki z miastem mi sk mazowiecki, mrozy, ceg w, dbe wielkie, halin w, ka uszyn, siennica, stanis aw w, i latowicz w powiecie mi skim, gminy borowie, garwolin z miastem garwolin, miastk w ko cielny, parys w, pilawa i wilga w powiecie garwoli skim, gmina tarczyn w powiecie piaseczy skim, gminy gr jec, jasieniec, pniewy i warka w powiecie gr jeckim, gminy grab w nad pilic i magnuszew w powiecie kozienickim, gminy brwin w, micha owice, nadarzyn, piast w i, pruszk w w powiecie pruszkowskim, gminy baran w, grodzisk mazowiecki, milan wek, podkowa le na i abia wola w powiecie grodziskim, gminy i w, m odzieszyn, nowa sucha, rybno, sochaczew z miastem sochaczew i teresin w powiecie sochaczewskim. w wojew dztwie lubelskim: gminy cyc w, ludwin, czna, milej w, puchacz w i spiczyn w powiecie czy skim, gmina borki w powiecie radzy skim, gmina adam w, krzywda, serokomla, wojcieszk w i wola mys owska w powiecie ukowskim, gminy, dubienka, kamie , siedliszcze, rejowiec, rejowiec fabryczny z miastem rejowiec fabryczny, mud i cz gminy wiejskiej che m po o ona na po udnie od linii wyznaczonej przez drog nr 812 biegn c od zachodniej granicy tej gminy do granicy powiatu miejskiego che m, a nastpnie po udniow granic powiatu miejskiego che m do wschodniej granicy gminy oraz cz gminy dorohusk po o ona na po udnie od drogi nr e373 w powiecie che mskim, gminy firlej, kock, kamionka, mich w, lubart w z miastem lubart w, serniki, ostr w lubelski w powiecie lubartowskim. part ii 1. the czech republic the following areas in the czech republic: katastr ln zem obc v okrese zl n: bohuslavice u zl na, brat ejov u vizovic, b eznice u zl na, b ezov u zl na, b ez vky, de n u zl na, doln ves, doubravy, dr kov , fry t k, horn lhota u luha ovic, horn ves u fry t ku, hosti ov , hrobice na morav , hvozdn , chrast ov, jaroslavice u zl na, jasenn na morav , karlovice u zl na, ka ava, kle vka, kostelec u zl na, kudlov, kv tkovice u otrokovic, lhota u zl na, lhotka u zl na, lhotsko, l pa nad d evnic , lou ka i, lou ka ii, louky nad d evnic , lukov u zl na, lukove ek, lutonina, lu kovice, malenovice u zl na, mladcov , neubuz, old ichovice u napajedel, ostrata, podhrad u luha ovic, podkopn lhota, provodov na morav , pr tn , p luky u zl na, rackov , rakov , sala u zl na, sehradice, slopn , slu ovice, t pa, te ovice, trnava u zl na, ublo, jezd u vala sk ch klobouk, vel kov , vesel u zl na, v tov , vizovice, vl kov , v emina, vysok pole, z dve ice, zl n, elechovice nad d evnic . 2. estonia the following areas in estonia: haapsalu linn, hanila vald, harju maakond, ida-viru maakond, j geva maakond, j rva maakond, kihelkonna vald, kullamaa vald, kuressaare linn, l ne-viru maakond, l ne-saare vald, osa leisi vallast, mis asub l ne pool kuressaare-leisi maanteest (maantee nr 79), lihula vald, martna vald, muhu vald, mustjala vald, osa noarootsi vallast, mis asub p hja pool maanteest nr 230, n va vald, pihtla vald, p rnu maakond (v lja arvatud audru ja t stamaa vald), p lva maakond, rapla maakond, osa ridala vallast, mis asub edela pool maanteest nr 31, ruhnu vald, salme vald, tartu maakond, torgu vald, valga maakond, viljandi maakond, vormsi vald, v ru maakond. 3. latvia the following areas in latvia: da u novads, aglonas novada kastu inas, gr veru un eltovas pagasts, aizkraukles novads, akn stes novads, alojas novads, al ksnes novads, amatas novads, apes novads, auces novada b nes, lielauces, les, vecauces un ukru pagasts, auces pils ta, bab tes novads, baldones novads, baltinavas novads, balvu novads, bauskas novads, bever nas novads, broc nu novads, burtnieku novads, carnikavas novads, c su novads, cesvaines novads, ciblas novads, dagdas novads, daugavpils novada vaboles, l ksnas, sventes, medumu, demenes, kalk nes, laucesas, tabores, ma inovas, ambe u, bi ernieku, naujenes, vecsalienas, salienas un skrudalienas pagasts, dobeles novads, dundagas novads, engures novads, rg u novads, garkalnes novads, gulbenes novads, iecavas novads, ik iles novads, il kstes novads, in ukalna novads, jaunjelgavas novads, jaunpiebalgas novads, jaunpils novads, j kabpils novads, jelgavas novads, kandavas novads, k rsavas novads, eguma novads, ekavas novads, koc nu novads, kokneses novads, kr slavas novads, krimuldas novads, krustpils novads, kuld gas novada doles, vandes, kurm les, padures, pel u, rumbas, rendas, kabiles, sn peles un v rmes pagasts, kuld gas pils ta, lielv rdes novads, l gatnes novads, limba u novads, l v nu novads, lub nas novads, ludzas novads, madonas novads, m lpils novads, m rupes novads, mazsalacas novads, m rsraga novads, nauk nu novads, neretas novada mazzalves pagasta da a, kas atrodas uz zieme austrumiem no autoce a p73 un uz rietumiem no autoce a 932, ogres novads, olaines novads, ozolnieku novads, p rgaujas novads, p avi u novads, prei u novada saunas pagasts, prieku u novada veselavas pagasts un prieku u pagasta da a, kas atrodas uz dienvidiem no autoce a p28 un rietumiem no autoce a p20, raunas novada drustu pagasts un raunas pagasta da a, kas atrodas uz dienvidiem no autoce a a2, republikas pils ta daugavpils, republikas pils ta jelgava, republikas pils ta j kabpils, republikas pils ta j rmala, republikas pils ta r zekne, republikas pils ta valmiera, r zeknes novada audri u, b rzgales, ornajas, dric nu, gaigalavas, gri k nu, ilzeskalna, kantinieku, kaunatas, lend u, l znavas, maltas, m ko kalna, nag u, ozolaines, ozolmui as, rikavas, nautr nu, sakstagala, silmalas, sto erovas, stru nu un v r mu pagasts un feima u pagasta da a, kas atrodas uz zieme iem no autoce a v577 un pu as pagasta da a, kas atrodas uz zieme austrumiem no autoce a v577 un v597, riebi u novada s ukalna, stabulnieku, gal nu un silaj u pagasts, rojas novads, ropa u novads, rug ju novads, rund les novads, r jienas novads, salacgr vas novads, salas novads, salaspils novads, saldus novada jaunlutri u, lutri u un des pagasts un zir u pagasta da a, kas atrodas uz zieme iem no autoce a a9, saulkrastu novads, s jas novads, siguldas novads, skr veru novads, skrundas novada ra u pagasts un skrundas pagasta da a, kas atrodas uz zieme iem no autoce a a9 smiltenes novads, stopi u novada da a, kas atrodas uz austrumiem no autoce a v36, p4 un p5, acones ielas, daugu upes ielas un daugu up tes, stren u novads, talsu novads, t rvetes novads, tukuma novads, valkas novads, varak nu novads, vecpiebalgas novads, vecumnieku novads, ventspils novada ances, t rgales, popes, v rves, u avas, piltenes, puzes, ziru, ug les, usmas un zl ku pagasts, piltenes pils ta, vies tes novada elk u un vies tes pagasts, vies tes pils ta, vi akas novads, vi nu novads, zilupes novads. 4. lithuania the following areas in lithuania: akmen s rajono savivaldyb : akmen s, naujosios akmen s kaimi koji, kruopi , naujosios akmen s miesto ir ventos seni nijos, alytaus miesto savivaldyb , alytaus rajono savivaldyb , anyk i rajono savivaldyb : andrioni kio, anyk i , debeiki , kavarsko seni nijos dalis iaur s rytus nuo kelio nr. 1205 ir iaur rytus nuo kelio nr. 1218, kurkli , skiemoni , sv das , tro k n ir vie int seni nijos, bir tono savivaldyb , bir miesto savivaldyb , bir rajono savivaldyb : nemun lio radvili kio, pabir s, pa eriauk t s ir parov jos seni nijos, elektr n savivaldyb , ignalinos rajono savivaldyb , jonavos rajono savivaldyb , joni kio rajono savivaldyb jurbarko rajono savivaldyb : gird i , jurbarko miesto, jurbark , juodai i , raudon s, sered iaus, veliuonos,skirsnemun s ir imkai i seni nijos, kai iadori miesto savivaldyb , kai iadori rajono savivaldyb , kalvarijos savivaldyb , kauno miesto savivaldyb , kauno rajono savivaldyb s: akademijos, al n , batniavos, domeikavos, e er lio, garliavos apylinki , garliavos, karm lavos, ka ergin s, kulautuvos, lapi , linksmakalnio, neveroni , raudondvario, ringaud , rok , samyl , taurakiemio, u lied i , vilkijos apylinki , vilkijos, zapy kio seni nijos, k daini rajono savivaldyb savivaldyb s: dotnuvos, gud i n , josvaini seni nijos dalis iaur nuo kelio nr 3514 ir nr 229, kraki , k daini miesto, survili kio, truskavos, vilaini ir tos seni nijos, kupi kio rajono savivaldyb : nori n , skapi kio, suba iaus ir imoni seni nijos, marijampol s savivaldyb , ma eiki rajono savivaldyb s: lai uvos, ma eiki apylink s, ma eiki , reivy i ir viek ni seni nijos, mol t rajono savivaldyb , pakruojo rajono savivaldyb : klovaini , rozalimo, lygum , pakruojo, eimelio, linkuvos ir pa vitinio seni nijos, panev io rajono savivaldyb : krekenavos senin nijos dalis vakarus nuo nev io up s ir pietus nuo kelio nr. 3004, pasvalio rajono savivaldyb : joni k lio apylinki , joni k lio miesto, salo i ir pu aloto seni nijos, radvili kio rajono savivaldyb , raseini rajono savivaldyb : ariogalos, betygalos, pagojuk ir iluvos seni nijos ir kaln j ir girkalnio seni nij dalis pietus nuo kelio nr. a1, prien miesto savivaldyb , prien rajono savivaldyb , roki kio rajono savivaldyb , irvint rajono savivaldyb , ven ioni rajono savivaldyb , trak rajono savivaldyb , utenos rajono savivaldyb , vilniaus miesto savivaldyb , vilniaus rajono savivaldyb , vilkavi kio rajono savivaldyb , visagino savivaldyb , zaras rajono savivaldyb . 5. poland the following areas in poland: w wojew dztwie warmi sko-mazurskim: gminy kalinowo, prostki i gmina wiejska e k w powiecie e ckim, cz gminy wieliczki po o ona na po udnie od linii wyznaczonej przez drog nr 655w powiecie oleckim, gmina orzysz, bia a piska i cz gminy pisz po o ona na p noc od linii wyznaczonej przez drog nr 58 w powiecie piskim, gminy g rowo i aweckie z miastem g rowo i aweckie, bartoszyce z miastem bartoszyce w powiecie bartoszyckim, gminy braniewo z miastem braniewo, lelkowo, pieni no, frombork, p oskinia i cz gminy wilczta po o ona na p noc od linii wyznaczonej przez drog 509 w powiecie braniewskim. w wojew dztwie podlaskim: cz gminy wizna po o ona na zach d od linii wyznaczonej przez drog cz c miejscowo ci jedwabne i wizna oraz na po udnie od linii wyznaczon przez drog nr 64 (od skrzy owania w miejscowo ci wizna w kierunku wschodnim do granicy gminy) w powiecie om y skim, gminy grodzisk, drohiczyn i dziadkowice w powiecie siemiatyckim, gmina dubicze cerkiewne, czy e, bia owie a, hajn wka z miastem hajn wka, narew, narewka i cz ci gmin kleszczele i czeremcha po o one na wsch d od drogi nr 66 w powiecie hajnowskim, gmina kobylin-borzymy i soko y w powiecie wysokomazowieckim, gminy grabowo i stawiski w powiecie kolne skim, gminy czarna bia ostocka, dobrzyniewo du e, gr dek, apy, micha owo, supra l, turo ko cielna, tykocin, wasilk w, zab ud w, zawady i choroszcz w powiecie bia ostockim, cz gminy bielsk podlaski po o ona na wsch d od linii wyznaczonej przez drog nr 19 (w kierunku p nocnym od miasta bielsk podlaski) i przed u onej przez wschodni granic miasta bielsk podlaski i drog nr 66 (w kierunku po udniowym od miasta bielsk podlaski), gminy orla i bo ki w powiecie bielskim, powiat sejne ski, gminy jeleniewo, rutka-tartak, szypliszki cz gminy raczki po o ona na po udnie od linii wyznaczonej przez drog 655 i cz gminy suwa ki po o ona na wsch d od linii wyznaczonej przez drog nr 655 w powiecie suwalskim, powiat miejski suwa ki, gminy august w z miastem august w, barg w ko cielny, nowinka, p aska i sztabin w powiecie augustowskim, powiat sok lski, powiat miejski bia ystok. w wojew dztwie mazowieckim: gmina przesmyki, domanice, sk rzec, siedlce, sucho ebry, mokobody, mordy, wi niew i zbuczyn w powiecie siedleckim, gmina repki, jab onna lacka, cz gminy bielany po o ona na wsch d od linii wyznaczonej przez drog nr 63 i cz gminy wiejskiej soko w podlaski po o ona na wsch d od linii wyznaczonej przez drog nr 63 w powiecie soko owskim, gminy osice i olszanka w powiecie osickim, gmina broch w w powiecie sochaczewskim, gminy czosn w, leoncin, miasto nowy dw r mazowiecki, pomiech wek i zakroczym w powiecie nowodworskim, gmina pokrzywnica w powiecie pu tuskim, gminy koby ka, marki, radzymin, wo omin, zielonka i z bki w powiecie wo omi skim, gmina sulej wek w powiecie mi skim, powiat warszawski zachodni, powiat legionowski, powiat otwocki, gminy konstancin jeziorna, lesznowola, piaseczno, pra m w i g ra kalwaria w powiecie piaseczy skim, gmina raszyn w powiecie pruszkowskim, gmina chyn w w powiecie gr jeckim, powiat miejski siedlce, powiat miejski warszawa. w wojew dztwie lubelskim: gminy wohy , ulan-majorat, czemierniki i miasto radzy podlaski w powiecie radzy skim, gmina wiejska uk w z miastem uk w, stanin, stoczek ukowski z miastem stoczek ukowski i trzebiesz w w powiecie ukowskim, gminy stary brus i urszulin w powiecie w odawskim, gminy rossosz, wisznice, s awatycze, sosn wka, tuczna i omazy w powiecie bialskim, gminy dbowa k oda, milan w, parczew, sosnowica i siemie w powiecie parczewskim, gminy nied wiada i ostr wek i u cim w w powiecie lubartowskim, gminy ruda huta, sawin, wierzbica, cz gminy wiejskiej che m po o ona na p noc od linii wyznaczonej przez drog nr 812 biegn c od zachodniej granicy tej gminy do granicy powiatu miejskiego che m, a nastpnie p nocn granic powiatu miejskiego che m do wschodniej granicy gminy oraz cz gminy dorohusk po o ona na p noc od drogi nr e373 w powiecie che mskim. powiat miejski che m. part iii 1. estonia the following areas in estonia: audru vald, l ne-nigula vald, laimjala vald, osa leisi vallast, mis asub ida pool kuressaare-leisi maanteest (maantee nr 79), osa noarootsi vallast, mis asub l una pool maanteest nr 230, orissaare vald, p ide vald, osa ridala vallast, mis asub kirde pool maanteest nr 31, t stamaa vald, valjala vald. 2. latvia the following areas in latvia: aglonas novada aglonas pagasts, auces novada v ti u pagasts, daugavpils novada n cgales, kalupes, dubnas un vi u pagasts, neretas novada neretas, pilskalnes, zalves pagasts un mazzalves pagasta da a, kas atrodas uz dienvidrietumiem no autoce a p73 un uz austrumiem no autoce a 932, prieku u novada liepas un m rsn nu pagasts un prieku u pagasta da a, kas atrodas uz zieme iem no autoce a p28 un austrumiem no autoce a p20, prei u novada prei u, aizkalnes un pel u pagasts un prei u pils ta, raunas novada raunas pagasta da a, kas atrodas uz zieme iem no autoce a a2, r zeknes novada feima u pagasta da a, kas atrodas uz dienvidiem no autoce a v577 un pu as pagasta da a, kas atrodas uz dienvidrietumiem no autoce a v577 un v597, riebi u novada riebi u un ru onas pagasts, saldus novada jaunauces, rubas, vadakstes un zv rdes pagasts, v rkavas novads, vies tes novada rites un saukas pagasts. 3. lithuania the following areas in lithuania: anyk i rajono savivaldyb : kavarsko seni nijos dalis vakarus nuo kelio nr. 1205 ir pietus nuo kelio nr. 1218 ir traupio seni nija, bir rajono savivaldyb : vabalninko, papilio ir irvenos seni nijos, druskinink savivaldyb , kauno rajono savivaldyb : babt , eki k s ir vand iogalos seni nijos, k daini rajono savivaldyb : pel dnagi , pernaravos seni nijos ir josvaini seni nijos dalis pietus nuo kelio nr 3514 ir nr 229, kupi kio rajono savivaldyb : alizavos ir kupi kio seni nijos, lazdij rajono savivaldyb , pakruojo rajono savivaldyb : guostagalio seni nija, panev io miesto savivaldyb , panev io rajono savivaldyb : karsaki kio, mie i ki , naujamies io, pa strio, panev io raguvos, ramygalos, smilgi , upyt s, vadokli , vel io seni nijos ir krekenavos seni nijos dalis rytus nuo nev io up s ir iaur nuo kelio nr. 3004, pasvalio rajono savivaldyb : dauj n , krin ino, nami i , pasvalio apylinki , pasvalio miesto, pump n ir va k seni nijos, al inink rajono savivaldyb , ukmerg s rajono savivaldyb , var nos rajono savivaldyb . 4. poland the following areas in poland: w wojew dztwie podlaskim: powiat grajewski, powiat moniecki, gminy jedwabne i przytu y oraz cz gminy wizna, po o ona na wsch d od linii wyznaczonej przez drog cz c miejscowo ci jedwabne i wizna oraz na p noc od linii wyznaczonej przez drog 64 (od skrzy owania w miejscowo ci wizna w kierunku wschodnim do granicy gminy) w powiecie om y skim, gmina lipsk w powiecie augustowskim, cz ci gminy czeremcha i kleszczele po o one na zach d od drogi nr 66 w powiecie hajnowskim, gminy, mielnik, milejczyce, nurzec-stacja, siemiatycze z miastem siemiatycze w powiecie siemiatyckim. w wojew dztwie mazowieckim: gminy plater w, sarnaki, stara kornica i huszlew w powiecie osickim, gminy korczew i paprotnia w powiecie siedleckim. w wojew dztwie lubelskim: gminy kode , konstantyn w, jan w podlaski, le na podlaska, piszczac, rokitno, bia a podlaska, zalesie i terespol z miastem terespol, drel w, midzyrzec podlaski z miastem midzyrzec podlaski w powiecie bialskim, powiat miejski bia a podlaska, gminy radzy podlaski, komar wka podlaska i k kolewnica w powiecie radzy skim, gminy hanna, ha sk, wola uhruska, wyryki i gmina wiejska w odawa w powiecie w odawskim, gminy jab o i podedw rze w powiecie parczewskim. part iv italy the following areas in italy: tutto il territorio della sardegna.

name: council decision (cfsp) 2018/476 of 21 march 2018 amending decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya type: decision subject matter: civil law; european construction; international affairs; africa date published: 2018-03-22 22.3.2018 en official journal of the european union l 79/30 council decision (cfsp) 2018/476 of 21 march 2018 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) concerning restrictive measures in view of the situation in libya. (2) on 28 september 2017, the council adopted decision (cfsp) 2017/1776 (2) amending decision (cfsp) 2015/1333. (3) in view of the continuing instability and gravity of the situation in libya the council has decided that the restrictive measures concerning three persons should be extended for a further period of 6 months. (4) decision (cfsp) 2015/1333 should therefore be amended accordingly, has adopted this decision: article 1 in article 17 of decision (cfsp) 2015/1333, paragraphs 3 and 4 are replaced by the following: 3. the measures referred to in article 8(2) shall apply with regard to entries 16, 17 and 18 in annex ii until 2 october 2018. 4. the measures referred to in article 9(2) shall apply with regard to entries 21, 22 and 23 in annex iv until 2 october 2018. 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, 21 march 2018. for the council the president e. zaharieva (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) 2017/1776 of 28 september 2017 amending decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya (oj l 251, 29.9.2017, p. 28).

name: commission decision (eu) 2018/479 of 20 march 2018 on the long-term national aid scheme for agriculture in the northern regions of sweden (notified under document c(2018) 1622) type: decision subject matter: agricultural policy; regions of eu member states; europe; regions and regional policy; cooperation policy; eu finance date published: 2018-03-22 22.3.2018 en official journal of the european union l 79/55 commission decision (eu) 2018/479 of 20 march 2018 on the long-term national aid scheme for agriculture in the northern regions of sweden (notified under document c(2018) 1622) (only the swedish text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to the act of accession to the european union of austria, finland and sweden, and in particular article 142 thereof, whereas: (1) by decision 96/228/ec (1) the commission had approved the long-term national aid scheme for agriculture in the northern regions of sweden (nordic aid scheme) as notified by sweden pursuant to article 143 of the act of accession with a view to authorisation under article 142 of the act of accession. decision 96/228/ec was replaced by commission decision c(2010) 6050 (2). that decision was last amended by commission implementing decision c(2015) 6592 (3). (2) by letter of 17 november 2017 sweden proposed that the commission amend decision c(2010) 6050 in order to simplify the administration of the scheme and to take account of the changes in the common agricultural policy as well as of the economic developments in the agriculture in the northern regions of sweden. on 6 december 2017, sweden sent to the commission additional information concerning the proposal. (3) given the resulting amendments to decision c(2010) 6050 and the number of previous amendments, it is appropriate to replace that decision by a new decision. (4) the long-term national aid referred to in article 142 of the act of accession is intended to ensure that agricultural activity is maintained in northern regions as determined by the commission. (5) taking account of the factors referred to in article 142(1) and (2) of the act of accession it is appropriate to specify the administrative units, grouped by sub-regions, which are situated north of the 62nd parallel or adjacent to that parallel and which are affected by comparable climatic conditions rendering agricultural activity particularly difficult. these sub-regions have a population density lower than or equal to 10 inhabitants per square kilometre, a utilised agricultural area (uaa) considered to constitute 10 % or less of the overall surface area of the municipality and a portion of the uaa devoted to arable crops intended for human consumption less than or equal to 20 %. sub-regions surrounded by others within such areas should be included, even where they do not satisfy the same requirements. (6) in order to facilitate the administration of the scheme and to coordinate it with support under regulation (eu) no 1305/2013 of the european parliament and of the council (4), it is appropriate to include in the areas receiving aid under this decision the same municipal units as those belonging to the area delimited under the second subparagraph of article 32(2) of regulation (eu) no 1305/2013 in the rural development programme. (7) the reference period in relation to which the development of agricultural production and the level of overall support is to be considered, using the available national statistics as a basis and with a view to ensuring a uniform application to all sectors of production, should be the year 1993. (8) according to article 142 of the act of accession, the total amount of the aid granted should be sufficient to maintain agricultural activity in the northern regions of sweden but may not lead to overall support exceeding the level of support during a pre-accession reference period to be determined. in order to grant support under article 142 of the act of accession at an adequate level considering the present production costs whilst not exceeding the level of support during the determined pre-accession reference period it is appropriate to take the development in the consumer price index from 1993 to 2017 in sweden into account when determining the maximum allowable level of aid under that article. (9) consequently, on the basis of 2017 data, and having regard to the 5-year reporting periods laid down in article 143(2) of the act of accession, the maximum annual aid amount should be set at sek 422,92 million, calculated as an average over a 5-year period from 1 january 2018 until 31 december 2022. (10) in order to simplify the nordic aid scheme and to allow sweden flexibility in directing the aid to different production sectors, one maximum average annual aid amount should be laid down for the total support, including a separate maximum support for the production and transport of cow's milk with a view to ensuring balanced distribution of support. (11) the aid should be granted annually on the basis of production factors (livestock units and hectares), except for cow's milk where it should be granted on the basis of units of production (kilograms) within the total limits laid down by this decision. (12) with a view to allowing prompt reactions to the volatility of agricultural output prices and to maintaining agricultural activities in the northern regions of sweden, it is appropriate to allow sweden to establish, for each calendar year, the amount of aid per sector within an aid category and per unit of production. (13) sweden should differentiate the aid in its northern regions and set the annual aid amounts according to the severity of the natural handicap and other objective and transparent and justified criteria relating to the objectives set out in the third subparagraph of article 142(3) of the act of accession, which are to maintain traditional primary production and processing particularly suited to the climatic conditions of the regions concerned, to improve the structures for the production, marketing and processing of agricultural products, to facilitate the disposal of the said products and to ensure that the environment is protected and countryside preserved. (14) the aid should be paid annually based on the actual number of eligible production factors. sweden should however be allowed to pay the aid for cow's milk, laying hens and pigs for slaughter as well as for transport of cow's milk in monthly instalments. the aid for cow's milk shall be based on actual production in order to ensure the continuity of production. (15) overcompensation to the producers should be avoided by recovering undue payments promptly and at the latest before 1 june of the following year. (16) as provided for in article 142(2) of the act of accession, the aid granted under this decision should not lead to an increase in overall production over the traditional production level in the area covered by the nordic aid scheme. (17) therefore it is necessary to establish an annual maximum number of eligible production factors for each aid category, and a maximum eligible annual amount of production for cow's milk, at a level equal to or lower than that in the reference periods. (18) where the number of production factors in a category, or the amount of production for cow's milk, exceeds the maximum level in a given year, the number of eligible production factors or the amount of cow's milk, should, in order to respect the 5-year averages, be reduced by a corresponding number of production factors in the calendar years following the year in which the maximum was exceeded, except for transport aid for cow's milk, laying hens and pigs for slaughter and cow's milk in regard to which the eligible amount may be reduced by an amount corresponding to the excess amount in the last month of the year in which the maximum was exceeded. (19) in accordance with article 143(2) of the act of accession, sweden is to provide to the commission information on the implementation and effects of the aid. in order to better assess the long-term effects of the aid and with a view to setting the aid levels as 5-year averages, it is appropriate to report on the socioeconomic effects of the aid every 5 years and provide annual reports containing the financial and other implementation information necessary to ensure that the conditions laid down in this decision are complied with. (20) it is appropriate to specify the rules applicable to amendments to the scheme introduced by the commission or proposed by sweden in order to safeguard the legitimate expectations of the aid beneficiaries and ensure the continuity of the scheme so that the objectives of article 142 of the act of accession can be efficiently pursued. (21) sweden should ensure that appropriate control measures are taken vis- -vis aid beneficiaries. in order to ensure the effectiveness of those measures and transparency in the implementation of the nordic aid scheme, those control measures should be as far as possible aligned to those carried out under the common agricultural policy. (22) in order to achieve the aim of maintaining production, as stated in article 142 of the act of accession, and to facilitate the administration of support, this decision should apply from 1 january 2018. (23) decision c(2010) 6050 should therefore be repealed with effect from 1 january 2018. it is appropriate to provide transitional measures regarding the reporting on the support pursuant to article 142 of the act of accession paid in 2017 under decision c(2010) 6050, has adopted this decision: article 1 authorised aid 1. from 1 january 2018 to 31 december 2022 sweden is authorised to implement the long-term aid scheme for agriculture in its northern regions listed in annex i. 2. the total amount of aid granted shall not exceed sek 422,92 million per calendar year. the yearly maximum amounts shall be considered as annual averages of the aid granted in the period of 5 calendar years covered by this decision. 3. aid categories and the production sectors for each category, the maximum average yearly amounts allowed, as specified in paragraph 2, including the separate maximum amount for cow's milk production and transport, as well as the maximum yearly number of eligible production factors per aid category, are set out in annex ii. 4. aid shall be granted on the basis of eligible production factors or production amounts as follows: (a) per kilogram milk of actual production for the production of cow's milk; (b) per livestock unit for animal husbandry; (c) per hectare for crop and horticultural production including berries; (d) as a compensation for actual costs for the transport of cow's milk, deducting any other public support for the same costs. aid linked to production amounts may be granted only towards the production of cow's milk and in no case shall the aid be linked to future production. the conversion rates into livestock units for the various types of livestock are set out in annex ii. 5. in accordance with paragraph 3 and within the limits set out in annex ii, sweden shall differentiate the aid in its northern regions and set the aid amounts annually per production factor, cost or unit of production on the basis of objective criteria relating to the severity of the natural handicap and other factors contributing to attaining the objectives set out in the third subparagraph of article 142(3) of the act of accession. article 2 reference periods the reference period referred to in the second indent of the first subparagraph of article 142(3) of the act of accession shall be 1993 as regards both the quantities and the level of support set out in article 1 of this decision. article 3 conditions for granting aid 1. sweden shall lay down, within the limits provided for in this decision, the conditions for granting aid to the various categories of beneficiaries. such conditions shall include the eligibility and selection criteria applied and ensure the equal treatment of beneficiaries. 2. the aid shall be paid to the beneficiaries based on actual production factors or, as regards the production of cow's milk, amount of actual production, referred to in article 1(4). 3. the aid shall be paid annually, except for cow's milk, transport aid for cow's milk, laying hens and pigs for slaughter in regard to which the aid may be paid in monthly instalments. 4. an overrun of the maximum yearly number of production factors or amounts eligible for aid, as set out in annex ii, shall be taken into account as a corresponding reduction in the number of production factors in the year following the overrun where the aid is paid in annual instalments or in the last month of the year where the aid is paid monthly. 5. sweden shall take appropriate measures to prevent the overrun referred to in paragraph 4 where such an overrun appears likely, based on official or officially verified statistical projections. 6. an overpayment or undue payment to a beneficiary shall be recovered by deducting the corresponding amounts from the aid paid to the beneficiary the following year or be otherwise recovered in that year, where no aid is due to the beneficiary. the undue amounts shall be recovered by 1 june of the following year. article 4 information and control measures 1. sweden shall, as part of the information provided pursuant to article 143(2) of the act of accession, submit to the commission each year before 1 june information on implementation of the aid granted under this decision during the preceding calendar year. the information shall concern in particular: (a) identification of the municipal units in which the aid was paid by means of a detailed map and where necessary by other data; (b) the total production, covering the reporting year, for the sub-regions eligible for aid under this decision, expressed in quantities for each of the products specified in annex ii; (c) the total number of production factors and quantities, the number of production factors and quantities eligible for aid and the number of production factors and quantities supported per production sector specified in annex ii with a breakdown by product within each sector, including the indication of any overrun of the allowed maximum yearly number of production factors and quantities, as well as the description of measures, if any, taken to prevent such an overrun; (d) the total aid paid, the total amount of aid per aid category and the type of production, amounts paid to beneficiaries per production factor/other unit, as well as the criteria for differentiating aid amounts by sub-regions and types of farm holdings or on the basis of other considerations; (e) the payment system applied with details concerning any advances based on estimates, final payments as well as observed overpayments and their recovery; (f) amounts of aid paid under article 32 of regulation (eu) no 1305/2013 in the administrative units covered by this decision; (g) references to national legislation whereby the aid is implemented. 2. before 1 june 2023 sweden shall, in addition to the annual report covering year 2022, submit to the commission a report covering the 5-year period from 1 january 2018 until 31 december 2022. this report shall also cover the support granted under decision c(2010) 6050 during 2016 and 2017. that report shall indicate, in particular: (a) the total aid paid during the 5-year period, and its distribution among aid categories, types of production and sub-regions; (b) for each aid category, the total production amounts per year and for the 5-year period, the number of production factors and the income levels of farmers in the regions eligible for the aid; (c) the evolution of agricultural production, processing and marketing in the social and economic context of the northern regions; (d) the effects of the aid on the protection of the environment and the preservation of the countryside; (e) proposals for the medium-term development of the aid based on the data presented in the report. 3. sweden shall provide data in a form compatible with the statistical standards used by the union. 4. sweden shall take all steps necessary to apply this decision and suitable control measures vis- -vis beneficiaries of aid. 5. control measures shall to the extent possible be harmonised with the control systems applied under the union support schemes. article 5 application of any amendments 1. based on the information on the support scheme referred to in article 4 and having regard to the national and union context of agricultural production as well as other relevant factors, sweden shall in 2022 make appropriate proposals to the commission for amending and prolonging, for a period of 5 years, the aid authorised under this decision. 2. if the commission decides to amend this decision, in particular on the basis of any changes in the common market organisations or the direct support scheme or a change in the rate of any authorised national agricultural state aid, any amendment to the aid authorised by this decision shall apply only from the year following that in which the amendment was adopted. article 6 repeal decision c(2010) 6050 is repealed with effect from 1 january 2018. however, article 6(1) of that decision shall continue to apply to the aid granted under that decision in 2017. article 7 application this decision shall apply from 1 january 2018. article 8 addressee this decision is addressed to the kingdom of sweden. done at brussels, 20 march 2018. for the commission phil hogan member of the commission (1) commission decision 96/228/ec of 28 february 1996 on a long-term national aid scheme to assist farmers in northern areas of sweden (oj l 76, 26.3.1996, p. 29). (2) commission decision c(2010) 6050 of 8 september 2010 on a long-term national aid scheme to assist farmers in northern areas of sweden. (3) commission implementing decision c(2015) 6592 of 1 october 2015 amending decision c(2010) 6050 on the long-term national aid scheme for agriculture in the northern regions of sweden. (4) regulation (eu) no 1305/2013 of the european parliament and of the council of 17 december 2013 on support for rural development by the european agricultural fund for rural development (eafrd) and repealing council regulation (ec) no 1698/2005 (oj l 347, 20.12.2013, p. 487). annex i sub-region 1 province municipal unit parish dalarna lvdalen idre j mtland krokom hotagen str msund frostviken re re kall unders ker berg storsj h rjedalen linsell hede ljusnedal t nn s v sterbotten storuman t rna sorsele sorsele dorotea risb ck vilhelmina vilhelmina norrbotten arvidsjaur arvidsjaur arjeplog arjeplog jokkmokk jokkmokk porjus pajala muonionalusta junosuando g llivare g llivare nilivaara malmberget kiruna jukkasj rvi vittangi karesuando agricultural area sub-region 1 6 700 ha sub-region 2 province municipal unit district dalarna malung lima transtrand lvdalen s rna v sternorrland rnsk ldsvik treh rningsj j mtland ragunda borgvattnet stugun br cke br cke nyhem h sj sundsj revsund bodsj krokom n skott asp s s laxsj f llinge offerdal alsen str msund str m alan s g xsj hammerdal bodum t sj re mattmar m rsil hallen berg berg hack s oviken myssj sarne kl vsj r tan h rjedalen sveg vemdalen ngersj lillh rdal stersund stersund fr s sunne n s lockne marieby brunflo kyrk s lit h ggen s v sterbotten vindeln vindeln msele norsj norsj mal mal storuman stensele sorsele gargn s dorotea dorotea sele sele fredrika lycksele lycksele bj rksele rtr sk skellefte boliden f llfors j rn kalvtr sk norrbotten jokkmokk vuollerim vertorne svanstein pajala pajala korpilombolo t rend g llivare hakkas agricultural area sub-region 2 46 600 ha sub-region 3 province municipal unit district v rmland torsby s dra finnskoga dalarna lvdalen lvdalen g vleborg nordanstig hassela ljusdal hamra los k rb le v sternorrland nge haver timr ljustorp h rn sand stigsj viksj sundsvall indal holm liden kramfors nordingr vibygger ull nger tors ker sollefte graninge junsele edsele ramsele rnsk ldsvik rnsk ldsvik anundsj skorped sidensj n tra sj levad mo gide bj rna j mtland ragunda ragunda br cke h llesj krokom r d n str msund fj llsj re marby h rjedalen lvros verhogdal ytterhogdal stersund norder v sterbotten nordmaling nordmaling bjurholm bjurholm robertsfors bygde nys tra v nn s v nn s ume ume landsf rsamling tavelsj s var skellefte skellefte landsf rsamling k gedalen byske l v nger burtr sk norrbotten verkalix verkalix kalix nederkalix t re vertorne vertorne hietaniemi lvsbyn lvsby lule lule domkyrkof rsamling rn set nederlule r ne pite pite stadsf rsamling hortlax pite landsf rsamling norrfj rden boden verlule gunnarsbyn edefors s vast haparanda nedertorne -haparanda karl gustav agricultural area sub-region 3 108 650 ha sub-region 4 province municipal unit district v rmland torsby lekvattnet nyskoga norra finnskoga dalby norra ny filipstad r mmen hagfors gustav adolf dalarna vansbro j rna n s ppelbo malung malung r ttvik boda ore orsa orsa mora v mhus venjan falun bjurs s ludvika s fsn s g vleborg ovan ker ovan ker voxna nordanstig ilsbo harm nger j ttendal gnarp bergsj ljusdal ljusdal f rila ramsj j rvs bolln s rengsj undersvik arbr hudiksvall bjur ker v sternorrland nge borgsj torp timr timr h ssj tynder h rn sand h rn sands domkyrkof rsamling h gsj h ggd nger s br hems sundsvall sundsvalls gustav adolf sk nsmon sk n aln s ttna sel nger st de tuna attmar njurunda kramfors gudmundr nora skog bj rtr styrn s dal ytterl nn s sollefte sollefte multr l ngsele ed resele helgum dals-liden bote verl nn s s nga rnsk ldsvik arn s grundsunda j mtland ragunda fors v sterbotten ume ume stadsf rsamling teg lidhem holmsund h rnefors holm n ume maria skellefte skellefte sankt olov skellefte sankt rjan bure agricultural area sub-region 4 69 050 ha sub-region 5 province municipal unit district v rmland kil boda eda eda j rnskog skillingmark k la torsby fryks nde vitsand stmark grums v rmskog rj ng silbodal sillerud karlanda holmedal blomskog trankil v stra f gelvik t cksmark stervallskog sunne gr smark lysvik filipstad g sborn hagfors hagfors eksh rad norra r da sunnemo arvika arvika stra arvika v stra stavn s h gerud glava bogen gunnarskog ny lg mangskog brunskog s ffle svanskog l ngserud dalarna gagnef mockfj rd gagnef floda leksand leksand djura l siljansn s r ttvik r ttvik mora mora soller n falun sv rdsj enviken g vleborg ockelbo ockelbo ovan ker alfta g vle hamr nge s derhamn s derhamn sandarne skog ljusne s derala bergvik mo tr n norrala bolln s bolln s segersta bolln s hanebo hudiksvall hudiksvall idenor h lsingtuna rogsta njut nger en nger delsbo norrbo forsa h g agricultural area sub-region 5 72 300 ha annex ii maximum average yearly aid for a 5-year period from 1 january 2018 until 31 december 2022(million sek) maximum yearly number of eligible production factors or amounts (1) cow's milk and transport aid for cow's milk 450 000 000 kg she goats, pigs for slaughter, sows, laying hens 17 000 lu soft fruit, vegetables and potatoes 3 660 hectares total aid 422,92 (2) (1) conversion rates into livestock units (lu): a she goat is 0,15 lu, a pig for slaughter 0,10 lu, a sow 0,33 lu, and a laying hen 0,01 lu. (2) of which a maximum support of sek 395,9 million may be granted towards the category cow's milk and transport aid for cow's milk.

name: council decision (eu) 2018/467 of 25 september 2017 on the signing, on behalf of the union, and provisional application of the agreement for scientific and technological cooperation between the european union and the republic of lebanon setting out the terms and conditions for the participation of the republic of lebanon in the partnership for research and innovation in the mediterranean area (prima) type: decision subject matter: international affairs; european construction; natural environment; research and intellectual property; health; cooperation policy; regions and regional policy; asia and oceania date published: 2018-03-22 22.3.2018 en official journal of the european union l 79/1 council decision (eu) 2018/467 of 25 september 2017 on the signing, on behalf of the union, and provisional application of the agreement for scientific and technological cooperation between the european union and the republic of lebanon setting out the terms and conditions for the participation of the republic of lebanon in the partnership for research and innovation in the mediterranean area (prima) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 186, in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) decision (eu) 2017/1324 of the european parliament and of the council (1) provides for the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states. (2) prima aims to implement a joint programme to build research and innovation capacities and to develop knowledge and common innovative solutions for agro-food systems, to make them sustainable, and for integrated water provision and management in the mediterranean area, to make those systems and that provision and management more climate resilient, efficient, cost-effective and environmentally and socially sustainable, and to contribute to solving water scarcity, food security, nutrition, health, well-being and migration problems upstream. (3) prima will be jointly undertaken by a number of member states and third countries (participating states) with a high level of commitment to scientific, management and financial integration and under the same terms and conditions. (4) the republic of lebanon (lebanon) expressed its wish to join prima as a participating state and on an equal footing with the member states and third countries associated to horizon 2020 the framework programme for research and innovation (2014-2020) participating in prima. (5) in accordance with article 1(2) of decision (eu) 2017/1324 lebanon is to become a participating state in prima subject to the conclusion of an international agreement for scientific and technological cooperation with the union setting out the terms and conditions for the participation of lebanon in prima. (6) on 30 may 2017, the council authorised the commission to open negotiations, on behalf of the union, with lebanon, on an agreement for scientific and technological cooperation between the european union and the republic of lebanon setting out the terms and conditions for the participation of the republic of lebanon in the partnership for research and innovation in the mediterranean area (prima) (the agreement), subject to the adoption of decision (eu) 2017/1324. the negotiations were successfully completed. (7) the agreement should be signed. (8) in order to allow for the participation of lebanon in prima from its start, the agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force, has adopted this decision: article 1 the signing on behalf of the union of the agreement for scientific and technological cooperation between the european union and the republic of lebanon setting out the terms and conditions for the participation of the republic of lebanon in the partnership for research and innovation in the mediterranean area (prima) 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 agreement shall be applied on a provisional basis, as from the signature thereof, pending the completion of the procedures necessary for its entry into force. article 4 this decision shall enter into force on the date of its adoption. done at brussels, 25 september 2017. for the council the president m. maasikas (1) decision (eu) 2017/1324 of the european parliament and of the council of 4 july 2017 on the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states (oj l 185, 18.7.2017, p. 1).

name: council decision (eu) 2018/473 of 19 march 2018 appointing a member, proposed by the federal republic of germany, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2018-03-22 22.3.2018 en official journal of the european union l 79/24 council decision (eu) 2018/473 of 19 march 2018 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 hans-josef vogel, 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: dr eckhard ruthemeyer, b rgermeister der stadt soest. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 19 march 2018. for the council the president r. porodzanov (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: commission implementing decision (eu) 2018/477 of 15 march 2018 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the people's republic of china pursuant to commission regulation (ec) no 88/97 (notified under document c(2018) 1506) type: decision_impl subject matter: mechanical engineering; tariff policy; competition; asia and oceania; trade; land transport; international trade date published: 2018-03-22 22.3.2018 en official journal of the european union l 79/31 commission implementing decision (eu) 2018/477 of 15 march 2018 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the people's republic of china pursuant to commission regulation (ec) no 88/97 (notified under document c(2018) 1506) 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), and in particular article 13(4) thereof, having regard to council regulation (ec) no 71/97 of 10 january 1997 extending the definitive anti-dumping duty imposed by regulation (eec) no 2474/93 on bicycles originating in the people's republic of china to imports of certain bicycle parts from the people's republic of china, and levying the extended duty on such imports registered under regulation (ec) no 703/96 (2), and in particular article 3 thereof, having regard to commission regulation (ec) no 88/97 of 20 january 1997 on the authorisation of the exemption of imports of certain bicycle parts originating in the people's republic of china from the extension by council regulation (ec) no 71/97 of the anti-dumping duty imposed by council regulation (eec) no 2474/93 (3), and in particular articles 4 to 7 thereof, after informing the member states, whereas: (1) currently an anti-dumping duty applies on imports into the union of essential bicycle parts originating in the people's republic of china (china) (the extended duty) as a result of the extension by regulation (ec) no 71/97 of the anti-dumping duty on imports of bicycles originating in china. the extended duty was lastly maintained by council regulation (eu) no 502/2013 (4). (2) under article 3 of regulation (ec) no 71/97, the commission is empowered to adopt the necessary measures to authorise the exemption of imports of essential bicycle parts which do not circumvent the anti-dumping duty. (3) those implementing measures are set forth in regulation (ec) no 88/97 establishing the specific exemption system. (4) on this basis the commission has exempted a number of bicycle assemblers from the extended duty (the exempted parties). (5) as provided for in article 16(2) of regulation (ec) no 88/97, the commission has published in the official journal of the european union subsequent lists of the exempted parties (5). (6) the most recent commission implementing decision concerning exemptions under regulation (ec) no 88/97 was adopted on 22 february 2017 (6). 1. requests for exemption (7) the commission received from the parties listed in tables 1 and 3 below requests for exemption with all the information required to determine that these were admissible in accordance with article 4(1) of regulation (ec) no 88/97. (8) the parties requesting exemptions were given an opportunity to comment on the commission's conclusions as for the admissibility of their requests. (9) in accordance with article 5(1) of regulation (ec) no 88/97, pending a decision on the merits of requests from the parties requesting exemptions, the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties was suspended as from the day on which the commission received their requests. 2. authorisation of exemption (10) the examination of the merits of the requests from the parties listed in table 1 below has been concluded. table 1 taric additional code name address c003 interbike sp ka z o.o. ul. l ska 6/5, pl-42-200 czstochowa, poland c102 uno bike b.v. bovendijk 213, nl-3045 pd rotterdam, the netherlands c128 slavomir sladek velosprint s trnavsk 40, sk-949 01 nitra, slovak republic (11) the commission established during this examination that the value of the parts originating in china constituted less than 60 % of the total value of the parts of all the bicycles assembled by each one of these parties. this was also the case for the majority of the assembled bicycles by each party. (12) consequently, their assembly operations fall outside the scope of article 13(2) of regulation (eu) 2016/1036. (13) for that reason, and in accordance with article 7(1) of regulation (ec) no 88/97, the parties listed in table 1 above should be exempted from the extended duty. (14) in accordance with article 7(2) of regulation (ec) no 88/97, the exemptions should take effect as from the date of receipt of the requests. the customs debts in respect of the extended duty from the parties requesting exemptions should therefore be considered void from the same date. (15) the parties requesting exemptions were informed of the commission's conclusions on the merits of their requests and were given an opportunity to comment thereon. (16) since the exemptions apply only to the parties specifically referred to in table 1 above, the exempted parties should notify the commission (7) without delay of any changes to these (for instance, following a change in the name, legal form or address or following the setting up of new assembly entities). (17) in case of change in references, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. where appropriate, the commission will update the references to such party. 3. update of references to exempted parties (18) the exempted parties listed in table 2 below notified the commission on changes in their references (names, legal forms and addresses). the commission, after having examined the information submitted, concluded that those changes in no way affect the assembly operations with regard to the conditions of exemption set forth in regulation (ec) no 88/97. (19) while the exemption of these parties from the extended duty authorised in accordance with article 7(1) of regulation (ec) no 88/97 remain unaffected, the references to these parties should be updated. table 2 taric additional code former reference change 8009 mifa-bike gmbh kyselh user strasse 23 de-06526 sangerhausen, germany the name and legal form of the company have been changed to: sachsenring bike manufaktur gmbh a571 sprick rowery sp. z o.o. ul. wierczewskiego 76 pl-66-200 wiebodzin, poland the address of the company has been changed to: ul. zachodnia 76 pl-66-200 wiebodzin, poland c053 firma handlowo-us ugowo-produkcyjna trans- rower roman tylec d bie 47, pl-39-311 zdziarzec, poland the name and address of the company have been changed to: trans-rower roman tylec d bie 54d, pl-39-311 zdziarzec, poland 4. suspension of payments of the duties for parties under examination (20) the examination of the merits of the request from the parties listed in table 3 below is ongoing. pending a decision on the merits of their requests, the payment of extended duty by these parties is suspended. (21) since the suspensions apply only to the parties specifically referred to in table 3 below, these parties should notify the commission (7) without delay of any changes to these (for instance following a change in the name, legal form or address or following the setting up of new assembly entities). (22) in case of change in references, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. where appropriate, the commission will update the references to such party. table 3 taric additional code name address c049 cycles sport north ltd 363 leach place, walton summit centre, gb-pr5 8as preston, united kingdom c170 hermann hartje kg deichstrasse 120-122, de-27318 hoya, germany c202 vanmoof b.v. mauritskade 55, nl-1092 ad amsterdam, the netherlands c207 kenstone metal company gmbh heideland 1-7, de-24976 handewitt-weding, germany c209 gor kolesa, proizvodnja koles, d.o.o. partizanska cesta 12, si-3320 velenje, slovenia c220 matex international aquitaine 6 avenue gay lussac, fr-33370 artigues-pr s-bordeaux, france c307 merida polska sp. z o.o. ul. marii sk odowskiej-curie 35, pl-41-800 zabrze, poland c311 juan luna cabrera c/alhama 64, es-14900 lucena (cordoba), spain 5. suspension of payments of the duties for parties under examination lifted (23) the suspension of payment of the duties for parties under examination should be lifted for the party listed in table 4 below. table 4 taric additional code name address c169 pelago mfg oy tyynenmerenkatu 6 l3, fi-00220 helsinki, finland (24) the commission received from the party in question a request to withdraw the application for an exemption while the examination of its merits was ongoing and the payment of the extended duty was suspended. (25) the commission accepted the withdrawal and consequently the suspension of the payment of the extended duty should be lifted. the extended duty should be collected as from the date of receipt of the request for exemption submitted by this party, namely the date on which the suspension took effect (23 september 2016). (26) the party was informed of the commission's conclusions and was given an opportunity to comment thereon. no comments were submitted within the deadline. 6. authorisation of exemption revoked (27) the exempted party listed in table 5 below notified the commission the closing down of its activities and the renunciation of the exemption from the payment of extended duty. (28) consequently, in accordance with the principle of good administration, the authorisation of exemption from the payment of the extended duty should be revoked. table 5 taric additional code name address a549 alliance bikes sp. z o.o. ul. tadeusza borowskiego 2, pl-03-475 warszawa, poland has adopted this decision: article 1 for the purposes of this decision, the definitions set out in article 1 of regulation (ec) no 88/97 shall apply. article 2 the parties listed in table 1 below are hereby exempted from the extension by regulation (ec) no 71/97 of the definitive anti-dumping duty on bicycles originating in the people's republic of china imposed by council regulation (eec) no 2474/93 (8) to imports of certain bicycle parts from the people's republic of china. in accordance with article 7(2) of regulation (ec) no 88/97 the exemptions shall take effect as from the dates of receipt of the parties' requests. these dates are provided for in the column headed date of effect in table 1 below. the exemptions shall apply only to the parties specifically referred to in table 1 with their names and addresses. the exempted parties shall notify the commission without delay of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of exemption. table 1 exempted parties taric additional code name address date of effect c003 interbike sp ka z o.o. ul. l ska 6/5, pl-42-200 czstochowa, poland 18.12.2014 c102 uno bike b.v. bovendijk 213, nl-3045 pd rotterdam, the netherlands 24.11.2015 c128 slavomir sladek velosprint s trnavsk 40, sk-949 01 nitra, slovak republic 14.4.2016 article 3 updated references to the exempted parties listed in table 2 below are provided for in the column headed new reference. these updates shall take effect as from the dates provided for in the column headed date of effect. the corresponding taric additional codes previously attributed to these exempted parties as provided for in the column headed taric additional code in table 2 below remain unchanged. table 2 exempted parties for which the reference shall be updated taric additional code former reference new reference date of effect 8009 mifa-bike gmbh kyselh user strasse 23 de-06526 sangerhausen, germany sachsenring bike manufaktur gmbh kyselh user strasse 23 de-06526 sangerhausen, germany 24.8.2017 a571 sprick rowery sp. z o.o. ul. wierczewskiego 76 pl-66-200 wiebodzin, poland sprick rowery sp. z o.o. ul. zachodnia 76 pl-66-200 wiebodzin, poland 20.7.2017 c053 firma handlowo-us ugowo-produkcyjna trans- rower roman tylec d bie 47, pl-39-311 zdziarzec, poland trans-rower roman tylec d bie 54d, pl-39-311 zdziarzec, poland 19.9.2017 article 4 the parties listed in table 3 below are under examination in accordance with article 6 of regulation (ec) no 88/97. the suspensions of payment of the extended anti-dumping duty in accordance with article 5 of regulation (ec) no 88/97 shall be effective as from the dates of receipt of these parties' requests. these dates are provided for in the column headed date of effect in table 3 below. these suspensions shall apply only to the parties under examination specifically referred to in table 3 with their names and addresses. the parties under examination shall notify the commission without delay of any change to these, providing all relevant information, in particular on any modification in the party's activities linked to assembly operations with regard to the conditions of suspension. table 3 parties under examination taric additional code name address date of effect c049 cycles sport north ltd 363 leach place, walton summit centre, gb-pr5 8as preston, united kingdom 27.4.2015 c170 hermann hartje kg deichstrasse 120-122, de-27318 hoya, germany 29.9.2016 c202 vanmoof b.v. mauritskade 55, nl-1092 ad amsterdam, the netherlands 19.12.2016 c207 kenstone metal company gmbh heideland 1-7, de-24976 handewitt-weding, germany 20.3.2017 c209 gor kolesa, proizvodnja koles, d.o.o. partizanska cesta 12, si-3320 velenje, slovenia 26.4.2017 c220 matex international aquitaine 6 avenue gay lussac, fr-33370 artigues-pr s-bordeaux, france 9.6.2017 c307 merida polska sp. z o.o. ul. marii sk odowskiej-curie 35, pl-41-800 zabrze, poland 14.6.2017 c311 juan luna cabrera c/alhama 64, es-14900 lucena (cordoba), spain 4.10.2017 article 5 the suspension of the payment of the extended anti-dumping duty pursuant to article 5 of regulation (ec) no 88/97 is hereby lifted for the party listed in table 4 below. the extended duty should be collected as from the date on which the suspension took effect. this date is provided for in the column headed date of effect in table 4 below. table 4 party for which the suspension is lifted taric additional code name address date of effect c169 pelago mfg oy tyynenmerenkatu 6 l3, fi-00220 helsinki, finland 23.9.2016 article 6 the authorisation of the exemption of payment of the extended anti-dumping duty is hereby revoked the party listed in table 5 below. the extended duty should be collected as from the date on which the revocation of the authorisation took effect. this date is provided for in the column headed date of effect in table 5 below. table 5 party for which the exemption is revoked taric additional code name address date of effect a549 alliance bikes sp. z o.o. ul. tadeusza borowskiego 2, pl-03-475 warszawa, poland 21.2.2017 article 7 this decision is addressed to the member states and to the parties listed in articles 2, 3, 4, 5 and 6. it is also published in the official journal of the european union. done at brussels, 15 march 2018. for the commission cecilia malmstr m member of the commission (1) oj l 176, 30.6.2016, p. 21. (2) oj l 16, 18.1.1997, p. 55. (3) oj l 17, 21.1.1997, p. 17. (4) council regulation (eu) no 502/2013 of 29 may 2013 amending implementing regulation (eu) no 990/2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the people's republic of china following an interim review pursuant to article 11(3) of regulation (ec) no 1225/2009 (oj l 153, 5.6.2013, p. 17). (5) oj c 45, 13.2.1997, p. 3, oj c 112, 10.4.1997, p. 9, oj c 220, 19.7.1997, p. 6, oj l 193, 22.7.1997, p. 32, oj l 334, 5.12.1997, p. 37, oj c 378, 13.12.1997, p. 2, oj c 217, 11.7.1998, p. 9, oj c 37, 11.2.1999, p. 3, oj c 186, 2.7.1999, p. 6, oj c 216, 28.7.2000, p. 8, oj c 170, 14.6.2001, p. 5, oj c 103, 30.4.2002, p. 2, oj c 35, 14.2.2003, p. 3, oj c 43, 22.2.2003, p. 5, oj c 54, 2.3.2004, p. 2, oj l 343, 19.11.2004, p. 23, oj c 299, 4.12.2004, p. 4, oj l 17, 21.1.2006, p. 16, oj l 313, 14.11.2006, p. 5, oj l 81, 20.3.2008, p. 73, oj c 310, 5.12.2008, p. 19, oj l 19, 23.1.2009, p. 62, oj l 314, 1.12.2009, p. 106, oj l 136, 24.5.2011, p. 99, oj l 343, 23.12.2011, p. 86, oj l 119, 23.4.2014, p. 67, oj l 132, 29.5.2015, p. 32, oj l 331, 17.12.2015, p. 30, oj l 47, 24.2.2017, p. 13. (6) oj l 47, 24.2.2017, p. 13. (7) the parties are advised to use the following e-mail address: trade-bicycle-parts@ec.europa.eu (8) council regulation (eec) no 2474/93 of 8 september 1993 imposing a definitive anti-dumping duty on imports into the community of bicycles originating in the people's republic of china and collecting definitively the provisional anti-dumping duty (oj l 228, 9.9.1993, p. 1).

name: council implementing decision (eu) 2018/463 of 19 march 2018 on the appointment of a member of the single resolution board type: decision_impl subject matter: eu institutions and european civil service; budget; civil law; financial institutions and credit; business organisation; economic policy date published: 2018-03-21 21.3.2018 en official journal of the european union l 78/15 council implementing decision (eu) 2018/463 of 19 march 2018 on the appointment of a member of the single resolution board the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 806/2014 of the european parliament and of the council of 15 july 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a single resolution mechanism and a single resolution fund and amending regulation (eu) no 1093/2010 (1), and in particular article 56(6) thereof, having regard to the proposal from the european commission, having regard to the approval by the european parliament (2), whereas: (1) on 20 december 2017 the commission, after hearing the single resolution board (the board), in its plenary session, adopted a shortlist of candidates for the position of a member of the board and provided it to the european parliament. (2) the council was informed of the shortlist on the same day. (3) pursuant to article 56(5) of regulation (eu) no 806/2014, the term of office of full time members of the board is 5 years. (4) on 14 february 2018, the commission adopted a proposal for the appointment of bo tjan jazbec as a member of the board and submitted it to the european parliament for approval, has adopted this decision: article 1 mr bo tjan jazbec is hereby appointed as a full-time member of the single resolution board for a term of office of 5 years as from the entry into force of this decision. article 2 this decision shall enter into force on the date of its publication in the official journal of the european union. done at brussels, 19 march 2018. for the council the president r. porodzanov (1) oj l 225, 30.7.2014, p. 1. (2) approval of 1 march 2018.

name: council decision (cfsp) 2018/459 of 19 march 2018 amending decision 2011/173/cfsp concerning restrictive measures in view of the situation in bosnia and herzegovina type: decision subject matter: europe; european construction; international affairs date published: 2018-03-20 20.3.2018 en official journal of the european union l 77/17 council decision (cfsp) 2018/459 of 19 march 2018 amending decision 2011/173/cfsp concerning restrictive measures in view of the situation in bosnia and herzegovina 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 21 march 2011, the council adopted decision 2011/173/cfsp (1), concerning restrictive measures in view of the situation in bosnia and herzegovina. (2) on the basis of a review of decision 2011/173/cfsp, those restrictive measures should be renewed until 31 march 2019. (3) decision 2011/173/cfsp should therefore be amended accordingly, has adopted this decision: article 1 the second paragraph of article 6 of decision 2011/173/cfsp is replaced by the following: this decision shall apply until 31 march 2019. 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, 19 march 2018. for the council the president f. mogherini (1) council decision 2011/173/cfsp of 21 march 2011 concerning restrictive measures in view of the situation in bosnia and herzegovina (oj l 76, 22.3.2011, p. 68).

name: council decision (cfsp) 2018/458 of 19 march 2018 repealing common position 97/193/cfsp on restrictive measures aimed at persons having perpetrated violent acts during the incidents in mostar on 10 february 1997 type: decision subject matter: europe; rights and freedoms; civil law; european construction; international affairs; political geography; criminal law date published: 2018-03-20 20.3.2018 en official journal of the european union l 77/16 council decision (cfsp) 2018/458 of 19 march 2018 repealing common position 97/193/cfsp on restrictive measures aimed at persons having perpetrated violent acts during the incidents in mostar on 10 february 1997 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 1997 the council adopted common position 97/193/cfsp (1). (2) on the basis of a review of common position 97/193/cfsp, the measures imposed by the common position should be lifted. (3) common position 97/193/cfsp should therefore be repealed, has adopted this decision: article 1 common position 97/193/cfsp is hereby repealed. 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, 19 march 2018. for the council the president f. mogherini (1) common position 97/193/cfsp of 17 march 1997 defined by the council on the basis of article j.2 of the treaty on european union, on restrictive measures aimed at persons having perpetrated violent acts during the incidents in mostar on 10 february 1997 (oj l 81, 21.3.1997, p.1).

name: council decision (cfsp) 2018/392 of 12 march 2018 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 affairs; civil law; europe; international law; european construction; international security date published: 2018-03-13 13.3.2018 en official journal of the european union l 69/48 council decision (cfsp) 2018/392 of 12 march 2018 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 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 (1), and in particular article 3(1) and (3) thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 17 march 2014, the council adopted decision 2014/145/cfsp. (2) on 14 september 2017, the council adopted decision (cfsp) 2017/1561 (2), thereby renewing the measures provided for in decision 2014/145/cfsp 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 and decided to amend the information concerning certain individuals and entities. (5) decision 2014/145/cfsp should therefore be amended accordingly, has adopted this decision: article 1 in article 6 of decision 2014/145/ cfsp, the second paragraph is replaced by the following: this decision shall apply until 15 september 2018. article 2 the annex to decision 2014/145/cfsp shall be amended in accordance with the annex to this decision. article 3 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 march 2018. for the council the president e. karanikolov (1) oj l 78, 17.3.2014, p. 16. (2) council decision (cfsp) 2017/1561 of 14 september 2017 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 237, 15.9.2017, p. 72). annex the entries concerning the persons and entities listed below, as set out in the annex to decision 2014/145/cfsp, are replaced by the following entries: persons: name identifying information reasons date of listing 3. rustam ilmirovich temirgaliev ( ) rustam ilmyrovych temirhaliiev ( i i i ) dob: 15.8.1976 pob: ulan-ude, buryat assr (russian sfsr) as former deputy prime 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. currently general director of the managing company of the russian-chinese investment fund for regional development. remains active in supporting separatist actions or policies. 17.3.2014 6. pyotr anatoliyovych zima ( ) petro anatoliyovych zyma ( i ) dob: 18.1.1970 or 29.3.1965 pob: artemivsk ( ) (2016 renamed back to bakhmut/ ), donetsk oblast, ukraine 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 former 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. in july 2017, he filed his resignation as the chairman of the security and defence committee. he continues to be a member of the council and is a member of the committee on internal regulation and parliamentary affairs. on 10 october 2017, with a decree n 372-sf, ozerov was included in the temporary commission of the federation council on protection of state sovereignty and prevention of interference in the internal affairs of the russian federation. 17.3.2014 14. aleksandr borisovich totoonov ( ' ) dob: 3.4.1957 pob: ordzhonikidze, north ossetia former member of the committee of international affairs of the federation council of the russian federation. his duties as a member of the council of the russian federation ended in september 2017. he is currently a member of the parliament of north ossetia. on 1 march 2014, totoonov publicly supported, in the federation council, the deployment of russian forces in ukraine. 17.3.2014 28. valery vladimirovich kulikov ( ' ) dob: 1.9.1956 pob: zaporozhye, (ukrainian ssr) former deputy-commander of the black sea fleet, rear admiral. responsible for commanding russian forces that have occupied ukrainian sovereign territory. on 26 september 2017, with a decree of the president of russian federation, he was dismissed from this post and from military service. 21.3.2014 31. valery kirillovich medvedev ( ) valeriy kyrylovych medvediev ( i ) dob: 21.8.1946 pob: shmakovka, primorsky region former chair of sevastopol electoral commission (until 26 may 2017). responsible for administering the crimean referendum. responsible under the russian system for signing referendum results. 21.3.2014 33. elena borisovna mizulina (born dmitriyeva) ( (born )) dob: 9.12.1954 pob: bui, kostroma region former deputy in the state duma. originator and co-sponsor of recent legislative proposals in russia that would have allowed regions of other countries to join russia without their central authorities' prior agreement. as of september 2015, a member of the federation council from omsk region. currently deputy chairman of the federation council committee on constitutional legislation and state building. 21.3.2014 51. vladimir nikolaevich pligin ( ' ) dob: 19.5.1960 pob: ignatovo, vologodsk oblast, ussr. former member of the state duma and former 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. member of the supreme council of the united russia party. 12.5.2014 53. oleg grigorievich kozyura ( ) oleh hryhorovych kozyura ( ) dob: 30.12.1965 or 19.12.1962 pob: simferopol, crimea or zaporizhia 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. since october 2016, chief of staff of the legislative assembly of sevastopol. 12.5.2014 59. aleksandr sergeevich malykhin alexander sergeevich malyhin ( ' ) oleksandr serhiyovych (sergiyovych) malykhin ( ' i i ) dob: 12.1.1981 former 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. remains active in supporting separatist policies. 12.5.2014 66. marat faatovich bashirov ( ) dob: 20.1.1964 pob: izhevsk, russian federation former so-called prime minister of the council of ministers of the lugansk people's republic, confirmed on 8 july 2014. responsible for the separatist governmental activities of the so-called government of the lugansk people's republic. continues activities of supporting lnr separatist structures. 12.7.2014 70. igor plotnitsky igor venediktovich plotnitskii ( ' ) ihor (igor) venedyktovych plotnytskyy (i ' ) dob: 24.6.1964 or 25.6.1964 or 26.6.1964 pob: luhansk (possibly in kelmentsi, chernivtsi oblast) former so-called defence minister and former so-called head of the lugansk people's republic. responsible for the separatist governmental activities of the so-called government of the lugansk people's republic. continues to perform governmental activities of the so-called government of the lugansk people's republic as the special envoy of the so-called lugansk people's republic on minsk implementation. 12.7.2014 77. boris vyacheslavovich gryzlov ( ) dob 15.12.1950 pob: vladivostok former permanent member of the security council of the russian federation. as a member of the security council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the russian government threatening the territorial integrity, sovereignty and independence of ukraine. he remains chairman of the supreme council of the united russia party. 25.7.2014 84. fyodor dmitrievich berezin ( ' ) fedir dmytrovych berezin ( 'i i ) dob: 7.2.1960 pob: donetsk former so-called deputy defence minister of the so-called donetsk people's republic. he is associated with 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 berezin has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine. remains active in supporting separatist actions and policies. current chairman of the board of dnr writers' union. 25.7.2014 90. boris alekseevich litvinov ( ) borys oleksiyovych lytvynov ( i ) dob: 13.1.1954 pob: dzerzhynsk (donetsk oblast) former member of the so-called people's council and former chairman of the so-called supreme council of the so-called donetsk people's republic who was at the source of policies and the organisation of the illegal referendum leading to the proclamation of the so-called donetsk people's republic, which constituted a breach of the territorial integrity, sovereignty and unity of ukraine. remains active in supporting separatist actions and policies. current leader of communist party of dnr. 30.7.2014 97. vladimir petrovich kononov (a.k.a. tsar) ( ' ) volodymyr petrovych kononov ( ' ) dob: 14.10.1974 pob: gorsky, luhansk oblast 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 103. aleksandr akimovich karaman ( ' ) alexandru caraman dob: 26.7.1956 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 was 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. former head of the administration of the council of ministers of the donetsk people's republic. until march 2017, so-called plenipotentiary representative of the president of the so-called pridnestrovian moldavian republic to the russian federation. 12.9.2014 108. vladimir abdualiyevich vasilyev ( ' ' ) dob: 11.8.1949 pob: klin former deputy speaker of the state duma. on 20 march 2014, he voted in favour of the draft federal constitutional law on the acceptance into the russian federation of the republic of crimea and the formation within the russian federation of new federal subjects the republic of crimea and the city of federal status sevastopol. he was appointed acting head of republic of dagestan in october 2017 by presidential decree. 12.9.2014 111. vladimir stepanovich nikitin ( ' ) dob 5.4.1948 pob: opochka former member of the state duma and former first deputy chairman of the committee for cis affairs, eurasian integration and relations with compatriots of the state duma. on 20 march 2014 he voted in favour of the draft federal constitutional law on the acceptance into the russian federation of the republic of crimea and the formation within the russian federation of new federal subjects the republic of crimea and the city of federal status sevastopol. member of the presidium of the central committee of the communist party of the russian federation. 12.9.2014 112. oleg vladimirovich lebedev ( ' ) dob 21.3.1964 pob: rudny, kostanai region, kazakh ssr former member of the state duma and former first deputy chairman of the committee for cis affairs, eurasian integration and relations with compatriots of the state duma. on 20 march 2014, he voted in favour of the draft federal constitutional law on the acceptance into the russian federation of the republic of crimea and the formation within the russian federation of new federal subjects the republic of crimea and the city of federal status sevastopol. remains active in supporting separatist policies. 12.9.2014 119. alexander mikhailovich babakov (a ' ) dob: 8.2.1963 pob: chisinau former member of the state duma. former state duma deputy, chair of the state duma commission on legislative provisions for development of the military-industrial complex of the russian federation. he is a prominent member of united russia and a businessman with heavy investments in ukraine and in crimea. on 20 march 2014, he voted in favour of the draft federal constitutional law on the acceptance into the russian federation of the republic of crimea and the formation within the russian federation of new federal subjects the republic of crimea and the city of federal status of sevastopol. currently member of the federation council of the russian federation. deputy chairman of the committee on foreign affairs. 12.9.2014 123. yuriy viktorovich sivokonenko (a.k.a. yuriy sivokonenko, yury sivokonenko, yury syvokonenko) ( ) dob: 7.8.1957 pob: stalino city (now donetsk) member of the parliament of the so-called donetsk people's republic and chairman of the public association union of veterans of the donbass berkut and a member of the public movement free donbass. stood as a candidate in the so-called elections of 2 november 2014 to the post of the head of the so-called donetsk people's republic. these elections were in breach of ukrainian law and therefore illegal. 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. he remains a member of the so-called people's council of the donetsk people's republic. 29.11.2014 125. ravil zakarievich khalikov ( ) ravil zakariyovych khalikov ( i i i ) dob: 23.2.1969 pob: belozernoe 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. currently aide to the head of the moscow branch of the investigative committee of russian federation (gsu sk). 29.11.2014 126. dmitry aleksandrovich semyonov dmitrii aleksandrovich semenov ( ' ) dob: 3.2.1963 pob: moscow former deputy prime minster for finances of the so-called lugansk people's republic. in taking on and acting in this capacity, has actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. remains active in supporting lnr separatist structures. 29.11.2014 140. sergey yurevich ignatov (a.k.a. kuzovlev a.k.a. tambov) ( a.k.a a.k.a. am ob) dob: 7.1.1967 pob: michurinsk, tambov oblast , former so-called commander in chief of the people's militia of the 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. commander of 8th army of the russian armed force. 16.2.2015 145. olga igoreva besedina ( ) olha ihorivna besedina ( i i i ) dob: 10.12.1976 pob: luhansk 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. currently the head of the foreign economy department at the office of the head of the luhansk administration . 16.2.2015 146. zaur raufovich ismailov ( ) zaur raufovych ismayilov ( i ) dob: 25.7.1978 (or 23.3.1975) pob: krasny luch, voroshilovgrad, lugansk region former so-called general prosecutor of the so-called lugansk people's republic (until october 2017). 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 147. anatoly ivanovich antonov ( ) dob 15.5.1955 pob: omsk former deputy minister of defence and, in that capacity, involved in supporting the deployment of russian troops in ukraine. according to the present russian ministry of defence structure, in that capacity he participated in shaping and implementing the policy of the russian government. these policies threaten the territorial integrity, sovereignty and independence of ukraine. as of 28 december 2016, former deputy minister of foreign affairs. holds a position of an ambassador in the diplomatic corps of the russian federation. 16.2.2015 153. konstantin mikhailovich bakharev ( ) dob: 20.10.1972 pob: simferopol, ukrainian ssr member of the state duma, elected from the illegally annexed autonomous republic of crimea. member of the duma committee on control and regulation. in march 2014, bakharev was appointed as a deputy chairperson of the state council of the so-called republic of crimea, and in august 2014 as first deputy chairperson of that body. he has admitted his personal involvement in the events of 2014 that led to the illegal annexation of crimea and sevastopol, which he publicly supported, including in an interview published on gazetakrimea.ru website on 22 march 2016 and c-pravda.ru website on 23 august 2016. he wasawarded with the order for loyalty to duty by the authorities of republic of crimea. 9.11.2016 154. dmitry anatolievich belik ( ) dob: 17.10.1969 pob: kular ust-yansky district,yakut autonomous ssr member of the state duma, elected from the illegally annexed city of sevastopol. member of the duma committee on control and regulation. as a member of the sevastopol municipal administration in february-march 2014 he supported the activities of the so-called people's mayor alexei chaliy. he has publicly admitted his involvement in the events of 2014 that led to the illegal annexation of crimea and sevastopol, which he publicly defended, including on his personal website and in an interview published on 21 february 2016 on nation-news.ru website. for his involvement in the annexation process he has been awarded with russian state order for merit to the fatherland second degree. 9.11.2016 160. sergey anatolevich topor-gilka ( - ) director general of oao vo tpe until its insolvency, director general of ooo vo tpe. dob: 17.2.1970 in his capacity as director general of oao vo tpe, he led the negotiations with siemens gas turbine technologies ooo regarding the purchase and delivery of the gas turbines for a power plant in taman, krasnodar region, russian federation. he was later, as director general of ooo vo tpe, responsible for the transfer of the gas turbines to crimea. this contributes to establishing an independent power supply for crimea and sevastopol as a means of supporting their separation from ukraine, and undermines the territorial integrity, sovereignty and independence of ukraine. 4.8.2017 entities: name identifying information reasons date of listing 3. so-called lugansk people's republic ' luganskaya narodnaya respublika official website: https://glava-lnr.su/content/konstituciya https://glava-lnr.info/ the so-called lugansk people's republic was established on 27 april 2014. responsible for organising the illegal referendum on 11 may 2014. declaration of independence on 12 may 2014. on 22 may 2014, the so-called people's republics of donetsk and lugansk created the so-called federal state of novorossiya. this is in breach of ukrainian constitutional law, and, as a consequence, of international law, thus undermining the territorial integrity, sovereignty and independence of ukraine. it is also involved in the recruitment to the separatist army of southeast and other illegal armed separatist groups, thus undermining the stability or security of ukraine. 25.7.2014 4. so-called donetsk people's republic ' don tskaya nar dnaya resp blika official information, including the constitution of donetsk people's republic and the composition of the supreme council https://dnr-online.ru/ the so-called donetsk people's republic was declared on 7 april 2014. responsible for organising the illegal referendum on 11 may 2014. declaration of independence on 12 may 2014. on 24 may 2014, the so-called people's republics of donetsk and lugansk signed an agreement on the creation of the so-called federal state of novorossiya. this is in breach of ukrainian constitutional law, and, as a consequence, of international law, thus undermining the territorial integrity, sovereignty and independence of ukraine. it is also involved in the recruitment to illegal armed separatist groups, thus threatening the stability or security of ukraine. 25.7.2014 5. so-called federal state of novorossiya ' ' federativnoye gosudarstvo novorossiya official press releases: http://novorossia.su/official http://novopressa.ru/ http://novorossia-tv.ru/ http://novorossia.today/ http://novorossiia.ru/ https://www.novorosinform.org/ on 24 may 2014, the so-called people's republics of donetsk and lugansk signed an agreement on the creation of the unrecognised so-called federal state of novorossiya. this is in breach of ukrainian constitutional law, and, as a consequence, of international law, thus threatening the territorial integrity, sovereignty and independence of ukraine. 25.7.2014 20. joint-stock company sparkling wine plant novy svet a ' formerly known as state unitary enterprise of the republic of crimea sparkling wine plant novy svet ' ' ' gosudarstvennoye unitarnoye predpriyatiye respubliki krym zavod shampanskykh vin novy svet and as state enterprise sparkling wine plant novy svet ' ' ' (gosudarstvenoye predpriyatiye zavod shampanskykh vin novy svet) 298032, crimea, sudak, novy svet, str. shalapina 1. 298032, , . ' , . , . , '. 1 the ownership of the entity was transferred contrary to ukrainian law. on 9 april 2014, the presidium of the parliament of crimea adopted a decision no 1991-6/14 on the amendments to the resolution of the state council of the republic of crimea of 26 march 2014 no 1836-6/14 on 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 zavod shampanskykh vin novy svet on behalf of the republic of crimea. the enterprise is thus effectively confiscated by the crimean authorities. re-registered on 4.1.2015 as state unitary enterprise of the republic of crimeasparkling wine plant novy svet ( ' ' ' ). founder: the ministry of agriculture of the republic of crimea ( ). re-registered following reorganization on 29.8.2017 as joint-stock company sparkling wine plant novy svet (a ' ). founder: the ministry of land and property regulations of the republic of crimea ( ). 25.7.2014 21. joint-stock company almaz-antey air and space defence corporation ' - (a.k.a. concern almaz-antey; almaz-antey corp; a.k.a. almaz-antey defense corporation; a.k.a. almaz-antey jsc; ;) 41 ul.vereiskaya, moscow 121471, russia; website: almaz-antey.ru; email address antey@almaz-antey.ru almaz-antey is a russian state-owned company. it manufactures anti-aircraft weaponry including surface-to-air missiles which it supplies to the russian army. the russian authorities have been providing heavy weaponry to separatists in eastern ukraine, contributing to the destabilisation of ukraine. these weapons are used by the separatists, including for shooting down airplanes. as a state-owned company, almaz-antey therefore contributes to the destabilisation of ukraine. 30.7.2014 22. dobrolet a.k.a. dobrolyot / airline code qd international highway, house 31, building 1, 141411 moscow 141411, . , ' ' ., ' 31, 1 website: www.dobrolet.com dobrolet was a subsidiary of a russian state-owned airline. since the illegal annexation of crimea dobrolet exclusively operated flights between moscow and simferopol. it therefore facilitated the integration of the illegally annexed autonomous republic of crimea into the russian federation and undermined ukrainian sovereignty and territorial integrity. 30.7.2014 28. luhansk economic union (luganskiy ekonomicheskiy soyuz) social organisation that presented candidates in the illegal so-called elections of the so-called lugansk people's republic on 2 november 2014. nominated a candidate, oleg akimov, to be head of the so-called lugansk people's republic. these elections are in breach of ukrainian law and therefore illegal. in participating formally in the illegal elections it has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and to further destabilise ukraine. 29.11.2014 29. cossack national guard ' http:// '. / 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 41. state unitary enterprise of the crimean republic crimean sea ports ( ' ' ), including branches: feodosia commercial port, kerch ferry, kerch commercial port. 28 kirova street kerch 298312 crimea (298312, , . , . , ' 28) the parliament of crimea adopted resolution no 1757-6/14 on 17 march 2014on nationalisation of some companies belonging to the ukrainian ministries of infrastructure or agriculture and resolution no 1865-6/14 on 26 march 2014on state-owned enterprise crimean sea ports ( ' ' ) declaring the appropriation of assets belonging to several state enterprises which were merged into the state unitary enterprise of the crimean republic crimean sea ports on behalf of the republic of crimea. those enterprises were thus effectively confiscated by the crimean authorities and the crimean sea ports has benefited from the illegal transfer of their ownership. 16.9.2017

name: political and security committee decision (cfsp) 2018/355 of 27 february 2018 on the appointment of the eu force commander for the european union military operation in bosnia and herzegovina and repealing decision (cfsp) 2017/682 (bih/26/2018) type: decision subject matter: europe; european construction; defence; eu institutions and european civil service date published: 2018-03-12 12.3.2018 en official journal of the european union l 68/12 political and security committee decision (cfsp) 2018/355 of 27 february 2018 on the appointment of the eu force commander for the european union military operation in bosnia and herzegovina and repealing decision (cfsp) 2017/682 (bih/26/2018) the political and security committee, having regard to the treaty on european union, and in particular article 38 thereof, having regard to council joint action 2004/570/cfsp of 12 july 2004 on the european union military operation in bosnia and herzegovina (1), and in particular article 6(1) thereof, whereas: (1) pursuant to article 6(1) of joint action 2004/570/cfsp, the council authorised the political and security committee (psc) to take the relevant decisions on the appointment of the eu force commander for the european union military operation in bosnia and herzegovina (the eu force commander). (2) on 29 march 2017, the psc adopted decision (cfsp) 2017/682 (2) appointing brigadier general anton waldner as eu force commander. (3) the eu operation commander has recommended the appointment of major general martin dorfer as the new eu force commander to succeed major general anton waldner as from 28 march 2018. (4) the eu military committee agreed to that recommendation on 30 january 2018. (5) decision (cfsp) 2017/682 should therefore be repealed. (6) in accordance with article 5 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 does not participate in the elaboration and the implementation of decisions and actions of the union which have defence implications. (7) on 12 and 13 december 2002, the copenhagen european council adopted a declaration stating that the berlin plus arrangements and the implementation thereof will apply only to those member states of the union which are also either nato members or parties to the partnership for peace, and which have consequently concluded bilateral security agreements with nato, has adopted this decision: article 1 major general martin dorfer is hereby appointed eu force commander for the european union military operation in bosnia and herzegovina as from 28 march 2018. article 2 decision (cfsp) 2017/682 is hereby repealed. article 3 this decision shall enter into force on 28 march 2018. done at brussels, 27 february 2018. for the political and security committee the chairperson w. stevens (1) oj l 252, 28.7.2004, p. 10. (2) political and security committee decision (cfsp) 2017/682 of 29 march 2017 on the appointment of the eu force commander for the european union military operation in bosnia and herzegovina and repealing decision (cfsp) 2016/332 (bih/25/2017) (oj l 98, 11.4.2017, p. 20.).

name: commission implementing decision (eu) 2018/304 of 27 february 2018 excluding from european union financing certain expenditure incurred by the member states under the european agricultural guarantee fund (eagf) and under the european agricultural fund for rural development (eafrd) (notified under document c(2018) 955) type: decision_impl subject matter: eu finance; economic geography; agricultural policy date published: 2018-03-01 1.3.2018 en official journal of the european union l 59/3 commission implementing decision (eu) 2018/304 of 27 february 2018 excluding from european union financing certain expenditure incurred by the member states under the european agricultural guarantee fund (eagf) and under the european agricultural fund for rural development (eafrd) (notified under document c(2018) 955) (only the danish, dutch, english, estonian, french, greek, hungarian, italian, 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 (eu) no 1306/2013 of the european parliament and of the council of 17 december 2013 on the financing, management and monitoring of the common agricultural policy and repealing council regulations (eec) no 352/78, (ec) no 165/94, (ec) no 2799/98, (ec) no 814/2000, (ec) no 1290/2005 and (ec) no 485/2008 (1), and in particular article 52 thereof, after consulting the committee on the agricultural funds, whereas: (1) in accordance with article 31 of council regulation (ec) no 1290/2005 (2) and as from 1 january 2015 in accordance with article 52 of regulation (eu) no 1306/2013 the commission is to carry out the necessary verifications, communicate to the member states the results of those verifications, take note of the comments of the member states, initiate a bilateral discussion so that an agreement may be reached with the member states in question, and formally communicate its conclusions to them. (2) the member states have had an opportunity to request the launch of a conciliation procedure. that opportunity has been used in some cases and the reports issued on the outcome have been examined by the commission. (3) in accordance with regulation (eu) no 1306/2013, only agricultural expenditure which has been incurred in a way that has not infringed union law may be financed. (4) in the light of the verifications carried out, the outcome of the bilateral discussions and the conciliation procedures, part of the expenditure declared by the member states does not fulfil this requirement and cannot, therefore, be financed under the eagf and the eafrd. (5) the amounts that are not recognised as being chargeable to the eagf and the eafrd should be indicated. those amounts do not relate to expenditure incurred more than 24 months before the commission's written notification of the results of the verifications to the member states. (6) the amounts excluded from union financing by the present decision should also take into account any reductions or suspensions in accordance with article 41 of regulation (eu) no 1306/2013 due to the fact that such reductions or suspensions are of a provisional nature and without prejudice to decisions taken pursuant to articles 51 or 52 of that regulation. (7) as regards the cases covered by this decision, the assessment of the amounts to be excluded on grounds of non-compliance with union law was notified by the commission to the member states in a summary report on the subject (3). (8) this decision is without prejudice to any financial conclusions that the commission may draw from the judgments of the court of justice of the european union in cases pending on 1 december 2017, has adopted this decision: article 1 the amounts set out in the annex and related to expenditure incurred by the member states' accredited paying agencies and declared under the eagf or the eafrd shall be excluded from union financing. article 2 this decision is addressed to the kingdom of belgium, the kingdom of denmark, the republic of estonia, the hellenic republic, the kingdom of spain, the french republic, the italian republic, the republic of cyprus, hungary, the kingdom of the netherlands, the republic of poland, the portuguese republic and the united kingdom of great britain and northern ireland. done at brussels, 27 february 2018. for the commission phil hogan member of the commission (1) oj l 347, 20.12.2013, p. 549. (2) council regulation (ec) no 1290/2005 of 21 june 2005 on the financing of the common agricultural policy (oj l 209, 11.8.2005, p. 1). (3) ares(2018)693441 annex decision: 56 budget item: 6701 member state measure fy reason type correction % currency amount deductions financial impact be fruit and vegetables - operational programmes incl withdrawals 2014 deficiencies in 2 key controls: 1)checks to establish the access to the aid claimed and 2)performance of on-the-spot-checks to the sufficient number flat rate 5,00 % eur 1 401 667,45 0,00 1 401 667,45 fruit and vegetables - operational programmes incl withdrawals 2015 deficiencies in 2 key controls: 1)checks to establish the access to the aid claimed and 2)performance of on-the-spot-checks to the sufficient number flat rate 5,00 % eur 3 048 613,14 0,00 3 048 613,14 fruit and vegetables - operational programmes incl withdrawals 2016 deficiencies in 2 key controls: 1)checks to establish the access to the aid claimed and 2)performance of on-the-spot-checks to the sufficient number flat rate 5,00 % eur 454 962,80 0,00 454 962,80 total be: eur 4 905 243,39 0,00 4 905 243,39 member state measure fy reason type correction % currency amount deductions financial impact cy other direct aid - article 68-72 of reg.73/2009 2015 deficiencies in key controls on administrative checks to establish eligibility of aid, in the number and quality of otsc and in checks of the correctness of the aid calculation, including application of penalities flat rate 25,00 % eur 743 559,01 5 021,96 738 537,05 cross-compliance 2015 execution of overlapping amount flat rate 10,00 % eur 0,00 743,15 743,15 total cy: eur 743 559,01 4 278,81 739 280,20 member state measure fy reason type correction % currency amount deductions financial impact dk fruit and vegetables - operational programmes incl withdrawals 2014 absence in key control: check to establish the access to the aid claimed (amendments) - operational programme 2013 flat rate 10,00 % eur 77 482,99 0,00 77 482,99 fruit and vegetables - operational programmes incl withdrawals 2015 absence in key control: check to establish the access to the aid claimed (amendments) - operational programme 2013 flat rate 10,00 % eur 1 004,19 0,00 1 004,19 fruit and vegetables - operational programmes incl withdrawals 2015 absence in key control: check to establish the access to the aid claimed (amendments) - operational programme 2014 flat rate 10,00 % eur 50 929,21 0,00 50 929,21 fruit and vegetables - operational programmes incl withdrawals 2016 absence in key control: check to establish the access to the aid claimed (amendments) - operational programme 2015 flat rate 10,00 % eur 33 919,75 0,00 33 919,75 fruit and vegetables - operational programmes incl withdrawals 2016 absence in key control: check to establish the access to the aid claimed (amendments) operational programme 2016 flat rate 10,00 % eur 3 746,21 0,00 3 746,21 fruit and vegetables - operational programmes incl withdrawals 2015 deficiency in key controls: checks to establish the access to the aid claimed (approvals) and performance of on-the-spot checks to the sufficient number-operational programme 2014 flat rate 5,00 % eur 148 588,55 0,00 148 588,55 fruit and vegetables - operational programmes incl withdrawals 2016 deficiency in key controls: checks to establish the access to the aid claimed (approvals) and performance of on-the-spot checks to the sufficient number-operational programme 2015 flat rate 5,00 % eur 203 788,65 0,00 203 788,65 fruit and vegetables - operational programmes incl withdrawals 2016 deficiency in key controls: check to establish the access to the aid claimed (approvals) and performance of on-the-spot checks to the sufficient number- operational programme 2016 flat rate 5,00 % eur 93 947,04 0,00 93 947,04 fruit and vegetables - operational programmes incl withdrawals 2014 deficiency in key controls: check to establish the access to the aid claimed (approvals) and performance of the on-the-spot checks to the sufficient number- operational programme 2013 flat rate 5,00 % eur 69 031,56 0,00 69 031,56 fruit and vegetables - operational programmes incl withdrawals 2015 deficiency in key controls: check to establish the access to the aid claimed (approvals) and performance of the on-the-spot checks to the sufficient number- operational programme 2013 flat rate 5,00 % eur 894,66 0,00 894,66 total dk: eur 683 332,81 0,00 683 332,81 member state measure fy reason type correction % currency amount deductions financial impact ee cross-compliance 2014 no check of smr1 and smr5 outside natura2000 area and no efficient check of gaec standard on crop rotation, cy2013 flat rate 2,00 % eur 165 629,58 8,70 165 620,88 cross-compliance 2015 no efficient check of gaec standard on crop rotation, cy2014 flat rate 2,00 % eur 222 292,54 48,45 222 244,09 cross-compliance 2014 weakness in the evaluation grid for the veterinarian requirements, wrong application of repetition and tolerance applied to missing eartag, cy2013 one off eur 5 199,82 0,00 5 199,82 cross-compliance 2015 weakness in the evaluation grid for the veterinarian requirements, wrong application of repetition and tolerance applied to missing eartag, cy2014 one off eur 23 685,66 0,00 23 685,66 cross-compliance 2016 weakness in the evaluation grid for the veterinarian requirements, wrong application of repetition and tolerance applied to missing eartag, cy2015 one off eur 11 745,83 0,00 11 745,83 total ee: eur 428 553,43 57,15 428 496,28 member state measure fy reason type correction % currency amount deductions financial impact es fruit and vegetables - operational programmes incl withdrawals 2014 deficiency in check for establishing eligibility of the aid - autonomous community valencia flat rate 5,00 % eur 899 575,15 0,00 899 575,15 fruit and vegetables - operational programmes incl withdrawals 2015 deficiency in check for establishing eligibility of the aid - autonomous community valencia flat rate 5,00 % eur 772 727,27 0,00 772 727,27 fruit and vegetables - operational programmes incl withdrawals 2016 deficiency in check for establishing eligibility of the aid - autonomous community valencia flat rate 5,00 % eur 1 005 671,79 0,00 1 005 671,79 certification 2015 known errors on eagf non iacs for fy 2015 one off eur 38 949,69 0,00 38 949,69 cross-compliance 2016 missing elements for smr 16 and 17 (pigs and calves) flat rate 2,00 % eur 300 289,12 0,00 300 289,12 cross-compliance 2013 scope and quality of otsc: insufficient coverage of smr 11, missing elements smr 16 and 17. reporting of findings: inadequate control reports for gaecs and smr 1+5 correct application of sanctions: leniency for smr 7+8 flat rate 5,00 % eur 4 571,41 0,00 4 571,41 cross-compliance 2014 scope and quality of otsc: insufficient coverage of smr 11, missing elements smr 16 and 17. reporting of findings: inadequate control reports for gaecs and smr 1+5 correct application of sanctions: leniency for smr 7+8 flat rate 5,00 % eur 817 690,48 6 308,46 811 382,02 cross-compliance 2015 scope and quality of otsc: insufficient coverage of smr 11, missing elements smr 16 and 17. reporting of findings: inadequate control reports for gaecs and smr 1+5 correct application of sanctions: leniency for smr 7+8 flat rate 5,00 % eur 795 478,95 0,00 795 478,95 cross-compliance 2014 scope and quality of the otsc correct applications of administrative penalties one off eur 305 781,24 9 506,08 296 275,16 cross-compliance 2015 scope and quality of the otsc correct applications of administrative penalties one off eur 326 996,52 0,00 326 996,52 fruit and vegetables - operational programmes incl withdrawals 2014 specific costs - environmental measures - spain one off eur 2 354 959,99 37 337,46 2 317 622,53 fruit and vegetables - operational programmes incl withdrawals 2015 specific costs - environmental measures - spain one off eur 1 410 165,94 0,00 1 410 165,94 fruit and vegetables - operational programmes incl withdrawals 2016 specific costs - environmental measures - spain one off eur 1 226 301,84 0,00 1 226 301,84 total es: eur 10 259 159,39 53 152,00 10 206 007,39 member state measure fy reason type correction % currency amount deductions financial impact fr certification 2015 amounts not paid to the beneficiary one off eur 3 582,52 0,00 3 582,52 scrutiny of transactions 2015 anomalies from a control not maintained despite the lack of valid evidence in the reply from the beneficiary one off eur 315 360,32 0,00 315 360,32 certification 2015 ceiling not applied on an promotion program expense one off eur 1 205,52 0,00 1 205,52 promotion measures 2015 d penses in ligibles one off eur 43,23 0,00 43,23 promotion measures 2016 d penses in ligibles one off eur 2 307,64 0,00 2 307,64 certification 2015 error in aid calculation one off eur 26,04 0,00 26,04 promotion measures 2011 march public flat rate 25,00 % eur 12 847,81 0,00 12 847,81 promotion measures 2012 march public flat rate 25,00 % eur 28 531,03 0,00 28 531,03 promotion measures 2013 march public flat rate 25,00 % eur 30 952,82 0,00 30 952,82 promotion measures 2014 march public flat rate 25,00 % eur 36 623,83 0,00 36 623,83 promotion measures 2015 march public flat rate 25,00 % eur 33 421,85 0,00 33 421,85 promotion measures 2016 march public flat rate 25,00 % eur 33 285,15 0,00 33 285,15 scrutiny of transactions 2015 reverification tests - difference in amounts calculated one off eur 22,15 0,00 22,15 total fr: eur 498 209,91 0,00 498 209,91 member state measure fy reason type correction % currency amount deductions financial impact gr scrutiny of transactions 2011 weaknesses in ex-post controls fy2011 flat rate 0,50 % eur 119 748,86 0,00 119 748,86 scrutiny of transactions 2012 weaknesses in ex-post controls fy2012 flat rate 0,50 % eur 204 033,17 0,00 204 033,17 scrutiny of transactions 2013 weaknesses in ex-post controls fy2013 flat rate 0,50 % eur 166 301,76 0,00 166 301,76 scrutiny of transactions 2014 weaknesses in ex-post controls fy2014 flat rate 0,50 % eur 98 019,80 0,00 98 019,80 total gr: eur 588 103,59 0,00 588 103,59 member state measure fy reason type correction % currency amount deductions financial impact it cross-compliance 2015 dp - cy 2014 - absent checks of smr 12 - deficient checks of smr 11 flat rate 2,00 % eur 29 114,62 65,77 29 048,85 cross-compliance 2016 dp - cy 2014 - absent checks of smr 12 - deficient checks of smr 11 flat rate 2,00 % eur 267,75 0,00 267,75 cross-compliance 2016 dp - cy 2015 - absent checks of smr 12 - deficient checks of smr 11 flat rate 2,00 % eur 39 163,32 0,00 39 163,32 cross-compliance 2017 dp - cy 2015 - absent checks of smr 12 - deficient checks of smr 11 flat rate 2,00 % eur 679,35 0,00 679,35 milk - schoolmilk 2014 incomplete on-the-spot checks: weakness in the quality of on the-spot checks (key control); absence of verification (during on-the-spot checks) of the existence, contents and location of the european school milk poster (ancillary control) flat rate 5,00 % eur 88 557,31 0,00 88 557,31 milk - schoolmilk 2015 incomplete on-the-spot checks: weakness in the quality of on the-spot checks (key control); absence of verification (during on-the-spot checks) of the existence, contents and location of the european school milk poster (ancillary control) flat rate 5,00 % eur 105 852,81 0,00 105 852,81 milk - schoolmilk 2016 incomplete on-the-spot checks: weakness in the quality of on the-spot checks (key control); absence of verification (during on-the-spot checks) of the existence, contents and location of the european school milk poster (ancillary control) flat rate 5,00 % eur 84 911,30 0,00 84 911,30 apiculture 2014 no supervision of the tasks delegated to regional administrations and ministries: absence of adequate supervision of the procedure (ancillary control) and absence of assessment of the results of the controls performed (ancillary control) flat rate 2,00 % eur 55 066,50 0,00 55 066,50 apiculture 2015 no supervision of the tasks delegated to regional administrations and ministries: absence of adequate supervision of the procedure (ancillary control) and absence of assessment of the results of the controls performed (ancillary control) flat rate 2,00 % eur 54 104,65 0,00 54 104,65 total it: eur 457 717,61 65,77 457 651,84 member state measure fy reason type correction % currency amount deductions financial impact pt irregularities 2014 debts wrongly reported in the annex iii tables, having escaped the application of the 50/50 rule one off eur 1 052 101,05 0,00 1 052 101,05 irregularities 2014 delays observed in the recovery proceedings for cases taken over by ifap from a previous paying agency one off eur 741 737,97 0,00 741 737,97 irregularities 2014 delays observed in the recovery proceedings regarding individual cases one off eur 104 962,96 0,00 104 962,96 decoupled direct aids 2015 weakness in cross checks and on-the-spot checks - claim year 2014 flat rate 5,00 % eur 3 242 209,73 0,00 3 242 209,73 decoupled direct aids 2016 weakness in cross checks and on-the-spot checks - claim year 2014 flat rate 5,00 % eur 3 715,50 0,00 3 715,50 decoupled direct aids 2016 weakness in cross checks and on-the-spot checks - claim year 2015 flat rate 2,00 % eur 884 717,49 0,00 884 717,49 decoupled direct aids 2016 weakness in cross checks and on-the-spot checks - claim year 2015 flat rate 5,00 % eur 3 590 150,34 0,00 3 590 150,34 total pt: eur 9 619 595,04 0,00 9 619 595,04 currency amount deductions financial impact eur 28 183 474,18 57 553,73 28 125 920,45 budget item: 6711 member state measure fy reason type correction % currency amount deductions financial impact ee cross-compliance 2014 no check of smr1 and smr5 outside natura2000 area and no efficient check of gaec standard on crop rotation, cy2013 flat rate 2,00 % eur 77 416,43 0,00 77 416,43 cross-compliance 2015 no efficient check of gaec standard on crop rotation, cy2014 flat rate 2,00 % eur 19 774,20 0,00 19 774,20 total ee: eur 97 190,63 0,00 97 190,63 member state measure fy reason type correction % currency amount deductions financial impact es certification 2015 correction related to the mle on eafrd one off eur 668 699,81 0,00 668 699,81 certification 2015 financial correction corresponding to known error on eafrd non iacs for fy 2015 one off eur 11 440,01 0,00 11 440,01 certification 2015 financial correction for eafrd non iacs for fy 2015 one off eur 113 175,10 0,00 113 175,10 cross-compliance 2016 missing elements for smr 16 and 17 (pigs and calves) flat rate 2,00 % eur 21 343,86 0,00 21 343,86 cross-compliance 2013 scope and quality of otsc: insufficient coverage of smr 11, missing elements smr 16 and 17. reporting of findings: inadequate control reports for gaecs and smr 1+5 correct application of sanctions: leniency for smr 7+8 flat rate 5,00 % eur 762,38 0,00 762,38 cross-compliance 2014 scope and quality of otsc: insufficient coverage of smr 11, missing elements smr 16 and 17. reporting of findings: inadequate control reports for gaecs and smr 1+5 correct application of sanctions: leniency for smr 7+8 flat rate 5,00 % eur 62 486,64 0,00 62 486,64 cross-compliance 2015 scope and quality of otsc: insufficient coverage of smr 11, missing elements smr 16 and 17. reporting of findings: inadequate control reports for gaecs and smr 1+5 correct application of sanctions: leniency for smr 7+8 flat rate 5,00 % eur 59 547,37 0,00 59 547,37 cross-compliance 2016 scope and quality of otsc: insufficient coverage of smr 11, missing elements smr 16 and 17. reporting of findings: inadequate control reports for gaecs and smr 1+5 correct application of sanctions: leniency for smr 7+8 flat rate 5,00 % eur 921,49 0,00 921,49 total es: eur 938 376,66 0,00 938 376,66 member state measure fy reason type correction % currency amount deductions financial impact fr rural development eafrd axis 4 leader (2007-2013) 2014 weaknesses in the operation of 5 key controls and absence in the operation of one ancillary control. flat rate 10,00 % eur 2 027 152,90 0,00 2 027 152,90 rural development eafrd leader 2015 weaknesses in the operation of 5 key controls and absence in the operation of one ancillary control. flat rate 10,00 % eur 8 656 384,25 0,00 8 656 384,25 rural development eafrd leader 2016 weaknesses in the operation of 5 key controls and absence in the operation of one ancillary control. flat rate 10,00 % eur 4 018 872,63 0,00 4 018 872,63 total fr: eur 14 702 409,78 0,00 14 702 409,78 member state measure fy reason type correction % currency amount deductions financial impact gb certification 2015 clearance of accounts eafrd last year of execution q1-q5 - established known error one off eur 213 546,87 0,00 213 546,87 total gb: eur 213 546,87 0,00 213 546,87 member state measure fy reason type correction % currency amount deductions financial impact gr rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2012 deficiency in verification of reasonableness of costs flat rate 5,00 % eur 120 897,57 0,00 120 897,57 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2013 deficiency in verification of reasonableness of costs flat rate 5,00 % eur 303 292,01 0,00 303 292,01 rural development eafrd investment - private beneficiaries 2014 deficiency in verification of reasonableness of costs flat rate 5,00 % eur 553 152,71 0,00 553 152,71 rural development eafrd investment - private beneficiaries 2015 deficiency in verification of reasonableness of costs flat rate 5,00 % eur 437 893,87 0,00 437 893,87 rural development eafrd investment - private beneficiaries 2016 deficiency in verification of reasonableness of costs flat rate 5,00 % eur 822 852,07 0,00 822 852,07 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2010 inapropriate procedures for the selection of projects flat rate 5,00 % eur 30 749,91 0,00 30 749,91 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2011 inapropriate procedures for the selection of projects flat rate 5,00 % eur 49 826,52 0,00 49 826,52 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2012 inapropriate procedures for the selection of projects flat rate 5,00 % eur 119 551,88 0,00 119 551,88 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2013 inapropriate procedures for the selection of projects flat rate 5,00 % eur 201 254,10 0,00 201 254,10 rural development eafrd investment - public beneficiaries 2014 inapropriate procedures for the selection of projects flat rate 5,00 % eur 830 312,29 0,00 830 312,29 rural development eafrd investment - public beneficiaries 2014 inapropriate procedures for the selection of projects flat rate 10,00 % eur 6 136 480,21 0,00 6 136 480,21 rural development eafrd (2014-2020) investment - public beneficiaries 2015 inapropriate procedures for the selection of projects flat rate 5,00 % eur 703 301,49 0,00 703 301,49 rural development eafrd (2014-2020) investment - private beneficiaries 2015 inapropriate procedures for the selection of projects flat rate 10,00 % eur 2 155 409,32 0,00 2 155 409,32 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2010 inapropriate procedures for the selection of projects flat rate 10,00 % eur 554 055,15 487 979,28 66 075,87 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2011 inapropriate procedures for the selection of projects flat rate 10,00 % eur 1 220 515,76 656 150,49 564 365,27 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2012 inapropriate procedures for the selection of projects flat rate 10,00 % eur 1 828 268,31 996 721,66 831 546,65 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2013 inapropriate procedures for the selection of projects flat rate 10,00 % eur 1 801 318,58 871 203,34 930 115,24 total gr: eur 17 869 131,75 3 012 054,77 14 857 076,98 member state measure fy reason type correction % currency amount deductions financial impact hu rural development eafrd technical assistance (2007-2013) 2014 administrative checks on eligibility of expenditure and reasonableness of costs expenditure for the national rural network secretariat flat rate 5,00 % eur 9 628,57 0,00 9 628,57 rural development eafrd technical assistance (2007-2013) 2015 administrative checks on eligibility of expenditure and reasonableness of costs expenditure for the national rural network secretariat flat rate 5,00 % eur 58 417,95 0,00 58 417,95 rural development eafrd (2014-2020) investment - public beneficiaries 2016 administrative checks on eligibility of expenditure and reasonableness of costs expenditure for the national rural network secretariat flat rate 5,00 % eur 21 014,37 0,00 21 014,37 rural development eafrd investment - public beneficiaries 2014 deficiencies in key control verification that public procurement procedures are in compliance with relevant procurement rules flat rate 3,00 % eur 1 689 987,98 0,00 1 689 987,98 rural development eafrd (2014-2020) investment - private beneficiaries 2015 deficiencies in key control verification that public procurement procedures are in compliance with relevant procurement rules flat rate 3,00 % eur 159 748,42 0,00 159 748,42 rural development eafrd (2014-2020) investment - public beneficiaries 2015 deficiencies in key control verification that public procurement procedures are in compliance with relevant procurement rules flat rate 3,00 % eur 1 369 614,85 0,00 1 369 614,85 rural development eafrd (2014-2020) measures with flat-rate support 2015 deficiencies in key control verification that public procurement procedures are in compliance with relevant procurement rules flat rate 3,00 % eur 934 232,55 0,00 934 232,55 rural development eafrd (2014-2020) investment - private beneficiaries 2016 deficiencies in key control verification that public procurement procedures are in compliance with relevant procurement rules flat rate 3,00 % eur 25 148,56 0,00 25 148,56 rural development eafrd (2014-2020) investment - public beneficiaries 2016 deficiencies in key control verification that public procurement procedures are in compliance with relevant procurement rules flat rate 3,00 % eur 335 499,23 0,00 335 499,23 rural development eafrd (2014-2020) measures with flat-rate support 2016 deficiencies in key control verification that public procurement procedures are in compliance with relevant procurement rules flat rate 3,00 % eur 108 319,82 0,00 108 319,82 rural development eafrd (2014-2020) investment - private beneficiaries 2016 deficiency in the verification of the selection criteria flat rate 5,00 % eur 1 049 828,99 0,00 1 049 828,99 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2013 deficiency in the verification of the selection criterions flat rate 5,00 % eur 2 107 770,83 0,00 2 107 770,83 rural development eafrd investment - private beneficiaries 2014 deficiency in the verification of the selection criterions flat rate 5,00 % eur 3 591 328,19 0,00 3 591 328,19 rural development eafrd investment - private beneficiaries 2015 deficiency in the verification of the selection criterions flat rate 5,00 % eur 3 760 449,18 0,00 3 760 449,18 rural development eafrd (2014-2020) investment - public beneficiaries 2015 ineligible expenditure - rehabilitation allowance one off eur 78 404,09 0,00 78 404,09 total hu: eur 15 299 393,58 0,00 15 299 393,58 member state measure fy reason type correction % currency amount deductions financial impact it rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2012 m121 - evaluation of the reasonableness of costs using a suitable evaluation system flat rate 5,00 % eur 1 050,85 0,00 1 050,85 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2013 m121 & m311 - evaluation of the reasonableness of costs using a suitable evaluation system flat rate 5,00 % eur 44 795,62 0,00 44 795,62 rural development eafrd investment - private beneficiaries 2014 m121 & m311 - evaluation of the reasonableness of costs using a suitable evaluation system flat rate 5,00 % eur 683 051,22 0,00 683 051,22 rural development eafrd axis 1+3 - investment orientated measures (2007-2013) 2013 m123 - evaluation of the reasonableness of costs using a suitable evaluation system flat rate 5,00 % eur 69 906,41 0,00 69 906,41 rural development eafrd investment - private beneficiaries 2014 m123 - evaluation of the reasonableness of costs using a suitable evaluation system flat rate 5,00 % eur 187 357,16 0,00 187 357,16 rural development eafrd (2014-2020) measures subject to iacs 2016 measure 10 - insufficient information in the on-the-spot check reports. flat rate 2,00 % eur 372 560,23 0,00 372 560,23 cross-compliance 2015 rd - cy 2014 - absent checks of smr 12 - deficient checks of smr 11 flat rate 2,00 % eur 424,78 0,00 424,78 cross-compliance 2016 rd - cy 2014 - absent checks of smr 12 - deficient checks of smr 11 flat rate 2,00 % eur 11 664,44 0,00 11 664,44 cross-compliance 2017 rd - cy 2014 - absent checks of smr 12 - deficient checks of smr 11 flat rate 2,00 % eur 6,64 0,00 6,64 cross-compliance 2016 rd - cy 2015 - absent checks of smr 12 - deficient checks of smr 11 flat rate 2,00 % eur 22 843,51 0,00 22 843,51 cross-compliance 2017 rd - cy 2015 - absent checks of smr 12 - deficient checks of smr 11 flat rate 2,00 % eur 2 984,28 0,00 2 984,28 total it: eur 1 396 645,14 0,00 1 396 645,14 member state measure fy reason type correction % currency amount deductions financial impact nl rural development eafrd axis 2 (2007-2013, non area related measures) 2014 measure 216 - fy 2014: verification that public procurement procedures are in compliance with national and union regulation one off eur 73 468,75 0,00 73 468,75 rural development eafrd (2014-2020) investment - private beneficiaries 2015 measure 216 - fy 2015: verification that public procurement procedures are in compliance with national and union regulation one off eur 41 982,05 0,00 41 982,05 total nl: eur 115 450,80 0,00 115 450,80 member state measure fy reason type correction % currency amount deductions financial impact pl rural development eafrd technical assistance (2007-2013) 2013 deficiencies found as regards administrative checks implemented by poland for technical assistance under the rdp 2007-2013 related to procurement costs flat rate 5,00 % eur 611 934,31 0,00 611 934,31 rural development eafrd technical assistance (2007-2013) 2014 deficiencies found as regards administrative checks implemented by poland for technical assistance under the rdp 2007-2013 related to procurement costs flat rate 5,00 % eur 225 106,61 0,00 225 106,61 rural development eafrd (2014-2020) investment - public beneficiaries 2015 deficiencies found as regards administrative checks implemented by poland for technical assistance under the rdp 2007-2013 related to procurement costs flat rate 5,00 % eur 452 711,75 0,00 452 711,75 rural development eafrd (2014-2020) investment - public beneficiaries 2016 deficiencies found as regards administrative checks implemented by poland for technical assistance under the rdp 2007-2013 related to procurement costs flat rate 5,00 % eur 24 793,37 0,00 24 793,37 rural development eafrd technical assistance (2007-2013) 2013 deficiencies found as regards administrative checks implemented by poland for technical assistance under the rdp 2007-2013 related to staff costs flat rate 5,00 % eur 364 619,66 0,00 364 619,66 rural development eafrd technical assistance (2007-2013) 2014 deficiencies found as regards administrative checks implemented by poland for technical assistance under the rdp 2007-2013 related to staff costs flat rate 5,00 % eur 1 268 615,21 0,00 1 268 615,21 rural development eafrd (2014-2020) investment - public beneficiaries 2015 deficiencies found as regards administrative checks implemented by poland for technical assistance under the rdp 2007-2013 related to staff costs flat rate 5,00 % eur 998 547,68 0,00 998 547,68 rural development eafrd (2014-2020) investment - public beneficiaries 2016 deficiencies found as regards administrative checks implemented by poland for technical assistance under the rdp 2007-2013 related to staff costs flat rate 5,00 % eur 806 758,57 0,00 806 758,57 total pl: eur 4 753 087,16 0,00 4 753 087,16 currency amount deductions financial impact eur 55 385 232,37 3 012 054,77 52 373 177,60

name: council decision (cfsp) 2018/297 of 20 february 2018 appointing the chairman of the military committee of the european union type: decision subject matter: european construction; eu institutions and european civil service date published: 2018-02-28 28.2.2018 en official journal of the european union l 56/33 council decision (cfsp) 2018/297 of 20 february 2018 appointing the chairman of the military committee of the european union the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 240 thereof, having regard to council decision 2001/79/cfsp of 22 january 2001 setting up the military committee of the european union (1), whereas: (1) pursuant to article 3(1) of decision 2001/79/cfsp, the chairman of the military committee of the european union (the military committee) is to be appointed by the council on the recommendation of the military committee meeting at the level of the chiefs of defence. according to article 3(2) of that decision, the term of office of the chairman of the military committee is three years, unless the council decides otherwise. (2) on 15 december 2014, the council appointed general mikhail kostarakos as chairman of the military committee (ceumc) for a period of three years from 6 november 2015 (2). (3) at its meeting on 6-7 november 2017, the military committee meeting at the level of the chiefs of defence recommended that general claudio graziano be appointed chairman of the military committee, exceptionally, for a period of three and a half years. (4) the military committee recommended that the mandate of general claudio graziano be exceptionally extended beyond three years in order to move the replacement of the ceumc permanently to a more suitable period of the year, has adopted this decision: article 1 general claudio graziano is hereby appointed chairman of the military committee of the european union for a period of three and a half years from 6 november 2018. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 20 february 2018. for the council the president v. goranov (1) oj l 27, 30.1.2001, p. 4. (2) council decision 2014/920/cfsp of 15 december 2014 appointing the chairman of the military committee of the european union (oj l 363, 18.12.2014, p. 149).

name: council decision (cfsp) 2018/294 of 26 february 2018 amending decision (cfsp) 2015/259 in support of activities of the organisation for the prohibition of chemical weapons (opcw) in the framework of the implementation of the eu strategy against proliferation of weapons of mass destruction type: decision subject matter: international security; defence; european construction; cooperation policy; world organisations date published: 2018-02-27 27.2.2018 en official journal of the european union l 55/58 council decision (cfsp) 2018/294 of 26 february 2018 amending decision (cfsp) 2015/259 in support of activities of the organisation for the prohibition of chemical weapons (opcw) in the framework of the implementation of the eu strategy against 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(1), in conjunction with article 31(1) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 17 february 2015, the council adopted decision (cfsp) 2015/259 (1). (2) decision (cfsp) 2015/259 provides for an implementation period for the activities referred to in article 1(2) of that decision of 36 months after the date of the conclusion of the financial agreement referred to in article 3(3) of that decision. (3) on 17 january 2018, the implementing entity (the opcw technical secretariat) requested the authorisation of the union to extend the implementation period of decision (cfsp) 2015/259 for 9 months to allow for the continuation of the implementation of the activities beyond the expiry date referred to in article 5(2) of that decision. (4) the requested amendment of decision (cfsp) 2015/259 concerns article 5(2) and the annex thereto, in particular regarding the descriptions of certain project activities that should be modified. (5) the continuation of the activities referred to in article 1(2) of decision (cfsp) 2015/259, as specifically quoted in the request made by the opcw technical secretariat on 17 january 2018, is possible without any resource implication. (6) decision (cfsp) 2015/259 should therefore be amended to enable the continued implementation of the activities provided for therein by extending its duration accordingly, has adopted this decision: article 1 decision (cfsp) 2015/259 is hereby amended as follows: (1) in article 5, paragraph 2 is replaced by the following: 2. it shall expire 45 months after the date of the conclusion of the financing agreement referred to in article 3(3). (2) in the annex, under the heading project i national implementation and verification, subheading activities the last sentence in the description of the activity 1. regional training course for customs authorities of state parties on technical aspects of the cwc's transfers' regimef is replaced by the following: the training will be carried out by the technical secretariat's implementation support branch, with technical expertise from the declarations branch, in the africa region. (3) in the annex, under the heading project i national implementation and verification, subheading activities, the last two sentences in the description of the activity 10. implementing the lessons arising from the syria mission are replaced by the following: in order to do this most effectively, it is proposed that the secretariat hold an internal workshop to review and analyse the lessons learnt and to implement them as early as possible. the outcomes of this workshop should include identifying and implementation relevant training programmes as well as purchase recommended equipment as identified in the workshop. (4) in the annex, under the heading project v universality and outreach, subheading activities, the first sentence in the description of the activity 2. production of an opcw exhibition is replaced by the following: production of a professional physical and online exhibition on the opcw and cwc for use at relevant meetings, conferences, etc., in collaboration with science and peace museums. (5) in the annex, under the heading project v universality and outreach, subheading activities, the description of the activity 3. youth outreach is replaced by the following: outreach aimed at young audiences (ages 15-25) to both raise awareness of the opcw and the cwc and to engage youth in exploring opportunities for future careers in fields and sectors on the international level. this will involve outreach through video blogging and the development of communication materials targeting young audiences. (6) in the annex, under the heading project v universality and outreach, subheading activities, the description of the activity 4. universality facilitation for non-state parties to join the cwc is replaced by the following: with few states not party to the cwc, and in order to promote adherence to the cwc as a state's commitment to disarmament and international co-operation, the opcw technical secretariat will focus on bilateral and outreach meetings with states not party and sponsorship of participants from states not party to the cwc to take part in opcw events. (7) in the annex, under the heading project v universality and outreach, subheading activities, the last sentence of description of the activity 5. support for ngo participation in opcw activities is replaced by the following: this proposal will provide basic travel and lodging support for ngo representatives from states with developing economies or economies in transition to attend each of the conferences of state parties in 2015, 2016, 2017 and 2018. (8) in the annex, under the heading, project vi africa programme, subheading activities, the description of the activity 4. synergies and partnerships for effective implementation is replaced by the following: the activity aims at strengthening the cwc national authorities' abilities to reach out to national stakeholders, and at promoting the engagement of the stakeholder agencies/bodies in supporting the implementation of the cwc. these are national industry associations, regional/subregional organisations, customs training institutions, laboratories and academic institutions. the activity will facilitate sharing of practices amongst states parties from the africa region and encourage state-to-state support. participants from african states parties will be sponsored to take part in a meeting of national authorities at opcw hq in the hague. (9) in the annex, under the heading, project vi africa programme, subheading activities, the last sentence in the description of the activity 5. analytical skills development courses is replaced by the following: the courses are implemented with the support of verifin, a renowned institution selected through a transparent tender process, with which opcw has entered into a 5-year agreement, and with the support of the national institute for research-physical and chemical analysis (inrap) of tunisia. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 26 february 2018. for the council the president f. mogherini (1) council decision (cfsp) 2015/259 of 17 february 2015 in support of activities of the organisation for the prohibition of chemical weapons (opcw) in the framework of the implementation of the eu strategy against proliferation of weapons of mass destruction (oj l 43, 18.2.2015, p. 14).

name: council decision (eu) 2018/270 of 15 february 2018 amending decision 1999/70/ec concerning the external auditors of the national central banks, as regards the external auditors of the central bank of cyprus type: decision subject matter: monetary relations; accounting; monetary economics; europe date published: 2018-02-23 23.2.2018 en official journal of the european union l 51/14 council decision (eu) 2018/270 of 15 february 2018 amending decision 1999/70/ec concerning the external auditors of the national central banks, as regards the external auditors of the central bank of cyprus 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 19 december 2017 to the council of the european union on the external auditors of the central bank of cyprus (ecb/2017/43) (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 of the european union. (2) the mandate of the central bank of cyprus's current external auditors, kpmg limited, ends after the audit for the financial year 2017. it is therefore necessary to appoint external auditors for the central bank of cyprus for the financial years 2018 to 2022. (3) the central bank of cyprus has selected pricewaterhousecoopers limited as its external auditors for the financial years 2018 to 2022. (4) the governing council of the ecb has recommended that pricewaterhousecoopers limited be appointed as the external auditors of the central bank of cyprus for the financial years 2018 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 14 is replaced by the following: 14. pricewaterhousecoopers limited is hereby approved as the external auditors of the central bank of cyprus for the financial years 2018 to 2022. article 2 this decision shall take effect on the date of its notification. article 3 this decision is addressed to the european central bank. done at brussels, 15 february 2018. for the council the president k. valchev (1) oj c 2, 5.1.2018, 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: commission decision (eu) 2018/262 of 14 february 2018 on the proposed citizens' initiative entitled we are a welcoming europe, let us help! (notified under document c(2018) 895) type: decision subject matter: european construction; migration; international law; parliament; cooperation policy date published: 2018-02-22 22.2.2018 en official journal of the european union l 49/64 commission decision (eu) 2018/262 of 14 february 2018 on the proposed citizens' initiative entitled we are a welcoming europe, let us help! (notified under document c(2018) 895) (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 (eu) no 211/2011 of the european parliament and of the council of 16 february 2011 on the citizens' initiative (1), and in particular article 4 thereof, whereas: (1) the subject-matter of the proposed citizens' initiative entitled we are a welcoming europe, let us help! refers to the following governments are struggling to handle migration. most of us want to help people in need because we care. millions have stood up to help. now we want to be heard. let's reclaim a welcoming europe! we call upon the european commission to act. (2) the stated objectives of the proposed citizens' initiative are: 1. citizens across europe want to sponsor refugees to offer them a safe home and a new life. we want the commission to offer direct support to local groups that help refugees who are granted national visas. 2. no one should be prosecuted or fined for offering humanitarian help or shelter. we want the commission to stop those governments that are punishing volunteers. 3. everyone has the right to justice. we want the commission to guarantee more effective ways and rules to defend all victims of labour exploitation and crime across europe and all victims of human rights abuses at our borders. (3) the treaty on european union (teu) reinforces citizenship of the union and enhances further the democratic functioning of the union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the union by way of a european citizens' initiative. (4) to this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the union more accessible. (5) legal acts of the union for the purpose of implementing the treaties can be adopted: concerning the checks to which persons crossing external borders are subject, on the basis of article 77(2)(b) of the treaty on the functioning of the european union (tfeu), governing a common european asylum system, on the basis of article 78(2) tfeu, providing for measures for the purposes of a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in member states, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings, on the basis of article 79(2) tfeu, establishing minimum rules on the rights of victims of crime, to the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension, on the basis of article 82(2)(c) tfeu, establishing minimum rules concerning the definition of criminal offences and sanctions in certain areas, on the basis of article 83(1) and (2) tfeu. (6) as regards the second limb of the proposed citizens' initiative, the union's competences pursuant to article 83 tfeu are limited in that, whilst conferring on the union the competence to adopt minimum rules concerning the definition of criminal offences, article 83 tfeu does not allow prohibiting member states from penalising other types of behaviour, as they consider appropriate, including acts linked to illegal immigration. (7) however the second limb of the proposed citizens' initiative also needs to be examined in the light of article 79 tfeu. pursuant to that provision, legal acts of the union for the purpose of implementing the treaties can be adopted for the purposes of a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings , inter alia, in the area of illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation. (8) for those reasons, the proposed citizens' initiative does not fall manifestly outside the framework of the commission's powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties. (9) furthermore, the citizens' committee has been formed and the contact persons have been designated in accordance with article 3(2) of the regulation and the proposed citizens' initiative is neither manifestly abusive, frivolous or vexatious nor manifestly contrary to the values of the union as set out in article 2 teu. (10) the proposed citizens' initiative entitled we are a welcoming europe, let us help! should therefore be registered, has adopted this decision: article 1 the proposed citizens' initiative entitled we are a welcoming europe, let us help! is hereby registered. article 2 this decision shall enter into force on 15 february 2018. article 3 this decision is addressed to the organisers (members of the citizens' committee) of the proposed citizens' initiative entitled we are a welcoming europe, let us help!, represented by ms isabelle chopin and ms emma bonino acting as contact persons. done at brussels, 14 february 2018. for the commission frans timmermans vice-president (1) oj l 65, 11.3.2011, p. 1.

name: council decision (cfsp) 2018/225 of 15 february 2018 amending decision (cfsp) 2017/346 extending the mandate of the european union special representative for human rights type: decision subject matter: eu institutions and european civil service; rights and freedoms; international affairs date published: 2018-02-16 16.2.2018 en official journal of the european union l 43/14 council decision (cfsp) 2018/225 of 15 february 2018 amending decision (cfsp) 2017/346 extending the mandate of the european union special representative for human rights the council of the european union, having regard to the treaty on european union, and in particular article 33 and article 31(2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 25 july 2012 the council adopted decision 2012/440/cfsp (1) appointing mr stavros lambrinidis as the european union special representative (eusr) for human rights. (2) on 27 february 2017, the council adopted decision (csfp) 2017/346 (2), extending the mandate of the european union special representative for human rights. the eusr's mandate is to expire on 28 february 2019. (3) decision (cfsp) 2017/346 provided the eusr with the financial reference amount covering the period from 1 march 2017 to 28 february 2018. a new financial reference amount for the period from 1 march 2018 to 28 february 2019 should be established. (4) decision (cfsp) 2017/346 should therefore be amended accordingly, has adopted this decision: article 1 in article 5(1) of decision (cfsp) 2017/346, the following subparagraph is added: the financial reference amount intended to cover the expenditure related to the eusr's mandate for the period from 1 march 2018 to 28 february 2019 shall be eur 894 178. article 2 this decision shall enter into force on the date of its adoption. it shall apply from 1 march 2018. done at brussels, 15 february 2018. for the council the president k. valchev (1) council decision 2012/440/cfsp of 25 july 2012 appointing the european union special representative for human rights (oj l 200, 27.7.2012, p. 21). (2) council decision (cfsp) 2017/346 of 27 february 2017 extending the mandate of the european union special representative for human rights (oj l 50, 28.2.2017, p. 66).

name: council decision (eu) 2018/219 of 23 january 2018 on the conclusion of the agreement between the european union and the swiss confederation on the linking of their greenhouse gas emissions trading systems type: decision subject matter: europe; environmental policy; cooperation policy; international affairs; european construction; deterioration of the environment date published: 2018-02-16 16.2.2018 en official journal of the european union l 43/1 council decision (eu) 2018/219 of 23 january 2018 on the conclusion of the agreement between the european union and the swiss confederation on the linking of their greenhouse gas emissions trading systems 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 point (a) 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) in accordance with council decision (eu) 2017/2240 (2), the agreement between the european union and the swiss confederation on the linking of their greenhouse gas emissions trading systems (the agreement) was signed on 23 november 2017, subject to its conclusion at a later date. (2) cap and trade systems are policy tools that cost-effectively reduce greenhouse gas emissions. linking cap and trade systems is expected to result in broader carbon pricing, increasing the availability of reduction opportunities and enhancing the cost-efficiency of emissions trading. the development of a well-functioning international carbon market through bottom-up linking of emissions trading systems (ets) is a long term policy goal of the union and the international community, notably as a means to achieve the climate objectives, including under the paris agreement on climate change. (3) the agreement should be approved. (4) it is essential that aviation be covered by the swiss ets in order to link the swiss ets with the union's ets. while the swiss ets does not yet cover aviation, the swiss confederation is working on rules extending its ets to aviation. the agreement should not enter into force until those rules are in place and annex i, part b of the agreement is amended to refer to those rules, has adopted this decision: article 1 the agreement between the european union and the swiss confederation on the linking of their greenhouse gas emissions trading systems is hereby approved on behalf of the union (3). article 2 1. the president of the council shall designate the person(s) empowered to proceed, on behalf of the union, to exchange the instruments of ratification or approval provided for in article 21 of the agreement, in order to express the consent of the union to be bound by the agreement (4). 2. the instrument of approval of the union shall only be notified when the swiss confederation has brought into force the requisite rules extending its ets to aviation and annex i, part b of the agreement is amended accordingly. article 3 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, 23 january 2018. for the council the president v. goranov (1) consent of 12 december 2017 (not yet published in the official journal). (2) council decision (eu) 2017/2240 of 10 november 2017 on the signing, on behalf of the union, and provisional application of the agreement between the european union and the swiss confederation on the linking of their greenhouse gas emissions trading systems (oj l 322, 7.12.2017, p. 1). (3) the agreement has been published in oj l 322, 7.12.2017, p. 3, together with the decision on signature. (4) 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: commission implementing decision (eu) 2018/218 of 13 february 2018 amending annex ii to decision 92/260/eec as regards temporary admission of registered horses from certain parts of china, amending decision 93/195/eec as regards animal health and veterinary certification conditions for the re-entry of registered horses for racing, competition and cultural events after temporary export to china, mexico and the united states of america, and amending annex i to decision 2004/211/ec as regards the entries for china, mexico and turkey in the list of third countries and parts thereof from which imports into the union of live equidae and semen, ova and embryos of the equine species are authorised (notified under document c(2018) 713) (text with eea relevance. ) type: decision_impl subject matter: trade; europe; america; tariff policy; agricultural policy; asia and oceania; means of agricultural production; social affairs date published: 2018-02-15 15.2.2018 en official journal of the european union l 42/54 commission implementing decision (eu) 2018/218 of 13 february 2018 amending annex ii to decision 92/260/eec as regards temporary admission of registered horses from certain parts of china, amending decision 93/195/eec as regards animal health and veterinary certification conditions for the re-entry of registered horses for racing, competition and cultural events after temporary export to china, mexico and the united states of america, and amending annex i to decision 2004/211/ec as regards the entries for china, mexico and turkey in the list of third countries and parts thereof from which imports into the union of live equidae and semen, ova and embryos of the equine species are authorised (notified under document c(2018) 713) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 92/65/eec of 13 july 1992 laying down animal health requirements governing trade in and imports into the community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific community rules referred to in annex a(i) to directive 90/425/eec (1), and in particular article 17(3)(a) thereof, having regard to council directive 2009/156/ec of 30 november 2009 on animal health conditions governing the movement and importation from third countries of equidae (2), and in particular article 12(1) and (4), article 15(a), article 16(2), and the introductory phrase and points (a) and (b) of article 19 thereof, whereas: (1) directive 2009/156/ec lays down animal health conditions for the importation into the union of live equidae. it provides that imports of equidae into the union are only authorised from third countries that meet certain animal health requirements. (2) commission decision 92/260/eec (3) provides models of health certificates for temporary admission of registered horses from third countries, including the health certificate in annex ii(c) for third countries, including china and hong kong, assigned to sanitary group c in accordance with annex i thereto. (3) in accordance with commission decision 2004/211/ec (4), the temporary admission, the re-entry after temporary export and the import of registered horses are authorised from the equine disease free zone (edfz) in conghua city, guangzhou municipality, guangdong province of china, referred to as cn-1 in the list of third countries and parts thereof in annex i thereto. (4) following the establishment of that edfz, contractual arrangements between hong kong and china designate that zone as a training centre for race horses of hong kong. hong kong requested to include the edfz in the existing list of third countries, or part of the territory of third countries, where registered horses may have been resident during their mandatory residence on holdings under veterinary supervision during the 40 days prior to dispatch to the european union. following the evaluation of the necessary guarantees, the part of the territory of china described as cn-1 in the list of third countries and parts thereof in annex i to decision 2004/211/ec should be included in the list of third countries in the third indent of point iii(d) of the model of health certificate in annex ii(c) to decision 92/260/eec. (5) decision 92/260/eec should be amended accordingly. (6) commission decision 93/195/eec (5) provides models of health certificates for the re-entry of registered horses into the union after temporary export to participate in racing, competition and cultural events. the model health certificate in annex x to that decision is to be used for the re-entry of registered horses participating in equestrian events of the lg global champions tour in the metropolitan area of mexico city, mexico, and in miami, united states of america, which take place under the auspices of the f d ration equestre internationale (fei). (7) in order to host an equestrian event of the lg global champions tour, also carried out under the auspices of the f d ration equestre internationale, the purpose built temporary venue in the metropolitan area of shanghai has been temporarily recognised as an equine disease-free zone for a period of 30 days in accordance with commission implementing decisions 2014/127/eu (6), (eu) 2015/557 (7), (eu) 2016/361 (8) and (eu) 2017/99 (9). after the construction of permanent facilities, the competent chinese authorities have requested that region cn-2 be recognised permanently as an equine disease-free zone for the purpose of the lg global champions tour. (8) in light of the guarantees and information provided by the chinese authorities and in order to provide for the re-entry in accordance with the requirements of decision 93/195/eec of registered horses into the union after temporary export to a specific part of the territory of china for a particular event, article 1 of decision 93/195/eec and annex x thereto should be amended to allow the re-entry after temporary export of registered horses from the lg global champions tour event in shanghai, china. (9) decision 93/195/eec should therefore be amended accordingly. (10) decision 2004/211/ec establishes a list of third countries, or parts thereof where regionalisation applies, from which member states are to authorise the importation of equidae and semen, ova and embryos thereof, and indicates the other conditions applicable to such imports. that list is set out in annex i to decision 2004/211/ec. (11) in order to recognise the region cn-2 referred to in the table in annex i to decision 2004/211/ec permanently for the purposes of the re-entry of registered horses having participated in the lg global champions tour event in shanghai, the time period indicated in column 15 of that table in respect of the region cn-2 should be replaced by a reference to the animal health certificate to be used for the re-entry into the union of registered horses having participated in this event. (12) the equestrian events of the lg global champions tour take place annually in spring time in the metropolitan area of mexico city, mexico, and in miami, united states of america. (13) as the metropolitan area of mexico city is a region of high altitude with a reduced risk of vector born transmission of vesicular stomatitis or certain subtypes of venezuelan equine encephalomyelitis, and as it is a region in which venezuelan equine encephalomyelitis has not been reported for more than two years, the re-entry into the union of registered horses for competition after temporary export for a period of not more than 30 days to participate in the lg global champions tour in the metropolitan area of mexico city has been authorised by commission implementing decisions (eu) 2015/2301 (10) and (eu) 2017/99. (14) in order to allow the re-entry of registered horses having participated in the annually recurrent lg global champions tour event in the metropolitan area of mexico city, the time period indicated in column 15 of the table in annex i to decision 2004/211/ec in respect of the region mx-1 should be replaced by a reference to the animal health certificate to be used for the re-entry into the union of registered horses having participated in this event. (15) on 15 december 2017, turkey notified through the animal disease notification system a case of glanders (burgholderia mallei), which was confirmed on 13 october 2017 in a horse on the b y kada island, province of istanbul, turkey. pending the completion of the investigations into the origin and possible spread of the disease, the entry into the union of equidae and of germinal products of equidae from turkey should be suspended. (16) decision 2004/211/ec should therefore be amended accordingly. (17) 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(c) of decision 92/260/eec is amended in accordance with annex i to this decision. article 2 decision 93/195/eec is amended as follows: (1) in article 1, the tenth indent is replaced by the following: have taken part in the equestrian events of the lg global champions tour in shanghai, china, the metropolitan area of mexico city, mexico, or miami, united states of america, and meet the requirements laid down in a health certificate drawn up in accordance with the model health certificate set out in annex x to this decision; (2) annex x is replaced by the text in annex ii to this decision. article 3 annex i to decision 2004/211/ec is amended in accordance with annex iii to this decision. article 4 this decision is addressed to the member states. done at brussels, 13 february 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 268, 14.9.1992, p. 54. (2) oj l 192, 23.7.2010, p. 1. (3) commission decision 92/260/eec of 10 april 1992 on animal health conditions and veterinary certification for temporary admission of registered horses (oj l 130, 15.5.1992, p. 67). (4) commission decision 2004/211/ec of 6 january 2004 establishing the list of third countries and parts of territory thereof from which member states authorise imports of live equidae and semen, ova and embryos of the equine species, and amending decisions 93/195/eec and 94/63/ec (oj l 73, 11.3.2004, p. 1). (5) commission decision 93/195/eec of 2 february 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export (oj l 86, 6.4.1993, p. 1). (6) commission implementing decision 2014/127/eu of 7 march 2014 amending annex i to decision 2004/211/ec as regards the entry for china in the list of third countries and parts thereof from which imports into the union of live equidae and semen, ova and embryos of the equine species are authorised (oj l 70, 11.3.2014, p. 28). (7) commission implementing decision (eu) 2015/557 of 31 march 2015 amending annex i to decision 2004/211/ec as regards the entry for china in the list of third countries and parts thereof from which imports into the union of live equidae and semen, ova and embryos of the equine species are authorised (oj l 92, 8.4.2015, p. 107). (8) commission implementing decision (eu) 2016/361 of 10 march 2016 amending annex i to decision 2004/211/ec as regards the entry for china in the list of third countries and parts thereof from which imports into the union of live equidae and semen, ova and embryos of the equine species are authorised (oj l 67, 12.3.2016, p. 57). (9) commission implementing decision (eu) 2017/99 of 18 january 2017 amending decision 93/195/eec as regards animal health and veterinary certification conditions for the re-entry of registered horses for racing, competition and cultural events after temporary export to mexico and the united states of america, and amending annex i to decision 2004/211/ec as regards the entries for china and mexico in the list of third countries and parts thereof from which imports into the union of live equidae and semen, ova and embryos of the equine species are authorised (oj l 16, 20.1.2017, p. 44). (10) commission implementing decision (eu) 2015/2301 of 8 december 2015 amending decision 93/195/eec as regards animal health and veterinary certification conditions for the re-entry of registered horses for racing, competition and cultural events after temporary export to mexico and the united states of america, and amending annex i to decision 2004/211/ec as regards the entry for mexico in the list of third countries and parts thereof from which imports into the union of live equidae and semen, ova and embryos of the equine species are authorised (oj l 324, 10.12.2015, p. 38). annex i in annex ii(c) to decision 92/260/eec, the third indent of point iii(d) is replaced by the following: (3) united arab emirates, australia, belarus, canada, switzerland, china (1), greenland, hong kong, iceland, japan, republic of korea, montenegro, the former yugoslav republic of macedonia, macao, malaysia (peninsula), norway, new zealand, serbia, russia (1), singapore, thailand, ukraine, united states of america, annex ii annex x text of image health certificate for re-entry into the union of registered horses after temporary export to china, mexico or the united states of america for not more than 30 days to participate in competitions in shanghai, the metropolitan area of mexico city or miami certificate no: specific event: participation in the lg global champions tour in shanghai, china, the metropolitan area of mexico city, mexico, or miami, united states of america third country of dispatch: china (3), mexico (3)/united states of america (3) responsible ministry: (insert name of ministry) i. identification of the horse (a) no of identification document: (b) validated by: (name of competent authority) ii. origin of the horse the horse is to be sent from: (place of consignment) to: (place of destination) by air: (flight number) name and address of consignor: name and address of consignee: iii. health information i, the undersigned, certify that the horse described above meets the following requirements: (a) it comes from a third country where the following diseases are compulsorily notifiable: african horse sickness, dourine, glanders, equine encephalomyelitis (of all types including venezuelan equine encephalomyelitis), equine infectious anaemia, vesicular stomatitis, rabies, anthrax; (b) it has been examined today and shows no clinical signs of disease (1); text of image (c) it is not intended for slaughter under a national programme of infectious or contagious disease eradication; (d) since its entry into the third country or, in the case of official regionalisation according to union legislation, a part of the territory of the third country (2), it has been resident on holdings under veterinary supervision, accommodated in separated stables without coming into contact with equidae of a lower health status except during competition; (e) it comes from the territory or, in the case of official regionalisation according to union legislation, from a part of a third country in which: (i) venezuelan equine encephalomyelitis has not occurred during the last two years; (ii) dourine has not occurred during the last six months; (iii) glanders has not occurred during the last six months; (f) it does not come from the territory or from a part of the territory of a third country considered, in accordance with union legislation, as infected with african horse sickness; (g) it does not come from a holding which was subject to a prohibition order for animal health reasons nor had contact with equidae from a holding which was subject to a prohibition order for animal health reasons which laid down the following conditions: (i) if not all animals of species susceptible to one or more of the diseases referred to hereinafter were removed from the holding, the prohibition lasted for: six months in the case of equine encephalomyelitis, beginning on the date on which the equidae suffering from the disease were slaughtered or removed from the premises, a period required to carry out two coggins tests three months apart giving negative results on samples taken from the animals remaining after infected animals have been slaughtered, in the case of equine infectious anaemia, one month from the last recorded case, in the case of rabies, 15 days from the last recorded case, in the case of anthrax. (ii) if all the animals of species susceptible to the disease have been slaughtered or removed from the holding, the period of prohibition shall be 30 days, or 15 days in the case of anthrax, beginning on the day on which the premises were cleaned and disinfected following the destruction or removal of the animals. (h) it comes from a holding which: (i) either was not subject to a prohibition order for vesicular stomatitis and the animal had no contact with equidae from a holding which was subject to such a prohibition order during the past six months (3); or (ii) was free of vesicular stomatitis during the 30 days prior to dispatch and on which the animal was protected from vector insects during the 30 days prior to dispatch and where it underwent one of the following health tests carried out on a blood sample taken not earlier than 21 days after the commencement of the vector protection period: a virus neutralisation test giving a negative result at a serum dilution of 1 in 12 (3); a serological test carried out and giving a negative result in accordance with point b(2) of chapter 2.1.19 of the manual for diagnostic tests and vaccines for terrestrial animals of the world organisation for animal health (oie) (3); (i) to the best of my knowledge, it has not been in contact with equidae suffering from an infectious or contagious disease in the 15 days prior to this declaration. text of image iv. residence and quarantine information: (a) the horse entered the territory of china (3)/mexico (3)/the united states of america (3) on (4). (b) the horse (3) either [arrived in china from a member state of the european union;] (3) or [arrived in mexico (3)/the united states of america (3) from a member state of the europeanunion (3)/mexico (3)/the united states of america (3);] (c) as far as can be ascertained, the horse has not been continuously outside the european union for 30 days or more, including the date of scheduled return in accordance with this certificate, and since exit from the european union has not been outside (3) either [the part of the territory of china referred to as cn-2 in the list of countries in annex i to decision 2004/211/ec.] (3) or [the part of the territory of mexico referred to as mx-1 in the list of countries in annex i to decision 2004/211/ec, or the united states of america.] v. the horse will be sent in a vehicle cleaned and disinfected in advance with a disinfectant officially approved in the third country of dispatch and designed in a way that droppings, litter or fodder cannot escape during transportation. vi. this certificate is valid for 10 days. date place stamp and signature of the official veterinarian (1) name in block capitals and capacity. (1) the colour of the stamp and the signature must be different from that of the printing (1) this certificate must be issued on the day of loading of the animal for dispatch to the european union or on the last working day before embarkation. (2) commission decision 2004/211/ec of 6 january 2004 establishing the list of third countries and parts of territory thereof from which member states authorise imports of live equidae and semen, ova and embryos of the equine species, and amending decisions 93/195/eec and 94/63/ec (oj l 73, 11.3.2004, p. 1). (3) delete as appropriate. (4) insert date of entry [dd/mm/yyyy]. annex iii the table in annex i to decision 2004/211/ec is amended as follows: (1) in column 15 of the line corresponding to the region cn-2 of china, the words valid from 20 april to 20 may 2017 are replaced by the words only if certified in accordance with annex x to decision 93/195/eec; (2) in column 15 of the line corresponding to the region mx-1 of mexico, the words valid from 30 march to 30 april 2017 are replaced by the words only if certified in accordance with annex x to decision 93/195/eec; (3) the entry for turkey is replaced by the following: tr turkey tr-0 whole country e tr-1 provinces of ankara, edirne, istanbul, izmir, kirklareli and tekirdag e

name: commission implementing decision (eu) 2018/187 of 6 february 2018 amending annex ii to decision 2008/185/ec as regards the approval of the control programme for the eradication of aujeszky's disease for the region of emilia-romagna in italy (notified under document c(2018) 579) (text with eea relevance. ) type: decision_impl subject matter: agricultural policy; trade policy; europe; international trade; means of agricultural production; agricultural activity; regions of eu member states date published: 2018-02-08 8.2.2018 en official journal of the european union l 34/36 commission implementing decision (eu) 2018/187 of 6 february 2018 amending annex ii to decision 2008/185/ec as regards the approval of the control programme for the eradication of aujeszky's disease for the region of emilia-romagna in italy (notified under document c(2018) 579) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 64/432/eec of 26 june 1964 on animal health problems affecting intra-community trade in bovine animals and swine (1), and in particular article 9(2) thereof, whereas: (1) directive 64/432/eec lays down rules for trade within the union in porcine animals. article 9 of that directive provides that a member state which has a compulsory national control programme for aujeszky's disease for all or part of its territory may submit its programme to the commission for approval. it also provides that additional guarantees may be required for intra-union trade in porcine animals. (2) commission decision 2008/185/ec (2) lays down additional guarantees for movements of pigs between member states. those guarantees are linked to the classification of the member states according to their disease status for aujeszky's disease. annex ii to decision 2008/185/ec lists the member states or regions thereof where approved national control programmes for the eradication of aujeszky's disease are in place. (3) italy has submitted to the commission supporting documentation for the approval of its control programme for the eradication of aujeszky's disease for the region of emilia-romagna and for this region to be duly listed in annex ii to decision 2008/185/ec. following the evaluation of that supporting documentation, the region of emilia-romagna should be listed in annex ii to decision 2008/185/ec. annex ii to decision 2008/185/ec should therefore be amended accordingly. (4) decision 2008/185/ec 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 2008/185/ec 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, 6 february 2018. for the commission vytenis andriukaitis member of the commission (1) oj 121, 29.7.1964, p. 1977/64. (2) commission decision 2008/185/ec of 21 february 2008 on additional guarantees in intra-community trade of pigs relating to aujeszky's disease and criteria to provide information on this disease (oj l 59, 4.3.2008, p. 19). annex annex ii member states or regions thereof where approved national control programmes for the eradication of aujeszky's disease are in place iso code member state regions es spain all regions it italy region emilia-romagna region friuli-venezia giulia region lombardia region veneto lt lithuania all regions pl poland voivodship dolno l skie: all powiaty; voivodship kujawsko-pomorskie: all powiaty; voivodship lubelskie: all powiaty; voidodship lubuskie: all powiaty; voivodship dzkie: all powiaty; voivodship ma opolskie: all powiaty; voivodship mazowieckie: all powiaty; voivodship opolskie: all powiaty; voivodship podkarpackie: all powiaty; voivodship podlaskie the following powiaty: grajewski, kolne ski, om y ski, om a, wysokomazowiecki, zambrowski; voivodship pomorskie: all powiaty; voivodship l skie: all powiaty; voivodship witokrzyskie: all powiaty; voivodship warmi sko-mazurskie: all powiaty; voivodship wielkopolskie: all powiaty; voivodship zachodniopomorskie: all powiaty.

name: council implementing decision (cfsp) 2018/167 of 2 february 2018 implementing decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya type: decision_impl subject matter: international trade; international affairs; maritime and inland waterway transport; africa date published: 2018-02-03 3.2.2018 en official journal of the european union l 31/84 council implementing decision (cfsp) 2018/167 of 2 february 2018 implementing 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 31(2) thereof, having regard to 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 (1), and in particular article 12(1) thereof, having regard to the proposal of 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. (2) on 26 january 2018, the united nations security council committee established pursuant to united nations security council resolution 1970 (2011) renewed and amended the listing of a vessel subject to restrictive measures. (3) annex v to decision (cfsp) 2015/1333 should therefore be amended accordingly, has adopted this decision: article 1 annex v to decision (cfsp) 2015/1333 is hereby amended as set out in the annex to this decision. article 2 this decision shall enter into force on the date of its publication in the official journal of the european union. done at brussels, 2 february 2018. for the council the president e. zaharieva (1) oj l 206, 1.8.2015, p. 34. annex in section b (entities) of annex v to council decision (cfsp) 2015/1333, entry 2 is replaced by the following: 2. name: lynn s a.k.a.: na f.k.a.: na address: na listed on: 2 august 2017 (amended on 31 october 2017 and 26 january 2018) additional information imo: 8706349. listed pursuant to paragraphs 10(a) and 10(b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). pursuant to paragraph 11 of resolution 2146, this designation was renewed by the committee on 26 january 2018 (previous extension valid until 29 january 2018) and is valid until 28 april 2018, unless terminated earlier by the committee pursuant to paragraph 12 of resolution 2146. flag state: saint vincent and the grenadines. as of 6 october 2017, the vessel was located in the territorial waters of lebanon, when it set sail heading west.

name: council decision (eu) 2018/156 of 22 january 2018 on the position to be taken on behalf of the european union within the association council established by the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part, as regards supplementing annex i-a to chapter 1 of title iv of that agreement, and within the association committee in trade configuration, as regards recalculating the schedule of export duty elimination set out in annexes i-c and i-d to chapter 1 of title iv of that agreement type: decision subject matter: tariff policy; trade; european construction; europe; international trade; international affairs date published: 2018-02-01 1.2.2018 en official journal of the european union l 29/13 council decision (eu) 2018/156 of 22 january 2018 on the position to be taken on behalf of the european union within the association council established by the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part, as regards supplementing annex i-a to chapter 1 of title iv of that agreement, and within the association committee in trade configuration, as regards recalculating the schedule of export duty elimination set out in annexes i-c and i-d to chapter 1 of title iv of that agreement 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) and 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 ukraine, of the other part (1) (the agreement) entered into force on 1 september 2017. article 486(3) and (4) thereof provides for the provisional application of the agreement in part, as specified by the union. (2) article 4 of council decision 2014/668/eu (2) specifies the provisions of the agreement to be applied provisionally, including those related to the elimination of customs duties and those related to annexes i-a to i-d to chapter 1 of title iv of the agreement. the provisional application has been effective since 1 january 2016. (3) having unilaterally anticipated the implementation of the schedule of concessions set out in annex i-a to chapter 1 of title iv of the agreement by means of the autonomous trade preferences provided for under regulation (eu) no 374/2014 of the european parliament and the council (3), the union has already applied the specific modalities of implementation of the schedule (staging categories) which were agreed by the parties. (4) a clarification on the modalities of tariff dismantlement was adopted by means of regulation (eu) no 1150/2014 of the european parliament and the council (4), in the context of the amendment to the autonomous trade preferences, with a view to specifying the reduction to be applied to the base rate of customs duties for each staging category referred to in annex i to regulation (eu) no 374/2014. (5) an equivalent clarification is required to ensure that the same modalities, reflecting the joint understanding reached by the parties during negotiations, are clearly set out for the optimal implementation of the schedule of concessions. such modalities are to be applied by both parties to the agreement. (6) annex i-c to chapter 1 of title iv of the agreement, setting out the schedules of export duty elimination of ukraine, provides that the recalculation of the table is needed in order to maintain the relative preference, that is, same proportion, compared to the wto-bound export duty rates applicable for each period in case the trade-related provisions of the agreement enter into force after 15 may 2014. (7) annex i-d to chapter 1 of title iv of the agreement, setting out safeguard measures in the form of a surcharge to be applied to the export duty for specific goods, also provides that the recalculation of the table is needed in order to maintain the relative preference, that is, same proportion, compared to the wto-bound export duty rates applicable for each period in case the trade-related provisions of the agreement enter into force after 15 may 2014. (8) a technical amendment in annex i-c to chapter 1 of title iv of the agreement is required to tariff code 1207 9997 00 to reflect the correct description as per united commodities classifier (uktzed) of ukraine. (9) by decision no 3/2014 (5), the eu-ukraine association council empowered the association committee in trade configuration (the trade committee) to update or amend certain trade-related annexes, including annexes i-c and i-d to chapter 1 of title iv of the agreement. (10) the position of the union within the association council and within the trade committee configuration should therefore be based on the attached draft decisions, has adopted this decision: article 1 the position to be taken on behalf of the union within the association council as regards supplementing annex i-a to chapter 1 of title iv of the agreement and within the trade committee as regards recalculating the schedule of export duty elimination set out in annexes i-c and i-d to chapter 1 of title iv of the agreement, shall be based on the draft decisions attached to this decision. article 2 this decision shall enter into force on the date of its adoption. article 3 this decision is addressed to the commission. done at brussels, 22 january 2018. for the council the president f. mogherini (1) oj l 161, 29.5.2014, p. 3. (2) council decision 2014/668/eu of 23 june 2014 on the signing, on behalf of the european union, and provisional application of the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part, as regards title iii (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other party) and titles iv, v, vi and vii thereof, as well as the related annexes and protocols (oj l 278, 20.9.2014, p. 1). (3) regulation (eu) no 374/2014 of the european parliament and of the council of 16 april 2014 on the reduction or elimination of customs duties on goods originating in ukraine (oj l 118, 22.4.2014, p. 1). (4) regulation (eu) no 1150/2014 of the european parliament and the council of 29 october 2014 amending regulation (eu) no 374/2014 on the reduction or elimination of customs duties on goods originating in ukraine (oj l 313, 31.10.2014, p. 1). (5) decision no 3/2014 of the eu-ukraine association council of 15 december 2014 on the delegation of certain powers by the association council to the association committee in trade configuration (oj l 158, 24.6.2015, p. 4). draft decision no /2018 of the eu-ukraine association council of 2018 supplementing annex i-a to chapter 1 of title iv of the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part the eu-ukraine association council, 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 ukraine, of the other part (1), signed in brussels on 27 june 2014, whereas: (1) in accordance with article 486 of the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part (the agreement), parts of the agreement, including provisions on the elimination of customs duties, and related annex i-a to chapter 1 of title iv of the agreement is applied provisionally as of 1 january 2016. (2) regulation (eu) no 374/2014 of the european parliament and of the council (2) unilaterally established a preferential arrangement which allowed for the reduction or the elimination of customs duties on goods originating in ukraine in accordance with annex i to that regulation. (3) such preferential arrangement corresponded to the tariff concessions which would be applied in the course of the first year of implementation of the agreement in accordance with annex i-a to chapter 1 of title iv of the agreement. (4) regulation (eu) no 1150/2014 of the european parliament and of the council (3), inter alia introduced a clarification on the specific reduction to be applied to the base rate of customs duties for each staging category referred to in annex i to that regulation. (5) in the interest of clarity of the agreement an equivalent clarification is required to specify the reduction to be applied to the base rate of customs duties for all subsequent years for each staging category referred to in annex i-a to chapter 1 of title iv of the agreement. such modalities of tariff dismantlement correspond to the mutual understanding reached with ukraine during the negotiation, and will be applied by both parties to the agreement. (6) article 463(2) of the agreement provides that the association council is a forum for exchange of information on implementation and enforcement measures. (7) article 463(3) of the agreement provides that the association council may update or amend the annexes to the agreement. (8) it is therefore appropriate for the eu-ukraine association council to adopt a decision supplementing annex i-a to chapter 1 of title iv of the agreement, has adopted this decision: article 1 a new appendix c is added to annex i-a to chapter 1 of title iv of the agreement, as set out in the annex to this decision to clarify the implementation of the reduction to the base rate of customs duties to be applied for all subsequent years for each staging category referred to in annex i-a to chapter 1 of title iv of the agreement. article 2 this decision shall enter into force on the date of its adoption. done at , for the association council the chair (1) oj l 161, 29.5.2014, p. 3. (2) regulation (eu) no 374/2014 of the european parliament and of the council of 16 april 2014 on the reduction or elimination of customs duties on goods originating in ukraine (oj l 118, 22.4.2014, p. 1). (3) regulation (eu) no 1150/2014 of the european parliament and the council of 29 october 2014 amending regulation (eu) no 374/2014 on the reduction or elimination of customs duties on goods originating in ukraine (oj l 313, 31.10.2014, p. 1). annex appendix c to annex i-a to chapter 1 of title iv of the agreement elimination of customs duties tariff elimination schedules of the parties for goods originating in other party this appendix clarifies the reduction to the base rate of customs duties to be applied for each staging category. 1. except as otherwise provided in the tariff elimination schedules of parties included in annex i-a to chapter 1 of title iv of the agreement (hereinafter referred to as the schedules), the following clarifications apply to the elimination of customs duties by parties pursuant to article 29 (elimination of customs duties on imports) of title iv (trade and trade-related matters) of the agreement: (a) customs duties on goods originating in ukraine or eu (hereinafter referred to as originating goods) provided for in the tariff lines in staging category 0 in the schedules shall be eliminated entirely and such goods shall be free of any customs duty on the date this agreement enters into force; (b) customs duties on originating goods provided for in the tariff lines in staging category 1 in the schedules shall be removed in two equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be free of any customs duty; (c) customs duties on originating goods provided for in the tariff lines in staging category 2 in the schedules shall be removed in three equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be free of any customs duty; (d) customs duties on originating goods provided for in the tariff lines in staging category 3 in the schedules shall be removed in four equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be free of any customs duty; (e) customs duties on originating goods provided for in the tariff lines in staging category 5 in the schedules shall be removed in six equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be free of any customs duty; (f) customs duties on originating goods provided for in the tariff lines in staging category 7 in the schedules shall be removed in eight equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be free of any customs duty; (g) customs duties on originating goods provided for in the tariff lines in staging category 10 in the schedules shall be removed in eleven equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be free of any customs duty; (h) customs duties on originating goods provided for in tariff lines marked with 20 % in 5 years in the schedules shall be reduced by 20 % in six equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 20 %; (i) customs duties on originating goods provided for in tariff lines marked with 20 % in 10 years in the schedules shall be reduced by 20 % in eleven equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 20 %; (j) customs duties on originating goods provided for in tariff lines marked with 30 % in 5 years in the schedules shall be reduced by 30 % in six equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 30 %; (k) customs duties on originating goods provided for in tariff lines marked with 50 % in 5 years in the schedules shall be reduced by 50 % in six equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 50 %; (l) customs duties on originating goods provided for in tariff lines marked with 50 % in 7 years in the schedules shall be reduced by 50 % in eight equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 50 %; (m) customs duties on originating goods provided for in tariff lines marked with 50 % in 10 years in the schedules shall be reduced by 50 % in eleven equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 50 %; (n) customs duties on originating goods provided for in tariff lines marked with 60 % in 5 years in the schedules shall be reduced by 60 % in six equal stages beginning on the date this agreement enters into force, and such goods shall thereafter be subject to a customs duty equivalent to the base rate reduced by 60 %; (o) customs duties on originating goods provided for in the tariff lines in staging category ad valorem free (entry price (1)) in the schedules, shall be eliminated on the date this agreement enters into force; the liberalisation concerns the ad valorem duty only; the specific duty linked to the entry price system applicable for these originating goods shall be maintained. 2. the base rate and staging category to determine the rate of customs duty applicable at each stage of reduction for a tariff line are indicated in the corresponding tariff line in the schedule. 3. for the purposes of the elimination of customs duties, the rate of customs duties applied in each stage shall be rounded down at least to the nearest tenth of a percentage point or, if the rate of customs duty is expressed in monetary units, at least to the nearest tenth of the official monetary unit of the party. 4. for the purposes of this appendix, the first reduction shall take place on the entry into force of this agreement, and each successive reduction shall take effect on 1 january of the relevant year. 5. if the entry into force of this agreement corresponds to a date after 1 january and before 31 december of the same year, the in-quota quantity will be pro-rated on a proportional basis for the remainder of the calendar year. (1) see annex 2 to annex i to council regulation (eec) no 2658/87 of 23 july 1987 on the tariff and statistical nomenclature and on the common customs tariff (oj l 256, 7.9.1987, p. 1). draft decision no /2018 of the eu-ukraine association committee in trade configuration of 2018 on recalculating the schedule of export duty elimination set out in annexes i-c and i-d to chapter 1 of title iv of the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part 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 ukraine, of the other part (1), signed in brussels on 27 june 2014, whereas: (1) in accordance with article 486 of the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part (the agreement), parts of the agreement, including provisions on the elimination of customs duties, and related annexes i-c to i-d to chapter 1 of title iv of the agreement are applied provisionally as of 1 january 2016. (2) annex i-c to chapter 1 of title iv of the agreement, setting out the schedules of export duty elimination of ukraine, establishes that a recalculation of the table is needed in order to maintain the relative preference, that is, same proportion, compared to the wto-bound export duty rates applicable for each period in case the trade-related provisions of the agreement enter into force after 15 may 2014. (3) annex i-d to chapter 1 of title iv of the agreement, setting out safeguard measures in the form of a surcharge to be applied to the export duty for specific goods, also establishes that the recalculation of the table is needed in order to maintain the relative preference, that is, same proportion, compared to the wto-bound export duty rates applicable for each period in case the trade-related provisions of the agreement enter into force after 15 may 2014. (4) a technical amendment in annex i-c to chapter 1 of title iv of the agreement is required to tariff code 1207 99 97 00 to reflect the correct description as per united commodities classifier (uktzed) of ukraine. (5) article 463(3) of the agreement provides that the association council may update or amend the annexes to the agreement. (6) article 465(2) of the agreement specifies that the association council may delegate any of its powers, including the power to take binding decisions, to the association committee. under article 465(4) of the agreement, that committee is to meet in a specific configuration to address all issues related to the title iv (trade and trade related matters) of the agreement. (7) the eu-ukraine association council empowered the association committee in trade configuration (the trade committee) by decision no 3/2014 (2) to update or amend certain trade-related annexes, including annexes i-c and i-d to chapter 1 of title iv of the agreement. (8) it is therefore appropriate for the trade committee to adopt a decision recalculating the schedule of export duty elimination set out in annexes i-c and i-d to chapter 1 of title iv of the agreement, has adopted this decision: article 1 annex i-c to chapter 1 of title iv of the agreement between the european union and the european atomic energy community and their member states of the one part, and ukraine, of the other part, is hereby replaced by the text set out in annex i to this decision. article 2 annex i-d to chapter 1 of title iv of the agreement between the european union and the european atomic energy community and their member states of the one part, and ukraine, of the other part, is hereby replaced by the text set out in annex ii to this decision. article 3 this decision shall enter into force on the date of its adoption. done at , for the association committee in trade configuration the chair (1) oj l 161, 29.5.2014, p. 3. (2) decision no 3/2014 of the eu-ukraine association council of 15 december 2014 on the delegation of certain powers by the association council to the association committee in trade configuration (oj l 158, 24.6.2015, p. 4). annex i annex i-c to chapter 1 of title iv of the agreement schedules of export duty elimination duties expressed in % unless otherwise specified. livestock and hide raw materials hs code description eif (2016 (1)) eif+1 (2017) eif+2 (2018) eif+3 (2019) eif+4 (2020) eif+5 (2021) eif+6 (2022) eif+7 (2023) eif+8 (2024) eif+9 (2025) eif+10 (2026) safeguard measures live bovine animals of domestic species, except pure-bred breeding animals: 0102 90 05 00 domestic species of a weight not exceeding 80 kg 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 21 00 domestic species of a weight exceeding 80 kg but not exceeding 160 kg for slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 29 00 domestic species of a weight exceeding 80 kg but not exceeding 160 kg not slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 41 00 domestic species of a weight exceeding 160 kg but not exceeding 300 kg for slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 49 00 domestic species of a weight exceeding 160 kg but not exceeding 300 kg not slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 51 00 heifers (female bovines that have never calved) of a weight exceeding 300 kg for slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 59 00 heifers (female bovines that have never calved) of a weight exceeding 300 kg not slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 61 00 cows of a weight exceeding 300 kg for slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 69 00 cows of a weight exceeding 300 kg not slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 71 00 domestic species except heifers and cows of a weight exceeding 300 kg for slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 79 00 domestic species except heifers and cows of a weight exceeding 300 kg not slaughter 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0102 90 90 00 not domestic bovines 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 live sheep: 0104 10 10 00 pure-bred breeding animals 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0104 10 30 00 lambs (up to a year old) 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 0104 10 80 00 other live sheep except pure-bred breeding animals and lambs (up to a year old) 8,0 7,2 6,4 5,6 4,8 4,0 3,2 2,4 1,6 0,8 0,0 4101 raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split 11 9,84 8,70 7,95 7,14 6,25 5,0 3,75 2,5 1,25 0,0 see annex i-d 4102 raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not with wool on or split, other than those excluded by note 1(c) to this chapter 11 9,84 8,70 7,95 7,14 6,25 5,0 3,75 2,5 1,25 0,0 see annex i-d 4103 90 other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split, other than those excluded by note 1(b) or 1(c) to this chapter except of reptiles and swine 11 9,84 8,70 7,95 7,14 6,25 5,0 3,75 2,5 1,25 0,0 see annex i-d seeds of some types of oil-yielding crops hs code description eif (2016) eif+1 (2017) eif+2 (2018) eif+3 (2019) eif+4 (2020) eif+5 (2021) eif+6 (2022) eif+7 (2023) eif+8 (2024) eif+9 (2025) eif+10 (2026) safeguard measures 1204 00 linseed, whether or not broken 9,1 8,2 7,3 6,4 5,5 4,5 3,6 2,7 1,8 0,9 0,0 1206 00 sunflower seeds, whether or not broken 9,1 8,2 7,3 6,4 5,5 4,5 3,6 2,7 1,8 0,9 0,0 see annex i-d 1207 99 97 00 false flax seeds (camelina spp.) 9,1 8,2 7,3 6,4 5,5 4,5 3,6 2,7 1,8 0,9 0,0 alloyed ferrous metal scrap, nonferrous metal scrap and semi-manufactured goods of them hs code description eif (2016) eif+1 (2017) eif+2 (2018) eif+3 (2019) eif+4 (2020) eif+5 (2021) eif+6 (2022) eif+7 (2023) eif+8 (2024) eif+9 (2025) eif+10 (2026) safeguard measures 7202 99 80 00 ferrochrome nickel and other ferroalloys 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 7204 21 waste and scrap of stainless steel 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7204 29 00 00 waste and scrap of alloyed steel, other 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7204 50 00 00 waste in ingots (charge ingots) for remelt, of alloyed steel 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7218 10 00 00 stainless steel in form of ingots and in other primary forms 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7401 00 00 00 copper mattes; cement copper (precipitated copper) 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7402 00 00 00 unrefined copper; copper anodes for electrolytic refining 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7403 12 00 00 cast bars for manufacture of wire (wire bars) of refined copper 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7403 13 00 00 refined copper billets 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7403 19 00 00 refined copper, other 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7403 21 00 00 copper-zinc base alloys (brass) 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7403 22 00 00 copper-tin base alloys (bronze) 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7403 29 00 00 other copper alloys (other than master alloys of heading 7405 ); copper and nickel alloys (cupronickels), or copper, nickel and zinc alloys (nickel silver) 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7404 00 copper waste and scrap 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7405 00 00 00 master alloys of copper 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7406 copper powders and flakes 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7419 99 10 00 copper wire grates and meshes 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 7415 29 00 00 other copper goods without threads, except for washers (including spring washers) 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 7415 39 00 00 other copper goods with threads (except for screws, for wood, other screws, bolts and nuts) 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 7418 19 90 00 table, kitchen or other household articles and parts thereof, of copper (except for pot scourers and scouring or polishing pads, gloves and the like and cooking or heating apparatus of a kind used for domestic purposes, non-electric, and parts thereof) 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7419 other articles of copper 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7503 00 nickel waste and scrap 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7602 00 aluminium waste and scrap 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7802 00 00 00 lead waste and scrap 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 7902 00 00 00 zinc waste and scrap 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 8002 00 00 00 tin waste and scrap 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 8101 97 00 00 tungsten waste and scrap 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 8105 30 00 00 waste and scrap of cobalt and of articles thereof 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 8108 30 00 00 waste and scrap of titanium and of articles thereof 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 1,0 0,0 see annex i-d 8113 00 40 00 waste and scrap of cermets and of articles thereof 13,64 10,0 9,0 8,0 7,0 6,0 5,0 4,0 3,0 2,0 0,0 waste products and scrap of ferrous metals hs code description eif (2016) eif+1 (2017) eif+2 (2018) eif+3 (2019) eif+4 (2020) eif+5 (2021) eif+6 (2022) eif+7 (2023) eif+8 (2024) eif+9 (2025) eif+10 (2026) safeguard measures 7204 10 00 00 waste and scrap of cast iron 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 30 00 00 waste and scrap of tinned iron or steel 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 41 10 00 turnings, shavings, chips, milling waste, sawdust and filings 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 41 91 00 trimmings and stampings in bundles 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 41 99 00 trimmings and stampings in not bundles 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 49 10 00 waste and scrap ferrous metals, fragmentised (shredded) 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 49 30 00 waste and scrap ferrous metals in bundles 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 49 90 00 waste and scrap ferrous metals sorted and non-sorted 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 7204 50 00 00 waste in bars (charge bars) for melting ferrous metals except alloyed steel 9,5 euro per tonne 9,5 euro per tonne 7,5 euro per tonne 7,5 euro per tonne 5 euro per tonne 5 euro per tonne 3 euro per tonne 3 euro per tonne 0,0 0,0 0,0 (1) hereinafter, 2016 is shown for informative purpose and exclusively to indicate the moment of entry into force of the agreement and conformity of the data in the table with agreed level of export duties. annex ii annex i-d to chapter 1 of title iv of the agreement safeguard measures for export duties 1. during the 15 years following the eif of the agreement, ukraine may apply a safeguard measure in the form of a surcharge to the export duty on the goods listed in annex i-d to chapter 1 of title iv of the agreement, consistent with paragraphs 1 to 11, if during any 1-year period following the eif the cumulative volume of exports from ukraine to eu under each listed ukrainian customs code exceeds a trigger level, as set out in its schedule included in annex i-d to chapter 1 of title iv of the agreement. 2. the surcharge ukraine may apply under paragraph 1 shall be set according to its schedule included in annex i-d to chapter 1 of title iv of the agreement and can only be applied for the remainder of the period as defined in paragraph 1. 3. ukraine shall apply any safeguard measure in a transparent manner. for this purpose, ukraine shall as soon as possible provide written notification to the eu of its intention to apply such a measure and provide all the pertinent information including the volume (in tonnes) of domestic production or collection of materials, and the volume of exports to the union and to the world. ukraine shall invite the union for consultations as far in advance of taking such measure as practicable in order to discuss this information. no measure shall be taken within 30 working days after the invitation for consultations. 4. ukraine shall ensure that the statistics that are used as evidence for such measures are reliable, adequate and publicly accessible in a timely manner. ukraine shall provide without delay quarterly statistics on volumes (in tonnes) of exports to the union and to the world. 5. the implementation and operation of article 31 of this agreement and related annexes may be the subject of discussion and review in the trade committee referred to in article 465 of this agreement. 6. any supplies of the goods in question which were en route on the basis of a contract made before the surcharge is imposed under paragraphs 1, 2 and 3, shall be exempted from any such surcharge. 7. this annex sets out: those originating goods that may be subject to safeguard measures under article 31 of this agreement, the trigger levels for applying such measures defined for each of the ukrainian customs code quoted, and the maximum surcharge to export duty that may be applied each 1-year period for each such good in addition to export duty. all duties are expressed in % unless otherwise specified; eif refers to the 12-month period following the date of entry into force of the agreement; eif+1 refers to the 12-month period beginning on the first anniversary of entry into force of the agreement; and so on until eif+15. 8. for the hide raw materials as covered below: coverage: the hide raw materials falling within the following ukrainian customs codes: 4101, 4102, 4103 90. year (wto) 2016 (1) 2017 2018 2019 2020 2021 ukraine wto commitment 22,0 21,0 20,0 20,0 20,0 20,0 year (agreement) eif eif+1 eif+2 eif+3 eif+4 eif+5 ukraine export duty to eu 11,00 9,84 8,70 7,95 7,14 6,25 trigger level (tonne) 300,0 315,0 330,0 345,0 360,0 375,0 maximum surcharge 0,00 0,66 1,30 2,05 2,86 3,75 year (wto) 2022 2023 2024 2025 2026 ukraine wto commitment 20,0 20,0 20,0 20,0 20,0 year (agreement) eif+6 eif+7 eif+8 eif+9 eif+10 ukraine export duty to eu 5,0 3,75 2,50 1,25 0,0 trigger level (tonne) 390,0 405,0 420,0 435,0 450,0 maximum surcharge 5,0 6,25 7,5 8,75 10,0 year (wto) 2027 2028 2029 2030 2031 ukraine wto commitment 20,0 20,0 20,0 20,0 20,0 year (agreement) eif+11 eif+12 eif+13 eif+14 eif+15 ukraine export duty to eu 0,0 0,0 0,0 0,0 0,0 trigger level (tonne) 450,0 450,0 450,0 450,0 450,0 maximum surcharge 8,0 6,0 4,0 2,0 0,0 9. for the sunflower seeds, whether or not broken as covered below: coverage: the sunflower seeds, whether or not broken falling within the following ukrainian customs codes: 1206 00. year (wto) 2016 2017 2018 2019 2020 2021 ukraine wto commitment 11,0 10,0 10,0 10,0 10,0 10,0 year (agreement) eif eif+1 eif+2 eif+3 eif+4 eif+5 ukraine export duty to eu 9,1 8,2 7,3 6,4 5,5 4,5 trigger level (tonne) 100 000,0 100 000,0 100 000,0 100 000,0 100 000,0 100 000,0 maximum surcharge 0,9 1,8 2,7 3,6 4,5 5,5 year (wto) 2022 2023 2024 2025 2026 ukraine wto commitment 10,0 10,0 10,0 10,0 10,0 year (agreement) eif+6 eif+7 eif+8 eif+9 eif+10 ukraine export duty to eu 3,6 2,7 1,8 0,9 0,0 trigger level (tonne) 100 000,0 100 000,0 100 000,0 100 000,0 100 000,0 maximum surcharge 6,4 7,3 8,2 9,1 10,0 year (wto) 2027 2028 2029 2030 2031 ukraine wto commitment 10,0 10,0 10,0 10,0 10,0 year (agreement) eif+11 eif+12 eif+13 eif+14 eif+15 ukraine export duty to eu 0,0 0,0 0,0 0,0 0,0 trigger level (tonne) 100 000,0 100 000,0 100 000,0 100 000,0 100 000,0 maximum surcharge 8,0 6,0 4,0 2,0 0,0 10. for the alloyed ferrous metal scrap, nonferrous metal scrap and semi-manufactured goods of them as covered below: coverage: the waste and scrap of alloyed steel falling within the following ukrainian customs codes: 7204 21, 7204 29 00 00, 7204 50 00 00. year (wto) 2016 2017 2018 2019 2020 2021 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 15,0 year (agreement) eif eif+1 eif+2 eif+3 eif+4 eif+5 ukraine export duty to eu 10,0 9,0 8,0 7,0 6,0 5,0 trigger level (tonne) 4 000,0 4 200,0 4 400,0 4 600,0 4 800,0 5 000,0 maximum surcharge 0,0 1,0 2,0 3,0 4,0 5,0 year (wto) 2022 2023 2024 2025 2026 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 year (agreement) eif+6 eif+7 eif+8 eif+9 eif+10 ukraine export duty to eu 4,0 3,0 2,0 1,0 0,0 trigger level (tonne) 5 200,0 5 400,0 5 600,0 5 800,0 6 000,0 maximum surcharge 6,0 7,0 8,0 9,0 10,0 year (wto) 2027 2028 2029 2030 2031 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 year (agreement) eif+11 eif+12 eif+13 eif+14 eif+15 ukraine export duty to eu 0,0 0,0 0,0 0,0 0,0 trigger level (tonne) 6 000,0 6 000,0 6 000,0 6 000,0 6 000,0 maximum surcharge 8,0 6,0 4,0 2,0 0,0 coverage: the stainless steel in form of ingots and in other primary forms falling within the following ukrainian customs codes: 7218 10 00 00. year (wto) 2016 2017 2018 2019 2020 2021 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 15,0 year (agreement) eif eif+1 eif+2 eif+3 eif+4 eif+5 ukraine export duty to eu 10,0 9,0 8,0 7,0 6,0 5,0 trigger level (tonne) 2 000,0 2 100,0 2 200,0 2 300,0 2 400,0 2 500,0 maximum surcharge 0,0 1,0 2,0 3,0 4,0 5,0 year (wto) 2022 2023 2024 2025 2026 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 year (agreement) eif+6 eif+7 eif+8 eif+9 eif+10 ukraine export duty to eu 4,0 3,0 2,0 1,0 0,0 trigger level (tonne) 2 600,0 2 700,0 2 800,0 2 900,0 3 000,0 maximum surcharge 6,0 7,0 8,0 9,0 10,0 year (wto) 2027 2028 2029 2030 2031 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 year (agreement) eif+11 eif+12 eif+13 eif+14 eif+15 ukraine export duty to eu 0,0 0,0 0,0 0,0 0,0 trigger level (tonne) 3 000,0 3 000,0 3 000,0 3 000,0 3 000,0 maximum surcharge 8,0 6,0 4,0 2,0 0,0 coverage: the copper falling within the following ukrainian customs codes: 7401 00 00 00, 7402 00 00 00, 7403 12 00 00, 7403 13 00 00, 7403 19 00 00. year (wto) 2016 2017 2018 2019 2020 2021 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 15,0 year (agreement) eif eif+1 eif+2 eif+3 eif+4 eif+5 ukraine export duty to eu 10,0 9,0 8,0 7,0 6,0 5,0 trigger level (tonne) 200,0 210,0 220,0 230,0 240,0 250,0 maximum surcharge 0,0 1,0 2,0 3,0 4,0 5,0 year (wto) 2022 2023 2024 2025 2026 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 year (agreement) eif+6 eif+7 eif+8 eif+9 eif+10 ukraine export duty to eu 4,0 3,0 2,0 1,0 0,0 trigger level (tonne) 260,0 270,0 280,0 290,0 300,0 maximum surcharge 6,0 7,0 8,0 9,0 10,0 year (wto) 2027 2028 2029 2030 2031 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 year (agreement) eif+11 eif+12 eif+13 eif+14 eif+15 ukraine export duty to eu 0,0 0,0 0,0 0,0 0,0 trigger level (tonne) 300,0 300,0 300,0 300,0 300,0 maximum surcharge 8,0 6,0 4,0 2,0 0,0 coverage: the copper falling within the following ukrainian customs codes: 7403 21 00 00, 7403 22 00 00, 7403 29 00 00. year (wto) 2016 2017 2018 2019 2020 2021 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 15,0 year (fta) eif eif+1 eif+2 eif+3 eif+4 eif+5 ukraine export duty to eu 10,0 9,0 8,0 7,0 6,0 5,0 trigger level (tonne) 4 000,0 4 200,0 4 400,0 4 600,0 4 800,0 5 000,0 maximum surcharge 0,0 1,0 2,0 3,0 4,0 5,0 year (wto) 2022 2023 2024 2025 2026 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 year (agreement) eif+6 eif+7 eif+8 eif+9 eif+10 ukraine export duty to eu 4,0 3,0 2,0 1,0 0,0 trigger level (tonne) 5 200,0 5 400,0 5 600,0 5 800,0 6 000,0 maximum surcharge 6,0 7,0 8,0 9,0 10,0 year (wto) 2027 2028 2029 2030 2031 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 year (agreement) eif+11 eif+12 eif+13 eif+14 eif+15 ukraine export duty to eu 0,0 0,0 0,0 0,0 0,0 trigger level (tonne) 6 000,0 6 000,0 6 000,0 6 000,0 6 000,0 maximum surcharge 8,0 6,0 4,0 2,0 0,0 coverage: the alloyed ferrous metal scrap, nonferrous metal scrap and semi-manufactured goods of them falling within the following ukrainian customs codes: 7404 00, 7405 00 00 00, 7406, 7418 19 90 00, 7419, 7503 00, 7602 00, 7802 00 00 00, 7902 00 00 00, 8108 30 00 00. year (wto) 2016 2017 2018 2019 2020 2021 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 15,0 year (agreement) eif eif+1 eif+2 eif+3 eif+4 eif+5 ukraine export duty to eu 10,0 9,0 8,0 7,0 6,0 5,0 trigger level (tonne) 200,0 210,0 220,0 230,0 240,0 250,0 maximum surcharge 0,0 1,0 2,0 3,0 4,0 5,0 year (wto) 2022 2023 2024 2025 2026 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 year (agreement) eif+6 eif+7 eif+8 eif+9 eif+10 ukraine export duty to eu 4,0 3,0 2,0 1,0 0,0 trigger level (tonne) 260,0 270,0 280,0 290,0 300,0 maximum surcharge 6,0 7,0 8,0 9,0 10,0 year (wto) 2027 2028 2029 2030 2031 ukraine wto commitment 15,0 15,0 15,0 15,0 15,0 year (agreement) eif+11 eif+12 eif+13 eif+14 eif+15 ukraine export duty to eu 0,0 0,0 0,0 0,0 0,0 trigger level (tonne) 300,0 300,0 300,0 300,0 300,0 maximum surcharge 8,0 6,0 4,0 2,0 0,0 11. for the 5 years following the end of the transitional period, i.e. between eif+10 and eif+15, the safeguard mechanism will continue to be available. the maximum surcharge value will decrease linearly from its value specified at eif +10 to 0 at eif +15. (1) hereinafter, 2016 is shown for informative purpose and exclusively to indicate the moment of entry into force of the agreement and conformity of the data in the table with agreed level of export duties.

name: council decision (eu) 2018/157 of 29 january 2018 appointing a member, proposed by the italian republic, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2018-02-01 1.2.2018 en official journal of the european union l 29/35 council decision (eu) 2018/157 of 29 january 2018 appointing a member, proposed by the italian republic, 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 o the proposal of the italian 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 11 july 2017, by council decision (eu) 2017/1334 (4), mr augusto rollandin was replaced by mr pierluigi marquis as a member. (2) a member's seat on the committee of the regions has become vacant following the end of the term of office of mr pierluigi marquis, 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: mr laurent vierin, presidente della regione autonoma valle d'aosta. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 29 january 2018. for the council the president r. porodzanov (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) 2017/1334 of 11 july 2017 appointing a member, proposed by the italian republic, of the committee of the regions (oj l 185, 18.7.2017, p. 45).

name: council decision (eu) 2018/158 of 29 january 2018 appointing a member, proposed by the republic of finland, of the committee of the regions type: decision subject matter: europe; eu institutions and european civil service date published: 2018-02-01 1.2.2018 en official journal of the european union l 29/36 council decision (eu) 2018/158 of 29 january 2018 appointing a member, proposed by the republic of finland, 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 finnish 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 antti liikkanen, 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: mr mikkel n kk l j rvi, opiskelija, rovaniemen kaupunginvaltuuston j sen. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 29 january 2018. for the council the president r. porodzanov (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: commission implementing decision (eu) 2018/142 of 15 january 2018 amending implementing decision 2014/762/eu laying down rules for the implementation of decision no 1313/2013/eu of the european parliament and of the council on a union civil protection mechanism (notified under document c(2018) 71) (text with eea relevance. ) type: decision_impl subject matter: health; politics and public safety; cooperation policy; economic geography date published: 2018-01-30 30.1.2018 en official journal of the european union l 25/40 commission implementing decision (eu) 2018/142 of 15 january 2018 amending implementing decision 2014/762/eu laying down rules for the implementation of decision no 1313/2013/eu of the european parliament and of the council on a union civil protection mechanism (notified under document c(2018) 71) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to decision no 1313/2013/eu of the european parliament and the council of 17 december 2013 on a union civil protection mechanism (1), and in particular article 32(1) thereof, whereas: (1) commission implementing decision 2014/762/eu (2) defines the capacity goals, the quality and interoperability requirements, and the registration and certification procedure of the european emergency response capacity (eerc) as well as the general requirements for civil protection modules. (2) the acute shortage of emergency medical teams and other health-related intervention teams during the ebola crisis in west africa led to the concept of a european medical corps, which describes the part of the eerc that may be mobilised for response operations in case of disease outbreaks and emergencies with health consequences. the aim is to strengthen the union's capacity as a whole to respond to disease outbreaks and emergencies with health consequences which overwhelm the coping capacities of the affected countries alone, both inside and outside the union. (3) the requirements for civil protection modules need to take acknowledged international processes into account, such as the initiative of the world health organisation to classify emergency medical teams and the guidelines established by the international search and rescue advisory group (insarag). (4) implementing decision 2014/762/eu tasks the commission, in cooperation with member states, to assess the suitability of the capacity goals, the quality and interoperability requirements as well as the certification and registration procedure for resources in the eerc at least every 2 years and to revise them if necessary. the certification process for resources should be adjusted to take into account the experience gained during the initial period. (5) implementing decision 2014/762/eu should therefore be amended accordingly, has adopted this decision: article 1 implementing decision 2014/762/eu is amended as follows: (1) in article 2, the following point (6) is added: (6) european medical corps means the part of the eerc available for response operations under the union mechanism in case of acute health emergencies. (2) in article 16, paragraph 8 is replaced by the following: 8. the certification of a module, technical assistance and support team, other response capacity, or expert should be reassessed at the latest after 5 years, if the asset is submitted for reregistration into the eerc. (3) annex ii is amended as set out in annex i to this decision. (4) annex iii is replaced by the text set out in annex ii to this decision. (5) annex v is amended as set out in annex iii to this decision. article 2 this decision is addressed to the member states. done at brussels, 15 january 2018. for the commission christos stylianides member of the commission (1) oj l 347, 20.12.2013, p. 924. (2) commission implementing decision 2014/762/eu of 16 october 2014 laying down rules for the implementation of decision no 1313/2013/eu of the european parliament and of the council on a union civil protection mechanism and repealing commission decisions 2004/277/ec, euratom and 2007/606/ec, euratom (oj l 320, 6.11.2014, p. 1.). annex i annex ii to commission implementing decision 2014/762/eu is amended as follows: (1) the following section 18 is added: 18. emergency medical team (emt) type 1 (fixed): outpatient emergency care tasks outpatient initial emergency care of injuries and other significant health care needs, including the following services: triage, assessment, first aid, stabilisation and referral of severe trauma and non-trauma emergencies, definite care for minor trauma and non-trauma emergencies. capacities daytime services for at least 100 outpatient consultations/day. main components team and staff requirements: management: staff to cover the functions of team leader, deputy team leader, liaison officer (link to reception/departure centre, on-site operations coordination centre or other coordinating mechanism as appropriate, local emergency management authority), safety & security officer, health professionals: as defined in the minimum standards of the who, logistics: one logistics team manager + logistics team in compliance with self-sufficiency requirements. the team shall comply with the classification and minimum standards for foreign medical teams in sudden onset disasters and subsequent or additional guidelines issued by the world health organisation (who). self-sufficiency the team should ensure self-sufficiency during the entire deployment time. article 12 applies and, in addition, the minimum standards of the who. deployment availability for departure in maximum 24-48 hours after the acceptance of the offer. ability to be operational for at least 14 days. (2) the following section 19 is added: 19. emergency medical team (emt) type 1 (mobile): outpatient emergency care tasks outpatient initial emergency care of injuries and other significant health care needs, including the following services: triage, assessment, first aid, stabilisation and referral of severe trauma and non-trauma emergencies, definite care for minor trauma and non-trauma emergencies. capacities daytime services for at least 50 outpatient consultations/day. main components team and staff requirements: management: staff to cover the functions of team leader, deputy team leader, liaison officer (link to reception/departure centre, on-site operations coordination centre or other coordinating mechanism as appropriate, local emergency management authority), safety & security officer, health professionals: as defined in the minimum standards of the who, logistics: one logistics team manager + logistics team in compliance with self-sufficiency requirements. the team shall comply with the classification and minimum standards for foreign medical teams in sudden onset disasters and subsequent or additional guidelines issued by the world health organisation (who). self-sufficiency the team should ensure self-sufficiency during the entire deployment time. article 12 applies and, in addition, the minimum standards of the who. deployment availability for departure in maximum 24-48 hours after the acceptance of the offer. ability to be operational for at least 14 days. (3) the following section 20 is added: 20. emergency medical team (emt) type 2: inpatient surgical emergency care tasks inpatient acute care, general and obstetric surgery for trauma and other major conditions, including the following services: intake/screening of new and referred patients, counter-referral, surgical triage and assessment, advanced life support, definitive wound and basic fracture management, damage control surgery, emergency general and obstetric surgery, inpatient care for non-trauma emergencies, basic anaesthesia, x-ray, sterilisation, laboratory and blood transfusion, rehabilitation services and patient follow-up. capacity to receive and integrate specialised care teams to work within their facility, if some of the services above cannot be provided by the team. capacities day and night services (covering 24/7 if necessary), including as a minimum: one operating theatre with one operating room; at least 20 inpatient beds per operating table, capability to treat seven major or 15 minor surgical cases per day. main components team and staff requirements: management: one team leader; one deputy team leader; one liaison officer (link to reception/departure centre, on-site operations coordination centre or other coordinating mechanism as appropriate, local emergency management authority); one safety & security officer, health professionals: as defined in the minimum standards of the world health organisation (who), logistics: one logistics team manager + logistics team for the emt and its inpatients. the team shall comply with the classification and minimum standards for foreign medical teams in sudden onset disasters and subsequent or additional guidelines issued by the who. self-sufficiency the team should ensure self-sufficiency during the entire deployment time. article 12 applies and, in addition, the minimum standards of the who. deployment availability for departure in maximum 48-72 hours after the acceptance of the offer, and ability to be operational on site within 24-96 hours. ability to be operational for at least 3 weeks outside the union, and for at least 14 days inside the union. (4) the following section 21 is added: 21. emergency medical team (emt) type 3: inpatient referral care tasks complex inpatient referral surgical care including intensive care capacity, and including the following services: capacity to provide emt type 2 services, complex reconstructive wound and orthopaedic care, enhanced x-ray, sterilisation, laboratory and blood transfusion, rehabilitation services and patient follow-up, high-level paediatric and adult anaesthesia, intensive care beds with 24 h monitoring and ability to ventilate, acceptance and referral services from emts types 1 and 2, and from the national health system. specialised services may be included, such as: burn care; dialysis and care of crush syndrome; maxillofacial surgery; orthoplastic surgery; intensive rehabilitation; maternal health; neonatal and paediatric care; transport and retrieval. capacities day and night services (covering 24/7 if necessary), including as a minimum: one operating theatre with at least two operating tables in two separate rooms within the theatre area, at least 40 inpatient beds (20 per table), and four six intensive care beds. additional operating tables will require extra 20 inpatient beds each, to ensure adequate post-operative capacity, capability to treat 15 major or 30 minor surgical cases per day. main components team and staff requirements: management: one team leader; one deputy team leader; one liaison officer (link to reception/departure centre, on-site operations coordination centre or other coordinating mechanism as appropriate, local emergency management authority); one safety & security officer, health professionals team: as defined in the minimum standards of the world health organisation (who), logistics team: one logistics team manager + logistics team for the emt and its inpatients. the team shall comply with the classification and minimum standards for foreign medical teams in sudden onset disasters and subsequent or additional guidelines issued by the who. self-sufficiency the team should ensure self-sufficiency during the entire deployment time. article 12 applies and, in addition, the minimum standards of the who. deployment availability for departure in maximum 48-72 hours after the acceptance of the offer, and ability to be operational on site within 5-7 days. ability to be operational for at least 8 weeks outside the union, and for at least 14 days inside the union. annex ii annex iii to implementing decision 2014/762/eu is amended as follows: annex iii capacity goals of the eerc modules module number of modules simultaneously available for deployment (1) hcp (high capacity pumping) 6 musar (medium urban search and rescue one for cold conditions) 6 wp (water purification) 2 fffp (aerial forest fire fighting module using planes) 2 amp (advanced medical post) 2 (2) etc (emergency temporary camp) 2 husar (heavy urban search and rescue) 2 cbrndet (cbrn detection and sampling) 2 gfff (ground forest fire fighting) 2 gfff-v (ground forest fire fighting using vehicles) 2 cbrnusar (usar in cbrn conditions) 1 amp-s (advanced medical post with surgery) 1 (2) fc (flood containment) 2 frb (flood rescue using boats) 2 mevac (medical aerial evacuation of disaster victims) 1 fhos (field hospital) 1 (2) fffh (aerial forest firefighting module using helicopters) 2 emt type 1 fixed (emergency medical team type 1: outpatient emergency care fixed) 5 emt type 1 mobile (emergency medical team type 1: outpatient emergency care mobile) 2 emt type 2 (emergency medical team type 2: inpatient surgical emergency care) 3 emt type 3 (emergency medical team type 3: inpatient referral care) 1 technical assistance and support teams technical assistance and support team number of tast simultaneously available for deployment (1) tast (technical assistance and support team) 2 other response capacities other response capacity number of other response capacities simultaneously available for deployment (1) teams for mountain search and rescue 2 teams for water search and rescue 2 teams for cave search and rescue 2 teams with specialised search and rescue equipment, e.g. search robots 2 teams with unmanned aerial vehicles 2 teams for maritime incident response 2 structural engineering teams, to carry out damage and safety assessments, appraisal of buildings to be demolished/repaired, assessment of infrastructure, short-term shoring 2 evacuation support: including teams for information management and logistics 2 firefighting: advisory/assessment teams 2 cbrn decontamination teams 2 mobile laboratories for environmental emergencies 2 communication teams or platforms to quickly re-establish communications in remote areas 2 medical evacuation jets air ambulance and medical evacuation helicopter separately for inside europe or worldwide 2 additional shelter capacity: units for 250 persons (50 tents); incl. self-sufficiency unit for the handling staff 100 additional capacity shelter-kit: units for 2 500 persons (500 tarpaulins); with toolkit possibly to be procured locally 6 water pumps with minimum capacity to pump 800 l/min 100 power generators of 5-150 kw power generators above 150 kw 100 10 marine pollution capacities as necessary emergency medical teams for specialised care 8 mobile biosafety laboratories 4 standing engineering capacity 1 other response capacities necessary to address identified risks as necessary (1) to ensure this availability, the option of registering a higher number of capacities in the eerc (e.g. in case of rotation) shall be possible. likewise, in case member states make more capacities available, a higher number may be registered in the eerc. (2) for this type of module, the option of registering a higher number of capacities in the eerc shall not be possible. the capacity goal for this type of module shall expire by 31 december 2019 at the latest. annex iii annex v to implementing decision 2014/762/eu is amended as follows: (1) the title of the annex is replaced by the following: certification and registration procedure for the eerc (2) the table at the end of the annex is replaced by the following text: certification steps 1. the certification process shall include a consultative visit, a table-top exercise, and a field exercise. the field exercise may be waived for fire-related modules, emergency temporary camps, medical aerial evacuation modules, and certain other response capacities on a case-by-case basis. 2. urban search and rescue teams (medium and heavy) are considered certified if they have undergone the insarag external classification. no separate certification process for urban search and rescue teams shall be created under the eerc. 3. emergency medical teams (types 1, 2, 3 and specialised care) are considered certified if they have undergone the verification process of the world health organisation (who). the registration and certification procedure of emergency medical teams in the eerc shall complement the who verification process.

name: council decision (eu) 2018/104 of 20 november 2017 on the signing, on behalf of the union, and provisional application of the comprehensive and enhanced partnership agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of armenia, of the other part type: decision subject matter: european construction; europe; international affairs; cooperation policy date published: 2018-01-26 26.1.2018 en official journal of the european union l 23/1 council decision (eu) 2018/104 of 20 november 2017 on the signing, on behalf of the union, and provisional application of the comprehensive and enhanced partnership agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of armenia, 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 91, article 100(2) and articles 207 and 209, in conjunction with article 218(5) and (7) and the second paragraph of article 218(8) thereof, having regard to the proposal from the european commission and the high representative of the union for foreign affairs and security policy, whereas: (1) on 29 september 2015, the council authorised the commission and the high representative of the union for foreign affairs and security policy to open negotiations with the republic of armenia on a framework agreement. (2) those negotiations have been successfully concluded, and the comprehensive and enhanced partnership agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of armenia, of the other part (the agreement) was initialled on 21 march 2017. (3) article 385 of the agreement provides for the provisional application of the agreement, in whole or in part, before its entry into force. (4) the agreement should be signed on behalf of the union and applied in part on a provisional basis, pending the completion of the procedures necessary for its entry into force. (5) the signing of the agreement on behalf of the union and the provisional application of parts of the agreement between the union and the republic of armenia is without prejudice to the allocation of competences between the union and its member states in accordance with the treaties, has adopted this decision: article 1 the signing on behalf of the union of the comprehensive and enhanced partnership agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of armenia, of the other part, 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 pending the completion of the procedures necessary for the entry into force of the agreement (1), in accordance with article 385 of the agreement and subject to the notifications provided for therein, the following parts of the agreement shall be applied on a provisional basis between the union and the republic of armenia, but only to the extent that they cover matters falling within the unions competence, including matters falling within the unions competence to define and implement a common foreign and security policy: (a) title i; (b) title ii: articles 3, 4, 7 and 8; (c) title iii: article 12, article 14(1) and article 15; (d) title v: (i) chapter 1 with the exception of point (a) of article 38(3); (ii) chapter 2 with the exception of the reference to nuclear safety in point (f) of article 42(2) and of point (g) of article 42(2); (iii) chapter 3 with the exception of points (a), (c) and (e) of article 46(1); and (iv) chapters 7, 10, 14 and 21; (e) title vi with the exception of points (b) and (c) of article 205(2); article 203 shall be applied provisionally only insofar as it concerns direct investment; (f) title vii; (g) title viii with the exception of article 380(1), to the extent that the provisions of that title are limited to the purpose of ensuring provisional application of the agreement; and (h) annex i, annex ii with the exception of the references to euratom relating to infrastructure, implementing regulations and nuclear, annexes iii, vi, viii, ix, x, xi and xii as well as protocol i to title vii financial assistance and anti-fraud and control provisions chapter 2: anti- fraud and control provisions and protocol ii on mutual administrative assistance in customs matters. article 4 1. for the purposes of article 240 of the agreement, any amendments to the agreement through decisions taken by the sub-committee on geographical indications shall be approved by the commission on behalf of the union. where interested parties cannot reach agreement after objections have been raised concerning a geographical indication, the commission shall adopt a position on the basis of the procedure laid down in article 57 of regulation (eu) no 1151/2012 of the european parliament and of the council (2). 2. for the purpose of the first sentence of article 270(2) of the agreement, the commission is authorised to approve the union position with regard to amendments to annex xi to the agreement. for the purpose of the second sentence of article 270(2) of the agreement, the commission is authorised to raise objections to a modification or rectification of annex xi proposed by the republic of armenia. article 5 the agreement shall not be construed as conferring rights or imposing obligations that can be directly invoked before union or member state courts and tribunals. article 6 this decision shall enter into force on the date of its adoption. done at brussels, 20 november 2017. for the council the president m. reps (1) the date from which the agreement will be provisionally applied will be published in the official journal of the european union by the general secretariat of the council. (2) regulation (eu) no 1151/2012 of the european parliament and of the council of 21 november 2012 on quality schemes for agricultural products and foodstuffs (oj l 343, 14.12.2012, p. 1).

name: commission implementing decision (eu) 2018/133 of 24 january 2018 amending decision 2008/911/ec shing a list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products (notified under document c(2018) 213) (text with eea relevance. ) type: decision_impl subject matter: health; agricultural activity; plant product; marketing date published: 2018-01-26 26.1.2018 en official journal of the european union l 22/36 commission implementing decision (eu) 2018/133 of 24 january 2018 amending decision 2008/911/ec shing a list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products (notified under document c(2018) 213) (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 2 february 2016 by the committee for herbal medicinal products, whereas: (1) valeriana officinalis l. can be considered as a herbal substance, a herbal preparation or a combination thereof within the meaning of directive 2001/83/ec and it complies with the requirements set out in that directive. (2) it is therefore appropriate to include valeriana officinalis l. 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). (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 annexes i and ii to decision 2008/911/ec are amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 24 january 2018. 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 decision 2008/911/ec is amended as follows: (1) in annex i, the following substance is inserted after thymus vulgaris l., thymus zygis loefl. ex l., aetheroleum: valeriana officinalis l.; (2) in annex ii, the following is inserted after the community list entry on thymus vulgaris l., thymus zygis loefl. ex l., aetheroleum: union list entry on valeriana officinalis l. scientific name of the plant valeriana officinalis l. botanical family valerianaceae common name in all eu official languages of herbal preparation bg (b lgarski): , cs ( e tina): kozl kov ko en da (dansk): baldrianrod de (deutsch): baldrianwurzel el (ellinik ): en (english): valerian root es (espa ol): valeriana, ra z de et (eesti keel): palderjanijuur fi (suomi): rohtovirmajuuri, juuri fr (fran ais): val riane (racine de) hr (hrvatska): odoljenov korijen hu (magyar): macskagy k r it (italiano): valeriana radice lt (lietuvi kalba): valerijon aknys lv (latvie u valoda): baldri na saknes mt (malti): g erq tal-valerjana nl (nederlands): valeriaanwortel pl (polski): korze koz ka pt (portugu s): valeriana, raiz ro (rom n ): r d cin de valerian sk (sloven ina): kore valeri ny sl (sloven ina): korenina zdravilne pajke sv (svenska): v nderot, rot is ( slenska): no (norsk): valerianarot herbal preparation(s) (a) comminuted herbal substance (b) powdered herbal substance (c) expressed juice from fresh root (1:0,60-0,85) (d) dry extract (der 4-6:1), extraction solvent: water (e) liquid extract (der 1:4-6), extraction solvent: water (f) dry extract (der 4-7:1), extraction solvent: methanol 45 % (v/v) (g) dry extract (der 5,3-6,6:1), extraction solvent: methanol 45 % (m/m) (h) liquid extract (der 1:7-9), extraction solvent: sweet wine (i) liquid extract (der 1:1), extraction solvent: ethanol 60 % (v/v) (j) tincture (ratio of herbal substance to extraction solvent 1:8), extraction solvent: ethanol 60 % (v/v) (k) tincture (ratio of herbal substance to extraction solvent 1:10), extraction solvent: ethanol 56 % (l) tincture (ratio of herbal substance to extraction solvent 1:5), extraction solvent: ethanol 70 % (v/v) (m) tincture (ratio of herbal substance to extraction solvent 1:5), extraction solvent: ethanol 60-80 % (v/v) (n) dry extract (der 5,5-7,4:1), extraction solvent: ethanol 85 % (m/m) european pharmacopoeia monograph reference 04:2017:0453 indications traditional herbal medicinal product for relief of mild symptoms of mental stress and to aid sleep. the product is a traditional herbal medicinal product for use in the specified indication exclusively based upon long-standing use. type of tradition european. specified strength please see specified posology. specified posology adolescents, adults and elderly oral use (a) single dose: 0,3-3 g for relief of mild symptoms of mental stress up to 3 times daily. to aid sleep, a single dose half to one hour before bedtime with an earlier dose during the evening if necessary. herbal tea: 0,3-3 g of the comminuted herbal substance in 150 ml of boiling water as a herbal infusion (b) single dose: 0,3-2,0 g for relief of mild symptoms of mental stress up to 3 times daily. to aid sleep, a single dose half to one hour before bedtime with an earlier dose during the evening if necessary. (c) single dose: 10 ml for relief of mild symptoms of mental stress up to 3 times daily. to aid sleep, a single dose half to one hour before bedtime with an earlier dose during the evening if necessary. (d) single dose: 420 mg for relief of mild symptoms of mental stress up to 3 times daily. to aid sleep, a single dose half to one hour before bedtime with an earlier dose during the evening if necessary. (e) single dose: 20 ml for relief of mild symptoms of mental stress up to 3 times daily. to aid sleep, a single dose half to one hour before bedtime. (f) single dose: 144-288 mg for relief of mild symptoms of mental stress up to 4 times daily. to aid sleep, a single dose half to one hour before bedtime with an earlier dose during the evening if necessary. (g) single dose: 450 mg for relief of mild symptoms of mental stress up to 3 times daily. to aid sleep, a single dose half to one hour before bedtime with an earlier dose during the evening if necessary. (h) single dose: 10 ml, up to 3 times daily (i) single dose: 0,3-1,0 ml, up to 3 times daily (j) single dose: 4-8 ml, up to 3 times daily (k) single dose: 0,84 ml for relief of mild symptoms of mental stress 3-5 times daily. to aid sleep, a single dose half an hour before bedtime. (l) single dose: 1,5 ml (mental stress), 3 ml (to aid sleep) for relief of mild symptoms of mental stress up to 3 times daily. to aid sleep, a single dose half an hour before bedtime. (m) single dose: 10 ml, up to 3 times daily (n) single dose: 322 mg, up to 3 times daily use as bath additive single dose: 100 g for a full bath, up to 1 bath daily route of administration oral use use as bath additive. temperature: 34-37 c, duration of bath 10-20 minutes. duration of use or any restrictions on the duration of use if symptoms persist during the use of the medicinal product, a doctor or a qualified health care practitioner should be consulted. any other information necessary for the safe use contraindications hypersensitivity to the active substance. use as bath additive full baths are contraindicated in cases of open wounds, large skin injuries, acute skin diseases, high fever, severe infections, severe circulatory disturbances and cardiac insufficiency. special warnings and precautions for use the use in children under 12 years of age has not been established due to lack of adequate data. if the symptoms worsen during the use of the medicinal product, a doctor or a qualified health care practitioner should be consulted. 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. interactions with other medicinal products and other forms of interaction none reported fertility, pregnancy and lactation safety during pregnancy and lactation has not been established. in the absence of sufficient data, use during pregnancy and lactation is not recommended. no fertility data available. effects on ability to drive and use machines may impair ability to drive and use machines. affected patients should not drive or operate machinery. undesirable effects oral use gastrointestinal symptoms (e.g. nausea, abdominal cramps) may occur after ingestion of valerian root preparations. the frequency is not known. if other adverse reactions not mentioned above occur, a doctor or a qualified health care practitioner should be consulted. use as bath additive none known if adverse reactions occur, a doctor or a qualified health care practitioner should be consulted. overdose oral use valerian root at a dose of approximately 20 g caused symptoms, such as fatigue, abdominal cramp, chest tightness, light-headedness, hand tremor and mydriasis, which disappeared within 24 hours. if symptoms arise, treatment should be supportive. use as bath additive no case of overdose has been reported. 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: commission implementing decision (eu) 2018/114 of 16 january 2018 amending decision 2009/11/ec authorising methods for grading pig carcasses in spain (notified under document c(2018) 87) (text with eea relevance. ) type: decision_impl subject matter: means of agricultural production; europe; animal product; marketing date published: 2018-01-25 25.1.2018 en official journal of the european union l 20/11 commission implementing decision (eu) 2018/114 of 16 january 2018 amending decision 2009/11/ec authorising methods for grading pig carcasses in spain (notified under document c(2018) 87) (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 1308/2013 of the european parliament and of the council of 17 december 2013 establishing a common organisation of the markets in agricultural products and repealing council regulations (eec) no 922/72, (eec) no 234/79, (ec) no 1037/2001 and (ec) no 1234/2007 (1), and in particular article 20(p) and (t) thereof, whereas: (1) point 1 of section b.iv of annex iv to regulation (eu) no 1308/2013 provides that, for the classification of pig carcasses, the lean-meat content has to be assessed by means of grading methods authorised by the commission and only statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcass may be authorised. the authorisation of grading methods should be subject to compliance with a maximum tolerance for statistical error in assessment. that tolerance is defined in article 23(3) of commission regulation (ec) no 1249/2008 (2). (2) by commission decision 2009/11/ec (3), the use of seven methods for grading pig carcasses in spain was authorised. (3) spain has requested the commission to authorise one new method for grading pig carcasses on its territory and has presented a detailed description of the dissection trial, indicating the principles on which this method is based, the results of its dissection trial and the equation used for assessing the percentage of lean meat in the protocol provided for in article 23(4) of regulation (ec) no 1249/2008. (4) examination of that request has revealed that the conditions for authorising this grading method are fulfilled. this grading method should therefore be authorised in spain. (5) decision 2009/11/ec should therefore be amended accordingly. (6) modifications of the apparatus or grading methods should not be allowed, unless they are explicitly authorised by commission implementing decision. (7) the measures provided for in this decision are in accordance with the opinion of the management committee for the common organisation of the agricultural markets, has adopted this decision: article 1 decision 2009/11/ec is amended as follows: (1) article 1 is replaced by the following: article 1 the use of the following methods is authorised for grading pig carcasses pursuant to point 1 of section b.iv of annex iv to regulation (eu) no 1308/2013 of the european parliament and of the council (*1) in spain: (a) the fat-o-meat'er (fom) apparatus and the assessment methods related thereto, details of which are given in part 1 of the annex; (b) the fully automatic ultrasonic carcase grading (autofom) apparatus and the assessment methods related thereto, details of which are given in part 2 of the annex; (c) the ultrafom 300 apparatus and the assessment methods related thereto, details of which are given in part 3 of the annex; (d) the automatic vision system (vcs2000) apparatus and the assessment methods related thereto, details of which are given in part 4 of the annex; (e) the fat-o-meat'er ii (fom ii) apparatus and the assessment methods related thereto, details of which are given in part 5 of the annex; (f) the autofom iii apparatus and the assessment methods related thereto, details of which are given in part 6 of the annex; (g) the manual method (zp) with a ruler and the assessment methods related thereto, details of which are given in part 7 of the annex; (h) the csb-image-meater apparatus and the assessment methods related thereto, details of which are given in part 8 of the annex. the manual method zp with a ruler, referred to in point (g) of the first paragraph, shall only be authorised for abattoirs: (a) where the number of slaughters does not exceed 500 pigs per week on yearly average basis; and (b) having a slaughter line with a capacity to process no more than 40 pigs per hour. (*1) regulation (eu) no 1308/2013 of the european parliament and of the council of 17 december 2013 establishing a common organisation of the markets in agricultural products and repealing council regulations (eec) no 922/72, (eec) no 234/79, (ec) no 1037/2001 and (ec) no 1234/2007 (oj l 347, 20.12.2013, p. 671).;" (2) the annex is amended in accordance with the annex to this decision. article 2 this implementing decision is addressed to the kingdom of spain. done at brussels, 16 january 2018. for the commission phil hogan member of the commission (1) oj l 347, 20.12.2013, p. 671. (2) commission regulation (ec) no 1249/2008 of 10 december 2008 laying down detailed rules on the implementation of the community scales for the classification of beef, pig and sheep carcasses and the reporting of prices thereof (oj l 337, 16.12.2008, p. 3). (3) commission decision 2009/11/ec of 19 december 2008 authorising methods for grading pig carcases in spain (oj l 6, 10.1.2009, p. 79). annex in the annex to decision 2009/11/ec the following part 8 is added: part 8 csb-image-meater 1. the rules provided for in this part shall apply when the grading of pig carcasses is carried out by means of the apparatus known as csb-image-meater . 2. the csb-image-meater consists in particular of a video camera, a pc equipped with an image-analysis card, a screen, a printer, a command mechanism, a rate mechanism and interfaces. the 4 csb-image-meater variables are all measured at the split line in the ham area (around gluteus medius muscle); the measured values are transformed into estimation of a lean meat percentage by a central unit. 3. the lean meat content of a carcass shall be calculated according to the following formula: = 68,39920953 (0,39050694 f) (0,32611391 v4f) + (0,07864716 m) (0,00762296 v4m) where: = the estimated percentage of lean meat in a carcass. f = fat thickness as thinnest layer above muscle gluteus medius (in millimetres). v4f = average fat thickness of the complete bacon layer above the four lumbar vertebra (called vaf, vbf, vcf, vdf) (in millimetres). m = meat thickness from the cranial edge of muscle gluteus medius and the vertebrae canal (in millimetres). v4m = average meat thickness above the four lumbar vertebra (called vam, vbm, vcm, vdm) (in millimetres). this formula shall be valid for carcasses weighing between 60 and 120 kilograms (warm weight).

name: council decision (cfsp) 2018/101 of 22 january 2018 on the promotion of effective arms export controls type: decision subject matter: cooperation policy; defence; international security; trade; trade policy date published: 2018-01-23 23.1.2018 en official journal of the european union l 17/40 council decision (cfsp) 2018/101 of 22 january 2018 on the promotion of effective arms export controls the council of the european union, having regard to the treaty on european union, and in particular articles 28(1) and 31(1) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) the european security strategy adopted by the european council on 12 december 2003 outlines five key challenges to be addressed by the union: terrorism, the proliferation of weapons of mass destruction, regional conflicts, state failure, and organised crime. the consequences of the uncontrolled circulation of conventional weapons are central to four of those five challenges. that strategy underlines the importance of export controls to contain weapons proliferation. the new global strategy for the union's foreign and security policy, titled shared vision, common action: a stronger europe, which was presented by the high representative on 28 june 2016, confirms the union's support for the universalisation, full implementation and enforcement of multilateral disarmament, non-proliferation and arms control treaties and regimes. (2) on 5 june 1998, the union adopted a politically binding code of conduct on arms exports, which sets common criteria to regulate the legal trade in conventional weapons. (3) the union strategy to combat illicit accumulation and trafficking of small arms and light weapons (salw) and their ammunition, adopted by the european council on 15 and 16 december 2005, provides that the union, at regional and international levels, supports the strengthening of export controls and the promotion of the criteria of the code of conduct on arms exports by, inter alia, helping third countries to draft relevant national legislation and to promote measures to improve transparency. (4) the code of conduct on arms exports was replaced on 8 december 2008 by council common position 2008/944/cfsp (1), which establishes eight criteria against which applications for the export of conventional arms are to be assessed. it also includes a notification and consultation mechanism for arms exports denials, and transparency measures such as the yearly publication of an eu annual report on arms exports. a number of third countries have aligned themselves with common position 2008/944/cfsp. (5) article 11 of common position 2008/944/cfsp states that member states are to use their best endeavours to encourage other states which export military technology or equipment to apply the criteria contained in that common position. (6) the arms trade treaty (att) was adopted by the un general assembly in april 2013 and entered into force on 24 december 2014. the treaty aims to strengthen transparency and responsibility in the arms trade. as with common position 2008/944/cfsp, the att lays down a number of risk assessment criteria against which arms exports have to be assessed. the union concretely supports the effective implementation and universalisation of the att through its dedicated programmes adopted under council decision 2013/768/cfsp (2) and council decision (cfsp) 2017/915 (3). those programmes assist a number of third countries, where they so request, in strengthening their arms transfer control systems in line with the requirements of the treaty. (7) it is therefore important to ensure complementarity between the outreach and assistance activities provided for in the present decision and those provided for in decision (cfsp) 2017/915. (8) union activities to promote effective and transparent arms export controls have developed since 2008 under joint action 2008/230/cfsp (4) and council decisions 2009/1012/cfsp (5) and 2012/711/cfsp (6) and council decision (cfsp) 2015/2309 (7). the activities carried out have notably supported further regional cooperation, enhanced transparency and greater responsibility, in line with the principles of common position 2008/944/cfsp and the risk assessment criteria enshrined therein. the activities in question have traditionally addressed third countries of the eastern and southern neighbourhoods of the union. (9) in recent years, the union has also provided assistance to improve export controls on dual-use goods in third countries, and effective coordination should be ensured between the arms export control activities covered by this decision and those activities on export controls of dual-use goods. (10) the german federal office for economic affairs and export control (bafa) has been entrusted by the council with the technical implementation of decisions 2009/1012/cfsp and 2012/711/cfsp and decision (cfsp) 2015/2309. bafa is also an implementing agency for projects supporting the effective implementation of the att under decision 2013/768/cfsp and decision (cfsp) 2017/915. bafa is the competent agency for arms control of an eu member state, and has developed a large body of knowledge and expertise on outreach activities, in addition to sharing its core competencies with other states, has adopted this decision: article 1 1. for the purpose of promoting peace and security, and in line with the european security strategy, the union shall pursue the following objectives: (a) promoting effective controls on arms exports by third countries, in accordance with the principles set out in common position 2008/944/cfsp and in the att, and seeking, where appropriate, complementarity and synergies with union assistance projects in the field of export controls on dual-use goods; (b) supporting third countries' efforts at national and regional levels to render trade in conventional weapons more responsible and transparent, and to mitigate the risk of the diversion of arms to unauthorised users. 2. the union shall pursue the objectives referred to in paragraph 1 through the following project activities: (a) further promoting, among third countries, the criteria and principles set out in common position 2008/944/cfsp and in the att, based on the achievements reached through the implementation of decision (cfsp) 2015/2309, decisions 2012/711/cfsp and 2009/1012/cfsp, and joint action 2008/230/cfsp; (b) assisting third countries in the drafting, updating and implementing, as appropriate, of relevant legislative and administrative measures which aim to establish an effective system of conventional arms export controls; (c) assisting beneficiary countries in the training of licensing and enforcement officers to ensure the adequate implementation and enforcement of arms export controls; (d) assisting beneficiary countries in outreach to their national arms industries to ensure compliance with export control regulations; (e) promoting transparency and responsibility in the international arms trade, including through support for national and regional measures that promote transparency and appropriate scrutiny in the export of conventional weapons; (f) encouraging those beneficiary countries that have not taken any steps towards accession to the att to join the att, and to encourage signatories of the att to ratify it; (g) promoting further consideration of the risks of the diversion of arms and the mitigation thereof, both from the importing and exporting perspectives. a detailed description of the project activities referred to in this paragraph is set out in the annex. article 2 1. the high representative of the union for foreign affairs and security policy (high representative) shall be responsible for the implementation of this decision. 2. the implementation of the project activities referred to in article 1(2) shall be carried out by the german federal office for economic affairs and export control (bafa). the selection of bafa is justified by its proven experience, qualifications and necessary expertise over the full range of relevant union arms export control activities 3. bafa shall perform its tasks under the responsibility of the high representative. for that purpose, the high representative shall enter into the necessary arrangements with bafa. article 3 1. the financial reference amount for the implementation of the project activities referred to in article 1(2) shall be eur 1 304 107,28. 2. the expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the union's budget. 3. the commission shall supervise the proper management of the financial reference amount referred to in paragraph 1. for that purpose, it shall conclude a financing agreement with bafa. the financing agreement shall stipulate that bafa is to ensure the visibility of the union's 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 the high representative shall report to the council on the implementation of this decision on the basis of regular reports prepared by bafa. those reports shall form the basis for the evaluation carried out by the council. the commission shall report on the financial aspects of the implementation of the project activities as referred to in article 1(2). article 5 this decision shall enter into force on the date of its adoption. this decision shall expire 30 months after the date of the conclusion of the financing agreement referred to in article 3(3), or 6 months after the date of its adoption if no financing agreement has been concluded within that period. done at brussels, 22 january 2018. for the council the president f. mogherini (1) council common position 2008/944/cfsp of 8 december 2008 defining common rules governing control of exports of military technology and equipment (oj l 335, 13.12.2008, p. 99). (2) council decision 2013/768/cfsp of 16 december 2013 on eu activities in support of the implementation of the arms trade treaty, in the framework of the european security strategy (oj l 341, 18.12.2013, p. 56). (3) council decision (cfsp) 2017/915 of 29 may 2017 on union outreach activities in support of the implementation of the arms trade treaty (oj l 139, 30.5.2017, p. 38). (4) council joint action 2008/230/cfsp of 17 march 2008 on support for eu activities in order to promote the control of arms exports and the principles and criteria of the eu code of conduct on arms exports among third countries, (oj l 75, 18.3.2008, p. 81). (5) council decision 2009/1012/cfsp of 22 december 2009 on support for eu activities in order to promote the control of arms exports and the principles and criteria of common position 2008/944/cfsp among third countries (oj l 348, 29.12.2009, p. 16). (6) council decision 2012/711/cfsp of 19 november 2012 on support for union activities in order to promote, among third countries, the control of arms exports and the principles and criteria of common position 2008/944/cfsp (oj l 321, 20.11.2012, p. 62). (7) council decision (cfsp) 2015/2309 of 10 december 2015 on the promotion of effective arms export controls (oj l 326, 11.12.2015, p. 56). annex project activities referred to in article 1(2) 1. objectives the objectives of this decision are to promote improved controls on arms transfers by third countries and to support third countries' efforts, at national and regional levels, to render international trade in conventional weapons more responsible and transparent, and to mitigate the risk of the diversion of arms to unauthorised users. where relevant, those objectives should include the promotion of the principles and criteria set out in common position 2008/944/cfsp and in the att. those objectives should be pursued in seeking, where appropriate, complementarity and synergies with the union's assistance projects in the field of export controls on dual-use goods. in order to achieve the above-mentioned objectives, the union should continue to promote the standards of common position 2008/944/cfsp, building on the achievements reached through the implementation of decision (cfsp) 2015/2309, decisions 2012/711/cfsp and 2009/1012/cfsp, and joint action 2008/230/cfsp. for that purpose, assistance should be provided to beneficiary third countries for the drafting, updating and implementation, as appropriate, of relevant legislative and administrative measures that support an effective system of conventional arms transfer controls. support should also be provided regarding the assessment and mitigation of the risk of arms diversion. support should also be given to the training of licensing and enforcement officers responsible for the implementation and enforcement of arms transfer controls, and to national and regional measures promoting transparency and appropriate scrutiny over exports of conventional weapons. furthermore, contacts with the private sector and compliance with relevant national legal and administrative provisions that regulate the transfer of arms should be promoted. 2. selection of the implementing agency the implementation of this council decision is entrusted to bafa. where appropriate, bafa will partner with member states' export control agencies, relevant regional and international organisations, think tanks, research institutes and ngos. bafa has leading experience in the provision of export control assistance and outreach activities. it has developed such experience in all the relevant fields of strategic export control, addressing the cbrn-related, dual-use goods and arms areas. through those programmes and activities, bafa has gained in-depth knowledge of the export control systems of most of the countries covered by the present decision. with regard to arms export control assistance and outreach, bafa successfully completed the implementation of decisions 2009/1012/cfsp and 2012/711/cfsp and decision (cfsp) 2015/2309. bafa is also in charge of the technical implementation of the att implementation support programme established by decision 2013/768/cfsp and decision (cfsp) 2017/915. the overall effect is that bafa is uniquely placed to identify the strengths and weaknesses of the export control systems of countries that will be the beneficiaries of the activities provided for in this decision. it is thus most able to facilitate synergies between the various arms export control assistance and outreach programmes and to avoid duplication. 3. coordination with other union assistance projects in the field of export controls based on the experience of previous union outreach activities in the field of exports controls covering both dual-use goods and conventional arms, synergy and complementarity should be sought. to that end, the activities referred to in points 5.2.1 to 5.2.3 and 5.2.5 should be carried out, where appropriate, in conjunction with other activities financed through the cfsp budget, in particular those activities provided for under decision (cfsp) 2017/915, or with other activities relating to dual-use goods export controls financed through union financial instruments other than the cfsp budget. in particular, back-to-back events should be explored. this should be done in full compliance with the legal and financial limitations set for the use of relevant union financial instruments. 4. coordination with other donors' assistance projects in the field of export controls where appropriate, synergy and complementarity with other donors' assistance projects in the field of export controls should also be sought. as mentioned in point 3, the coordination with other donors should be carried out especially for the activities referred to in points 5.2.1 to 5.2.3 and 5.2.5. the reference in point 3 with regard to back-to-back planning remains valid. 5. description of project activities 5.1. project objectives the main objective is to provide technical assistance to a number of beneficiary countries which have demonstrated their willingness to develop their standards and practices regarding arms export control. to do so, the activities to be undertaken will take into account the status of the beneficiary countries, in particular regarding: the possible membership of, or application for membership of, international export control regimes relating to the transfer of conventional arms and dual-use goods and technologies, the candidatures for membership of the union and whether the beneficiary countries are official candidates or potential candidates, the position regarding the att. where the beneficiary countries addressed are only signatories to the att, the activities should where feasible seek to ascertain better what the obstacles to att ratification are, in particular where those obstacles are of a juridical or regulatory nature and are related to gaps or needs in implementation capacities. where relevant, possible union support under decision (cfsp) 2017/915 should be promoted. where the countries addressed have taken no steps towards the treaty (neither signature, ratification, nor accession), the activities should promote accession to the att, possibly with the support of other beneficiary countries that have ratified the att. another complementary objective is to sensitise a number of third countries to arms diversion risk-assessment and diversion mitigation, both from the exporting and importing perspectives. 5.2. project description 5.2.1. regional workshops the project will take the form of up to eight 2-day workshops, providing training in relevant areas of conventional arms export controls. the participants in the workshop (up to 35) would include government officials of the beneficiary countries covered. representatives from national parliaments and industry and civil society representatives may also be invited, where appropriate. training will be conducted by experts from member states' national administrations (including former officials), representatives of countries that have aligned themselves with common position 2008/944/cfsp, and representatives of the private sector and civil society. the workshops may take place in a beneficiary country or in another location to be determined by the high representative, in consultation with the council working party on conventional arms exports (coarm). the regional workshops will be organised as follows: (a) up to two workshops for the countries in south-eastern europe; eastern european and caucasian countries of the european neighbourhood policy and turkey will be invited to at least one of the workshops; (b) up to two workshops for the eastern european and caucasian countries of the european neighbourhood policy; south-eastern europe countries and turkey will be invited to at least one of those workshops; (c) up to two workshops for the north african mediterranean countries of the european neighbourhood policy; southern neighbourhood countries of the european neighbourhood policy will be invited to at least one of the workshops; (d) up to two workshops for central asia; eastern european and caucasian countries of the european neighbourhood policy will be invited to at least one of the workshops. this regional breakdown of two workshops per region may not be achieved if circumstances are not propitious (for example if the number of participants is unexpectedly too low, if there is no serious offer to host by any beneficiary country of the region, or if there is duplication with other activities of other outreach providers). in the event that one or more workshop is not implemented, the number of workshops for the other abovementioned region(s) could be increased accordingly, within the global ceiling of eight workshops. 5.2.2. study visits the project will take the form of up to four 2-day study visits of government officials to the relevant authorities of member states. study visits should cover between two and four beneficiary countries. beneficiary countries of the study visits need not necessarily come from the same region. the project will also take the form of up to three 2-day study visits of government, customs and/or licensing officials of beneficiary countries to the relevant authorities of other beneficiary countries. 5.2.3. individual assistance to beneficiary countries the project will take the form of workshops of no more than 10 days' duration in total for individual beneficiary countries which request one, in which state officials from the beneficiary countries, including government, licensing and enforcement officials, will participate. these events will preferably take place in the respective beneficiary countries. depending on the exact needs and availability of the beneficiary countries' and eu member states' experts, the overall 10 days available will be allocated with a minimum 2-day format. experts from member states' national administrations (including former officials), representatives of countries that have aligned themselves with common position 2008/944/cfsp, and representatives of the private sector and civil society will share their expertise. those individual assistance workshops will be mainly held at the request of the beneficiary countries. they are intended to address a specific issue or a specific need raised by the beneficiary country, for example, in the margins of a regional workshop or during regular contacts with eu experts and with bafa. 5.2.4. experts' meeting the project will take the form of a 1-day experts' meeting in brussels dedicated to government officials, including government, licensing and enforcement officials from beneficiary countries belonging to the see region. the meeting will take place in the margins of the meetings of coarm. 5.2.5. assessment events in order to provide a mid-term and a final assessment of the activities under this decision, two experts meetings will be organised in brussels, ideally back-to-back with a regular coarm meeting. the mid-term assessment event will take the form of a workshop with the participation of eu member states, which may last up to 1 day. the final assessment event will take the form of a 2-day event in brussels with the participation of beneficiary countries and eu member states. up to two representatives (appropriate government officials) of each beneficiary country will be invited to the final assessment event. 6. beneficiaries 6.1. countries beneficiary of activities under this council decision (i) south eastern european countries (albania, bosnia and herzegovina, the former yugoslav republic of macedonia, montenegro, serbia and kosovo (under unscr/1244/99 (1))); (ii) north african mediterranean countries of the european neighbourhood policy (algeria, egypt, morocco and tunisia); (iii) eastern european and caucasian countries of the european neighbourhood policy (armenia, azerbaijan, belarus, georgia, republic of moldova and ukraine); (iv) central asian countries (kazakhstan, tajikistan, uzbekistan, kyrgyzstan, turkmenistan); (v) southern neighbourhood countries of the european neighbourhood policy (jordan and lebanon); (vi) turkey. 6.2. amendment to the scope of beneficiary countries the coarm working party may, upon a proposal from the high representative, decide to modify the list of beneficiary countries based on an appropriate justification. modifications should be communicated in a formal manner between bafa and the eu. 7. project results and implementation indicators in addition to the final assessment event referred to in 5.2.5, the assessment of the results of the project will take into account the following: 7.1. individual assessment of beneficiary countries on completion of the activities foreseen, bafa shall provide the eeas and the commission with a progress report on each of the beneficiary countries referred to in 6.1. that report will be prepared in liaison with the eu delegations in the countries concerned and will recap the activities that took place in the beneficiary country over the duration of the decision. the report will also assess the beneficiary country's capacity in the area of arms transfer controls. where the beneficiary country is party to the att, the assessment will assess how the capacity in place enables that country to implement the att. 7.2. impact assessment and implementation indicators the impact of activities provided for by this decision for the beneficiary countries should be assessed after the activities have been carried out. the impact assessment will be carried out by the high representative, in cooperation with coarm and, as appropriate, with the eu delegations in the beneficiary countries, as well as with other relevant stakeholders. for that purpose, the following indicators will be used: whether relevant national regulations on arms transfer controls are in place and whether/to which extent they meet the provisions of the common position 2008/944/cfsp (inter alia, application of the assessment criteria, implementation of the eu common military list, reporting), where available, information on enforcement cases, whether the beneficiary countries are able to report arms exports and/or imports (e.g. un register, att annual reporting, wassenaar arrangement, osce, national reports), whether the beneficiary country has aligned, or intends to officially align, with common position 2008/944/cfsp. the individual assessment reports under 7.1 should refer to those implementation indicators as appropriate. 8. promoting the use of the eu outreach web portal (2) the eu p2p web portal provided for in decision 2012/711/cfsp has been developed as a union-owned resource. it operates as a joint platform for all the union outreach programmes (dual-use, arms). the activities listed under 5.2.1 to 5.2.5 are to raise the awareness of the union outreach web portal and to promote its use. participants in outreach activities should be informed about the private part of the web portal that offers permanent access to resources, documents and contacts. likewise, the use of the web portal should be promoted to other officials who are not able to participate directly in assistance and outreach activities. furthermore, activities should be promoted through the eu p2p newsletter. 9. eu visibility bafa shall take all appropriate measures to publicise the fact that the action is funded by the european union. such measures will be implemented in accordance with the communication and visibility manual for union external actions published by the european commission. bafa will thus ensure the visibility of the union contribution with appropriate branding and publicity, highlighting the role of the union and raising awareness of the reasons for the decision, as well as union support for the decision and the results of that support. material produced by the project will prominently display the union flag in accordance with union relevant guidelines, including the logo eu p2p export control programme. union delegations should be involved in events in third countries to enhance political follow-up and visibility. given that planned activities vary greatly in scope and character, a range of promotional tools will be used, including traditional media, website, social media, information and promotional materials (including infographics, leaflets, newsletters, press releases and others as appropriate). publications and public events, procured under the project will be branded accordingly. 10. duration the total estimated duration of the project will be 24 months. 11. reporting bafa shall prepare 6-monthly reports, including after the completion of each of the activities. the reports shall be submitted to the high representative no later than 6 weeks after the completion of relevant activities. 12. estimated total cost of the project and union financial contribution the total estimated cost of the project is eur 1 451 597,28 with co-financing from the government of the federal republic of germany. the total estimated cost of the eu-financed project is eur 1 304 107,28. (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. (2) https://export-control.jrc.ec.europa.eu/

name: commission implementing decision (eu) 2018/40 of 12 december 2017 adopting the eleventh update of the list of sites of community importance for the atlantic biogeographical region (notified under document c(2017) 8253) type: decision_impl subject matter: natural environment; regions and regional policy; environmental policy date published: 2018-01-19 19.1.2018 en official journal of the european union l 15/125 commission implementing decision (eu) 2018/40 of 12 december 2017 adopting the eleventh update of the list of sites of community importance for the atlantic biogeographical region (notified under document c(2017) 8253) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 92/43/eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora (1), and in particular the third subparagraph of article 4(2) thereof, whereas: (1) the atlantic biogeographical region referred to in article 1(c)(iii) of directive 92/43/eec comprises the union territories of ireland, the netherlands and the united kingdom, and parts of the union territories of belgium, denmark, germany, spain, france and portugal as specified in the biogeographical map approved on 20 april 2005 by the committee set up by article 20 of that directive (the habitats committee). (2) the initial list of sites of community importance for the atlantic biogeographical region, within the meaning of directive 92/43/eec, was adopted by commission decision 2004/813/ec (2). that list was last updated by commission implementing decision (eu) 2016/2335 (3). (3) the sites included in the list of sites of community importance for the atlantic biogeographical region form part of the natura 2000 network which is an essential element of the protection of biodiversity in the union. in order to make further progress in the actual establishment of the natura 2000 network and in the context of a dynamic adaptation of that network, the lists of sites of community importance are reviewed regularly. (4) between 18 february 2016 and 27 january 2017 member states have proposed additional sites of community importance for the atlantic biogeographical region within the meaning of article 1 of directive 92/43/eec. member states have also submitted changes in the site-related information contained in the list of sites of community importance for the atlantic biogeographical region. (5) on the basis of the draft list drawn up by the commission in agreement with each of the member states concerned, which also identifies sites hosting priority natural habitat types or priority species, an updated list of sites selected as sites of community importance for the atlantic biogeographical region should be adopted. articles 4(4) and 6 of directive 92/43/eec apply to the newly included sites. (6) knowledge of the existence and distribution of the natural habitat types and species is constantly evolving as a result of the surveillance undertaken in accordance with article 11 of directive 92/43/eec. therefore, the evaluation and selection of sites at union level was carried out using the best available information at the time. (7) certain member states have not proposed sufficient sites to meet the requirements of directive 92/43/eec for certain habitat types and species. furthermore, knowledge of the existence and distribution of some of the natural habitat types listed in annex i and some of the species listed in annex ii to directive 92/43/eec remains incomplete. for those habitat types and species it can therefore not be concluded that the natura 2000 network is complete. (8) in the interests of clarity and transparency, implementing decision (eu) 2016/2335 should be repealed. (9) the measures provided for in this decision are in accordance with the opinion of the habitats committee, has adopted this decision: article 1 the 11th update of the list of sites of community importance for the atlantic biogeographical region as set out in the annex is adopted. article 2 implementing decision (eu) 2016/2335 is repealed. article 3 this decision is addressed to the member states. done at brussels, 12 december 2017. for the commission karmenu vella member of the commission (1) oj l 206, 22.7.1992, p. 7. (2) commission decision 2004/813/ec of 7 december 2004 adopting, pursuant to council directive 92/43/eec, the list of sites of community importance for the atlantic biogeographical region (oj l 387, 29.12.2004, p. 1). (3) commission implementing decision (eu) 2016/2335 of 9 december 2016 adopting a tenth update of the list of sites of community importance for the atlantic biogeographical region (oj l 353, 23.12.2016, p. 533). annex eleventh update of the list of sites of community importance for the atlantic biogeographical region each site of community importance (sci) is identified by the information supplied in the natura 2000 format, including the corresponding map. this information has been transmitted by the competent national authorities in accordance with the second subparagraph of article 4(1) of directive 92/43/eec. the table below gives the following information: a : sci code comprising nine characters, the first two being the iso code for the member state; b : name of sci; c : * = presence on the sci of at least one priority natural habitat type and/or species within the meaning of article 1 of directive 92/43/eec; d : area of sci in hectares or length of sci in km; e : geographical coordinates of sci (latitude and longitude) in decimal degrees. all the information given in the union list below is based on the data proposed, transmitted and validated by belgium, denmark, germany, ireland, spain, france, netherlands, portugal and the united kingdom. a b c d e sci code name of sci * area of sci (ha) length of sci (km) geographical coordinates of sci longitude latitude be1000001 la for t de soignes avec lisi res et domaines bois s avoisinants et la vall e de la woluwe. complexe 'for t de soignes - vall e de la woluwe' * 2 076 4,4306 50,7833 be1000002 zones bois es et ouvertes au sud de la r gion bruxelloise. complexe 'verrewinkel - kinsendael' * 139,8 4,3549 50,7879 be1000003 les zones bois es et les zones humides de la vall e du molenbeek au nord-ouest de la r gion bruxelloise. complexe 'laerbeek-dieleghem-poelbos - marais de jette-ganshoren' * 117,2 4,305547 50,882521 be2100015 kalmthoutse heide 2 064 4,4167 51,4 be2100016 klein en groot schietveld * 2 288 4,5833 51,3667 be2100017 bos- en heidegebieden ten oosten van antwerpen * 5 240 4,7444 51,2667 be2100019 het blak, kievitsheide, ekstergoor en nabijgelegen kamsalamanderhabitats * 697 4,8 51,3333 be2100020 heesbossen, vallei van marke en merkske en ringven met valleigronden langs de heerlese loop * 678 4,7444 51,3694 be2100024 vennen, heiden en moerassen rond turnhout * 3 627 4,9667 51,3667 be2100026 valleigebied van de kleine nete met brongebieden, moerassen en heiden * 4 884 5,0833 51,25 be2100040 bovenloop van de grote nete met zammelsbroek, langdonken en goor * 4 307 5,1833 51,1611 be2100045 historische fortengordels van antwerpen als vleermuizenhabitat. * 359 4,4833 51,2167 be2200028 de maten * 536 5,45 50,95 be2200029 vallei- en brongebied van de zwarte beek, bolisserbeek en dommel met heide en vengebieden. * 8 306 5,3333 51,1167 be2200030 mangelbeek en heide- en vengebieden tussen houthalen en gruitrode * 3 768 5,4333 51,05 be2200031 valleien van de laambeek, zonderikbeek, slangebeek en roosterbeek met vijvergebieden. * 3 627 5,3 50,9833 be2200032 hageven met dommelvallei, beverbeekse heide, warmbeek en wateringen * 1 980 5,5 51,2833 be2200033 abeek met aangrenzende moerasgebieden * 2 523 5,7 51,175 be2200034 itterbeek met brand, jagersborg en schootsheide en bergerven * 1 869 5,7306 51,1 be2200035 mechelse heide en vallei van de ziepbeek * 3 741 5,6333 50,95 be2200036 plateau van caestert met hellingbossen en mergelgrotten. * 132 5,6833 50,8139 be2200037 uiterwaarden langs de limburgse maas met vijverbroek * 778 5,7667 51,0333 be2200038 bossen en kalkgraslanden van haspengouw * 2 604 5,2667 50,8167 be2200041 jekervallei en bovenloop van de demervallei * 633 5,5167 50,85 be2200042 overgang kempen-haspengouw * 689 5,5667 50,9097 be2200043 bosbeekvallei en aangrenzende bos- en heidegebieden te as-opglabbeek-maaseik * 573 5,6167 51,0583 be2300005 bossen en heiden van zandig vlaanderen: oostelijk deel * 3 377 3,45 51,15 be2300006 schelde- en durme stuarium van de nederlandse grens tot gent * 8 957 4,1919 51,1531 be2300007 bossen van de vlaamse ardennen en andere zuidvlaamse bossen. * 5 548 3,75 50,7917 be2300044 bossen van het zuidoosten van de zandleemstreek * 1 793 4,25 50,9583 be2400008 zoni nwoud * 2 761 4,4167 50,75 be2400009 hallerbos en nabije boscomplexen met brongebieden en heiden * 1 832 4,2833 50,7083 be2400010 valleigebied tussen melsbroek, kampenhout, kortemberg en veltem. * 1 445 4,5833 50,9167 be2400011 valleien van de dijle, laan en ijse met aangrenzende bos- en moerasgebieden * 4 068 4,6833 50,8083 be2400012 valleien van de winge en de motte met valleihellingen. * 2 244 4,8667 50,9333 be2400014 demervallei * 4 910 4,9833 51,0028 be2500001 duingebieden inclusief ijzermonding en zwin. * 3 782 2,8681 51,195 be2500002 polders * 1 866 3,1003 51,2417 be2500003 westvlaams heuvelland * 1 878 2,7667 50,775 be2500004 bossen, heiden en valleigebieden van zandig vlaanderen: westelijk deel * 3 064 3,32 51,1 be31001c0 affluents braban ons de la senne * 710,0534 4,2526 50,6657 be31002c0 vall es de l'argentine et de la lasne * 720,1854 4,4379 50,7335 be31003c0 vall e de la lasne * 432,6567 4,5508 50,7201 be31004c0 vall e de la dyle en aval d'archennes * 141,4748 4,6444 50,7711 be31005c0 vall e de la nethen * 175,3578 4,679826 50,789925 be31006c0 vall e de la dyle ottignies * 304,1458 4,5966 50,678 be31007c0 vall e du train * 475,888 4,706911 50,700949 be31008c0 carri re de dongelberg 9,6443 4,8196 50,695 be31009b0 carri res souterraines d'orp-jauche 12,3508 1,6 4,9427 50,667 be31010c0 sources de la dyle * 655,5896 4,4959 50,6382 be31011c0 vall e de la thyle * 1 113,4828 4,5335 50,5962 be31012c0 vall e de la dyle de wavre archennes * 85,0401 4,6465 50,7447 be32001c0 vall e de la lys * 408,401 2,8973 50,7365 be32002c0 vall e de l'escaut en aval de tournai * 366,1984 3,3564 50,6643 be32003c0 pays des collines * 132,9428 3,5096 50,7585 be32004c0 vall e de la rhosnes * 191,7365 3,745547 50,769694 be32005c0 vall es de la dendre et de la marcq * 534,9537 3,643501 50,706257 be32006c0 bois d'enghien et de silly * 534,5406 3,9738 50,6394 be32007c0 bois de la houssi re * 714,7615 4,187514 50,616437 be32008b0 bois d'arpes et de l'h 'pital * 139,3308 4,27353 50,592094 be32010c0 marais de la verne * 102,0778 3,5694 50,5227 be32011c0 for t de bon-secours * 386,7204 3,6277 50,4918 be32012c0 bord nord du bassin de la haine * 2 215,3489 3,7358 50,509 be32014c0 vall e de la haine en amont de mons * 486,2435 4,0608 50,4565 be32015b0 canal souterrain de la b te refaite 1,0883 1,27 4,290256 50,503266 be32016c0 for t de mariemont * 153,6496 4,2454 50,4681 be32017c0 vall e de la haine en aval de mons * 1 789,9777 3,6805 50,4622 be32018c0 bois de colfontaine * 836,674 3,8413 50,384 be32019c0 vall e de la trouille * 1 281,0587 3,9822 50,4172 be32020c0 vall e de la princesse * 132,5409 4,225903 50,395888 be32021c0 haute-sambre en aval de thuin * 718,8658 4,301736 50,357234 be32025c0 haut-pays des honnelles * 586,2746 3,7134 50,3488 be32026c0 haute-sambre en amont de thuin * 394,539 4,2404 50,3236 be32044c0 bassin de l'escaut en amont de tournai * 193,9278 3,5143 50,4941 be32045c0 vall e de l'aubrecheuil * 36,6316 4,019947 50,502719 be32046c0 vall e du pi ton * 55,6067 4,301417 50,485023 be33001b0 sources du geer * 42,3707 5,1459 50,6626 be33002b0 basse vall e du geer * 577,2337 5,6464 50,774 be33003c0 montagne saint-pierre * 242,2533 5,6776 50,782 be33008c0 vall e de la burdinale * 291,7925 5,1365 50,5735 be33009c0 vall e de la mehaigne * 226,5797 5,1942 50,5938 be33010c0 vall e de la meuse huy et vallon de la soli res * 491,7402 5,192 50,5062 be35002c0 vall e de l'orneau * 326,2216 4,6831 50,4782 be35004c0 vall e de la meuse de dave marche-les-dames * 492,146 4,9495 50,4895 be35006c0 vall e de la meuse de marche-les-dames andenne * 353,9865 5,0499 50,5013 bemnz0001 vlaamse banken 109 939,9 2,5489 51,3339 bemnz0005 vlakte van de raan 1 925 3,2431 51,4411 de0916391 ntp s-h wattenmeer und angrenzende k stengebiete * 452 101 8,4614 54,5333 de0916392 d nen- und heidelandschaften nord-sylt * 1 916 8,3894 55,0172 de1003301 doggerbank 169 895 4,1675 55,5958 de1016392 d nen- und heidelandschaften nord- und mittel-sylt * 642 8,3306 54,955 de1115301 nsg rantumbecken 567 8,3172 54,8736 de1115391 d nenlandschaft s d-sylt * 741 8,2911 54,8061 de1116391 k stenlandschaft ost-sylt * 380 8,4019 54,8839 de1118301 rutteb ller see 55 8,7636 54,8953 de1119303 s derl gumer binnend nen * 809 8,9558 54,8692 de1121304 eichenw lder der b xlunder geest 84 9,2331 54,7889 de1121391 nsg fr slev-jardelunder moor 224 9,2356 54,8217 de1209301 sylter au enriff 531 429 7,1842 54,7831 de1219301 leckfeld * 111 8,9644 54,7953 de1219391 gew sser des bongsieler kanal-systems * 585 9,0161 54,7069 de1219392 heide- und magerrasenlandschaft am ochsenweg und im soholmfeld * 298 8,9836 54,7464 de1220301 w lder an der lecker au * 50 9,04 54,7722 de1315391 k sten- und d nenlandschaften amrums * 2 158 8,3361 54,6497 de1316301 godelniederung / f hr * 149 8,4372 54,6981 de1319301 nsg bordelumer heide und langenhorner heide mit umgebung * 201 8,9547 54,6556 de1320302 l tjenholmer und bargumer heide * 313 9,0022 54,6839 de1320303 schirlbusch 14 9,0961 54,6222 de1320304 l wenstedter sandberge * 21 9,1511 54,6286 de1321302 pob ller bauernwald * 152 9,2531 54,6086 de1321303 d nen am rimmelsberg * 17 9,2725 54,6233 de1322391 treene winderatter see bis friedrichstadt und bollingstedter au * 2 906 9,4797 54,7039 de1420301 standort bungsplatz husum * 150 9,0675 54,505 de1420302 moorweiher im staatsforst drelsdorf 6 9,1064 54,5964 de1420391 quell- und niedermoore der arlauniederung * 56 9,0908 54,5519 de1421301 immenstedter wald * 155 9,1978 54,5464 de1421303 w lder im s derhackstedtfeld * 76 9,2856 54,5825 de1421304 ahrenvi lfelder westermoor 69 9,2653 54,5439 de1422301 wald rumbrand * 60 9,3497 54,5233 de1422303 gammellunder see 36 9,4494 54,5642 de1423393 idstedtweger geestlandschaft * 98 9,4925 54,5572 de1521391 w lder der ostenfelder geest * 733 9,3111 54,4892 de1522301 kalkquellmoor bei klein rheide 19 9,4611 54,4633 de1617301 d nen st. peter * 153 8,6083 54,3203 de1620302 lundener niederung 902 9,0678 54,2953 de1621301 w lder bei bergenhusen * 145 9,3075 54,3925 de1622308 gr ben der n rdlichen alten sorge 769 9,3639 54,3833 de1622391 moore der eider-treene-sorge-niederung * 3 499 9,4761 54,3094 de1623303 fockbeker moor 375 9,5908 54,3294 de1623304 wald stlich hohn 11 9,5331 54,3042 de1623306 owschlager see * 44 9,6044 54,3881 de1623351 bergangsmoor im kropper forst 18 9,5106 54,3989 de1623392 binnend nen- und moorlandschaft im sorgetal * 958 9,5342 54,3508 de1714391 steingrund 17 450 8,1117 54,2361 de1719391 untereider 3 606 8,8969 54,2819 de1720301 wei es moor 69 9,0322 54,25 de1721301 wald bei welmb ttel * 105 9,2361 54,205 de1721302 wald bei hollingstedt * 30 9,2086 54,2925 de1721309 kleiner geestr cken s dlich d rpling 42 9,3131 54,2422 de1722301 wald westlich wrohm * 26 9,3567 54,2161 de1723301 gehege osterhamm-elsdorf * 646 9,5575 54,2731 de1723302 dachsberg bei wittenmoor 48 9,5469 54,2883 de1724334 d nen bei kattbek * 152 9,75 54,2169 de1813391 helgoland mit helgol nder felssockel * 5 509 7,8972 54,2086 de1820302 nsg fieler moor 258 9,1414 54,1592 de1820303 ehemaliger fuhlensee 86 9,135 54,1203 de1821304 gieselautal * 94 9,3031 54,1358 de1821391 riesewohld und angrenzende fl chen * 435 9,2183 54,1367 de1823301 w lder der n rdlichen itzehoer geest * 711 9,6889 54,1528 de1823304 haaler au * 432 9,5447 54,1522 de1920301 windberger niederung * 363 9,1467 54,0547 de1922301 w lder stlich mehlbek * 60 9,4622 54,0108 de1922391 iselbek mit lindhorster teich * 117 9,355 54,0711 de1923301 schierenwald * 588 9,6661 54,0175 de1923302 reher kratt 92 9,5983 54,0558 de1923304 moore bei christinenthal 37 9,5656 54,0361 de1923305 quellhangmoor lohfiert 8,6 9,5589 54,0125 de1924391 w lder im aukrug * 879 9,7892 54,0481 de1927301 kiebitzholmer moor und trentmoor * 535 10,2189 54,0044 de1927352 tarbeker moor * 131 10,3058 54,0275 de2016301 hamburgisches wattenmeer * 13 750 8,2833 53,8833 de2018331 unterelbe * 18 789,7 9,4297 53,7269 de2020301 klev- und donnlandschaft bei st. michaelisdonn * 222 9,1375 53,9772 de2021301 kudensee 104 9,2064 53,9553 de2022302 vaaler moor und herrenmoor 964 9,3617 53,9764 de2023303 rantzau-tal * 215 9,5919 53,9544 de2024301 heiden und d nen bei st rkathen * 59 9,7483 53,9725 de2024308 m hlenbarbeker au und angrenzendes quellhangmoor * 58 9,6842 53,9825 de2024391 mittlere st r, bramau und b nzau * 211 9,7722 53,9883 de2024392 moore der breitenburger niederung 514 9,68 53,905 de2025303 hasenmoor 275 10,0081 53,9292 de2026303 osterautal * 320 10,0219 53,95 de2026304 barker heide * 186 10,1531 53,9158 de2026305 altwaldbest nde im segeberger forst 154 10,1394 53,9617 de2026307 moorweiher im segeberger forst 42 10,1486 53,9375 de2104301 borkum-riffgrund 62 548 6,4139 53,8706 de2117331 k stenheiden und krattw lder bei cuxhaven * 953,51 8,6161 53,8361 de2123301 binnend nen nordoe * 390 9,5022 53,8897 de2124301 klein offenseth-bokelsesser moor * 473 9,6814 53,8289 de2125334 kaltenkirchener heide * 510,59 9,8972 53,8297 de2126303 pfeifengraswiese n rdlich seth 8 10,165 53,8706 de2126391 w lder im kisdorfer wohld und angrenzende fl chen * 472 10,0708 53,8056 de2127302 birkenmoor bei gro niendorf * 32 10,2286 53,8414 de2218301 ahlen-falkenberger moor, seen bei bederkesa * 2 877 8,7647 53,6775 de2218302 a b tteler und herrschaftliches moor * 288 8,7564 53,7611 de2220301 balksee und randmoore, nordahner holz * 1 513 9,0219 53,6831 de2221301 oederquarter moor * 84 9,2536 53,7692 de2222321 wetternsystem in der kollmarer marsch 26 9,4914 53,7547 de2224305 staatsforst rantzau stlich tornesch 113 9,7653 53,7053 de2224306 obere kr ckau 73,8 9,7122 53,7681 de2224391 himmelmoor, kummerfelder gehege und angrenzende fl chen * 766 9,8328 53,7336 de2225303 pinnau / gronau 56,6 9,8644 53,7142 de2226302 wohldorfer wald * 134 10,1483 53,705 de2226303 duvenstedter brook * 785 10,1678 53,725 de2226306 glasmoor 140 10,0447 53,7144 de2226307 wittmoor * 51 10,0769 53,7064 de2226391 alstersystem bis itzstedter see und nienwohlder moor * 1 165 10,1031 53,7728 de2227303 hansdorfer brook mit ammersbek * 292 10,1919 53,7136 de2227304 neuenteich und binnenhorster teiche 36 10,24 53,7667 de2227351 n rdlich tiergarten 51 10,3039 53,6992 de2306301 nationalpark nieders chsisches wattenmeer * 276 956,22 6,9203 53,6036 de2311331 ochsenweide, schafhauser wald und feuchtwiesen bei esens * 214,12 7,6081 53,6236 de2312331 teichfledermaus-habitate im raum wilhelmshaven 308,74 7,9897 53,4692 de2316331 unterweser * 3 512,14 8,4978 53,4244 de2317302 dorumer moor * 211 8,6406 53,6619 de2317331 extensivweiden n rdlich langen * 4,27 8,6144 53,6303 de2320331 westerberge bei rahden * 186,67 9,0947 53,6681 de2320332 osteschleifen zwischen kranenburg und nieder-ochtenhausen 49,55 9,1631 53,5592 de2322301 schwingetal * 1 961 9,4275 53,5531 de2322331 wasserkruger moor und willes heide * 56,73 9,3553 53,6656 de2323392 schleswig-holsteinisches elb stuar und angrenzende fl chen * 19 279,7 8,8681 53,8769 de2324302 schnaakenmoor 60 9,7611 53,6033 de2324303 holmer sandberge und buttermoor * 231 9,6986 53,6181 de2324304 nsg t vsmoor / haselauer moor * 154,65 9,7131 53,6453 de2325301 ohmoor 51 9,9689 53,6539 de2326301 wittmoor 139 10,0683 53,6972 de2327301 kammolchgebiet h ltigbaum / stellmoor 605 10,2228 53,6542 de2327302 stellmoorer tunneltal/h ltigbaum * 480 10,205 53,6256 de2408331 teichfledermaus-gew sser im raum aurich 57,95 7,5514 53,545 de2410301 ewiges meer, gro es moor bei aurich * 1 138 7,4383 53,5383 de2413331 upjever und sumpfmoor dose * 118,81 7,8897 53,5258 de2417370 weser bei bremerhaven 1 682 8,5583 53,5833 de2418301 sellstedter see und ochsentriftmoor * 527 8,7031 53,5344 de2418331 niederung von geeste und grove * 495,18 8,8875 53,5197 de2421331 hohes moor * 853,96 9,2514 53,5528 de2423301 feerner moor * 179 9,5069 53,5381 de2424302 m hlenberger loch/ne sand * 804 9,7825 53,5444 de2424303 rapfenschutzgebiet hamburger stromelbe 340 9,7919 53,5567 de2426301 boberger d ne und hangterrassen * 50 10,1514 53,5103 de2427302 talwald hahnenkoppel * 33 10,3031 53,5725 de2427391 bille * 217 10,3606 53,5725 de2428393 w lder im sachsenwald und schwarze au * 1 534 10,4394 53,5411 de2429301 birkenbruch s dlich gro pampau * 11 10,5569 53,5142 de2507301 hund und paapsand 2 557 6,9392 53,3819 de2507331 unterems und au enems * 7 376,81 7,1739 53,3281 de2509331 gro es meer, loppersumer meer 891,07 7,2925 53,4264 de2510331 ihlower forst * 327,48 7,4492 53,405 de2511331 fehntjer tief und umgebung * 2 496,99 7,4625 53,3728 de2511332 kollrunger moor und klinge * 479,85 7,7017 53,4383 de2513301 schwarzes meer * 16 7,8869 53,4139 de2513331 neuenburger holz * 664,39 7,9833 53,3853 de2516331 nebenarme der weser mit strohauser plate und juliusplate * 1 637,34 8,4797 53,3942 de2517301 placken-, k nigs- und stoteler moor * 481 8,6022 53,4214 de2517331 teichfledermaus-gew sser im raum bremerhaven/bremen * 448,63 8,5764 53,4531 de2518301 silbersee, laaschmoor, b lter see, b lter moor * 406 8,7792 53,4811 de2518331 niederungen von billerbeck und oldendorfer bach * 400,19 8,7933 53,3822 de2519301 wollingster see mit randmoor * 133 8,8711 53,4558 de2519331 malse * 80,2 8,965 53,4697 de2519332 franzhorn * 143,55 9,0056 53,4236 de2520331 oste mit nebenb chen * 3 720,15 9,1433 53,3689 de2520332 spreckenser moor 63,35 9,0986 53,4589 de2522301 auetal und nebent ler * 753 9,5381 53,4692 de2522302 braken * 639 9,4956 53,4233 de2522331 hahnenhorst * 65,24 9,3653 53,4139 de2523331 neuklosterholz * 240,64 9,6411 53,4747 de2524331 este, b tersheimer heide, gl singer bruch und osterbruch * 1 127,75 9,7239 53,3456 de2524332 este-unterlauf 7,03 9,7136 53,4911 de2525301 fischbeker heide * 763 9,8519 53,4506 de2525302 buchenw lder in rosengarten 257 9,8497 53,4106 de2526302 heuckenlock/schweenssand * 129 10,0469 53,4719 de2526303 die reit 63 10,1108 53,4764 de2526304 kirchwerder wiesen 858 10,1636 53,4342 de2526305 hamburger unterelbe * 739 10,0994 53,4533 de2526331 seeve * 884,11 9,9867 53,33 de2526332 elbe zwischen geesthacht und hamburg * 573,41 10,1053 53,4289 de2527302 nsg dalbekschlucht * 74 10,2969 53,4731 de2527303 borghorster elblandschaft * 230 10,2939 53,435 de2527391 besenhorster sandberge und elbinsel * 250 10,3286 53,4436 de2528301 gkss-forschungszentrum geesthacht 0,2 10,4272 53,4103 de2529306 g lzower holz 448 10,5028 53,4819 de2611331 heseler wald 26,81 7,6211 53,3019 de2613301 lengener meer, stapeler moor, baasenmeers-moor * 1 560 7,8706 53,3481 de2616331 dornebbe, braker sieltief und colmarer tief 13,35 8,3997 53,3417 de2617331 kuhlmoor, tiefenmoor * 40,75 8,615 53,3019 de2619302 springmoor, heilsmoor * 244 8,8494 53,3347 de2620301 huvenhoopssee, huvenhoopsmoor * 139 9,1047 53,3739 de2626331 gew ssersystem der luhe und unteren neetze * 2 479,4 10,1953 53,2478 de2627301 zollenspieker/kiebitzbrack * 109 10,1989 53,4008 de2627331 birken-eichenwald bei sangenstedt 36,07 10,2633 53,3478 de2628331 ilmenau mit nebenb chen * 5 381,85 10,5714 53,0925 de2710331 wolfmeer * 33,2 7,5056 53,2886 de2711331 magerwiese bei potshausen * 3,26 7,6192 53,2019 de2712331 holtgast 35,55 7,7111 53,2203 de2713331 wittenheim und silstro * 94,22 7,9517 53,2933 de2713332 garnholt * 31,58 8,0044 53,2458 de2714331 mansholter holz, schippstroht * 289,63 8,1264 53,2239 de2714332 elmendorfer holz * 28,18 8,03 53,2183 de2715301 ipweger moor, gellener torfm rte * 316 8,3336 53,2169 de2715331 eichenbruch, ellernbusch * 131,44 8,2408 53,2428 de2715332 funchsb sche, ipweger b sche * 93,8 8,2703 53,2244 de2716331 mittlere und untere hunte (mit barnef hrer holz und schreensmoor) 573,99 8,2011 53,1156 de2717301 heide und heideweiher auf der rekumer geest 23 8,55 53,2042 de2717331 garlstedter moor und heidhofer teiche * 307,78 8,6664 53,2717 de2717332 brundorfer moor * 11,26 8,6678 53,2439 de2718301 reithbruch * 73 8,7658 53,2203 de2718331 sch nebecker aue * 97,14 8,7053 53,22 de2718332 untere w mmeniederung, untere hammeniederung mit teufelsmoor * 4 153,32 8,8456 53,2367 de2720331 hepstedter b sche 109,26 9,0847 53,2769 de2721301 bullensee, hemelsmoor * 292 9,2256 53,2417 de2721331 borstgrasrasen bei badenstedt * 6,93 9,1875 53,2717 de2722331 sotheler moor * 66,99 9,4389 53,2175 de2723301 gro es moor bei wistedt * 157 9,6439 53,2836 de2723331 w mmeniederung * 8 578,95 9,4653 53,1639 de2724331 kauers wittmoor * 33,36 9,6733 53,2625 de2725301 l neburger heide * 23 286 9,9347 53,15 de2726331 garlstorfer und toppenstedter wald * 416,04 10,0628 53,2261 de2727331 laubw lder am einemhof und kranichmoor 94,05 10,265 53,2767 de2809331 ems * 8 216,66 7,2822 52,7056 de2811331 barger meer 7 7,6675 53,1903 de2812331 godensholter tief 85,26 7,8289 53,1694 de2812332 glittenberger moor * 28,61 7,8194 53,1108 de2813331 fintlandsmoor und d nikhorster moor * 240,05 7,8981 53,1717 de2814331 haaren und wold bei wechloy * 200,47 8,1294 53,1608 de2814332 everstenmoor * 112,4 8,14 53,1156 de2815331 sager meer, ahlhorner fischteiche und lethe * 868,95 8,1236 52,9494 de2817301 werderland 393 8,65 53,1417 de2817331 untere delme, hache, ochtum und varreler b ke 82,42 8,6619 53,1033 de2817370 weser zwischen ochtumm ndung und rekum 447 8,5917 53,1744 de2818301 grambker feldmarksee 22,6 8,7289 53,1556 de2818302 zentrales blockland 1 080 8,8042 53,1375 de2818304 lesum 108 8,6917 53,1653 de2819301 untere w mme 445 8,8667 53,1333 de2819302 kuhgrabensee 32,3 8,8458 53,1194 de2819370 hollerland * 290,9 8,8708 53,1222 de2820301 wiestetal, glindbusch, borchelsmoor * 837 9,2433 53,1481 de2822331 stellmoor und weichel * 219,8 9,3908 53,1408 de2824331 schwarzes moor und seemoor * 82,52 9,7342 53,1217 de2830331 buchen- und eichenw lder in der g hrde (mit breeser grund) * 805,08 10,8297 53,1222 de2830332 rotbauchunken-vorkommen strothe/almstorf 202,6 10,7036 53,0975 de2910301 krummes meer, aschendorfer obermoor * 784 7,4394 53,0239 de2911301 leegmoor 461 7,5553 52,9992 de2911302 esterweger dose * 1 236 7,6175 53,0778 de2912331 lahe 34,34 7,9619 53,0417 de2912332 ohe 22,68 7,6581 52,9825 de2913331 sandgrube pirgo 1,73 7,9022 53,0486 de2915331 tannersand und gierenberg * 29,65 8,2953 53,02 de2916301 hasbruch * 627,9 8,4917 53,0719 de2916331 st he * 209,18 8,4783 53,0067 de2917331 delmetal zwischen harpstedt und delmenhorst * 476,06 8,5592 52,9783 de2917332 stenumer holz 93,89 8,5656 53,0831 de2918302 binnensalzstelle rethriehen * 9 8,7569 53,0458 de2918331 steller heide 76,25 8,6831 53,0158 de2918370 niedervieland-stromer feldmark 424,5 8,6833 53,0958 de2918371 bremische ochtum 50 8,7583 53,0542 de2919331 sandtrockenrasen achim 57,23 8,9944 53,0206 de2919370 krietes wald (im holze) * 6 8,9611 53,0611 de2919371 parks in oberneuland * 27 8,9389 53,0972 de2921331 wolfsgrund * 43,36 9,3236 53,0242 de2921332 wedeholz 182,52 9,3356 53,01 de2922301 gro es und wei es moor * 435 9,3975 53,0572 de2923331 moor am schweinekobenbach * 63,78 9,5572 53,0433 de2924301 b hme * 1 711,71 9,7528 52,8869 de2924331 riensheide * 140,83 9,7458 53,0106 de2928331 bobenwald 212,58 10,4628 53,0183 de2929301 lohn 175 10,5619 53,0586 de2929331 kammmolch-biotop m hrgehege/oetzendorf 108,07 10,6419 53,0344 de2932301 maujahn * 37 11,0431 53,0947 de3010331 stillgew sser bei kluse 52,11 7,3642 52,9181 de3011331 windelberg 15,14 7,5114 52,9292 de3012301 markatal mit bockholter dose * 268 7,8258 52,9289 de3012331 langelt 50,1 7,7839 52,9289 de3013301 heiden und moore an der talsperre th lsfeld * 434 7,9403 52,9136 de3014302 nsg baumweg * 57 8,1422 52,8969 de3015331 d hler wehe 68,22 8,2558 52,9817 de3016301 poggenpohlsmoor * 114 8,3467 52,9583 de3018331 hachetal * 248,33 8,8331 52,865 de3018332 kammmolch-biotop bei syke * 159,97 8,7664 52,9206 de3019301 amphibienbiotop friedeholzer schlatt 17 8,8492 52,9278 de3019331 okeler sandgrube 3,53 8,8864 52,9472 de3021331 aller (mit barnbruch), untere leine, untere oker * 18 030,69 10,0964 52,6258 de3021332 sandgrube bei walle 5,31 9,2747 52,9839 de3021333 d nengebiet bei neum hlen * 54,3 9,2467 52,9408 de3021334 poggenmoor * 14,48 9,2839 52,9781 de3021335 mausohr-habitate n rdlich nienburg 175,1 9,2789 52,77 de3021336 mausohr-jagdgebiet lindhoop 31,76 9,3036 52,9381 de3022331 lehrde und eich * 762,76 9,4522 52,9139 de3023301 grundloses moor * 290 9,5456 52,9006 de3026301 rtze mit nebenb chen * 1 772 10,0933 52,8289 de3026302 moor- und heidegebiete im truppen bungsplatz munster-s d * 2 932 10,0592 52,9531 de3031331 konau bei braudel 46,73 10,8928 52,9942 de3110301 tinner dose, sprakeler heide * 3 955 7,3836 52,7972 de3115301 b ken der endeler und holzhauser heide * 508 8,3319 52,885 de3116301 herrenholz * 281 8,3686 52,7922 de3116302 pestruper gr berfeld 34 8,45 52,8775 de3117331 bassumer friedeholz * 56,72 8,6361 52,8672 de3118331 geestmoor und klosterbachtal * 376,86 8,7397 52,7839 de3118332 kammmolch-biotop bei bassum 4,54 8,6908 52,8556 de3120331 burckhardtsh he 104,95 9,0617 52,8153 de3120332 h gerdorn 57,12 9,1164 52,8267 de3122301 vehmsmoor * 256 9,4978 52,8631 de3124301 moor- und heidegebiete im truppen bungsplatz bergen-hohne * 7 101 9,8047 52,8017 de3125301 gro es moor bei becklingen * 783 9,9539 52,8747 de3126331 heiden und magerrasen in der s dheide * 630,59 10,1703 52,8114 de3127331 lutter, lachte, aschau (mit einigen nebenb chen) * 5 113,62 10,3492 52,7153 de3127332 l nsholz 171,77 10,3311 52,8367 de3129301 bullenkuhle * 2,55 10,5181 52,8144 de3130331 kammmolch-biotop nord stlich langenbr gge * 72,16 10,7331 52,8056 de3210301 stadtveen, kesselmoor, s d-tannenmoor * 30 7,4561 52,7528 de3210302 untere haseniederung * 2 119 7,4178 52,6786 de3216301 goldenstedter moor * 638 8,4086 52,7311 de3217331 wietingsmoor * 2 815,59 8,6475 52,7092 de3218331 rathloser geh ge 116,27 8,7436 52,7036 de3218332 pastorendiek und amphibiengew sser n rdlich schwaf rden * 44,06 8,8192 52,7531 de3221331 lichtenmoor * 359,01 9,3439 52,7225 de3224331 mei endorfer teiche, ostenholzer moor * 3 299,16 9,7731 52,7294 de3226301 bornriethmoor * 113 10,1022 52,7753 de3226331 entenfang boye und bruchbach * 297,41 10,0131 52,6917 de3227301 breites moor * 121 10,1786 52,7019 de3227331 kleingew sser bei dalle 5,21 10,3128 52,7858 de3229331 ise mit nebenb chen 272,34 10,5992 52,6367 de3230331 ohreaue * 199,55 10,8547 52,6814 de3231301 diesdorfer wohld * 136 10,8903 52,7728 de3309331 esterfelder moor bei meppen * 1,31 7,2569 52,6989 de3311301 hahnenmoor, hahlener moor, suddenmoor * 1 205 7,6603 52,6533 de3312331 b che im artland * 1 481,21 7,8228 52,5967 de3312332 b rsteler wald und teichhausen * 140,61 7,7169 52,6497 de3314331 wald bei burg dinklage * 118,31 8,1497 52,6572 de3315331 diepholzer moor * 459,24 8,3194 52,6 de3317301 neust dter moor * 1 989 8,6622 52,5883 de3318331 swinelake bei barenburg 19,8 8,8369 52,6156 de3319331 hohes moor bei kirchdorf * 630 8,8869 52,5894 de3319332 teichfledermaus-gew sser im raum nienburg * 687,09 9,0992 52,5172 de3320331 marklohe 7,03 9,1497 52,6711 de3321331 nienburger bruch * 112,48 9,2022 52,6022 de3322331 fledermauslebensraum bei rodewald 393,62 9,4567 52,6672 de3324331 hellern bei wietze * 65,83 9,8142 52,6106 de3326331 henneckenmoor bei scheuen * 36 10,1256 52,6867 de3329301 r ssenbergheide-k lsenmoor, heiliger hain * 418 10,5711 52,6542 de3329331 teichgut in der oerreler heide 52,23 10,5256 52,6289 de3329332 gro es moor bei gifhorn * 2 630,34 10,6469 52,5719 de3406301 itterbecker heide 109 6,7892 52,5167 de3409331 moorschlatts und heiden in wachendorf 109,9 7,2167 52,5506 de3410331 lingener m hlenbach und nebenbach 19,18 7,3647 52,5458 de3411331 pottebruch und umgebung * 158,81 7,6528 52,5058 de3411332 swatte poele 4,09 7,6428 52,55 de3414331 dammer berge * 772,24 8,1636 52,5408 de3415301 d mmer * 2 965 8,335 52,4992 de3416301 rehdener geestmoor * 1 737 8,5025 52,5747 de3416302 oppenweher moor * 394 8,5069 52,5175 de3417301 oppenweher moor 471,51 8,5247 52,5022 de3418301 renzeler moor * 467 8,7475 52,5778 de3420331 steinhuder meer (mit randbereichen) * 5 371,31 9,3706 52,4844 de3421301 rehburger moor * 1 188 9,235 52,5225 de3421331 h fern 50,42 9,2969 52,5281 de3423331 helstorfer, otternhagener und schwarzes moor * 1 663,61 9,6067 52,5253 de3424301 bissendorfer moor * 583 9,6872 52,5072 de3424331 quellwald bei bennem hlen * 15,5 9,7206 52,5717 de3425301 trunnenmoor * 171 9,8806 52,5347 de3426301 brand * 464 10,1 52,5236 de3427301 bohlenbruch 171 10,2339 52,5319 de3427331 erse * 75,68 10,2372 52,4689 de3430301 vogelmoor * 273 10,7697 52,5486 de3431302 obere ohre * 7 10,9822 52,5594 de3431331 dr mling * 4 224,26 10,9183 52,4886 de3433301 jeggauer moor * 54 11,1717 52,5436 de3507301 h gelgr berheide halle-hesingen 20 6,8789 52,4517 de3508301 heseper moor, engdener w ste 795 7,1931 52,4356 de3508331 tillenberge 94,03 7,1264 52,4022 de3511301 koffituten * 20,27 7,6683 52,4406 de3512301 finkenfeld und wiechholz * 269,68 7,6786 52,4489 de3513331 darnsee * 15,8 8,0003 52,4219 de3514331 geh lze bei epe 7,18 8,0314 52,4372 de3515331 grenzkanal 0,35 8,3156 52,4067 de3516301 stemweder berg 268,08 8,46 52,4589 de3516302 grabensystem tiefenriede 15,4 8,3147 52,4083 de3517301 schnakenpohl 6,61 8,5511 52,4175 de3517302 gro e aue * 231,16 8,6419 52,4931 de3517303 kirche in rahden mit wochenstube des gro en mausohr 0,06 8,6147 52,4347 de3518301 wei es moor * 45,56 8,6942 52,4314 de3518302 osterwald 112,63 8,7003 52,3936 de3518331 feuchtwiese bei diepenau * 0,53 8,7708 52,3997 de3520331 s ndern bei loccum * 306,34 9,1564 52,4419 de3520332 schaumburger wald 1 496,92 9,1636 52,3897 de3522331 feuchtgebiet 'am wei en damm' * 20,4 9,4511 52,4017 de3525331 altwarmb chener moor * 1 221,67 9,9183 52,4222 de3526331 fuhse-auwald bei uetze (herrschaft) * 149,99 10,1822 52,4867 de3527332 kammmolch-biotop plockhorst 40,29 10,2886 52,4461 de3528301 fahle heide, gifhorner heide * 355,5 10,4894 52,4731 de3528331 maa el 188,56 10,4931 52,4003 de3531301 stauberg n rdlich oebisfelde 12 10,9947 52,4675 de3532301 grabensystem dr mling 779 11,1275 52,4675 de3533301 dr mling * 4 328 11,0108 52,5125 de3608301 syen-venn * 201 7,1122 52,3636 de3608302 bentheimer wald * 780 7,1675 52,3231 de3608331 weiher am syenvenn 9,52 7,1139 52,3533 de3609301 berger keienvenn 5,7 7,2672 52,3717 de3609302 ahlder pool * 37 7,2692 52,345 de3609303 samerrott 313 7,2775 52,3075 de3610301 gutswald stovern 114 7,3422 52,3108 de3611301 heiliges meer - heupen 230,57 7,6572 52,3569 de3612301 mettinger und recker moor * 426,26 7,75 52,385 de3614331 mausohr-wochenstubengebiet osnabr cker raum 0,1 8,0628 52,3881 de3615331 hunte bei bohmte 8,87 8,3256 52,3547 de3618302 mindenerwald 519,68 8,8092 52,3892 de3619301 heisterholz 467,85 8,9411 52,3508 de3622331 mausohr-wochenstube bei barsinghausen 0,06 9,4761 52,3661 de3623331 binnensalzstelle am kaliwerk ronnenberg * 1,74 9,6503 52,3133 de3623332 laubw lder s dlich seelze * 473,56 9,58 52,3578 de3624331 leineaue zwischen hannover und ruthe * 967,84 9,8014 52,2858 de3625331 bockmerholz, gaim * 1 094,92 9,8842 52,325 de3625332 mergelgrube bei hannover 18,05 9,8703 52,3828 de3626301 hahnenkamp 45 10,0175 52,3453 de3626331 h meler wald 1 019,67 10,0836 52,3481 de3627331 binnensalzstelle klein oedesse * 6,74 10,2233 52,3842 de3627332 meerdorfer holz 363,01 10,3247 52,3694 de3629301 eichen-hainbuchenw lder zwischen braunschweig und wolfsburg * 1 324 10,6472 52,3597 de3630301 beienroder holz * 547 10,7133 52,3317 de3630331 rieseberger moor * 159,75 10,8083 52,2931 de3630332 sundern bei boimstorf 176,73 10,7853 52,3069 de3631331 pfeifengras-wiesen und binnensalzstelle bei grasleben * 100,94 10,9858 52,3097 de3633301 spetze und krummbek im ohre-aller-h gelland 23 11,1783 52,3742 de3633302 silberkuhle bei bodendorf 0,01 11,2886 52,3033 de3634301 kl dener pax-wanneweh stlich calv rde * 1 162 11,3392 52,3939 de3634302 kirche in b lstringen 0,01 11,345 52,3197 de3708302 gildehauser venn * 645 7,0975 52,2581 de3708303 r enberger venn * 25,43 7,0744 52,2422 de3708331 kleingew sser achterberg 2,77 7,07 52,2819 de3709301 harskamp 73,63 7,2161 52,2514 de3709302 salzbrunnen am rothenberg * 0,48 7,2689 52,2339 de3709303 schnippenpohl 5,48 7,2414 52,2356 de3709304 feuchtwiese ochtrup * 11,71 7,18 52,2522 de3709305 stollen im rothenberg bei wettringen 0,33 7,2664 52,2206 de3710301 zachhorn 21,49 7,5008 52,2742 de3711301 emsaue * 2 721,33 7,4872 52,2494 de3724331 hallerburger holz * 171,29 9,7058 52,1919 de3724332 linderter und stamstorfer holz 105,06 9,6828 52,27 de3727331 klein lafferder holz 89,34 10,2869 52,2331 de3729301 pfeifengras-wiese bei schapen, schapener forst 89 10,6267 52,2886 de3729331 w lder und kleingew sser zwischen mascherode und cremlingen * 659,32 10,6339 52,24 de3729332 riddagsh user teiche * 496,2 10,5919 52,2736 de3730301 rieseberg * 177 10,7683 52,2875 de3730303 nordwestlicher elm * 1 460 10,7728 52,2139 de3730331 pfeifengraswiese wohld 85,22 10,6867 52,2917 de3730332 roter berg (mit lenebruch, heiligenholz und f nfgemeindeholz) * 134,46 10,7306 52,2697 de3730333 lutterlandbruch 83,73 10,8389 52,2856 de3731331 dorm * 677,2 10,8811 52,2753 de3732301 lappwald s dwestlich walbeck * 512 11,0525 52,2622 de3732302 bartenslebener forst im aller-h gelland 204 11,1219 52,2644 de3732303 w lder und pfeifengras-wiesen im s dl. lappwald * 728 11,0519 52,2469 de3732304 zisterne weferlingen 0,01 11,0297 52,295 de3732305 marienborn 81 11,1039 52,2033 de3733301 w lder am flechtinger h henzug 1 031 11,1947 52,2839 de3806301 l ntener fischteich u. ammeloer venn * 287,58 6,7839 52,1169 de3807301 amtsvenn u. h ndfelder moor * 894,38 6,9622 52,1639 de3807302 witte venn, krosewicker grenzwald * 28,73 6,7231 52,0747 de3807303 graeser venn - gut moorhof * 79,08 6,9908 52,1542 de3808301 eper-graeser venn/ lasterfeld 210,57 7,0219 52,1489 de3809301 alter bierkeller bei ochtrup 0,15 7,1794 52,1925 de3809302 vechte * 139,38 7,2231 52,0825 de3810301 emsdettener venn und wiesen am max-clemens-kanal * 478,72 7,4714 52,17 de3810302 bagno mit steinfurter aa 466,38 7,3572 52,1158 de3811301 eltingm hlenbach * 309,06 7,6642 52,1314 de3811302 wentruper berge 61,71 7,5986 52,1125 de3811303 hanfteich 4,42 7,6525 52,1692 de3823331 hallerbruch * 212,44 9,5936 52,1864 de3824331 limberg bei elze * 169,5 9,69 52,1311 de3824332 leineaue unter dem rammelsberg * 189,14 9,7653 52,1158 de3824333 saale mit nebengew ssern * 39,83 9,5906 52,0608 de3825332 mausohr-wochenstubengebiet hildesheimer bergland 0,24 9,7772 52,0856 de3827331 berelries 124,24 10,2153 52,1756 de3829301 asse * 648 10,6647 52,1403 de3830301 heeseberg-gebiet * 277 10,8497 52,0889 de3833301 salzstelle wormsdorf * 3 11,1914 52,14 de3906301 zwillbrocker venn u. ellewicker feld 245,84 6,7047 52,0461 de3907301 schwattet gatt 61,33 6,8656 52,0847 de3907303 wacholderheide h rsteloe 8,67 6,9103 52,0983 de3908301 liesner wald 205,07 7,0119 52,0139 de3909301 herrenholz und sch ppinger berg 193,34 7,2733 52,1086 de3909302 wald bei haus burlo 132,07 7,2594 52,0422 de3910301 steinfurter aa 31,23 7,3953 52,0644 de3911302 hanseller floth 16,22 7,5717 52,0572 de3912301 gro e bree * 63,01 7,7103 52,0314 de3915301 ruthebach, laibach, loddenbach, nordbruch * 473,89 8,2806 52,0328 de3915302 barrelp ule 6,53 8,2528 52,0142 de3915303 tatenhauser wald bei halle * 176,99 8,3286 52,0469 de3929331 harly, ecker und okertal n rdlich vienenburg * 681,91 10,5172 51,9733 de3930301 fallsteingebiet n rdlich osterwieck 1 390 10,7194 52,0094 de3930331 grabensystem gro es bruch 76,31 10,9392 52,0606 de3932301 gro es bruch bei wulferstedt 86 11,1481 52,0286 de3933301 hohes holz bei eggenstedt * 825 11,2242 52,0869 de4006301 burlo-vardingholter venn und entenschlatt * 100,22 6,7475 51,905 de4008301 berkel * 728,13 7,1922 51,9764 de4008302 f rstenkuhle im weissen venn 87,98 7,0511 51,9086 de4008304 felsbachaue * 13,29 7,1297 51,9725 de4009301 roruper holz mit kestenbusch * 255,2 7,2456 51,9189 de4009303 sundern * 11,57 7,22 51,9917 de4010301 bombecker aa * 149,02 7,3469 51,9906 de4010302 baumberge 396,47 7,3994 51,9558 de4010303 brunnen meyer 2,11 7,3769 51,9667 de4012301 wolbecker tiergarten 287,67 7,7456 51,9103 de4012302 heidbusch 106,99 7,8403 51,9481 de4013301 emsaue, kreise warendorf und g tersloh * 1 307,95 7,7883 51,9861 de4013303 wartenhorster sundern s d stlich von everswinkel 76,26 7,8808 51,9125 de4014301 tiergarten, erweiterung schachblumenwiese * 90,71 8,0597 51,9911 de4014302 wald stlich freckenhorst 50,66 8,0122 51,9292 de4029301 ecker- und okertal * 267 10,6511 51,8914 de4029302 stimmecke bei suderode * 5,7 10,6217 51,9808 de4029331 stimmecke bei suderode (nieders chsischer teil) 0,4 10,6281 51,9569 de4031301 huy n rdlich halberstadt * 2 005 10,9814 51,9572 de4101301 wyler meer (teilfl che des nsg d ffel) * 25,54 5,9567 51,8197 de4102302 nsg salmorth, nur teilfl che * 932,07 6,1231 51,8403 de4103301 dornicksche ward * 143,36 6,2803 51,82 de4103302 nsg emmericher ward * 248,29 6,1972 51,8386 de4103303 nsg kellener altrhein, nur teilfl che, mit erweiterung * 19,49 6,1789 51,8033 de4104301 nsg hetter-millinger bruch, mit erweiterung 660,77 6,345 51,8469 de4104302 nsg bienener altrhein, millinger u. hurler meer u. nsg empeler m. * 648,65 6,3492 51,8142 de4104304 klevsche landwehr, anholt. issel, feldschlaggr. u. regnieter bach 3,82 6,4094 51,8558 de4108301 schwarzes venn * 39,54 7,0153 51,8661 de4108303 wei es venn / geisheide * 1 298,02 7,1767 51,8175 de4109301 teiche in der heubachniederung 331,92 7,2219 51,8117 de4111301 venner moor * 147,43 7,5419 51,8597 de4111302 davert * 2 226,29 7,6264 51,855 de4112301 waldgebiet brock 76,24 7,7222 51,8364 de4113301 br ckerholz 36,45 7,9497 51,82 de4113302 waldgebiet kettelerhorst 155,7 7,8636 51,8792 de4114301 bergeler wald * 104,65 8,1631 51,8097 de4114302 vellerner brook und hoher hagen 145,87 8,0703 51,8069 de4114303 geisterholz 299,06 8,1119 51,835 de4115302 stadtholz in rheda 52,5 8,2631 51,8467 de4117301 senneb che * 95,69 8,5961 51,8842 de4117302 holter wald * 313,76 8,5764 51,8975 de4118301 senne mit stapelager senne * 11 735,02 8,6914 51,8064 de4118303 strotheniederung 93,87 8,8422 51,8197 de4129301 rohnberg, westerberg und k hlerholz bei ilsenburg * 448 10,6658 51,8656 de4131301 ziegenberg, augstberg und horstberg bei benzingerode * 146 10,8939 51,8275 de4131302 heers bei blankenburg 109 10,9628 51,8178 de4132301 harslebener berge und steinholz nordwestlich quedlinburg * 261 11,0903 51,8272 de4132302 hoppelberg bei langenstein 55 11,0056 51,8392 de4132303 sand-silberscharten-standorte bei quedlinburg * 12,88 11,11 51,8058 de4202301 nsg kranenburger bruch 118,47 6,0381 51,7878 de4202302 reichswald 582,74 6,0556 51,7492 de4203301 wisseler d nen 70,97 6,3025 51,7706 de4203302 kalflack * 61,96 6,2425 51,7914 de4203303 nsg grietherorter altrhein * 472,28 6,3303 51,7975 de4204301 nsg reeser schanz * 71,13 6,4117 51,7439 de4204302 nsg lohwardt/reckerfeld, h bsche gr ndort, nur teilfl., mit erw. * 121,44 6,4161 51,7206 de4204303 nsg altrhein reeser eyland, mit erweiterung * 45,35 6,4353 51,7581 de4204305 nsg sonsfeldsche bruch, hagener meer und d ne, mit erweiterung 60,97 6,4828 51,7542 de4204306 nsg gut grindt u. nsg rheinaue zw. km 830,7 - 833,2, nur teilfl. * 115,96 6,4314 51,7067 de4205301 grosses veen 90,28 6,5575 51,7153 de4205302 diersfordter wald/ schnepfenberg * 579,75 6,5433 51,7092 de4206301 d mmer wald 209,82 6,8028 51,7186 de4207301 lichtenhagen * 99,9 6,8408 51,7108 de4207302 fter mark 33,9 6,9003 51,7406 de4207303 kranenmeer 9,79 6,95 51,7858 de4207304 wienbecker m hle 1,62 6,9961 51,7244 de4208301 bachsystem des wienbaches 40,5 6,9558 51,7264 de4208302 holtwicker wacholderheide 5,66 7,1275 51,7514 de4209301 gagelbruch borkenberge * 88,3 7,2717 51,7767 de4209302 lippeaue * 2 415,85 7,0544 51,6878 de4209303 westruper heide 77,96 7,2369 51,7375 de4209304 truppen bungsplatz borkenberge * 1 715,69 7,2828 51,7683 de4210302 stever 14,78 7,4044 51,7108 de4211301 w lder nordkirchen * 325,63 7,5569 51,7378 de4212301 oestricher holt 299,47 7,8333 51,7383 de4213301 lippeaue zwischen hangfort und hamm 613,84 7,9108 51,7019 de4213302 uentroper wald * 242,85 7,9722 51,7258 de4213303 am vinckewald / d ppe * 8,93 7,9847 51,7906 de4214301 stockumer holz 369,93 8,0469 51,7089 de4214302 steinbruch vellern * 13,68 8,0519 51,7911 de4214303 liese- und boxelbachtal * 50,19 8,1272 51,755 de4216301 margarethensee 19,91 8,3608 51,6989 de4216302 scheelenteich 2,87 8,4475 51,7289 de4218301 tallewiesen 49,77 8,76 51,7558 de4218302 langenbergteich 1,61 8,6922 51,7939 de4232301 teufelsmauer n rdlich thale * 18 11,0725 51,7617 de4232303 kalkflachmoor im helsunger bruch * 20 11,0156 51,7831 de4232304 m nchenberg bei stecklenberg * 96 11,0975 51,7394 de4232305 marktkirche quedlinburg 0,01 11,1419 51,7903 de4303301 erlenw lder bei gut hovesaat 7,79 6,2064 51,6681 de4304301 uedemer hochwald 422,67 6,3636 51,6742 de4304302 nsg rheinaue bislich-vahnum, nur teilfl che 67,08 6,4828 51,6756 de4305301 nsg bislicher insel, nur teilfl che * 1 002,02 6,5075 51,6514 de4305302 nsg weseler aue * 31,03 6,5983 51,6786 de4305303 nsg rheinvorland bei perrich * 51,17 6,5767 51,6561 de4305304 schwarzes wasser 100,28 6,5836 51,6972 de4305305 nsg droste woy und nsg westerheide * 17,11 6,5158 51,6717 de4306301 nsg lippeaue bei damm u. bricht und nsg loosenberge, nur teilfl. * 582,75 6,7975 51,6678 de4306302 nsg - komplex in den drevenacker d nen, mit erweiterung * 304,78 6,6908 51,6536 de4306303 kaninchenberge 104,08 6,6961 51,6272 de4306304 gartroper m hlenbach * 143,39 6,8464 51,6469 de4306305 stollbach * 15,78 6,7592 51,6211 de4307301 postwegmoore u. r tterberg-nord 94,65 6,9164 51,6508 de4307302 steinbach 13,36 6,8494 51,6686 de4309301 die burg * 143,32 7,1728 51,6614 de4311301 in den k mpen, im mersche und langerner hufeisen * 127,63 7,5383 51,6125 de4311302 disselkamp, lippeaue s dlich waterhues und unterlauf beverbach 103,78 7,5986 51,6406 de4311303 beversee 99,41 7,6386 51,6389 de4311304 w lder bei cappenberg * 672,9 7,5531 51,6631 de4312301 lippe zwischen hamm und werne * 117,64 7,6736 51,6619 de4313301 geithe 118,58 7,9136 51,6817 de4313302 w lder um welver 281,25 7,9664 51,63 de4314301 ahsewiesen 372,13 8,0442 51,6361 de4314302 teilabschnitte lippe- unna, hamm, soest, warendorf * 1 122,14 7,6039 51,6406 de4314303 berkenkamp und quabbeaue 211,12 8,1022 51,6919 de4315301 lusebredde, hellingh user wiesen und klostermersch 591,64 8,2836 51,6686 de4315302 manninghofer bach sowie gieseler und muckenbruch 120,82 8,3522 51,6392 de4315304 woeste und eichenbuchenwald bei ostinghausen 61,45 8,1931 51,6386 de4315305 haus d sse 0,07 8,1931 51,6386 de4317302 rabbruch und osternheuland 586,09 8,4867 51,6586 de4317303 heder mit th ler moorkomplex * 450,23 8,5517 51,7 de4404301 fleuthkuhlen * 583,99 6,3347 51,555 de4404302 niederkamp 145,98 6,4919 51,5228 de4405301 rhein-fischschutzzonen zwischen emmerich und bad honnef * 2 335,78 6,6156 51,5764 de4405302 nsg rheinvorland n rdl. der ossenberger schleuse, nur teilfl che 16,56 6,5903 51,5781 de4405303 nsg rheinvorland im orsoyer rheinbogen, mit erweiterung * 397,01 6,6386 51,5686 de4406301 nsg rheinaue walsum * 521,14 6,6992 51,5431 de4407301 kirchheller heide und hiesfelder wald * 708,93 6,8353 51,5808 de4407302 k llnischer wald 187,31 6,8989 51,5561 de4407303 heidesee in der kirchheller heide 54,28 6,8772 51,5808 de4413302 laubwald bei haus westrich * 2,65 7,8672 51,5489 de4414301 b ecke und hiddingser schledde 190,89 8,1142 51,5286 de4416301 p ppelsche tal * 449,87 8,3731 51,5636 de4416302 eringerfelder wald und pr venholz 396,97 8,5061 51,5942 de4503301 hangmoor damerbruch * 8,91 6,2364 51,4119 de4504301 staatsforst rheurdt / littard 144,68 6,4978 51,4592 de4504302 tote rahm * 94,53 6,4714 51,4033 de4603301 krickenbecker seen - kl. de witt-see * 1 255,41 6,2472 51,3178 de4604301 nette bei vinkrath 9,81 6,3286 51,4022 de4605301 latumer bruch mit buersbach, stadtgr ben und wasserwerk * 297,74 6,6547 51,3181 de4605302 egelsberg 72,15 6,5828 51,3894 de4606301 die spey * 106,35 6,7022 51,3358 de4606302 ueberanger mark 327,56 6,7997 51,3369 de4702301 elmpter schwalmbruch * 285,7 6,1167 51,2289 de4702302 w lder und heiden bei br ggen-bracht * 1 611,78 6,1444 51,2708 de4703301 tantelbruch mit elmpter bachtal und teilen der schwalmaue * 236,09 6,2178 51,2369 de4706301 ilvericher altrheinschlinge * 311,27 6,6681 51,2794 de4802301 l sekamp und boschbeek * 253,41 6,0825 51,1781 de4802302 meinweg mit ritzroder d nen 188,38 6,17 51,1758 de4803301 schwalm, knippertzbach, raderveekes u. l ttelforster bruch * 718,72 6,2808 51,1767 de4803302 schaagbachtal * 149,87 6,1847 51,125 de4803303 helpensteiner bachtal-rothenbach * 162,66 6,1958 51,1478 de4806303 knechtstedener wald mit chorbusch 1 177,64 6,7489 51,085 de4806304 nsg uedesheimer rheinbogen * 91,97 6,7772 51,1833 de4806305 wahler berg 8,68 6,8122 51,1244 de4807301 urdenbach - kirberger loch - zonser grind * 705,77 6,8597 51,1383 de4807302 hilden - sp rkelnbruch * 107,79 6,9547 51,1903 de4807303 ohligser heide * 136,41 6,9733 51,1597 de4807304 further moor * 43,44 6,9825 51,1069 de4907301 worringer bruch * 163,66 6,8575 51,0503 de5002301 teverener heide 447,94 6,0278 50,9447 de5003301 kellenberg und rur zwischen flossdorf und broich * 213,25 6,3097 50,9525 de5004301 lindenberger wald 103,02 6,4281 50,9186 de5006301 k nigsdorfer forst 329,34 6,7433 50,9433 de5008301 thielenbruch * 62,49 7,0842 50,9872 de5102301 wurmtal s dlich herzogenrath * 436,9 6,1028 50,8372 de5102302 wurmtal n rdlich herzogenrath * 18,84 6,0778 50,89 de5104301 indem ndung * 91,76 6,3686 50,8994 de5105301 dickbusch, loersfelder busch, steinheide 448,03 6,6628 50,8833 de5105302 n rvenicher wald 224,33 6,6617 50,8264 de5106301 kerpener bruch und parrig * 328,85 6,7033 50,8986 de5107302 waldseenbereich theresia 41,05 6,845 50,8756 de5107304 heider bergsee und schluchtsee in der ville-seenkette 26,28 6,8644 50,8267 de5107305 ober-, mittel- und untersee in der ville-seenkette 58,19 6,8511 50,8142 de5108301 wahner heide * 2 864,52 7,1792 50,865 de5109303 sandgrube seligenthal 23,32 7,2764 50,8047 de5205301 drover heide * 598,47 6,5353 50,7314 de5207301 waldville 1 129,12 6,9561 50,6761 de5207303 altwald ville 66,2 6,8481 50,7947 de5207304 villew lder bei bornheim 724,62 6,8719 50,7789 de5208301 siegaue und siegm ndung * 564,36 7,1214 50,7778 de5305305 ginnicker bruch 3,01 6,5739 50,6961 dk009x061 kongens mose og draved skov * 783 8,9525 55,015556 dk009x070 fr slev mose * 409 9,262222 54,823333 dk009x179 lindet skov, h nning mose, h nning plantage og lovrup skov * 2 325 8,93 55,160278 dk009x181 s lsted mose * 155 8,849722 55,031111 dk009x182 vid med till b, rudb l s og magisterkogen * 603 8,959444 54,940833 dk009x281 mandbjerg skov * 59 9,060833 55,156944 dk009x346 brede * 36 8,782222 55,090833 dk00ax048 hedeomr der ved store r bjerg * 623 9,031389 55,723333 dk00ax054 vejen mose * 461 9,089722 55,505278 dk00ax172 bl bjerg egekrat, lyngbos hede og henneg rds klitter * 694 8,190833 55,753611 dk00ax173 kallesm rsk hede, gr rup langs , fiils og k rg rd klitplantage * 11 636 8,191111 55,646111 dk00ax174 n rreb k ved tvilho * 42 8,906111 55,5675 dk00ax175 n rholm hede, n rholm skov og varde st for varde * 991 8,598333 55,6725 dk00ax177 sneum og holsted dal * 570 8,992778 55,521111 dk00ax178 konge * 805 8,963611 55,429167 dk00ax291 alslev dal * 457 8,503611 55,586944 dk00ay176 vadehavet med ribe , tved og varde vest for varde * 134 760 8,552778 55,196389 dk00bx170 vre grejs dal * 886 9,457222 55,743333 dk00bx289 ringive kommuneplantage * 145 9,101111 55,796111 dk00bx290 egtved dal * 1 043 9,278333 55,638333 dk00bx293 holtum dal, vre del * 168 9,351944 55,964444 dk00by165 harrild hede, ulvemosen og heder i n rlund plantage * 2 349 9,183889 56,035556 dk00by171 randb l hede og klitter i frederiksh b plantage * 958 9,155556 55,661667 dk00cx037 borris hede * 4 750 8,695833 55,9175 dk00cx042 s nder feldborg plantage 120 8,964722 56,323333 dk00cx158 sk ns og tranemose * 84 8,840556 56,515833 dk00cx159 heder og klitter p skovbjerg bakke * 1 720 8,511389 56,263056 dk00cx160 nissum fjord * 10 967 8,333611 56,367778 dk00cx161 stadil fjord og vest stadil fjord * 6 903 8,205278 56,189167 dk00cx162 skjern * 2 580 8,868889 55,958333 dk00cx164 mose ved karstoft 26 9,084167 55,880278 dk00cx259 kimmelk r landkanal 3 8,2625 56,184167 dk00cx270 husby s og n rres 352 8,210278 56,262222 dk00cx277 l nborg hede * 353 8,457222 55,864444 dk00cx278 husby klit * 493 8,1325 56,259167 dk00cx285 flynder og heder i klosterhede plantage * 561 8,368889 56,478056 dk00cx286 idom og ormstrup hede * 494 8,500833 56,312778 dk00cx292 ovstrup hede med r jen b k * 484 8,93 56,246389 dk00cy040 ven , ven sund * 2 926 8,651111 56,55 dk00cy157 sk rs 12 8,854167 56,548333 dk00cy163 ringk bing fjord og nymindestr mmen * 27 684 8,273056 55,921111 dk00dy294 stenholt skov og stenholt mose * 340 9,368611 56,202222 dk00dz153 sepstrup sande, vrads sande, velling skov og palsg rd skov * 5 572 9,464167 56,035556 dk00ex017 lvand klithede og f rby s * 838 8,424444 56,944722 dk00ex025 vangs hede * 1 408 8,456111 57,004444 dk00ex026 dr by vig * 1 678 8,866389 56,868056 dk00ex129 vullum s * 132 8,7975 57,081944 dk00ex130 hanstholm reservatet, nors s og vandet s * 5 738 8,587778 57,060278 dk00ex132 hvidbjerg , ove s og rum s * 1 572 8,421944 56,856111 dk00ex135 k s hoved * 396 8,695 56,614167 dk00ex258 m gerodde og karby odde * 497 8,557222 56,770833 dk00ex265 klitheder mellem stenbjerg og lodbjerg * 2 918 8,297778 56,843056 dk00ex266 lild strand og lild strandk r * 749 8,911944 57,128333 dk00ex268 kors knude * 20 8,773611 57,074167 dk00ex283 hanstholmknuden * 388 8,729167 57,100833 dk00ex284 risum enge og selde vig * 322 9,016389 56,791944 dk00ex287 kongenshus hede * 1 570 9,135278 56,380278 dk00ey124 l gst r bredning, vejlerne og bulbjerg * 44 768 9,0425 57,0025 dk00ey133 agger tange, nissum bredning, skibsted fjord og ager * 25 583 8,609722 56,661667 dk00ey136 s nder lem vig og geddal strandenge * 1 115 8,784167 56,556389 dk00ey144 karup * 1 108 9,002778 56,436667 dk00ey145 hjelm hede, flynders og stubberg rd s * 2 170 8,900278 56,475 dk00ey288 hessellund hede * 1 123 9,099167 56,321667 dk00fx121 svinkl v klitplantage og gr nne strand * 1 094 9,300556 57,142778 dk00va257 jyske rev, lillefiskerbanke 24 083 6,745833 56,849722 dk00va258 store rev 10 892 9,271944 57,705 dk00va259 gule rev 47 059 8,176667 57,316389 dk00va301 l nstrup r dgrund 9 283 9,666389 57,454722 dk00va302 knudegrund 748 9,905556 57,595556 dk00va340 sandbanker ud for thybor n 6 325 8,025 56,74 dk00va341 sandbanker ud for thorsminde 6 364 8,054444 56,345556 dk00va347 sydlige nords 246 296 7,434167 55,363333 dk00va348 thybor n stenvolde 7 804 7,759722 56,6375 es0000001 illas c es * 990,35 8,9044 42,2167 es0000003 picos de europa * 23 777,54 4,9553 43,1526 es0000054 somiedo * 29 144,9462 6,2492 43,0971 es0000122 aritzakun-urritzate-gorramendi * 6 032,48 1,4294 43,2288 es0000210 alto sil * 43 768,18 6,3641 42,9171 es0000317 penarronda-barayo * 4 267,0563 86,66 6,7998 43,5619 es0000319 r a de ribadesella-r a de tinamayor * 5 787,8812 88 4,6541 43,407 es1110001 ortigueira - mera * 3 867,81 7,8352 43,7031 es1110002 costa rtabra * 7 545,87 7,9548 43,7181 es1110003 fragas do eume * 9 127,11 7,9934 43,3812 es1110004 encoro de abegondo - cecebre * 528,56 8,2628 43,2715 es1110005 costa da morte * 11 809,36 9,2448 42,8683 es1110006 complexo h mido de corrubedo * 9 262,87 9,0903 42,5306 es1110007 betanzos - mandeo * 1 020,09 8,1173 43,2519 es1110008 carnota - monte pindo * 4 673,85 9,1189 42,8902 es1110009 costa de dexo * 346,53 8,3275 43,3991 es1110010 estaca de bares * 851,54 7,6967 43,7683 es1110011 esteiro do tambre * 1 581,5 8,9019 42,8078 es1110012 monte e lagoa de louro * 1 095,75 9,1149 42,7609 es1110013 xubia - castro * 2 074,33 8,0241 43,4797 es1110014 serra do care n * 6 661,68 7,9556 42,9214 es1110015 r o anll ns * 161,98 8,8371 43,2319 es1110016 r o tambre * 583,25 8,4401 42,963 es1120001 ancares - courel * 102 634,51 6,9657 42,8758 es1120002 r o eo * 982,06 7,0455 43,5208 es1120003 parga - ladra - t moga * 4 939,08 7,5689 43,1648 es1120004 a marronda * 1 239,06 7,2157 43,1024 es1120005 as catedrais * 297,46 7,1226 43,5531 es1120006 carballido * 4 827,93 7,1523 43,2856 es1120007 cruzul - ag eira * 651,63 7,1542 42,8467 es1120008 monte faro * 2 988,13 7,8906 42,6288 es1120009 monte maior * 1 247,11 7,5364 43,6415 es1120010 negueira * 4 547,23 6,8693 43,1355 es1120011 r a de foz - masma * 643,21 7,2604 43,5483 es1120012 r o landro * 127,19 7,6175 43,6287 es1120013 r o ouro * 108,92 7,4217 43,5318 es1120015 serra do xistral * 22 963,9 7,5767 43,4564 es1120016 r o cabe * 1 786,92 7,4006 42,6441 es1120017 costa da mari a occidental * 491,24 7,6297 43,7237 es1130001 baixa limia * 33 921,45 7,9855 41,9004 es1130002 macizo central * 46 985,65 7,2858 42,2175 es1130003 bidueiral de montederramo * 1 983,82 7,4912 42,2229 es1130004 pena veidosa * 2 321,07 7,9303 42,5286 es1130005 r o t mega * 630,46 7,4149 41,9235 es1130006 veiga de ponteli ares * 159,75 7,8504 42,0423 es1140001 sistema fluvial ulla - deza * 1 633,2 8,4957 42,7569 es1140002 r o l rez * 149,55 8,604 42,4519 es1140003 a ramallosa * 91,98 8,8191 42,1177 es1140004 complexo ons - o grove * 7 606,64 8,9099 42,382 es1140005 monte aloia * 782,89 8,68 42,0822 es1140006 r o tea * 356,38 8,4373 42,212 es1140007 baixo mi o * 2 870,95 8,7096 42,9829 es1140008 bra as de xestoso * 1 077,12 8,3286 42,6784 es1140009 cabo udra * 623,03 8,8284 42,324 es1140010 costa da vela * 1 418,85 8,868 42,2773 es1140011 g ndaras de budi o * 727,09 8,6291 42,0622 es1140012 illas estelas * 725,26 8,8597 42,15 es1140013 serra do cand n * 10 699,06 8,243 42,5715 es1140014 serra do cando * 5 458,33 8,3887 42,466 es1140015 sobreirais do arnego * 1 123,6 8,0893 42,7677 es1140016 enseada de san sim n * 2 218,32 8,6383 42,3121 es1200001 picos de europa (asturias) * 25 184,4191 4,8183 43,2234 es1200002 muniellos * 5 559,4134 6,6979 43,0124 es1200006 r a de villaviciosa * 1 249,4288 5,3924 43,5196 es1200007 cueva rosa * 127,0071 3,5 5,1321 43,443 es1200008 redes * 37 804,9819 5,3571 43,1683 es1200009 ponga-amieva * 28 100,9907 5,1594 43,2064 es1200010 montovo-la mesa * 14 927,0665 6,1738 43,155 es1200011 pe a ubi a * 13 284,8367 5,9215 43,0615 es1200012 caldoveiro * 12 709,775 6,0992 43,2275 es1200014 sierra de los lagos * 10 778,4383 6,6698 43,1933 es1200016 r a del eo * 1 901,3089 7,0202 43,545 es1200022 playa de vega * 37,067 5,1359 43,4806 es1200023 r o eo (asturias) * 107,4012 23 7,1329 43,4221 es1200024 r o porc a * 64,5189 9 6,8775 43,5309 es1200025 r o navia * 95,6107 8 6,7231 43,485 es1200026 r o negro * 44,8829 17 6,5578 43,5031 es1200027 r o esva * 192,4951 35 6,4359 43,4864 es1200028 r o esqueiro * 13,2049 4,5 6,2263 43,5618 es1200029 r o nal n * 560,2454 47 6,009 43,3928 es1200030 r o narcea * 374,1502 32 6,1563 43,3646 es1200031 r o pig e a * 45,4036 8,5 6,2159 43,3246 es1200032 r o sella * 500,618 78,25 5,1747 43,3829 es1200033 r o las cabras-bed n * 36,3505 7,25 4,8908 43,4192 es1200034 r o pur n * 22,4192 6 4,6988 43,3851 es1200035 r o cares-deva * 261,9686 55 4,7067 43,3165 es1200036 alcornocales del navia 47,4799 6,8264 43,2887 es1200037 aller-lena * 13 266,4013 5,5885 43,0467 es1200038 carbayera de el tragam n * 4,1619 5,6216 43,5195 es1200039 cuencas mineras * 13 226,1452 5,6049 43,2133 es1200040 meandros del nora * 65,2067 5,9628 43,3798 es1200041 pe a manteca-genestaza * 7 870,9456 6,3005 43,2409 es1200042 sierra plana de la borbolla * 1 028,9194 4,6405 43,3871 es1200043 sierra del sueve * 3 408,8833 5,2489 43,4261 es1200044 turbera de la molina * 32,8203 6,3301 43,3818 es1200045 turbera de las due as * 26,3368 6,1702 43,5616 es1200046 valgrande * 4 752,77 5,8175 42,9864 es1200047 yacimientos de icnitas * 3 542,4051 44,15 5,5022 43,5531 es1200048 alto navia * 74,5374 11,5 6,9619 43,0207 es1200049 cuenca del ag eira * 174,3678 44,5 6,9238 43,2213 es1200050 cuenca del alto narcea * 318,7529 68,6 6,5512 43,1753 es1200051 r o ibias * 171,4365 29,5 6,7923 42,987 es1200052 r o trubia * 81,1843 14,5 5,9892 43,28 es1200053 r o del oro * 54,9128 18 6,7542 43,1984 es1200054 r os negro y aller * 135,6733 32,75 5,5969 43,1483 es1200055 cabo busto-luanco * 11 600,3723 140,88 6,1276 43,5628 es1200056 fuentes del narcea, dega a e ibias * 52 132,2486 6,57 42,991 es1300001 li bana * 42 547 4,6532 43,0571 es1300002 monta a oriental * 21 679 3,6123 43,25 es1300003 rias occidentales y duna de oyambre * 1 272,62 4,4082 43,3828 es1300004 dunas de liencres y estuario del pas * 544,21 3,9348 43,4702 es1300005 dunas del puntal y estuario del miera * 675,04 3,7466 43,4345 es1300006 costa central y r a de ajo * 444,48 3,6319 43,4966 es1300007 marismas de santo a, victoria y joyel * 3 702 3,4929 43,3708 es1300008 rio deva * 397,91 4,677 43,1544 es1300009 r o nansa * 569,86 4,409 43,25 es1300010 r o pas * 957,29 3,8628 43,0644 es1300011 r o as n * 530,49 3,5188 43,1844 es1300012 r o ag era * 214,48 3,2962 43,3266 es1300013 r o y embalse del ebro * 7 684,83 4,0815 42,7893 es1300014 r o camesa * 245,66 4,1837 42,8612 es1300015 r o miera * 395,53 3,6882 43,3454 es1300016 sierra del escudo * 3 198,15 3,9228 43,0807 es1300017 cueva la roger a 112,27 4,1242 43,395 es1300019 cueva del rejo * 180 4,4786 43,3399 es1300020 r o saja * 321,28 4,2492 43,1604 es1300021 valles altos del nansa y saja y alto campoo * 51 098,51 4,3086 42,9868 es1300022 sierra del escudo de cabu rniga * 787,02 4,3628 43,2812 es2110003 urkabustaizko irla-hariztiak / robledales isla de urkabustaiz 276,76 2,8794 42,9422 es2110004 arkamu-gibillo-arrastaria * 11 648,9 2,9733 42,9068 es2110006 baia ibaia / r o baia * 448,44 48,03 2,8796 42,926 es2110009 gorbeia * 20 226,45 2,8127 43,0274 es2110010 zadorra ibaia / r o zadorra * 334,08 60,08 2,7206 42,8609 es2110011 zadorraren sistemako urtegiak / embalses del sistema del zadorra * 2 716,78 2,5697 42,9223 es2110013 arabako lautadako irla-hariztiak / robledales isla de la llanada alavesa 246,01 2,3502 42,8689 es2110014 salburua * 217,46 2,6373 42,8579 es2110015 gasteizko mendi garaiak / montes altos de vitoria * 2 227,7 2,6104 42,7916 es2110016 aldaiako mendiak / montes de aldaia * 1 121,03 2,4742 42,8971 es2110017 barrundia ibaia / r o barrundia * 98,06 19,3 2,4981 42,9104 es2110018 arabako hegoaldeko mendilerroak / sierras meridionales de lava * 18 515,02 2,6672 42,6162 es2110019 izki * 9 482,1 2,4941 42,7037 es2110020 ega-berron ibaia / r o ega-berron * 226,45 40,3 2,4348 42,734 es2110022 entzia * 10 006,41 2,3421 42,7916 es2110023 arakil ibaia / r o arakil * 30,07 6,04 2,2753 42,8698 es2120001 arno 1 121,58 2,3968 43,2777 es2120002 aizkorri-aratz * 15 937,41 2,3797 42,9575 es2120003 izarraitz * 1 605,52 2,297 43,2112 es2120004 urolako itsasadarra / r a del urola * 111,97 2,2454 43,2856 es2120005 oria garaia / alto oria * 152,07 29,9 2,296 42,9682 es2120006 pagoeta * 1 365,19 2,1758 43,2345 es2120007 garate-santa barbara 160,53 2,1937 43,2868 es2120008 hernio-gazume * 2 216,76 2,1437 43,1728 es2120009 i urritza * 81,28 2,1559 43,2892 es2120010 oriako itsasadarra / r a del oria 189,48 9 2,0943 43,2757 es2120011 aralar * 10 953,81 2,1114 42,9956 es2120012 araxes ibaia / r o araxes * 64,23 12,7 2,0279 43,0848 es2120013 leitzaran ibaia / r o leitzaran * 91,91 55,4 1,9615 43,1662 es2120014 ulia * 42,22 1,9713 43,3345 es2120015 urumea ibaia / r o urumea * 73,3 11 1,9418 43,2423 es2120016 aiako harria * 6 806,33 1,8372 43,2602 es2120017 jaizkibel * 2 469,82 1,8549 43,3576 es2120018 txingudi-bidasoa * 139,0516 1,7612 43,344 es2130001 arma n * 3 004,07 3,3166 43,2748 es2130002 ordunte * 4 343,49 3,3353 43,1788 es2130003 barbadungo itsasadarra / r a del barbadun * 49,76 1,09 3,1155 43,3452 es2130004 astondoko haremunak / dunas de astondo * 5,19 2,9445 43,42 es2130005 gaztelugatxeko doniene / san juan de gaztelugatxe 157,76 2,7773 43,4478 es2130006 urdaibaiko ibai sarea / red fluvial de urdaibai * 1 327,8 440 2,6317 43,2858 es2130007 urdaibaiko itsasertzak eta padurak / zonas litorales y marismas de urdaibai * 1 009,62 2,6768 43,3676 es2130008 urdaibaiko artadi kantauriarrak / encinares cant bricos de urdaibai * 1 582,8 2,6621 43,3816 es2130009 urkiola * 6 020,53 2,6509 43,0973 es2130010 lea ibaia / r o lea * 110,4 17,8 2,5124 43,3414 es2130011 artibai ibaia / r o artibai * 138,96 23,2 2,4759 43,3023 es2200010 artikutza * 3 638,55 1,7934 43,204 es2200014 r o bidasoa * 387,04 1,6419 43,1314 es2200015 regata de orabidea y turbera de arxuri * 191,04 1,532 43,2469 es2200017 se or o de b rtiz * 2 052,32 1,5905 43,1811 es2200018 belate * 26 067,44 1,6689 43,0617 es2200019 monte alduide * 9 028,69 1,4561 43,0307 es2200020 sierra de aralar * 14 648,9 1,9119 42,9576 es2200021 urbasa y andia * 27 857,68 2,079 42,8409 es2200022 sierra de lokiz * 13 145,69 2,1962 42,7255 es2200023 r o baztan y regata artesiaga * 76,04 1,5879 43,1417 es2200024 r os ega-urederra * 531,49 2,1746 42,6504 es2200043 robledales de ultzama y basaburua * 2 274,65 1,6906 42,9917 es4120025 ojo guare a * 13 010,16 3,6202 43,047 es4120028 monte santiago * 2 646,45 3,0407 42,9632 es4120049 bosques del valle de mena * 6 480,6 3,3851 43,1259 es4120051 riberas del zadorra * 175,62 2,8372 42,7564 es4120052 riberas del ayuda * 507,49 2,6886 42,6829 es4120088 montes de valnera * 2 228,82 3,659 43,1418 es4120089 hoces del alto ebro y rudr n * 46 275,62 3,7817 42,791 es4120090 embalse del ebro - monte hijedo * 7 300,5 3,9159 42,9746 es4130003 picos de europa en castilla y le n * 101 219,46 5,0508 42,9982 es4130010 sierra de los ancares * 55 408,48 6,7167 42,8166 es4130035 valle de san emiliano * 55 892,36 6,0205 42,9553 es4130037 hoces de vegacervera * 5 343,03 5,5401 42,904 es4130050 monta a central de le n * 34 608,33 5,6467 42,9685 es4130149 oma a * 20 054,98 6,184 42,8134 es4140011 fuentes carrionas y fuente cobre-monta a palentina * 78 224,61 4,5759 42,937 es4140027 covalagua * 2 381,81 4,1202 42,7707 es90atl01 el cachucho 234 950,344 4,85 44,0423 eszz12001 banco de galicia 1 023 511,828 11,7952 42,7338 eszz12003 sistema de ca ones submarinos de avil s 338 961,029 80,4 6,1001 43,8712 fr1100795 massif de fontainebleau * 28 063 2,66667 48,41667 fr1100796 for t de rambouillet * 1 991 1,70917 48,71222 fr1100797 coteaux et boucles de la seine * 1 417 1,64917 49,08528 fr1100798 la bass e * 1 403 3,28333 48,45 fr1100799 haute vall e de l'essonne * 971 2,41333 48,33861 fr1100800 pelouses calcaires de la haute vall e de la juine * 103 2,15889 48,35111 fr1100801 basse vall e du loing * 76,84 2,78028 48,32417 fr1100802 pelouses calcaires du g tinais * 310 2,31389 48,36861 fr1100803 tourbi res et prairies tourbeuses de la for t d'yveline * 820 1,97167 48,68028 fr1100805 marais des basses vall es de la juine et de l'essonne * 397 2,39389 48,55722 fr1100806 buttes gr seuses de l'essonne 24,56 2,46167 48,5025 fr1100810 champignonni res d'etampes 1 2,18139 48,43028 fr1100812 l'yerres de sa source a chaumes-en-brie * 18 2,955 48,68194 fr1100814 le petit morin de verdelot saint-cyr-sur-morin 11,11 3,26472 48,88722 fr1100819 bois de vaires-sur-marne 96,63 2,64694 48,88 fr1102004 rivi re du dragon 24,26 3,21361 48,5375 fr1102005 rivi res du loing et du lunain * 400 2,79417 48,2775 fr1102006 bois des r serves, des usages et de montg 863 3,1325 49,03667 fr1102007 rivi re du vannetin 63,3 3,17167 48,77778 fr1102008 carri re de mocpoix 3,8 2,73944 48,1625 fr1102009 carri re de darvault 27,05 2,745 48,27028 fr1102013 carri re de guerville 79,89 1,76361 48,96389 fr1102014 vall e de l'epte francilienne et ses affluents * 3 187 1,67361 49,16028 fr1102015 sites chiropt res du vexin fran ais 22,3 1,77972 49,17528 fr1102016 carri re saint nicolas 6,51 2,96222 48,39194 fr2100262 pelouses de la barbarie savigny-sur-ardres * 105 3,80889 49,25472 fr2100268 landes et mares de sezanne et de vindey 97 3,69944 48,70528 fr2100271 p tis de damery 93 3,85944 49,0875 fr2100274 marais et pelouses du tertiaire au nord de reims * 381 3,85389 49,27194 fr2100283 le marais de saint-gond * 1 744 3,86944 48,81444 fr2100314 massif forestier d'epernay et tangs associ s * 2 847 3,77917 48,99861 fr2200346 estuaires et littoral picards (baies de somme et d'authie) * 15 662 1,58667 50,23333 fr2200347 marais arri re-littoraux picards * 1 623 1,67167 50,31167 fr2200348 vall e de l'authie * 742 1,86167 50,33333 fr2200349 massif forestier de cr cy-en-ponthieu 894 1,81667 50,24139 fr2200350 massif forestier de lucheux * 275 2,40222 50,21472 fr2200352 r seau de coteaux calcaires du ponthieu oriental * 93 2,15944 50,10417 fr2200353 r seau de coteaux calcaires du ponthieu m ridional * 41 2,02222 50,04694 fr2200354 marais et monts de mareuil-caubert * 894 1,84611 50,06944 fr2200355 basse vall e de la somme de pont-r my breilly * 1 453 2,06722 49,99 fr2200356 marais de la moyenne somme entre amiens et corbie * 525 2,37889 49,88472 fr2200357 moyenne vall e de la somme * 1 825 2,62472 49,91361 fr2200359 tourbi res et marais de l'avre * 322 2,42389 49,82056 fr2200362 r seau de coteaux et vall e du bassin de la selle * 618 1,94667 49,72056 fr2200363 vall e de la bresle * 1 016 1,58861 49,96694 fr2200369 r seau de coteaux crayeux du bassin de l'oise aval (beauvaisis) * 415 1,98778 49,525 fr2200371 cuesta du bray * 774 1,99806 49,36167 fr2200372 massif forestier du haut bray de l'oise * 645 1,95222 49,46083 fr2200373 landes et for ts humides du bas bray de l'oise * 230 1,82944 49,45528 fr2200376 cavit de larris millet saint-martin-le-n ud 1,64 2,05972 49,40944 fr2200377 massif forestier de hez-froidmont et mont c sar * 851 2,2725 49,38694 fr2200378 marais de sacy-le-grand * 1 368 2,55972 49,33667 fr2200379 coteaux de l'oise autour de creil * 102 2,45278 49,23861 fr2200380 massifs forestiers d'halatte, de chantilly et d'ermenonville * 2 393 2,63778 49,28056 fr2200382 massif forestier de compi gne * 3 185 2,86444 49,32917 fr2200383 prairies alluviales de l'oise de la f re sempigny * 3 010 3,22361 49,5975 fr2200386 massif forestier d'hirson * 1 016 4,15861 49,94778 fr2200387 massif forestier du regnaval * 133 3,85333 49,91833 fr2200390 marais de la souche * 2 747 3,84194 49,60278 fr2200391 landes de versigny * 239 3,45806 49,63778 fr2200392 massif forestier de saint-gobain * 434 3,41583 49,55583 fr2200395 collines du laonnois oriental * 1 376 3,72361 49,52722 fr2200396 tourbi re et coteaux de cessi res montbavin * 679 3,515 49,54528 fr2200398 massif forestier de retz * 847 3,18333 49,275 fr2200399 coteaux calcaires du tardenois et du valois * 329 3,53444 49,26389 fr2200401 domaine de verdilly * 595 3,4425 49,07056 fr2200566 coteaux de la vall e de l'automne * 625 2,84028 49,29694 fr2300121 estuaire de la seine * 11 341 0,13472 49,41889 fr2300122 marais vernier, risle maritime * 7 652 0,45556 49,41722 fr2300123 boucles de la seine aval * 5 486 0,94083 49,42472 fr2300124 boucles de la seine amont, coteaux de saint-adrien * 423 1,14889 49,38333 fr2300125 boucles de la seine amont, coteaux d'orival * 99 1,00806 49,32167 fr2300126 boucles de la seine amont d'amfreville gaillon * 2 099 1,26806 49,29333 fr2300128 vall e de l'eure * 2 697 1,14694 49,17611 fr2300131 pays de bray humide * 3 332 1,59806 49,54806 fr2300132 bassin de l'arques * 3 616 1,17694 49,77222 fr2300133 pays de bray cuestas nord et sud * 1 195 1,41194 49,50861 fr2300136 la for t d'eu et les pelouses adjacentes * 778 1,5625 49,9425 fr2300137 l'y res * 963 1,46833 49,93167 fr2300139 littoral cauchois * 6 303 0,27833 49,73778 fr2300145 for t de lyons * 788 1,40528 49,39028 fr2300146 bois de la roquette 3,24 0,64167 49,75083 fr2300147 val eglantier * 10 0,46167 49,49389 fr2300149 corbie 29 0,41861 49,32389 fr2300150 risle, guiel, charentonne * 4 748 0,6 49,08528 fr2300152 vall e de l'epte * 946 1,51389 49,08667 fr2302001 r seau de cavit s du nord-ouest de la seine-maritime 27 0,3025 49,68583 fr2302002 for t d'eawy 691 1,27194 49,70667 fr2302004 les cavit s de beaumont-le-roger 0,55 0,77611 49,08278 fr2302005 l'abbaye de jumi ges 0,07 0,82056 49,43167 fr2302006 iles et berges de la seine en seine-maritime * 236 1,1275 49,355 fr2302007 iles et berges de la seine dans l'eure * 327 1,25111 49,30361 fr2302008 les grottes du mont roberge 1 1,49139 49,10528 fr2302009 le haut bassin de la calonne * 780 0,40833 49,21167 fr2302010 la vall e de l'iton au lieu-dit le hom 31 1,11694 49,12583 fr2302011 les cavit s de tilli res-sur-avre 16 1,04806 48,75694 fr2302012 les tangs et mares des for ts de breteuil et conches * 121 0,82944 48,81972 fr2400516 carri res de bourges 10 2,42667 47,05917 fr2400517 coteaux calcaires du sancerrois * 195 2,79972 47,3 fr2400518 massifs forestiers et rivi res du pays-fort * 3 104 2,44028 47,29806 fr2400520 coteaux, bois et marais calcaires de la champagne berrichonne * 5 008 2,33556 46,90722 fr2400521 basse vall e de l'arnon * 1 334 2,18417 46,77056 fr2400522 vall es de la loire et de l'allier * 4 069 3,05889 46,98444 fr2400523 vall e de l'essonne et vallons voisins * 837 2,36105 48,22885 fr2400524 for t d'orl ans et p riph rie * 2 251 2,47694 47,8025 fr2400525 marais de bordeaux et mignerette * 62,79 2,56889 48,10833 fr2400526 lande gen vriers de nogent-sur-vernisson 8 2,76417 47,84472 fr2400527 tangs de la puisaye 403 2,87306 47,69583 fr2400528 vall e de la loire de tavers belleville-sur-loire * 7 120 2,28667 47,81583 fr2400530 coteaux calcaires lig riens entre ouzouer-sur-loire et briare 9,98 2,70694 47,64 fr2400531 lots de marais et coteaux calcaires au nord-ouest de la champagne berrichonne * 376 1,94775 46,87325 fr2400533 site chauves-souris de valencay-lye 0,4 1,56194 47,15639 fr2400534 grande brenne * 58 052 1,23111 46,76528 fr2400535 vall e de l'anglin et affluents * 4 139 1,17222 46,55 fr2400536 vall e de la creuse et affluents * 5 283 1,5325 46,57389 fr2400537 vall e de l'indre * 2 147 1,21107 46,96253 fr2400540 les puys du chinonais * 127 0,21556 47,18861 fr2400541 complexe forestier de chinon, landes du ruchard * 1 214 0,43667 47,19194 fr2400548 la loire de candes saint martin mosnes * 5 556 0,48028 47,34611 fr2400550 arc forestier du perche d'eure-et-loir * 522 0,98139 48,58 fr2400551 cuesta c nomanienne du perche d'eure-et-loir * 350 1,0025 48,35167 fr2400552 vall e de l'eure de maintenon anet et vallons affluents * 751 1,41333 48,77417 fr2400553 vall e du loir et affluents aux environs de ch teaudun * 1 310 1,40472 48,11472 fr2400556 nord-ouest sologne 1 337 1,74944 47,7475 fr2400558 domaine de chambord * 4 676 1,54 47,59472 fr2400559 bois de sudais 260 1,18833 47,42556 fr2400561 vall e du cher et coteaux, for t de grosbois * 1 700 1,40111 47,29611 fr2400562 vall e de la cisse en amont de saint-lubin * 336 1,28972 47,66222 fr2400564 coteaux calcaires riches en chiropt res des environs de montoire-sur-le-loir 21 0,80472 47,77778 fr2400565 vall e de la loire de mosnes tavers * 2 278 1,36167 47,59833 fr2402001 sologne * 346 184 1,98 47,53611 fr2402002 site chauves-souris de charly 1,5 2,75389 46,89778 fr2402003 site chauves-souris de la guerche-sur-l'aubois 0,01 2,94972 46,95194 fr2402004 site chauves-souris de ch rost 0,01 2,1175 46,99444 fr2402005 site chauves-souris de vignoux-sur-barangeon 0,01 2,17278 47,20167 fr2402006 sites chauves-souris de l'est du loiret 1,13 2,98528 47,95667 fr2402007 complexe du changeon et de la roumer * 4 564 0,37639 47,38889 fr2500076 landes du tertre bizet et fosse arthour * 222 0,74028 48,65361 fr2500077 baie du mont saint-michel * 39 480 1,64056 48,67472 fr2500079 chausey 82 943 1,78611 48,8525 fr2500080 littoral ouest du cotentin de br hal pirou * 3 375 1,57194 49 fr2500081 havre de saint-germain-sur-ay et landes de lessay * 4 061 1,61778 49,2125 fr2500082 littoral ouest du cotentin de saint-germain-sur-ay au rozel * 2 316 1,70028 49,32361 fr2500083 massif dunaire de h auville vauville * 752 1,83167 49,59889 fr2500084 r cifs et landes de la hague * 9 178 1,96139 49,72278 fr2500085 r cifs et marais arri re-littoraux du cap l vi la pointe de saire * 15 403 1,30278 49,71167 fr2500086 tatihou - saint-vaast-la-hougue 852 1,2425 49,59194 fr2500088 marais du cotentin et du bessin - baie des veys * 28 705 1,15639 49,36861 fr2500090 marais arri re-littoraux du bessin * 360 0,54917 49,34222 fr2500091 vall e de l'orne et ses affluents * 2 118 0,45778 48,90972 fr2500092 marais du grand haz * 167 0,38861 48,69861 fr2500094 marais alcalin de chicheboville-bellengreville * 154 0,21194 49,11556 fr2500096 monts d'eraines * 319 0,12528 48,94111 fr2500099 haute vall e de l'orne et affluents * 20 593 0,13667 48,67639 fr2500100 sites d'ecouves * 1 381 0,06028 48,60472 fr2500103 haute vall e de la touques et affluents 1 402 0,29694 48,93861 fr2500106 forets, etangs et tourbieres du haut-perche * 3 675 0,81861 48,55222 fr2500107 haute vall e de la sarthe * 3 452 0,32 48,47389 fr2500108 bois et coteaux a l'ouest de mortagne-au-perche * 36,37 0,50817 48,54389 fr2500109 bois et coteaux calcaires sous belleme * 105 0,53515 48,3385 fr2500110 vallee de la see 1 424 1,10722 48,72611 fr2500113 bassin de l'airou 709 1,35722 48,84417 fr2500117 bassin de la souleuvre 5 634 0,82917 48,95556 fr2500118 bassin de la druance 5 737 0,64083 48,91694 fr2500119 bassin de l'andainette * 617 0,50972 48,59722 fr2502001 h traie de cerisy * 1 018,6 0,87417 49,19583 fr2502002 carri re de loisail 0,06 0,59167 48,51333 fr2502003 carri re de la mansonni re 0,17 0,76056 48,4175 fr2502004 anciennes carri res de la vall e de la mue 24,98 0,44639 49,27583 fr2502005 anciennes carri res de beaufour-druval 3,01 0,01889 49,21056 fr2502006 ancienne carri re de la cressonni re 0,36 0,35778 49,02694 fr2502007 anciennes carri res d'orbec 4,5 0,40222 49,01889 fr2502008 ancienne champignonni re des petites hayes 3,98 0,39194 48,54028 fr2502009 anciennes mines de barenton et de bion 16,51 0,79889 48,63444 fr2502010 anciennes carri res souterraines d'habloville 0,44 0,16861 48,77472 fr2502011 combles de la chapelle de l'oratoire de passais 0,04 0,76611 48,51889 fr2502012 coteaux calcaires et anciennes carri res de la meauffe, cavigny et airel * 44,85 1,10389 49,18694 fr2502013 ancienne carri re souterraine de saint-pierre-canivet 2,31 0,21083 48,92806 fr2502014 bocages et vergers du sud pays d'auge * 21 540 0,29694 48,73389 fr2502015 vall e du sarthon et affluents * 5 255 0,11167 48,47139 fr2502016 combles de l' glise de burcy 0,03 0,80222 48,86722 fr2502017 combles de l' glise d'amay -sur-orne 0,05 0,43806 49,08556 fr2502018 banc et r cifs de surtainville 14 070 1,90972 49,43056 fr2502019 anse de vauville 13 073 1,92389 49,60833 fr2502020 baie de seine occidentale 45 566 1,09583 49,49417 fr2502021 baie de seine orientale 44 456 0,13056 49,37111 fr2600965 vall e de la loire entre fourchambault et neuvy-sur-loire * 2 546 3,01417 47,17333 fr2600991 tourbi res, marais et for ts alluviales de la vall e du branlin * 537 3,22806 47,66111 fr2601005 pelouses s ches orchid es sur craie de l'yonne * 309 3,45194 48,19917 fr2601009 landes et g tines de puisaye * 88 3,13917 47,57056 fr2601011 etangs oligotrophes littorelles de puisaye, bordures paratourbeuses et landes * 551 3,005 47,62833 fr2601012 g tes et habitats chauves-souris en bourgogne * 63 307 4,61361 47,43111 fr3100474 dunes de la plaine maritime flamande * 4 425 2,45472 51,07389 fr3100475 dunes flandriennes d calcifi es de ghyvelde * 194 2,54444 51,05889 fr3100477 falaises et pelouses du cap blanc nez, du mont d'hubert, des noires mottes, du fond de la forge et du mont de couple * 728 1,71917 50,9275 fr3100478 falaises du cran aux oeufs et du cap gris-nez, dunes du chatelet, marais de tardinghen et dunes de wissant * 1 059 1,6275 50,87722 fr3100479 falaises et dunes de wimereux, estuaire de la slack, garennes et communaux d'ambleteuse-audresselles * 411 1,60806 50,79583 fr3100480 estuaire de la canche, dunes picardes plaqu es sur l'ancienne falaise, for t d'hardelot et falaise d'equihen * 1 661 1,59417 50,60472 fr3100481 dunes et marais arri re-littoraux de la plaine maritime picarde * 1 021 1,59139 50,44889 fr3100482 dunes de l'authie et molli res de berck * 193 1,57667 50,38833 fr3100483 coteau de dannes et de camiers 97 1,63333 50,57778 fr3100484 pelouses et bois neutrocalcicoles de la cuesta sud du boulonnais * 420 1,80694 50,64333 fr3100485 pelouses et bois neutrocalcicoles des cuestas du boulonnais et du pays de licques et for t de guines 661 1,88333 50,7375 fr3100487 pelouses, bois acides neutrocalcicoles, landes nord-atlantiques du plateau d'helfaut et syst me alluvial de la moyenne vall e de l'aa * 389 2,23806 50,70361 fr3100488 coteau de la montagne d'acquin et pelouses du val de lumbres 68 2,09361 50,73 fr3100489 pelouses, bois, for ts neutrocalcicoles et syst me alluvial de la moyenne vall e de l'authie * 115 2,05917 50,25583 fr3100491 landes, mares et bois acides du plateau de sorrus saint josse, prairies alluviales et bois tourbeux en aval de montreuil * 60 1,71111 50,46306 fr3100492 prairies et marais tourbeux de la basse vall e de l'authie * 307 1,79333 50,36389 fr3100494 prairies et marais tourbeux de guines 139 1,91278 50,88 fr3100495 prairies, marais tourbeux, for ts et bois de la cuvette audomaroise et de ses versants * 563 2,2325 50,78417 fr3100498 for t de tournehem et pelouses de la cuesta du pays de licques 443 2,02361 50,76667 fr3100499 for ts de desvres et de boulogne et bocage prairial humide du bas-boulonnais * 1 328 1,82888 50,6861 fr3100504 pelouses m tallicoles de la plaine de la scarpe 17 3,08778 50,40389 fr3100505 pelouses m tallicoles de mortagne du nord 17 3,45778 50,49333 fr3100506 bois de flines-les-raches et syst me alluvial du courant des vanneaux * 196 3,14278 50,43028 fr3100507 for ts de raismes / saint amand / wallers et marchiennes et plaine alluviale de la scarpe * 1 938 3,42833 50,39694 fr3100509 for ts de mormal et de bois l'ev que, bois de la lani re et plaine alluviale de la sambre * 987 3,78556 50,25056 fr3100512 hautes vall es de la solre, de la thure, de la hante et leurs versants bois s et bocagers * 244 4,15361 50,21389 fr3102001 marais de la grenouill re 17 2,11389 50,40083 fr3102002 bancs des flandres 112 919 2,15889 51,17611 fr3102003 r cifs gris-nez blanc-nez 29 156 1,5625 50,89167 fr3102004 ridens et dunes hydrauliques du d troit du pas-de-calais 68 245 1,24861 50,66833 fr3102005 baie de canche et couloir des trois estuaires 33 306 1,48833 50,34611 fr5200621 estuaire de la loire * 21 726 1,84951 47,24804 fr5200622 vall e de la loire de nantes aux ponts-de-c et ses annexes * 16 522 0,96333 47,37528 fr5200623 grande bri re et marais de donges * 16 842 2,24 47,37361 fr5200624 marais de l'erdre * 2 561 1,50536 47,36786 fr5200625 lac de grand-lieu * 6 292 1,6775 47,09083 fr5200626 marais du m s, baie et dunes de pont-mah , tang du pont de fer * 2 688 2,42722 47,41333 fr5200627 marais salants de gu rande, traicts du croisic et dunes de pen-bron * 4 376 4,81194 47,30083 fr5200628 for t, tang de vioreau et tang de la provosti re * 281 1,4225 47,52361 fr5200629 vall e de la loire des ponts-de-c montsoreau * 5 161 0,17972 47,32417 fr5200630 basses vall es angevines, aval de la rivi re mayenne et prairies de la baumette * 9 210 0,53472 47,55806 fr5200633 cavit s souterraines le buisson et la seigneurerie (chemellier) 10 0,33917 47,35056 fr5200634 cavit s souterraines de l'h 'tel herv 6 0,09861 47,48722 fr5200635 cavit souterraine de la poinsonni re (vieil baug ) 4 0,10722 47,53472 fr5200636 cave prieur et cave du ch teau (cunault) 6 0,2 47,33 fr5200639 vall e de l'erve en aval de saint-pierre-sur-erve * 342 0,41222 47,97861 fr5200640 for t de multonne, corniche de pail * 825 0,15639 48,45806 fr5200645 vall e du rutin, coteau de chaumiton, tang de saosnes et for t de perseigne * 719 0,25778 48,40472 fr5200646 alpes mancelles * 1 195 0,07611 48,36306 fr5200647 vall e du narais, for t de berc et ruisseau du dinan * 3 804 0,37472 47,89306 fr5200648 massif forestier de vibraye 269 0,72361 48,02639 fr5200649 vall e du loir de vaas bazouges * 4 028 0,10611 47,69111 fr5200650 for t de sill * 721 0,11306 48,21111 fr5200651 carri res souterraines de la voloni re 1,5 0,65194 47,76028 fr5200652 carri res souterraines de vouvray-sur-huisne 0,02 0,55361 48,08861 fr5200653 marais breton, baie de bourgneuf, le de noirmoutier et for t de monts * 52 337 2,0725 46,87361 fr5200654 c 'tes rocheuses, dunes, landes et marais de l' le d'yeu * 1 350 2,35694 46,69528 fr5200655 dunes de la sauzaie et marais du jaunay * 1 138 1,8925 46,6625 fr5200656 dunes, for t et marais d'olonne * 2 884 1,81833 46,56667 fr5200657 marais de talmont et zones littorales entre les sables-d'olonne et jard-sur-mer * 2 010 1,645 46,4325 fr5200658 for t de mervent-vouvant et ses abords * 495 0,74111 46,50306 fr5200659 marais poitevin * 47 745 1,13278 46,4175 fr5202001 la cave billard (puy notre dame) 0,02 0,22222 47,13056 fr5202002 cavit s chiropt res de saint-michel-le-cloucq et pissotte 6,56 0,78333 46,65833 fr5202003 bocage osmoderma eremita entre sill -le-guillaume et la grande-charnie * 13 445 0,16 48,11 fr5202004 bocage osmoderma eremita au nord de la for t de perseigne * 5 828 0,26972 48,4575 fr5202005 ch taigneraies osmoderma eremita au sud du mans * 4 715 2,03639 47,73778 fr5202006 bocage de la for t de la monnaie javron-les-chapelles * 6 451 0,24167 48,46417 fr5202007 bocage de monts rs la for t de sill -le-guillaume * 10 245 0,3875 48,18528 fr5202009 marais de goulaine * 1 514 1,40943 47,20285 fr5202010 plateau du four 4 208 2,64667 47,27639 fr5202011 estuaire de la loire nord 30 714 2,36722 47,18472 fr5202012 estuaire de la loire sud - baie de bourgneuf 49 441 2,26861 47,09528 fr5202013 plateau rocheux de l' le d'yeu 11 998 2,43639 46,70472 fr5300002 marais de vilaine * 10 891 2,1425 47,58667 fr5300003 complexe de l'est des montagnes noires * 1 404 3,51028 48,20028 fr5300004 rivi re le douron * 2 908 3,64472 48,58056 fr5300005 for t de paimpont * 1 221 2,20528 48,01806 fr5300006 rivi re elle * 2 103 3,46611 48,01611 fr5300007 t tes de bassin du blavet et de l'hy res * 3 596 3,25333 48,35889 fr5300008 rivi re leguer, for ts de beffou, coat an noz et coat an hay * 3 204 3,43 48,59 fr5300009 c 'te de granit rose-sept-iles * 72 232 3,48806 48,86056 fr5300010 tregor go lo * 91 228 3,04194 48,86278 fr5300011 cap d'erquy-cap fr hel * 55 870 2,365 48,655 fr5300012 baie de lancieux, baie de l'arguenon, archipel de saint malo et dinard * 5 149 2,16778 48,63472 fr5300013 monts d'arr e centre et est * 10 887 3,81417 48,42944 fr5300014 complexe du menez hom * 1 830 4,25 48,23167 fr5300015 baie de morlaix 26 617 3,865 48,69306 fr5300016 anse de goulven, dunes de keremma * 2 067 4,24806 48,65167 fr5300017 abers - c 'tes des l gendes * 22 714 4,625 48,60611 fr5300018 ouessant-mol ne * 77 222 4,91194 48,3725 fr5300019 presqu'ile de crozon * 4 423 4,54389 48,2425 fr5300020 cap sizun * 2 841 4,70139 48,04639 fr5300021 baie d'audierne * 2 459 4,35556 47,87778 fr5300023 archipel des gl nan * 58 725 4,00889 47,72944 fr5300024 rivi re elorn * 2 397 4,08472 48,44278 fr5300025 complexe forestier rennes-liffr -chevr , tang et lande d'ou e, for t de haute s ve * 1 730 1,53333 48,20694 fr5300026 rivi re scorff, for t de pont calleck, rivi re sarre * 2 419 3,2575 48,00361 fr5300027 massif dunaire g vres-quiberon et zones humides associ es * 6 828 3,17222 47,61556 fr5300028 ria d'etel * 4 259 3,15528 47,7275 fr5300029 golfe du morbihan, c 'te ouest de rhuys * 20 609 2,825 47,57861 fr5300030 rivi re de penerf, marais de suscinio * 4 912 2,64583 47,50472 fr5300031 ile de groix * 28 381 3,48694 47,63139 fr5300032 belle ile en mer * 17 359 3,14333 47,335 fr5300033 iles houat-hoedic * 17 797 2,96528 47,395 fr5300034 estuaire de la vilaine * 4 769 2,50833 47,5 fr5300035 for t de qu n can, vall e du poulancre, landes de liscuis et gorges du daoulas * 924 3,12056 48,22167 fr5300036 landes de la poterie * 60 2,46528 48,48306 fr5300037 for t de lorge, landes de lanfains, cime de kerchouan * 507 2,83361 48,34972 fr5300039 for t du cranou, menez meur * 1 283 4,06889 48,34444 fr5300040 for t de huelgoat * 112 3,73194 48,36417 fr5300041 vall e de l'aulne * 3 564 3,95306 48,19417 fr5300043 guisseny * 612 4,45389 48,635 fr5300045 pointe de corsen, le conquet * 724 4,77528 48,39444 fr5300046 rade de brest, estuaire de l'aulne 9 239 4,32333 48,30444 fr5300048 marais de mousterlin * 479 4,01694 47,85222 fr5300049 dunes et c 'tes de tr vignon * 9 863 3,88667 47,80639 fr5300050 etangs du canal d'ille et rance * 246 1,64667 48,34194 fr5300052 c 'te de cancale param * 1 751 1,90333 48,69 fr5300058 vall e de l'arz 1 234 2,34583 47,70944 fr5300059 rivi re la ta, pointe du talud, tangs du loc'h et de lannenec * 925 3,49861 47,74472 fr5300061 estuaire de la rance * 2 788 1,9675 48,55889 fr5300062 etang du moulin neuf * 46 3,56417 48,56167 fr5300066 baie de saint-brieuc - est * 14 391 2,64944 48,53194 fr5300067 tourbi re de lann gazel * 136 4,26889 48,51194 fr5302001 chiropt res du morbihan 2 2,655 47,70389 fr5302006 c 'tes de crozon 10 212 4,61528 48,21917 fr5302007 chauss e de sein 41 559 5,0675 48,03833 fr5302008 roches de penmarch 45 728 4,33333 47,75 fr5302014 vall e du canut * 427 1,89472 47,97472 fr5400405 c 'teaux calcaires entre les bouchauds et marsac * 222 0,00194 45,78306 fr5400406 for ts de la braconne et de bois blanc * 4 588 0,30056 45,71528 fr5400407 grotte de rancogne 1 0,40639 45,6975 fr5400410 les chaumes boissi res et c 'teaux de ch teauneuf-sur-charente * 625 0,09417 45,61028 fr5400411 chaumes du vignac et de cl rignac * 103 0,05528 45,56444 fr5400413 vall es calcaires p ri-angoumoisines * 1 654 0,145 45,59583 fr5400417 vall e du n et ses principaux affluents * 4 630 0,17278 45,51306 fr5400419 vall e de la tude * 1 557 0,11556 45,375 fr5400420 c 'teaux du montmor lien * 323 0,255 45,43333 fr5400422 landes de touverac - saint-vallier * 2 222 0,2375 45,41111 fr5400424 ile de r : fier d'ars * 3 890 1,46194 46,22972 fr5400425 ile de r : dunes et for ts littorales * 534 1,53528 46,21556 fr5400429 marais de rochefort * 13 604 0,97222 46,01583 fr5400430 vall e de la charente (basse vall e) * 10 723 0,98028 45,92444 fr5400431 marais de brouage (et marais nord d'ol ron) * 26 095 1,12556 45,87 fr5400432 marais de la seudre * 13 983 1,08361 45,78028 fr5400433 dunes et for ts littorales de l'ile d'ol ron * 2 904 1,24361 45,84861 fr5400434 presqu'ile d'arvert * 9 725 1,20111 45,73139 fr5400435 chaumes de sechebec * 39,96 0,74028 45,89972 fr5400437 landes de montendre * 3 141 0,35139 45,19083 fr5400438 marais et falaises des c 'teaux de gironde * 12 508 0,76583 45,31194 fr5400439 vall e de l'argenton * 738 0,42417 46,99056 fr5400441 ruisseau le magot * 241 0,04333 46,62139 fr5400442 bassin du thouet amont * 7 079 0,30389 46,62389 fr5400443 vall e de l autize 226 0,48333 46,51194 fr5400444 vall e du magnerolles * 1 826 0,13083 46,41806 fr5400445 chaumes d'avon 1 511 0,02972 46,37278 fr5400446 marais poitevin * 20 323 1,08389 46,25139 fr5400447 vall e de la boutonne * 7 333 0,26861 46,15806 fr5400448 carri res de loubeau 30,37 0,14917 46,21306 fr5400450 massif forestier de chiz -aulnay * 17 357 0,19222 46,04167 fr5400452 carri res des pieds grimaud 4,71 0,61917 46,775 fr5400453 landes du pinail * 925 0,51389 46,70278 fr5400457 for t et pelouses de lussac-les-ch teaux * 933 0,71139 46,42583 fr5400458 brandes de la pierre-la * 780 0,9375 46,48972 fr5400459 vall e du corchon * 62,87 1,10139 46,49583 fr5400460 brandes de montmorillon * 2 779 0,95333 46,40861 fr5400463 vall e de la crochati re 19,39 0,66667 46,27056 fr5400465 landes de cadeuil * 575 0,93917 45,76694 fr5400467 vall e de salleron * 150 1,005 46,43944 fr5400469 pertuis charentais * 456 027 1,58722 46,04417 fr5400471 carri res de saint-savinien 146 0,68556 45,8875 fr5400472 moyenne vall e de la charente et seugnes et coran * 7 106 0,63056 45,72972 fr5400473 vall e de l'antenne * 1 208 0,37389 45,75861 fr5400535 vall e de l'anglin * 568 0,88639 46,69139 fr5402001 carri re de l'enfer 41,11 0,97028 45,75778 fr5402002 carri re de fief de foye 16,8 0,80833 45,84389 fr5402003 carri res de bellevue 1,09 0,42389 45,43194 fr5402004 basse vall e de la gartempe * 674 0,83083 46,66667 fr5402008 haute vall e de la seugne en amont de pons et affluents * 4 342 0,44889 45,44556 fr5402009 vall e de la charente entre angoul me et cognac et ses principaux affluents (soloire, boeme, echelle) * 5 373 0,2675 45,65417 fr5402010 vall es du lary et du palais * 1 844 0,215 45,20472 fr5402011 citerne de sainte-ouenne 0,03 0,44167 46,44444 fr5402012 plateau de rochebonne 9 715 2,46778 46,20111 fr7200660 la dordogne * 5 694 0,08278 44,83306 fr7200661 vall e de l'isle de p rigueux sa confluence avec la dordogne * 7 948 0,19111 45,02361 fr7200662 vall e de la dronne de brant 'me sa confluence avec l'isle * 5 173 0,21611 45,28083 fr7200663 vall e de la nizonne * 3 391 0,26056 45,39639 fr7200664 coteaux calcaires de la vall e de la dordogne 3 686 1,32895 44,86466 fr7200665 coteaux calcaires de proissans, sainte-nathal ne et saint-vincent-le-paluel 428 1,28088 44,89091 fr7200666 vall es des beunes * 5 510 1,11194 44,91889 fr7200667 coteaux calcaires de la vall e de la v z re 599 1,07028 45,01222 fr7200668 la v z re 450 1,13528 45,03833 fr7200669 vallon de la sandonie * 672 0,52361 45,34167 fr7200670 coteaux de la dronne 272 0,52389 45,29111 fr7200671 vall es de la double * 4 520 0,27391 45,16773 fr7200672 coteaux calcaires du causse de daglan et de la vall e du c ou 1 195 1,173 44,73154 fr7200673 grottes d'azerat 463 1,11361 45,16917 fr7200675 grotte de saint-sulpice d'eymet 68,79 0,43499 44,76806 fr7200676 coteaux calcaires de borr ze 416 1,4003 44,94949 fr7200677 estuaire de la gironde * 61 080 0,83917 45,4575 fr7200678 dunes du littoral girondin de la pointe de grave au cap ferret * 5 995 1,24129 44,70679 fr7200679 bassin d'arcachon et cap ferret * 22 684 1,16417 44,66389 fr7200680 marais du bas m doc * 15 463 0,99536 45,38863 fr7200681 zones humides de l'arri re dune du littoral girondin * 11 184 1,11528 45,00861 fr7200682 palus de saint-loubes et d'izon * 1 239,84 2,74 44,93056 fr7200683 marais du haut m doc * 5 055 0,81398 45,31768 fr7200684 marais de braud-et-saint-louis et de saint-ciers-sur-gironde * 4 850 0,65389 45,23861 fr7200685 vall e et palus du moron * 945 0,48528 45,04861 fr7200686 marais du bec d'amb s * 2 204 0,5125 44,97472 fr7200687 marais de bruges, blanquefort et parampuyre * 256 0,5975 44,90194 fr7200688 bocage humide de cadaujac et saint-m dard-d'eyrans * 1 589 0,51861 44,75167 fr7200689 vall es de la saye et du meudon * 306 0,37028 45,09778 fr7200690 r seau hydrographique de l'engranne * 633 0,17484 44,74988 fr7200691 vall e de l'euille * 331 0,25861 44,67639 fr7200692 r seau hydrographique du dropt * 2 450 0,08694 44,65278 fr7200693 vall e du ciron * 3 379 0,42028 44,42194 fr7200694 r seau hydrographique de la bassanne * 321 0,10888 44,50349 fr7200695 r seau hydrographique du lisos * 940 0,01111 44,46917 fr7200696 domaine d partemental d'hostens * 413 0,63923 44,49926 fr7200697 boisements ch nes verts des dunes du littoral girondin * 2 070 1,14713 45,04223 fr7200698 carri res de c nac 22,63 0,46027 44,79683 fr7200699 grottes du trou noir 179 0,03694 44,66583 fr7200700 la garonne * 6 684 0,17663 44,65074 fr7200702 for ts dunaires de la teste-de-buch * 5 333 1,17186 44,57771 fr7200703 for t de la pointe de grave 302 1,09167 45,55361 fr7200705 carri res souterraines de villegouge 960 0,32498 44,9449 fr7200708 lagunes de saint-magne et louchats * 213 0,6107 44,51227 fr7200709 lagunes de saint-symphorien * 22 0,56194 44,42556 fr7200710 dunes modernes du littoral landais d'arcachon mimizan plage * 739 1,25472 44,41944 fr7200711 dunes modernes du littoral landais de mimizan plage au vieux-boucau * 593 1,32278 44,07556 fr7200712 dunes modernes du littoral landais de vieux-boucau hossegor * 176 1,42639 43,73444 fr7200713 dunes modernes du littoral landais de capbreton tarnos * 439 1,45472 43,61583 fr7200714 zones humides de l'arri re dune des pays de born et de buch * 12 915 1,172 44,32748 fr7200715 zones humides de l'ancien tang de lit-et-mixe * 2 188 1,26222 44,05472 fr7200716 zones humides de l' tang de l on * 1 598 1,37917 43,88352 fr7200717 zones humides de l'arri re dune du marensin * 1 616 1,3474 43,75861 fr7200718 zones humides de moliets, la prade et moisans * 100 1,37556 43,82722 fr7200719 zones humides associ es au marais d'orx * 988 1,39417 43,58833 fr7200720 barthes de l'adour * 12 246 1,20669 43,55188 fr7200721 vall es de la grande et de la petite leyre * 5 686 0,77528 44,43472 fr7200722 r seau hydrographique des affluents de la midouze * 4 914 0,43639 43,98389 fr7200723 champ de tir de captieux * 9 284 0,35333 44,22389 fr7200724 l'adour * 3 565 1,20571 43,64477 fr7200725 zone humide du m tro * 159 1,48556 43,56 fr7200727 tourbi re de m es * 108 1,10639 43,71806 fr7200728 lagunes de brocas * 6 0,55556 44,05833 fr7200729 coteaux de la vall e de la l mance * 230 0,99438 44,5881 fr7200732 coteaux de th zac et de montayral * 434 0,99317 44,45348 fr7200733 coteaux du boudouyssou et plateau de lascrozes * 1 228 1,02226 44,38868 fr7200736 coteaux du ruisseau des gascons 225 0,82639 44,16778 fr7200737 le boudouyssou 236 0,81499 44,38352 fr7200738 l'ourbise * 377 0,27694 44,38333 fr7200739 vall e de l'avance * 179 0,1115 44,24092 fr7200741 la g lise * 3 785 0,02242 43,92104 fr7200742 massif du moulle de jaout * 16 600 0,40667 43,03861 fr7200745 massif du montagnon * 8 871 0,51778 43,02972 fr7200749 montagnes du bar tous * 14 600 0,77639 43,04639 fr7200750 montagnes de la haute soule * 14 750 0,89694 42,99917 fr7200751 montagnes du pic des escaliers * 8 600 0,98556 43,05611 fr7200752 massif des arbailles * 13 000 1,01694 43,12389 fr7200754 montagnes de saint-jean-pied-de-port * 12 567 1,19778 43,07278 fr7200756 montagnes des aldudes * 18 474 1,34302 43,09749 fr7200758 massif du baygoura * 3 475 1,29472 43,27778 fr7200759 massif du mondarrain et de l'artzamendi * 5 792 1,42379 43,291 fr7200760 massif de la rhune et de choldocogagna * 5 385 1,62028 43,31667 fr7200766 vallon du clamond * 267 0,64861 43,47778 fr7200770 parc bois du ch teau de pau * 19 0,38583 43,29583 fr7200771 coteaux du tursan 996,03 0,34437 43,60387 fr7200774 baie de chingoudy 341 1,77361 43,36694 fr7200775 domaine d'abbadia et corniche basque * 571 1,71917 43,38833 fr7200776 falaises de saint-jean-de-luz biarritz * 1 353 1,60667 43,43417 fr7200777 lac de mouriscot * 21 1,55944 43,45556 fr7200779 coteaux de castetpugon, de cadillon et de lembeye * 220 0,23722 43,55528 fr7200781 gave de pau * 8 212 0,65028 43,40222 fr7200782 tourbi re de louvie-juzon * 31 0,38306 43,09583 fr7200784 ch teau d'orthez et bords du gave 4 300 0,83806 43,46917 fr7200785 la nivelle (estuaire, barthes et cours d'eau) * 1 450 1,64167 43,37083 fr7200786 la nive * 9 473 1,37981 43,26424 fr7200787 l'ardanavy (cours d'eau) * 627 1,38333 43,43722 fr7200788 la joyeuse (cours d'eau) * 450 1,26139 43,48528 fr7200789 la bidouze (cours d'eau) * 2 550 1,05972 43,38278 fr7200790 le saison (cours d'eau) * 2 200 0,87361 43,2375 fr7200791 le gave d'oloron (cours d'eau) et marais de labastide-villefranche * 2 450 0,85556 43,37472 fr7200792 le gave d'aspe et le lourdios (cours d'eau) * 1 600 0,60806 43,07444 fr7200793 le gave d'ossau * 2 300 0,41833 43,07806 fr7200795 tunnel de saint-amand-de-coly 63 1,22556 45,04333 fr7200797 r seau hydrographique du gat mort et du saucats * 1 400 0,53484 44,61414 fr7200798 site du griffoul, confluence de l'automne * 10 0,55639 44,39028 fr7200799 carri res de castelculier 26,42 0,70638 44,17748 fr7200800 caves de n rac 1,29 0,33363 44,1353 fr7200801 r seau hydrographique du brion * 326 0,26806 44,50333 fr7200802 r seau hydrographique du beuve * 713 0,15656 44,48426 fr7200803 r seau hydrographique du gestas * 404 0,36278 44,83722 fr7200804 r seau hydrographique de la pimpinne * 100 0,47139 44,78806 fr7200805 r seau hydrographique des jalles de saint-m dard et d'eysines * 964 0,7657 44,85525 fr7200806 r seau hydrographique du midou et du ludon * 6 533 0,23528 43,89972 fr7200807 tunnel d'excideuil 4 1,03389 45,355 fr7200808 carri re de lanquais - les roques 269 0,67718 44,80448 fr7200809 r seau hydrographique de la haute dronne * 2 118 0,87333 45,57083 fr7200810 plateau d'argentine * 197 0,39042 45,46469 fr7200811 panache de la gironde et plateau rocheux de cordouan (syst me pertuis gironde) * 95 256 1,42889 45,54944 fr7200812 portion du littoral sableux de la c 'te aquitaine * 50 716 1,33389 45,12 fr7200813 c 'te basque rocheuse et extension au large 7 790 1,63958 43,45692 fr7300835 grotte d'aliou * 1 1,04917 42,99 fr7300836 chars de moulis et de liqu , grotte d'aubert, soulane de balagu res et de sainte-catherine, granges des vall es de sour et d'astien * 4 377 1,03778 42,96306 fr7300840 grotte de tourtouse 1 1,12639 43,09001 fr7300841 queirs du mas d'azil et de camarade, grottes du mas d'azil et de la carri re de sabarat * 1 629 1,33556 43,07972 fr7300847 vall e du tarn (de brousse jusqu'aux gorges) * 3 713 2,7425 44,04639 fr7300877 tourbi re du rey * 19,21 2,00722 44,45472 fr7300879 lande de la borie * 117 1,96944 44,29611 fr7300884 zones rupestres x rothermiques du bassin de marignac, saint-b at, pic du gar, montagne de ri * 7 680 0,72667 42,95 fr7300885 cha nons calcaires du pi mont commingeois * 6 198 0,67139 43,02028 fr7300887 c 'tes de bieil et de montouss * 98,32 0,64333 43,30194 fr7300889 vall e de l'adour * 2 694 0,01722 43,65278 fr7300891 tangs d'armagnac * 1 028 0,03083 43,89583 fr7300893 coteaux de lizet et de l'osse vers montesquiou 1 865 0,35278 43,58167 fr7300897 vall e et coteaux de la lauze * 5 399 0,69733 43,45547 fr7300898 vall e de la dordogne quercynoise * 5 567 1,63611 44,90472 fr7300900 vall e de la c re et tributaires * 3 031 1,9725 44,95306 fr7300902 vall es de l'ouysse et de l'alzou * 3 009 1,59778 44,78889 fr7300904 marais de la fondial * 25,5 1,67167 45,00417 fr7300905 vieux ch nes de cantegrel 12,59 1,56583 44,75361 fr7300906 vieux ch nes de la panonnie 28,29 1,65972 44,77333 fr7300907 vieux ch nes des imbards 33,09 1,63806 44,85 fr7300909 zone centrale du causse de gramat * 6 426 1,66556 44,67056 fr7300910 vall es de la rauze et du vers et vallons tributaires * 4 817 1,55194 44,56472 fr7300912 moyenne vall e du lot inf rieure * 2 554 1,64417 44,4825 fr7300913 basse vall e du c l * 4 702 1,77028 44,55194 fr7300914 grotte de fond d'erbies 1 1,68389 44,41361 fr7300915 pelouses de lalbenque * 401 1,56917 44,35194 fr7300917 serres de saint-paul-de-loubressac et de saint-barth l my, et causse de pech tondut * 832 1,46444 44,32 fr7300919 serres de labastide-de-penne et de belfort-du-quercy * 616 1,56472 44,26917 fr7300920 granquet-pibeste et soum d'ech * 7 275 0,15361 43,05833 fr7300922 gaves de pau et de cauterets (et gorge de cauterets) * 482 0,0895 42,98624 fr7300936 tourbi re et lac de lourdes * 73,04 0,08778 43,10917 fr7300940 tourbi re de clarens * 139 0,42056 43,14611 fr7300944 montagne noire occidentale * 1 919 2,07083 43,43278 fr7300945 causse de caucali res et labrugui re * 2 001 2,31389 43,54583 fr7300951 for t de la gr signe * 3 604 1,75194 44,02528 fr7300952 gorges de l'aveyron, causses proches et vall e de la v re * 11 660 1,71167 44,08444 fr7300953 causse de gaussou et sites proches 198 1,66861 44,19417 fr7301631 vall es du tarn, de l'aveyron, du viaur, de l'agout et du gijou * 17 180 2,1975 44,16194 fr7301822 garonne, ari ge, hers, salat, pique et neste * 9 602 1,83139 43,08389 fr7302002 cavit s et coteaux associ s en quercy-gascogne 1 103 0,76722 44,0675 fr7401103 vall e de la dordogne sur l'ensemble de son cours et affluents * 7 620 2,13167 45,22694 fr7401108 landes et pelouses serpentinicoles du sud corr zien 115 1,93 44,99056 fr7401119 pelouses calcicoles et for ts du causse corr zien * 140 1,48167 45,08972 fr7401120 ab mes de la fage 1 1,52694 45,07861 fr9101446 vall e du lampy 9 555 2,15667 43,33167 ie0000006 killyconny bog (cloghbally) sac * 191,1447 6,969195 53,788959 ie0000007 lough oughter and associated loughs sac * 4 755,8649 7,445987 54,054241 ie0000014 ballyallia lake sac 182,1718 8,982765 52,873724 ie0000016 ballycullinan lake sac * 192,494 9,056645 52,921227 ie0000019 ballyogan lough sac * 379,732 8,936216 52,96603 ie0000020 black head-poulsallagh complex sac * 7 801,9926 9,268223 53,100592 ie0000030 danes hole, poulnalecka sac 38,4276 8,698188 52,796334 ie0000032 dromore woods and loughs sac * 877,0417 8,965119 52,927385 ie0000036 inagh river estuary sac * 390,8643 9,337482 52,945176 ie0000037 pouladatig cave sac 3,3594 9,036494 52,832197 ie0000051 lough gash turlough sac * 25,3149 8,901035 52,757633 ie0000054 moneen mountain sac * 6 104,8166 9,130409 53,060118 ie0000057 moyree river system sac * 477,6747 8,919008 52,957974 ie0000064 poulnagordon cave (quin) sac 0,0497 8,857693 52,813791 ie0000077 ballymacoda (clonpriest and pillmore) sac 486,3263 7,906733 51,904823 ie0000090 glengarriff harbour and woodland sac * 1 305,2151 9,560452 51,75272 ie0000091 clonakilty bay sac * 507,7647 8,871552 51,602534 ie0000093 caha mountains sac * 6 856,1169 9,670702 51,749373 ie0000097 lough hyne nature reserve and environs sac 450,9426 9,287208 51,496624 ie0000101 roaringwater bay and islands sac 14 253,0885 9,495431 51,480844 ie0000102 sheep's head sac 3 133,8989 9,716957 51,58975 ie0000106 st. gobnet's wood sac 43,8516 9,1672 51,943636 ie0000108 the gearagh sac * 557,714 8,984193 51,882129 ie0000109 three castle head to mizen head sac 341,5114 9,815977 51,475966 ie0000111 aran island (donegal) cliffs sac 517,6938 8,55166 55,002251 ie0000115 ballintra sac * 47,1833 8,11359 54,566525 ie0000116 ballyarr wood sac 30,012 7,711694 55,029027 ie0000129 croaghonagh bog sac * 248,8745 7,911782 54,739937 ie0000133 donegal bay (murvagh) sac * 1 809,4704 8,154986 54,625899 ie0000138 durnesh lough sac * 357,2808 8,194874 54,572831 ie0000140 fawnboy bog/lough nacung sac * 1 104,9312 8,160693 55,040438 ie0000142 gannivegil bog sac * 2 152,7316 8,267745 54,902964 ie0000147 horn head and rinclevan sac * 2 343,318 7,995926 55,198769 ie0000154 inishtrahull sac 471,0219 7,239844 55,435493 ie0000163 lough eske and ardnamona wood sac * 860,3421 8,044907 54,695827 ie0000164 lough nagreany dunes sac * 221,0588 7,767829 55,226946 ie0000165 lough nillan bog (carrickatlieve) sac * 4 156,0162 8,25358 54,759093 ie0000168 magheradrumman bog sac * 997,2722 7,177012 55,198165 ie0000172 meenaguse/ardbane bog sac * 668,2386 8,156332 54,727567 ie0000173 meentygrannagh bog sac * 529,7979 7,977602 54,900305 ie0000174 curraghchase woods sac * 358,0539 8,8723 52,595607 ie0000181 rathlin o'birne island sac 811,2263 8,821936 54,668332 ie0000185 sessiagh lough sac 71,6045 7,935409 55,171159 ie0000189 slieve league sac * 3 924,2727 8,72637 54,661935 ie0000190 slieve tooey/tormore island/loughros beg bay sac * 9 431,4493 8,609457 54,750597 ie0000191 st. john's point sac * 1 078,4635 8,462979 54,574296 ie0000194 tranarossan and melmore lough sac * 653,3504 7,813723 55,232244 ie0000197 west of ardara/maas road sac * 6 736,1547 8,402926 54,819942 ie0000199 baldoyle bay sac 538,7018 6,111741 53,402305 ie0000202 howth head sac 374,717 6,06453 53,373762 ie0000204 lambay island sac 405,1279 6,014418 53,491078 ie0000205 malahide estuary sac * 809,3435 6,152072 53,461167 ie0000206 north dublin bay sac * 1 474,3539 6,135827 53,368691 ie0000208 rogerstown estuary sac * 586,2142 6,132021 53,504472 ie0000210 south dublin bay sac 741,7997 6,187783 53,323523 ie0000212 inishmaan island sac * 792,6617 9,591565 53,081565 ie0000213 inishmore island sac * 14 659,7756 9,734597 53,136322 ie0000216 river shannon callows sac * 5 853,9413 8,021603 53,253503 ie0000218 coolcam turlough sac * 138,629 8,641605 53,686551 ie0000231 barroughter bog sac * 173,9467 8,310926 53,078952 ie0000238 caherglassaun turlough sac * 165,583 8,885907 53,102821 ie0000242 castletaylor complex sac * 145,5549 8,816898 53,185554 ie0000248 cloonmoylan bog sac * 554,1863 8,33174 53,053519 ie0000252 coole-garryland complex sac * 1 119,9322 8,851855 53,086979 ie0000255 croaghill turlough sac * 47,3461 8,613204 53,685185 ie0000261 derrycrag wood nature reserve sac 118,3694 8,386623 53,04349 ie0000268 galway bay complex sac * 14 402,7731 9,038232 53,1998 ie0000278 inishbofin and inishshark sac * 2 794,0607 10,224191 53,616597 ie0000285 kilsallagh bog sac * 279,6136 8,494304 53,651889 ie0000286 kiltartan cave (coole) sac 0,0088 8,822594 53,098277 ie0000295 levally lough sac * 57,9722 8,71021 53,52913 ie0000296 lisnageeragh bog and ballinastack turlough sac * 455,3024 8,515177 53,619731 ie0000297 lough corrib sac * 25 207,4811 9,183021 53,441311 ie0000299 lough cutra sac 658,7306 8,788612 53,030934 ie0000301 lough lurgeen bog/glenamaddy turlough sac * 1 161,6192 8,526829 53,58497 ie0000304 lough rea sac 365,4106 8,575758 53,188124 ie0000308 loughatorick south bog sac * 887,9576 8,469415 52,987077 ie0000318 peterswell turlough sac * 245,4676 8,739662 53,129664 ie0000319 pollnaknockaun wood nature reserve sac 80,5341 8,384212 53,063775 ie0000322 rahasane turlough sac * 351,4259 8,786386 53,220658 ie0000324 rosroe bog sac * 261,9268 9,872286 53,409763 ie0000326 shankill west bog sac * 136,3372 8,556374 53,518673 ie0000328 slyne head islands sac 2 383,5467 10,195513 53,425221 ie0000330 tully mountain sac 473,2983 10,015457 53,586762 ie0000332 akeragh, banna and barrow harbour sac * 1 199,2536 9,845266 52,320157 ie0000335 ballinskelligs bay and inny estuary sac 1 628,1696 10,209836 51,829974 ie0000343 castlemaine harbour sac * 8 683,051 9,868629 52,1181 ie0000353 old domestic building, dromore wood sac 123,5698 9,708288 51,859482 ie0000364 kilgarvan ice house sac 17,2476 9,464278 51,896396 ie0000365 killarney national park, macgillycuddy's reeks and caragh river catchment sac * 76 444,9894 9,744052 51,965279 ie0000370 lough yganavan and lough nambrackdarrig sac * 271,6036 9,884771 52,09417 ie0000375 mount brandon sac * 14 349,0664 10,181047 52,213724 ie0000382 sheheree (ardagh) bog sac * 17,0688 9,481025 52,040039 ie0000391 ballynafagh bog sac * 156,393 6,779178 53,294838 ie0000396 pollardstown fen sac * 266,0715 6,848379 53,189822 ie0000397 red bog, kildare sac 36,4722 6,535123 53,196776 ie0000404 hugginstown fen sac 63,9015 7,233135 52,42618 ie0000407 the loughans sac * 40,4489 7,534121 52,723516 ie0000412 slieve bloom mountains sac * 4 877,0793 7,592531 53,075986 ie0000428 lough melvin sac 2 268,8696 8,184708 54,433043 ie0000432 barrigone sac * 66,3292 9,037241 52,601133 ie0000439 tory hill sac * 78,1492 8,686142 52,538184 ie0000440 lough ree sac * 14 365,0257 7,976664 53,549849 ie0000448 fortwilliam turlough sac * 51,4841 7,978038 53,618465 ie0000453 carlingford mountain sac * 3 099,8661 6,271252 54,058699 ie0000455 dundalk bay sac 5 234,0452 6,338446 53,958567 ie0000458 killala bay/moy estuary sac * 2 180,897 9,164044 54,204561 ie0000461 ardkill turlough sac * 36,9879 9,097147 53,607446 ie0000463 balla turlough sac * 54,8795 9,117272 53,803677 ie0000466 bellacorick iron flush sac 17,3527 9,523057 54,160948 ie0000470 mullet/blacksod bay complex sac * 14 023,0241 10,015885 54,146253 ie0000471 brackloon woods sac 80,201 9,560313 53,759833 ie0000472 broadhaven bay sac 9 071,3789 9,906985 54,290653 ie0000474 ballymaglancy cave, cong sac 9,2966 9,337992 53,537729 ie0000475 carrowkeel turlough sac * 54,3661 9,059403 53,667159 ie0000476 carrowmore lake complex sac * 3 646,7812 9,725215 54,172363 ie0000479 cloughmoyne sac * 97,7575 9,172956 53,491152 ie0000480 clyard kettle-holes sac * 126,4579 9,178822 53,580953 ie0000484 cross lough (killadoon) sac 56,6691 9,909647 53,70544 ie0000485 corraun plateau sac 3 885,3066 9,859192 53,894125 ie0000492 doocastle turlough sac * 76,8473 8,641336 54,027127 ie0000495 duvillaun islands sac 529,804 10,155905 54,07892 ie0000497 flughany bog sac * 230,9941 8,590791 54,009185 ie0000500 glenamoy bog complex sac * 13 057,2123 9,643058 54,280282 ie0000503 greaghans turlough sac * 58,6843 9,074908 53,609886 ie0000504 kilglassan/caheravoostia turlough complex sac * 156,9812 9,095321 53,625074 ie0000507 inishkea islands sac * 1 229,7619 10,20568 54,129495 ie0000516 lackan saltmarsh and kilcummin head sac * 539,8143 9,242786 54,276863 ie0000522 lough gall bog sac * 362,5806 9,810712 53,940034 ie0000525 shrule turlough sac * 228,0597 9,112752 53,533316 ie0000527 moore hall (lough carra) sac 0,0849 9,226345 53,713451 ie0000532 oldhead wood sac 85,2856 9,782549 53,77639 ie0000534 owenduff/nephin complex sac * 27 052,0463 9,69431 54,016642 ie0000541 skealoghan turlough sac * 54,0463 9,140667 53,609428 ie0000542 slieve fyagh bog sac * 2 375,8953 9,672905 54,206854 ie0000566 all saints bog and esker sac * 369,5198 7,982516 53,151117 ie0000571 charleville wood sac 377,3547 7,524383 53,260063 ie0000572 clara bog sac * 836,177 7,627744 53,320518 ie0000575 ferbane bog sac * 153,0163 7,835814 53,283599 ie0000576 fin lough (offaly) sac 78,0628 7,95118 53,314889 ie0000580 mongan bog sac * 207,7403 7,952509 53,327979 ie0000581 moyclare bog sac * 129,8045 7,884076 53,268415 ie0000582 raheenmore bog sac * 209,9195 7,343008 53,337735 ie0000584 cuilcagh - anierin uplands sac * 9 735,5289 7,883404 54,153495 ie0000585 sharavogue bog sac * 223,3357 7,929572 53,038003 ie0000588 ballinturly turlough sac * 178,4113 8,244885 53,588025 ie0000592 bellanagare bog sac * 1 207,0797 8,436328 53,827269 ie0000595 callow bog sac * 617,6538 8,499905 53,910376 ie0000597 carrowbehy/caher bog sac * 343,6824 8,652358 53,793971 ie0000600 cloonchambers bog sac * 348,0581 8,56517 53,769791 ie0000604 derrinea bog sac * 86,149 8,691888 53,843027 ie0000606 lough fingall complex sac * 606,777 8,88303 53,182495 ie0000607 errit lough sac 84,5895 8,700247 53,813839 ie0000609 lisduff turlough sac * 69,694 8,241207 53,550161 ie0000610 lough croan turlough sac * 155,0195 8,181086 53,494461 ie0000611 lough funshinagh sac * 480,7526 8,102579 53,512347 ie0000612 mullygollan turlough sac * 43,7725 8,306487 53,764439 ie0000614 cloonshanville bog sac * 225,6692 8,378289 53,873216 ie0000622 ballysadare bay sac * 2 144,5535 8,588966 54,235593 ie0000623 ben bulben, gleniff and glenade complex sac * 5 981,2416 8,381843 54,364737 ie0000625 bunduff lough and machair/trawalua/mullaghmore sac * 4 387,1826 8,448591 54,465457 ie0000627 cummeen strand/drumcliff bay (sligo bay) sac * 4 917,0141 8,582751 54,321554 ie0000633 lough hoe bog sac * 3 214,0373 8,97925 54,066187 ie0000634 lough nabrickkeagh bog sac * 271,8197 8,890983 54,083204 ie0000636 templehouse and cloonacleigha loughs sac 492,6379 8,591053 54,097181 ie0000637 turloughmore (sligo) sac * 74,1695 8,692678 54,066769 ie0000638 union wood sac 60,4767 8,487992 54,203419 ie0000641 ballyduff/clonfinane bog sac * 269,4484 8,003291 53,081443 ie0000646 galtee mountains sac * 6 418,9944 8,144508 52,366795 ie0000647 kilcarren-firville bog sac * 676,3799 8,087758 53,064968 ie0000665 helvick head sac 205,0463 7,541798 52,048167 ie0000668 nier valley woodlands sac 94,063 7,642615 52,27363 ie0000671 tramore dunes and backstrand sac * 752,4999 7,102868 52,158388 ie0000679 garriskil bog sac * 324,671 7,455681 53,654497 ie0000685 lough ennell sac 1 719,633 7,403824 53,467332 ie0000688 lough owel sac 1 122,0838 7,392939 53,573229 ie0000692 scragh bog sac 23,9254 7,36029 53,579278 ie0000696 ballyteige burrow sac * 703,0897 6,652128 52,20533 ie0000697 bannow bay sac * 1 325,1155 6,795321 52,232761 ie0000700 cahore polders and dunes sac * 264,7641 6,213815 52,543123 ie0000704 lady's island lake sac * 540,0749 6,392541 52,193683 ie0000707 saltee islands sac 15 802,1404 6,598382 52,118025 ie0000708 screen hills sac 140,8727 6,389046 52,407055 ie0000709 tacumshin lake sac * 558,5722 6,46833 52,19666 ie0000710 raven point nature reserve sac * 594,2585 6,365526 52,356397 ie0000713 ballyman glen sac * 24,7064 6,15683 53,203405 ie0000714 bray head sac 264,1886 6,080234 53,181807 ie0000716 carriggower bog sac 93,1226 6,168902 53,104482 ie0000717 deputy's pass nature reserve sac 47,8804 6,163576 52,951678 ie0000719 glen of the downs sac 74,4523 6,116243 53,135977 ie0000725 knocksink wood sac * 89,7599 6,192544 53,20423 ie0000729 buckroney-brittas dunes and fen sac * 320,6474 6,076436 52,867081 ie0000733 vale of clara (rathdrum wood) sac 381,4557 6,235671 52,956363 ie0000764 hook head sac 16 932,7132 6,875343 52,103336 ie0000770 blackstairs mountains sac 5 050,7335 6,78943 52,584864 ie0000781 slaney river valley sac * 6 017,8108 6,562137 52,46298 ie0000831 cullahill mountain sac * 54,7202 7,489134 52,789724 ie0000849 spahill and clomantagh hill sac * 146,4724 7,507079 52,747816 ie0000859 clonaslee eskers and derry bog sac 278,666 7,607762 53,160907 ie0000869 lisbigney bog sac * 35,591 7,33466 52,862042 ie0000919 ridge road, sw of rapemills sac * 6,239 7,950867 53,134411 ie0000925 the long derries, edenderry sac * 30,2326 7,003653 53,31077 ie0000930 clare glen sac 21,8629 8,386969 52,685327 ie0000934 kilduff, devilsbit mountain sac * 134,2167 7,908239 52,825507 ie0000939 silvermine mountains sac * 24,8172 8,229554 52,779399 ie0000979 corratirrim sac * 116,9854 7,879463 54,272988 ie0000994 ballyteige (clare) sac 6,4332 9,265911 53,025751 ie0000996 ballyvaughan turlough sac * 21,7256 9,160646 53,109977 ie0001013 glenomra wood sac 52,743 8,578231 52,758459 ie0001021 carrowmore point to spanish point and islands sac * 4 236,472 9,505208 52,810224 ie0001040 barley cove to ballyrisode point sac * 794,6801 9,736347 51,474039 ie0001043 cleanderry wood sac 61,0638 9,933831 51,737763 ie0001058 great island channel sac 1 442,5965 8,261539 51,889909 ie0001061 kilkeran lake and castlefreke dunes sac * 98,0136 8,956461 51,55987 ie0001070 myross wood sac 3,9652 9,147431 51,57247 ie0001090 ballyness bay sac * 1 235,3051 8,133739 55,148725 ie0001107 coolvoy bog sac * 306,5536 8,192026 54,895513 ie0001125 dunragh loughs/pettigo plateau sac * 2 022,4828 7,95469 54,622957 ie0001141 gweedore bay and islands sac * 6 013,5467 8,3567 55,066335 ie0001151 kindrum lough sac 116,0552 7,711093 55,233442 ie0001179 muckish mountain sac 1 522,1485 7,993322 55,107063 ie0001190 sheephaven sac * 1 841,1897 7,854492 55,160192 ie0001195 termon strand sac * 86,8571 8,4387 54,932987 ie0001197 keeper hill sac * 413,5314 8,266845 52,75088 ie0001209 glenasmole valley sac * 149,231 6,363312 53,241488 ie0001228 aughrusbeg machair and lake sac 422,2529 10,166238 53,557594 ie0001230 courtmacsherry estuary sac * 735,1111 8,707702 51,643154 ie0001242 carrownagappul bog sac * 487,2228 8,497222 53,501303 ie0001251 cregduff lough sac 72,6112 9,926446 53,386821 ie0001257 dog's bay sac * 141,4384 9,962251 53,374983 ie0001271 gortnandarragh limestone pavement sac * 346,8893 9,213746 53,405875 ie0001275 inisheer island sac * 551,5381 9,530353 53,05571 ie0001285 kiltiernan turlough sac * 52,4142 8,850539 53,177198 ie0001309 omey island machair sac * 228,8601 10,162619 53,53363 ie0001311 rusheenduff lough sac 48,7369 10,007287 53,607736 ie0001312 ross lake and woods sac 323,0551 9,21938 53,375796 ie0001313 rosturra wood sac 38,2367 8,35048 53,064695 ie0001321 termon lough sac * 211,6951 8,872002 53,029909 ie0001342 cloonee and inchiquin loughs, uragh wood sac 1 154,049 9,696553 51,80392 ie0001371 mucksna wood sac 14,0749 9,590674 51,867854 ie0001387 ballynafagh lake sac 53,7134 6,791318 53,299715 ie0001398 rye water valley/carton sac * 72,256 6,537185 53,380163 ie0001403 arroo mountain sac * 3 966,1881 8,230582 54,384977 ie0001430 glen bog sac * 27,6619 8,506899 52,493697 ie0001432 glenstal wood sac 6,333 8,383751 52,666864 ie0001459 clogher head sac 23,7393 6,220524 53,793189 ie0001482 clew bay complex sac * 11 981,9388 9,652941 53,852307 ie0001497 doogort machair/lough doo sac * 184,2839 9,980465 54,019387 ie0001501 erris head sac 814,4538 10,040543 54,281017 ie0001513 keel machair/menaun cliffs sac * 1 615,33 10,036554 53,954725 ie0001529 lough cahasy, lough baun and roonah lough sac * 300,5789 9,894786 53,733409 ie0001536 mocorha lough sac * 66,6262 9,162935 53,539541 ie0001547 castletownshend sac 17,51 9,171171 51,537283 ie0001571 urlaur lakes sac 265,7845 8,75091 53,849948 ie0001625 castlesampson esker sac * 173,4206 8,107444 53,411062 ie0001626 annaghmore lough (roscommon) sac 249,8958 8,139895 53,797094 ie0001637 four roads turlough sac * 100,5187 8,240868 53,512344 ie0001656 bricklieve mountains & keishcorran sac * 1 695,4707 8,392111 54,049224 ie0001669 knockalongy and knockachree cliffs sac 115,55 8,739346 54,206074 ie0001673 lough arrow sac 1 457,5374 8,32212 54,057649 ie0001680 streedagh point dunes sac * 630,0352 8,534665 54,409962 ie0001683 liskeenan fen sac * 43,6838 8,052722 53,03629 ie0001741 kilmuckridge-tinnaberna sandhills sac * 85,7109 6,258883 52,493659 ie0001742 kilpatrick sandhills sac * 39,6898 6,150426 52,729865 ie0001757 holdenstown bog sac 4,0462 6,688552 52,909996 ie0001766 magherabeg dunes sac * 74,6074 6,031121 52,922519 ie0001774 lough carra/mask complex sac * 13 509,7694 9,335514 53,628041 ie0001776 pilgrim's road esker sac * 69,7343 7,943078 53,333252 ie0001786 kilroosky lough cluster sac * 56,811 7,242814 54,200868 ie0001810 white lough, ben loughs and lough doo sac 116,2797 7,215609 53,700237 ie0001818 lough forbes complex sac * 1 336,5159 7,878256 53,764845 ie0001831 split hills and long hill esker sac * 75,2272 7,466729 53,388834 ie0001847 philipston marsh sac 3,8036 8,165381 52,566886 ie0001858 galmoy fen sac 25,2195 7,568906 52,807623 ie0001873 derryclogher (knockboy) bog sac * 1 712,2159 9,426783 51,803762 ie0001879 glanmore bog sac * 1 147,7785 9,852641 51,712669 ie0001880 meenaguse scragh sac 627,1251 8,135723 54,763605 ie0001881 maulagowna bog sac * 425,8903 9,632326 51,813821 ie0001890 mullaghanish bog sac * 70,0177 9,143556 51,983958 ie0001898 unshin river sac * 916,6244 8,468005 54,160091 ie0001899 cloonakillina lough sac 68,4052 8,625162 54,003568 ie0001912 glendree bog sac * 339,9179 8,73274 52,944088 ie0001913 sonnagh bog sac * 464,7187 8,644665 53,124587 ie0001919 glenade lough sac 115,0215 8,271284 54,364528 ie0001922 bellacorick bog complex sac * 9 519,7529 9,451956 54,136307 ie0001926 east burren complex sac * 18 800,6579 9,004411 53,03124 ie0001932 mweelrea/sheeffry/erriff complex sac * 20 974,4504 9,707081 53,666756 ie0001952 comeragh mountains sac 6 290,4315 7,5674 52,23648 ie0001955 croaghaun/slievemore sac 3 293,8114 10,135495 53,994992 ie0001957 boyne coast and estuary sac * 629,2407 6,258186 53,72893 ie0001975 ballyhoorisky point to fanad head sac 1 292,4883 7,68013 55,252868 ie0001976 lough gill sac * 3 319,0297 8,341159 54,261523 ie0001992 tamur bog sac * 1 183,6192 7,967666 54,555386 ie0002005 bellacragher saltmarsh sac 16,8074 9,792633 53,943654 ie0002006 ox mountains bogs sac * 10 565,7845 8,841379 54,150469 ie0002008 maumturk mountains sac * 13 465,9668 9,659788 53,516112 ie0002010 old domestic building (keevagh) sac 0,0115 8,888554 52,831803 ie0002012 north inishowen coast sac * 7 066,0403 7,325237 55,302565 ie0002031 the twelve bens/garraun complex sac * 16 163,2331 9,854337 53,534227 ie0002032 boleybrack mountain sac * 4 242,3151 8,068182 54,246998 ie0002034 connemara bog complex sac * 49 197,326 9,626125 53,391664 ie0002036 ballyhoura mountains sac * 746,7035 8,52687 52,306463 ie0002037 carrigeenamronety hill sac 101,5268 8,436958 52,294267 ie0002041 old domestic building, curraglass wood sac 0,0252 9,394601 51,95386 ie0002047 cloghernagore bog and glenveagh national park sac * 33 445,5266 8,067274 54,999134 ie0002070 tralee bay and magharees peninsula, west to cloghane sac * 11 627,1064 9,94196 52,267746 ie0002074 slyne head peninsula sac * 4 026,4601 10,106825 53,441703 ie0002081 ballinafad sac 0,1451 9,183452 53,78194 ie0002091 newhall and edenvale complex sac 136,5948 9,007641 52,808631 ie0002098 old domestic building, askive wood sac 43,4275 9,8689 51,823001 ie0002110 corliskea/trien/cloonfelliv bog sac * 724,9061 8,506616 53,717645 ie0002111 kilkieran bay and islands sac * 21 403,8206 9,730381 53,280877 ie0002112 ballyseedy wood sac * 39,4919 9,656991 52,255117 ie0002117 lough coy sac * 77,3999 8,764451 53,110756 ie0002118 barnahallia lough sac 43,8606 10,120961 53,533114 ie0002119 lough nageeron sac 19,6484 9,875042 53,320697 ie0002120 lough bane and lough glass sac 203,4206 7,172822 53,68825 ie0002121 lough lene sac 490,7414 7,229217 53,66339 ie0002122 wicklow mountains sac * 32 931,3756 6,377046 53,085086 ie0002123 ardmore head sac 29,5099 7,709899 51,943463 ie0002124 bolingbrook hill sac * 205,9368 8,186049 52,764994 ie0002125 anglesey road sac * 32,9194 8,095873 52,652953 ie0002126 pollagoona bog sac * 55,0328 8,534506 53,014606 ie0002129 murvey machair sac * 80,126 10,011207 53,386662 ie0002130 tully lough sac 142,2193 9,983682 53,590908 ie0002135 lough nageage sac 156,7682 7,731816 54,614271 ie0002137 lower river suir sac * 7 096,9071 7,634765 52,3975 ie0002141 mountmellick sac 2,0287 7,265596 53,126599 ie0002144 newport river sac 1 402,5189 9,42988 53,926017 ie0002147 lisduff fen sac * 30,83 7,877657 53,053773 ie0002157 newgrove house sac 47,4057 8,821951 52,873107 ie0002158 kenmare river sac * 43 269,1798 10,054286 51,719924 ie0002159 mulroy bay sac 3 207,7649 7,728631 55,178916 ie0002161 long bank sac 3 370,8675 6,282113 52,300084 ie0002162 river barrow and river nore sac * 12 367,7623 7,182773 52,581543 ie0002164 lough golagh and breesy hill sac * 798,8285 8,053439 54,528036 ie0002165 lower river shannon sac * 68 300,01 9,427066 52,584082 ie0002170 blackwater river (cork/waterford) sac * 10 145,3164 8,39774 52,140588 ie0002171 bandon river sac * 321,12 9,097176 51,741918 ie0002172 blasket islands sac 22 701,8537 10,576032 52,085565 ie0002173 blackwater river (kerry) sac 5 900,1762 9,756747 51,892988 ie0002176 leannan river sac 1 731,0921 7,800901 55,01195 ie0002177 lough dahybaun sac 76,0993 9,528866 54,117836 ie0002179 towerhill house sac 60,7054 9,20024 53,723848 ie0002180 gortacarnaun wood sac 111,4867 8,73586 53,025496 ie0002181 drummin wood sac 84,8415 8,725073 53,043871 ie0002185 slieve mish mountains sac 9 787,4943 9,81038 52,202787 ie0002187 drongawn lough sac * 31,2041 9,841874 51,814727 ie0002189 farranamanagh lough sac * 27,301 9,690327 51,578909 ie0002193 ireland's eye sac 41,8121 6,063813 53,404874 ie0002213 glenloughaun esker sac * 5,6962 8,264747 53,293024 ie0002214 killeglan grassland sac * 60,9077 8,20223 53,429791 ie0002236 island fen sac 12,0175 7,818633 53,063179 ie0002241 lough derg, north-east shore sac * 3 646,6106 8,25131 53,03561 ie0002243 clare island cliffs sac 354,3754 10,019487 53,805243 ie0002244 ardrahan grassland sac * 200,9949 8,830991 53,165036 ie0002245 old farm buildings, ballymacrogan sac 0,1628 9,003884 52,924895 ie0002246 ballycullinan, old domestic building sac 5,7448 9,043391 52,917245 ie0002247 toonagh estate sac 5,8555 9,030502 52,886151 ie0002249 the murrough wetlands sac * 605,8522 6,04832 53,038985 ie0002250 carrowmore dunes sac * 442,3364 9,509787 52,754736 ie0002252 thomastown quarry sac * 3,8831 7,144438 52,534893 ie0002256 ballyprior grassland sac * 44,1838 7,131844 52,983426 ie0002257 moanour mountain sac 48,0252 8,24849 52,425021 ie0002258 silvermines mountains west sac 612,0941 8,277685 52,78005 ie0002259 tory island coast sac * 3 044,4332 8,230268 55,262242 ie0002261 magharee islands sac 2 268,6818 10,005719 52,331957 ie0002262 valencia harbour/portmagee channel sac 2 691,8418 10,316955 51,924483 ie0002263 kerry head shoal sac 5 794,7182 10,062958 52,44593 ie0002264 kilkee reefs sac 2 914,7768 9,675584 52,696618 ie0002265 kingstown bay sac 80,2496 10,126881 53,515641 ie0002268 achill head sac 7 161,894 10,162246 53,962208 ie0002269 carnsore point sac 8 731,9417 6,336857 52,185598 ie0002274 wicklow reef sac 1 532,5558 5,956834 52,973623 ie0002279 askeaton fen complex sac * 284,6479 8,936172 52,575157 ie0002280 dunbeacon shingle sac 42,4261 9,565068 51,601049 ie0002281 reen point shingle sac 6,5701 9,607076 51,601322 ie0002283 rutland island and sound sac * 3 865,6049 8,459244 54,96444 ie0002287 lough swilly sac * 9 257,6773 7,543991 55,063812 ie0002293 carrowbaun, newhall and ballylee turloughs sac * 105,6218 8,783321 53,108782 ie0002294 cahermore turlough sac * 64,0704 8,873615 53,118229 ie0002295 ballinduff turlough sac * 61,0579 8,806963 53,119641 ie0002296 williamstown turloughs sac * 232,4356 8,650217 53,661853 ie0002298 river moy sac * 15 389,8566 9,112987 53,989116 ie0002299 river boyne and river blackwater sac * 2 319,8631 6,784926 53,694149 ie0002301 river finn sac * 5 499,4336 7,954357 54,788023 ie0002303 dunmuckrum turloughs sac * 33,9035 8,213287 54,491166 ie0002306 carlingford shore sac 526,0522 6,162611 54,033876 ie0002312 slieve bernagh bog sac * 1 973,9689 8,551763 52,839278 ie0002313 ballymore fen sac 42,7128 7,637231 53,494627 ie0002314 old domestic buildings, rylane sac 13,8954 8,838521 52,89076 ie0002315 glanlough woods sac 16,5453 9,441009 51,870187 ie0002316 ratty river cave sac 0,7195 8,770806 52,764726 ie0002317 cregg house stables, crusheen sac 0,0151 8,84337 52,987988 ie0002318 knockanira house sac 0,0383 9,052924 52,781847 ie0002319 kilkishen house sac 0,4441 8,760745 52,801835 ie0002320 kildun souterrain sac 0,6491 9,235511 53,553398 ie0002324 glendine wood sac 19,6354 7,586083 52,120304 ie0002327 belgica mound province sac 41 090,4 11,710476 51,383879 ie0002328 hovland mound province sac 108 655 12,832667 52,202665 ie0002329 south-west porcupine bank sac 32 929,9 15,024771 51,799178 ie0002330 north-west porcupine bank sac 71 629,7 14,209739 53,631717 ie0002331 mouds bog sac * 590,9394 6,817105 53,214711 ie0002332 coolrain bog sac * 145,8927 7,600046 52,973263 ie0002333 knockacoller bog sac * 130,3396 7,539241 52,96946 ie0002336 carn park bog sac * 247,7848 7,827052 53,425494 ie0002337 crosswood bog sac * 206,5184 7,869571 53,411497 ie0002338 drumalough bog sac * 278,7744 8,592704 53,796674 ie0002339 ballynamona bog and corkip lough sac * 244,6738 8,093705 53,438169 ie0002340 moneybeg and clareisland bogs sac * 364,1688 7,333998 53,781509 ie0002341 ardagullion bog sac * 117,2805 7,524229 53,725749 ie0002342 mount hevey bog sac * 483,5827 7,067465 53,47769 ie0002343 tullaher lough and bog sac * 468,982 9,559029 52,706172 ie0002346 brown bog sac * 76,6489 7,854202 53,732079 ie0002347 camderry bog sac * 280,601 8,449641 53,564645 ie0002348 clooneen bog sac * 214,9338 7,895526 53,803256 ie0002349 corbo bog sac * 206,6708 8,085501 53,669386 ie0002350 curraghlehanagh bog sac * 278,1056 8,490654 53,530198 ie0002351 moanveanlagh bog sac * 214,6337 9,409774 52,454629 ie0002352 monivea bog sac * 286,5606 8,680725 53,361601 ie0002353 redwood bog sac * 554,7945 8,081914 53,149669 ie0002354 tullaghanrock bog sac * 103,8837 8,531283 53,911049 ie0002356 ardgraigue bog sac * 183,4622 8,242027 53,173772 ie0002953 blackwater bank sac 12 401,4417 6,205339 52,379454 ie0002998 west connacht coast sac 65 988,1794 10,0545 53,786997 ie0002999 hemptons turbot bank sac 4 492,6778 6,970855 55,440739 ie0003000 rockabill to dalkey island sac 27 313,8593 6,023103 53,425198 ie0003001 porcupine bank canyon sac 78 110 15,079162 51,992085 ie0003002 south east rockall bank sac 148 790 14,461355 55,99494 ie0003015 codling fault zone sac 2 982,2321 7 5,641399 53,328616 nl1000001 waddenzee * 264 858 5,2488 53,2711 nl1000002 ijsselmeer * 2 441 5,3872 53,0275 nl1000003 witterveld * 481 6,5078 52,9615 nl1000004 engbertsdijksvenen * 998 6,6679 52,4687 nl1000005 uiterwaarden zwarte water en vecht * 1 080 6,1043 52,5736 nl1000009 duinen den helder - callantsoog * 645 4,7146 52,8999 nl1000010 schoorlse duinen * 1 737 4,6625 52,6982 nl1000012 kennemerland-zuid * 8 171 4,5497 52,3636 nl1000013 meijendel & berkheide * 2 878 4,3532 52,149 nl1000014 westduinpark & wapendal * 246 4,2445 52,0819 nl1000015 haringvliet * 11 118 4,0629 51,8961 nl1000016 solleveld & kapittelduinen * 827 3,9722 51,5769 nl1000017 kop van schouwen * 2 242 3,7075 51,7029 nl1000020 manteling van walcheren * 735 3,5653 51,5856 nl1000021 krammer-volkerak * 6 081 4,2548 51,6492 nl1000022 kempenland-west * 1 882 5,1873 51,4273 nl1000024 strabrechtse heide & beuven * 1 843 5,6215 51,4007 nl1000026 deurnsche peel & mariapeel * 2 734 5,8849 51,4165 nl1000028 maasduinen * 5 274 6,1166 51,5594 nl1000029 brunssummerheide * 542 5,9971 50,9243 nl1000030 coepelduynen * 188 4,4147 52,2224 nl2000002 bargerveen * 2 083 7,0255 52,6765 nl2000008 meinweg * 1 822 6,1232 51,1636 nl2003001 aamsveen * 144 6,9504 52,1869 nl2003002 abdij lilbosch & voormalig klooster mariahoop 15 5,9679 51,0899 nl2003003 achter de voort, agelerbroek & voltherbroek * 323 6,9264 52,378 nl2003005 bekendelle * 88 6,699 51,9414 nl2003006 binnenveld 111 5,5824 52,0108 nl2003007 bergvennen & brecklenkampse veld * 133 7,0053 52,4319 nl2003009 boetelerveld * 171 6,3252 52,3634 nl2003010 boschhuizerbergen 277 6,0137 51,5503 nl2003011 de bruuk 99 5,9638 51,761 nl2003012 bunder- en elslo rbos * 190 5,7438 50,9103 nl2003013 canisvliet 141 3,8131 51,2189 nl2003014 drouwenerzand * 222 6,806 52,9626 nl2003015 elperstroomgebied * 351 6,668 52,8776 nl2003016 geleenbeekdal * 253 5,8896 50,9359 nl2003017 markermeer & ijmeer 1 109 5,0713 52,4483 nl2003019 groote gat 70 3,5022 51,3226 nl2003020 groote wielen * 604 5,8788 53,2266 nl2003021 hollands diep * 591 4,5516 51,71 nl2003023 ilperveld, varkensland, oostzanerveld & twiske * 1 910 4,916 52,457 nl2003024 kolland & overlangbroek * 107 5,4262 51,9954 nl2003025 kunderberg * 95 5,9576 50,866 nl2003026 langstraat 506 5,0066 51,6854 nl2003027 lemselermaten * 55 6,8755 52,3443 nl2003028 lieftinghsbroek * 20 7,119 53,0031 nl2003029 lonnekermeer * 105 6,8551 52,2767 nl2003030 uiterwaarden lek * 148 4,988 51,9686 nl2003031 mantingerbos 46 6,605 52,8115 nl2003032 mantingerzand * 780 6,5926 52,7777 nl2003033 noorbeemden & hoogbos * 55 5,801 50,7681 nl2003034 norgerholt 26 6,4521 53,057 nl2003035 oeffeltermeent * 101 5,9408 51,7104 nl2003036 oostelijke vechtplassen * 4 401 5,0901 52,2387 nl2003037 oude maas * 474 4,4396 51,8393 nl2003038 oudegaasterbrekken, fluessen en omgeving * 3 054 5,5049 52,9223 nl2003040 polder westzaan * 1 057 4,7859 52,45 nl2003042 roerdal * 834 6,0273 51,147 nl2003043 sarsven en de banen 154 5,7943 51,2677 nl2003044 stelkampsveld * 102 6,474 52,1157 nl2003045 swalmdal * 123 6,064 51,2314 nl2003047 ulvenhoutse bos * 112 4,81 51,5537 nl2003049 vogelkreek 97 4,0094 51,3404 nl2003050 wijnjeterper schar * 170 6,1613 53,0588 nl2003051 willinks weust * 52 6,785 51,9642 nl2003052 witte veen * 290 6,8696 52,1471 nl2003053 wooldse veen * 63 6,7447 51,9083 nl2003054 wormer- en jisperveld & kalverpolder * 1 453 4,8362 52,5079 nl2003055 zeldersche driessen * 82 6,0217 51,6944 nl2003059 duinen terschelling * 4 040 5,3073 53,3995 nl2003060 duinen en lage land texel * 4 083 4,7268 53,0524 nl2003061 duinen vlieland * 1 484 5,0098 53,281 nl2003063 olde maten & veerslootlanden 795 6,1162 52,6324 nl2003064 de wieden * 7 156 6,0625 52,6997 nl2008001 doggersbank 473 500 3,4782 55,1392 nl2008002 klaverbank 153 900 3,0844 54,0233 nl2008003 vlakte van de raan 17 521 3,3096 51,4866 nl2011015 van oordt's mersken * 536 6,1613 53,0588 nl2014067 rijntakken * 8 364 5,9452 51,9473 nl3000016 zwanenwater & pettemerduinen * 770 4,6875 52,8071 nl3000027 zwin & kievittepolder * 121 3,3711 51,3673 nl3000036 nieuwkoopse plassen & de haeck * 2 008 4,8046 52,1424 nl3000040 biesbosch * 9 640 4,7573 51,7513 nl3000061 naardermeer * 1 151 5,1147 52,2925 nl3000070 dwingelderveld * 3 768 6,4093 52,8086 nl3000401 kampina & oisterwijkse vennen * 2 278 5,2458 51,5703 nl3004001 loevestein, pompveld & kornsche boezem * 750 5,032 51,7641 nl3004002 eilandspolder * 798 4,8615 52,5797 nl3004003 landgoederen oldenzaal * 578 6,9617 52,3256 nl3004004 sint jansberg * 226 5,9303 51,7423 nl3004005 landgoederen brummen * 677 6,1254 52,1138 nl3004006 zouweboezem 257 4,9952 51,9494 nl3004007 lingegebied & diefdijk-zuid * 750 5,076 51,8639 nl3009001 alde feanen * 2 124 5,9253 53,1245 nl3009005 duinen ameland * 2 055 5,7519 53,4557 nl3009006 duinen schiermonnikoog * 833 6,1738 53,4876 nl3009012 groote peel 1 348 5,8178 51,3465 nl3009016 oosterschelde * 36 976 3,9722 51,5769 nl4000017 voordelta 83 534 3,6775 51,7452 nl4000021 grevelingen * 13 753 3,9919 51,7421 nl9801004 bakkeveense duinen 258 6,2879 53,0867 nl9801007 fochtelo rveen * 2 596 6,41 53,0054 nl9801009 drentsche aa-gebied * 3 902 6,6454 53,0245 nl9801013 weerribben * 3 280 5,9539 52,7808 nl9801016 borkeld * 493 6,5035 52,2725 nl9801017 vecht- en beneden-reggegebied * 4 105 6,4669 52,4956 nl9801018 wierdense veld * 419 6,5159 52,3747 nl9801019 buurserzand & haaksbergerveen * 1 243 6,7784 52,1431 nl9801021 dinkelland * 532 7,024 52,2919 nl9801023 veluwe * 88 378 5,8453 52,1902 nl9801025 sint pietersberg & jekerdal * 256 5,6739 50,8239 nl9801035 weerter- en budelerbergen & ringselven * 1 139 5,6693 51,3031 nl9801036 leenderbos, groote heide & de plateaux * 4 390 5,5011 51,3291 nl9801040 savelsbos * 357 5,7475 50,8029 nl9801041 geuldal * 2 593 5,9394 50,7794 nl9801044 botshol * 218 4,9257 52,2522 nl9801049 vlijmens ven, moerputten & bossche broek 897 5,2363 51,6826 nl9801055 brabantse wal 1 775 4,3861 51,3961 nl9801064 springendal & dal van de mosbeek * 1 225 6,8741 52,4436 nl9801071 holtingerveld * 1 754 6,2522 52,8041 nl9801072 korenburgerveen * 459 6,6565 51,9868 nl9801075 grensmaas * 314 5,7754 51,0253 nl9801076 bemelerberg & schiepersberg * 191 5,7731 50,8417 nl9801079 duinen goeree & kwade hoek * 1 624 3,9823 51,8371 nl9801080 noordhollands duinreservaat * 5 242 4,6284 52,5771 nl9802001 noordzeekustzone 144 475 5,0268 53,3453 nl9802031 zwarte meer 2 162 5,9524 52,6303 nl9802033 veluwerandmeren 6 166 5,664 52,3821 nl9802068 yersekse en kapelse moer 433 4,0197 51,4911 nl9803006 rottige meenthe & brandemeer * 1 369 5,8984 52,8431 nl9803011 drents-friese wold & leggelderveld * 7 466 6,3044 52,9018 nl9803015 sallandse heuvelrug * 2 217 6,4099 52,3381 nl9803030 loonse en drunense duinen & leemkuilen * 3 975 5,1323 51,6459 nl9803039 leudal * 340 5,9461 51,2493 nl9803061 westerschelde & saeftinghe 44 052 3,7768 51,4057 nl9803073 regte heide & riels laag * 538 5,0265 51,5036 nl9803077 voornes duin * 1 432 4,0629 51,8961 ptcon0001 peneda / ger s * 88 837,02 8,1219 41,7886 ptcon0017 litoral norte * 2 797,12 8,802736 41,579144 ptcon0019 rio minho * 4 554,35 8,684668 41,987432 ptcon0020 rio lima * 5 360,29 8,637416 41,767321 ptcon0024 valongo * 2 552,3 8,469312 41,146803 ptcon0039 serra d'arga * 4 492,94 8,722665 41,816599 ptcon0040 c 'rno do bico * 5 138,97 8,532168 41,906845 ptcon0062 banco gorringe 2 292 778,48 11,345324 36,578708 uk0012549 godrevy head to st agnes * 128,39 5,2303 50,3006 uk0012550 fontmell and melbury downs 263,09 2,142778 50,972222 uk0012552 pewsey downs * 153 1,848333 51,371667 uk0012553 prescombe down 75,6 2,0206 51,0275 uk0012557 the new forest * 29 213,57 1,6806 50,8664 uk0012559 penhale dunes * 621,95 5,1378 50,3717 uk0012566 kenfig/ cynffig * 1 189,14 3,7447 51,5183 uk0012570 braunton burrows * 1 339,74 4,2122 51,0911 uk0012576 hill of towanreef * 1 889,66 2,95 57,3083 uk0012577 craigengar * 37,16 3,475 55,772222 uk0012583 moniack gorge 32,67 4,401667 57,45 uk0012584 bath and bradford-on-avon bats 106,45 2,238611 51,4175 uk0012585 beer quarry and caves 31 3,111944 50,696944 uk0012586 windsor forest and great park 1 680,18 0,623333 51,435556 uk0012587 bredon hill 360,46 2,0506 52,0636 uk0012594 rum * 10 839,74 6,3333 57 uk0012598 preseli 2 701,68 4,751111 51,955 uk0012599 river itchen 303,98 1,3347 50,9539 uk0012602 east devon pebblebed heaths 1 124,4 3,359167 50,671944 uk0012604 tregonning hill * 5,42 5,357778 50,120556 uk0012638 dunkeld - blairgowrie lochs 427,84 3,554167 56,575 uk0012642 river wye/ afon gwy 2 147,64 3,299722 52,023333 uk0012643 river eden * 2 430,39 410 2,832778 54,605278 uk0012646 ensor's pool 3,86 1,486389 52,3425 uk0012647 river wensum 306,79 0,993889 52,717778 uk0012650 south hams * 126,87 3,489167 50,398333 uk0012658 mells valley 28,77 2,491667 51,225833 uk0012661 glynllifon 187,28 4,306111 53,070833 uk0012670 afon teifi/ river teifi 691,07 4,170833 52,135833 uk0012672 cannock extension canal 5 1,970556 52,649722 uk0012679 culm grasslands 774,21 3,647778 50,98 uk0012680 rhos llawr-cwrt 45,95 4,32 52,1225 uk0012681 rooksmoor 62,2 2,369722 50,897222 uk0012682 taynish and knapdale woods 1 017,95 5,556944 56,040278 uk0012683 salisbury plain * 21 465,94 1,889444 51,245833 uk0012685 gower commons/ tiroedd comin g yr 1 775,29 4,1697 51,5889 uk0012687 yell sound coast 1 544,44 1,15 60,461111 uk0012691 river tweed 3 742,65 1 284,69 2,791667 55,6 uk0012694 monach islands * 3 646,56 7,608333 57,525 uk0012696 north rona 628,53 5,825 59,125 uk0012705 sound of barra 12 507,39 7,3517 57,0539 uk0012711 mousa 529,74 1,172222 60 uk0012712 cardigan bay/ bae ceredigion 95 857,06 4,617222 52,246389 uk0012713 south uist machair * 3 437,71 7,333333 57,313889 uk0012715 ebernoe common 234,93 0,607222 51,036667 uk0012716 the mens 204,69 0,540833 51,001111 uk0012720 epping forest 1 630,74 0,0225 51,644167 uk0012723 east hampshire hangers * 561,69 0,945833 51,035 uk0012724 chilterns beechwoods 1 285,86 0,585278 51,810833 uk0012727 wye valley woodlands/ coetiroedd dyffryn gwy * 913,32 2,678611 51,657778 uk0012734 avon gorge woodlands * 151,07 2,633611 51,463889 uk0012735 downton gorge * 68,88 2,818611 52,363333 uk0012740 birklands and bilhaugh 270,5 1,075278 53,204722 uk0012741 staverton park and the thicks, wantisden 84,28 1,440833 52,105833 uk0012745 borrowdale woodland complex * 669,43 3,181667 54,505556 uk0012748 coedydd a cheunant rheidol/ rheidol woods and gorge 228,58 3,8397 52,3936 uk0012749 south dartmoor woods 2 159,06 3,819167 50,516667 uk0012750 loch etive woods * 2 642,59 5,183333 56,475 uk0012756 glen tanar * 4 178,58 2,891667 57,022222 uk0012758 black wood of rannoch * 1 100,89 4,347222 56,666667 uk0012759 kinveachy forest * 2 849,8 3,9 57,2375 uk0012762 amat woods * 234,89 4,583333 57,875 uk0012766 coed y cerrig * 8,99 3,029167 51,883333 uk0012767 kingley vale * 200,94 0,827778 50,891667 uk0012768 castle eden dene * 189 1,324722 54,75 uk0012770 great yews * 29,09 1,830278 51,0075 uk0012782 ingleborough complex * 5 770,45 2,373611 54,16 uk0012785 strath * 1 388,34 5,965 57,288889 uk0012786 durness * 1 213,8 4,768333 58,569167 uk0012787 inchnadamph * 1 283,21 4,940278 58,128333 uk0012789 pasturefields salt marsh * 7,8 2,0125 52,821389 uk0012791 hoy * 9 501,27 3,319444 58,858333 uk0012793 thursley, ash, pirbright and chobham 5 154,5 0,693056 51,161667 uk0012795 carrine common * 46,44 5,089722 50,2525 uk0012799 the lizard * 3 083,23 5,224444 50,011389 uk0012801 roydon common and dersingham bog 353,45 0,499444 52,772778 uk0012804 mole gap to reigate escarpment * 892,3 0,28 51,265833 uk0012809 minsmere to walberswick heaths and marshes 1 256,57 1,6172 52,2561 uk0012810 the stiperstones and the hollies 602,18 2,923333 52,599167 uk0012815 keen of hamar 39,87 0,82 60,7675 uk0012816 tyne and allen river gravels 36,76 2,485556 54,955556 uk0012817 gang mine 8,26 1,5725 53,097778 uk0012821 caenlochan * 5 200,85 3,291667 56,875 uk0012826 rodborough common 109,27 2,218333 51,730833 uk0012831 wye and crundale downs * 111,32 0,981111 51,16 uk0012832 lewes downs * 146 0,0475 50,864722 uk0012833 queendown warren * 14,48 0,623333 51,335278 uk0012834 lydden and temple ewell downs * 62,77 1,256389 51,161944 uk0012835 folkestone to etchinghill escarpment * 187,02 1,118333 51,106111 uk0012836 castle hill * 114,53 0,051111 50,841944 uk0012838 thrislington 23,33 1,5075 54,688889 uk0012844 lower derwent valley * 921,26 0,930556 53,888056 uk0012845 oxford meadows 267,4 1,286667 51,776944 uk0012863 trotternish ridge * 3 172,02 6,233333 57,566667 uk0012864 beinn iadain and beinn na h' uamha * 523,48 5,783333 56,6125 uk0012870 rannoch moor * 10 113,57 4,693333 56,630278 uk0012878 drostre bank * 12,58 3,315 51,971944 uk0012882 waveney and little ouse valley fens * 192,37 1,018333 52,378333 uk0012883 holme moor and clean moor * 7,43 3,291667 51,025278 uk0012884 corsydd m 'n/ anglesey fens * 465,04 4,295556 53,3125 uk0012885 crymlyn bog/ cors crymlyn * 299,42 3 3,888333 51,636389 uk0012889 cothill fen * 43,39 1,329444 51,695556 uk0012890 newham fen 13,46 1,732778 55,558889 uk0012891 tulach hill and glen fender meadows * 1 584,68 3,866667 56,752778 uk0012892 norfolk valley fens * 616,48 0,856111 52,526667 uk0012894 morrone birkwood * 320,53 3,425 56,994444 uk0012895 ben lawers * 5 026,11 4,225 56,554167 uk0012897 beinn dearg * 13 853,92 4,895833 57,794444 uk0012900 ben lui * 2 057,13 4,811111 56,394444 uk0012901 ben heasgarnich * 2 783,72 4,6 56,4875 uk0012902 flanders mosses * 1 073,33 4,2 56,158333 uk0012907 solway mosses north * 648,78 3,243611 54,925278 uk0012912 fenn's, whixall, bettisfield, wem and cadney mosses * 948,84 2,762222 52,9225 uk0012915 thorne moor 1 911,02 0,8975 53,638333 uk0012923 border mires, kielder - butterburn * 11 811,42 2,497778 55,304722 uk0012926 berwyn a mynyddoedd de clwyd/ berwyn and south clwyd mountains * 27 208,51 3,6072 52,8386 uk0012928 elenydd * 8 609,1 3,7267 52,3192 uk0012929 dartmoor * 23 158,64 3,994444 50,660278 uk0012935 north harris * 13 119,9 6,955 57,991667 uk0012942 drumochter hills * 9 439,48 4,191667 56,866667 uk0012945 rhinog * 3 144,31 4,005 52,847778 uk0012946 eryri/ snowdonia * 19 732,98 3,953333 53,173333 uk0012950 ben wyvis * 5 385,22 4,55 57,681667 uk0012951 ben alder and aonach beag * 6 653,48 4,497222 56,844444 uk0012952 meall na samhna * 1 882,53 4,465278 56,463889 uk0012955 creag meagaidh * 6 143,46 4,548611 56,9625 uk0012956 ben nevis * 9 316,12 4,95 56,791667 uk0012957 beinn a' ghlo * 8 080,33 3,705556 56,834722 uk0012958 ardmeanach * 378,33 6,161111 56,402778 uk0012959 glen coe * 2 967,37 5,016667 56,644444 uk0012960 lake district high fells * 27 003,07 3,080833 54,676111 uk0012970 oak mere 68,53 2,638889 53,205833 uk0012977 lismore lochs 107,61 5,529167 56,498611 uk0012983 loch watten 428,33 3,327778 58,4875 uk0012985 llangorse lake/ llyn syfaddan 215,44 3,264444 51,927778 uk0012994 river moidart 16,19 3,75 5,716667 56,781944 uk0012995 river borgie 33,92 14,23 4,288889 58,491667 uk0012996 river kerry 10,91 3,4 5,65 57,683333 uk0013007 river usk/ afon wysg 967,97 3,013889 51,795833 uk0013010 afon tywi/ river tywi 375,83 3,911389 51,92 uk0013011 ouse washes 332,61 0,205833 52,482778 uk0013016 river avon 416,57 1,823333 51,103889 uk0013025 solway firth * 43 676,16 3,336667 54,970833 uk0013027 morecambe bay * 61 538,23 2,961667 54,119167 uk0013030 severn estuary/ m 'r hafren 73 714,11 2,978056 51,468611 uk0013031 drigg coast * 1 396 3,429722 54,350556 uk0013036 flamborough head 6 320,87 0,076944 54,111389 uk0013039 luce bay and sands * 48 752,99 4,75 54,75 uk0013041 invernaver * 287,67 4,25 58,5225 uk0013042 sands of forvie * 735,48 1,966667 57,333333 uk0013043 winterton - horsey dunes * 426,96 1,689722 52,723333 uk0013044 barry links * 770,44 2,75 56,4792 uk0013045 st david's / ty ddewi 934,3 5,303056 51,908333 uk0013046 glannau ynys gybi/ holy island coast 460,01 4,688333 53,301667 uk0013047 tintagel-marsland-clovelly coast 2 380,44 4,529167 50,9825 uk0013055 oldshoremore and sandwood * 446,2 5,1 58,483333 uk0013059 dungeness 3 241,43 0,9528 50,9189 uk0013076 sefton coast * 4 591,59 3,085 53,580833 uk0013077 sandwich bay * 1 136,7 1,3775 51,305278 uk0013089 clyde valley woods * 432,89 3,797222 55,716667 uk0013091 ardgour pinewoods * 1 645,96 5,341667 56,795833 uk0013104 benacre to easton bavents lagoons * 326,7 1,710278 52,386389 uk0013107 thanet coast 2 815,95 1,375833 51,39 uk0013111 plymouth sound and estuaries 6 386,95 4,1475 50,335 uk0013112 fal and helford 6 362,83 5,150278 50,091667 uk0013114 lundy 3 070,95 4,667778 51,186944 uk0013116 pembrokeshire marine/ sir benfro forol * 138 038,5 5,615833 51,726389 uk0013117 pen ll n a'r sarnau/ lleyn peninsula and the sarnau * 146 010,52 4,366389 52,691389 uk0013141 foinaven * 14 853,66 4,847222 58,402778 uk0013573 loch lomond woods 1 440,2 4,679167 56,2 uk0013574 mound alderwoods * 299,52 4,091667 57,963889 uk0013575 conon islands * 120,64 4,445833 57,558333 uk0013577 the broads * 5 889,43 1,603611 52,735278 uk0013584 creag nan gamhainn * 15,63 3,404167 57,259722 uk0013585 cwm cadlan 84,2 3,505278 51,777222 uk0013589 stromness heaths and coast 638,26 3,35 59 uk0013592 lendalfoot hills complex * 1 308,02 4,8875 55,191389 uk0013594 whitlaw and branxholme 41,3 2,7939 55,55 uk0013595 west midlands mosses 184,62 1,961111 52,851111 uk0013597 loch maree complex * 15 753,97 5,394444 57,606944 uk0013602 caithness and sutherland peatlands * 143 561,47 3,9375 58,336111 uk0013618 monadh mor * 252,42 4,369444 57,551389 uk0013619 pitmaduthy moss * 121,12 4,05 57,773611 uk0013658 cotswold beechwoods 590,2 2,147778 51,818611 uk0013690 essex estuaries 46 109,95 1,043611 51,701667 uk0013694 isles of scilly complex 26 848,62 6,343056 49,918333 uk0013695 st kilda 25 467,57 8,583333 57,816667 uk0013696 wormley hoddesdonpark woods 336,47 0,088611 51,735556 uk0013697 blean complex 522,89 1,028611 51,301944 uk0014728 coll machair * 854,24 6,658333 56,588889 uk0014729 rhidorroch woods * 737,75 4,966667 57,898611 uk0014739 strathglass complex * 23 591,92 5,016667 57,3375 uk0014744 tiree machair * 789,37 6,924167 56,521944 uk0014749 loch of stenness * 792,59 3,25 58,995833 uk0014774 moor house - upper teesdale * 38 803,22 2,312222 54,716389 uk0014775 north pennine dales meadows 481,64 2,106667 54,625278 uk0014776 craven limestone complex * 5 326,09 2,116389 54,101111 uk0014777 morecambe bay pavements * 2 607,95 2,86 54,274444 uk0014778 asby complex * 3 134,01 2,620556 54,494167 uk0014780 orfordness - shingle street * 888 1,561389 52,081389 uk0014782 fenland * 619,25 0,278889 52,306389 uk0014783 tanat and vyrnwy bat sites/ safleoedd ystlumod tanat ac efyrnwy 11,55 3,413333 52,8225 uk0014784 usk bat sites/ safleoedd ystlumod wysg * 1 684,71 3,1764 51,8239 uk0014787 limestone coast of south west wales/ arfordir calchfaen de orllewin cymru * 1 583,86 5,055833 51,630556 uk0014788 great orme's head/ pen y gogarth 302,27 3,8536 53,3325 uk0014789 coedydd derw a safleoedd ystlumod meirion/ meirionnydd oakwoods and bat sites * 2 812,79 3,898889 52,795 uk0014790 cors caron * 861,7 3,916667 52,256667 uk0014791 cors fochno * 653,02 4,015833 52,5025 uk0014792 rhos goch * 67,39 3,172778 52,1275 uk0014793 pembrokeshire bat sites and bosherston lakes/ safleoedd ystlum sir benfro a llynnoedd bosherston 121,26 4,938333 51,621111 uk0014794 wye valley and forest of dean bat sites/ safleoedd ystlumod dyffryn gwy a fforest y ddena 144,82 2,5725 51,7375 uk0016254 isle of wight downs 458,08 1,471667 50,668889 uk0016372 north meadow and clattinger farm 105,23 1,979167 51,638889 uk0016373 chilmark quarries 10,16 2,036389 51,078333 uk0016412 cairngorms * 57 691,73 3,654167 57,076667 uk0016599 ballynahone bog * 243,52 6,661944 54,823056 uk0016603 cuilcagh mountain * 2 751,68 7,804722 54,223889 uk0016606 garron plateau * 4 652,18 6,061667 55,003056 uk0016607 pettigoe plateau * 1 267,88 8,0175 54,519444 uk0016608 teal lough * 198,5 6,855278 54,734722 uk0016609 black bog * 183,72 7,015278 54,673889 uk0016610 garry bog * 154,91 6,527778 55,108333 uk0016611 fairy water bogs * 224,18 7,473333 54,641389 uk0016612 murlough * 11 903,9 5,7833 54,2111 uk0016613 magilligan * 1 059,62 6,923889 55,176111 uk0016614 upper lough erne * 5 751,34 7,494444 54,2 uk0016615 eastern mournes * 7 509,59 5,965556 54,174722 uk0016618 strangford lough * 15 391,77 5,594444 54,444444 uk0016619 monawilkin 175,25 7,861111 54,429167 uk0016620 derryleckagh 48,73 6,286111 54,165 uk0016621 magheraveely marl loughs * 58,89 7,266667 54,189167 uk0016622 slieve beagh * 1 888,18 7,193889 54,348056 uk0017068 the vadills * 62,42 1,3875 60,283333 uk0017069 papa stour 2 072,9 1,691667 60,333333 uk0017070 loch nam madadh * 2 320,9 7,155556 57,622222 uk0017072 berwickshire and north northumberland coast 65 226,12 1,672222 55,653889 uk0017073 solent and isle of wight lagoons * 37,93 1,136944 50,775 uk0017074 loch roag lagoons * 43,14 6,875 58,233333 uk0017075 the wash and north norfolk coast * 107 718 0,318056 52,936944 uk0017076 chesil and the fleet * 1 634,91 2,522778 50,613056 uk0017077 lochs duich, long and alsh reefs 2 373,01 5,575 57,275 uk0017096 faray and holm of faray 781,33 2,825 59,225 uk0017097 north northumberland dunes * 1 127,27 1,800278 55,684722 uk0017101 obain loch euphoirt * 348,28 7,191667 57,536111 uk0019756 bankhead moss, beith * 32,28 4,633333 55,719444 uk0019757 black loch moss * 107,49 3,833333 55,905556 uk0019758 blawhorn moss * 108,86 3,783333 55,894444 uk0019759 braehead moss * 122,17 3,658333 55,744444 uk0019760 coalburn moss * 223,65 3,863889 55,604167 uk0019761 cockinhead moss * 47,6 4,608333 55,702778 uk0019762 cranley moss * 101,55 3,675 55,708333 uk0019763 dykeneuk moss * 61,92 4,630556 55,688889 uk0019764 red moss * 75,85 3,784167 55,518333 uk0019765 waukenwae moss * 154,32 4,098333 55,733333 uk0019767 reidside moss * 86,75 2,665278 57,6 uk0019768 north shotts moss * 53,79 3,798333 55,830556 uk0019771 claish moss and kentra moss * 1 018,82 5,730556 56,741667 uk0019772 coladoir bog * 156,46 5,956944 56,397222 uk0019773 eilean na muice duibhe * 568,86 6,263889 55,563889 uk0019774 feur lochain * 375,8 6,39 55,838889 uk0019775 glac na criche * 263,36 6,436111 55,851667 uk0019791 carn nan tri-tighearnan * 4 150,04 3,944444 57,430556 uk0019793 hascosay * 164,19 0,9875 60,6125 uk0019794 inverasdale peatlands * 1 261,75 5,736667 57,843333 uk0019795 east mires and lumbister * 619,54 1,1 60,639167 uk0019796 moidach more * 930,19 3,6083 57,4514 uk0019797 ronas hill - north roe * 4 903,57 1,416667 60,55 uk0019798 sligachan peatlands * 1 438,28 6,1725 57,276667 uk0019799 tingon * 570,78 1,533333 60,533333 uk0019800 turclossie moss * 61,98 2,1925 57,607778 uk0019801 flow of dergoals * 169,86 4,734722 54,883333 uk0019802 sound of arisaig (loch ailort to loch ceann traigh) 4 544,27 5,870833 56,808333 uk0019803 sunart * 10 230,22 5,808333 56,675 uk0019804 north uist machair * 3 039,34 7,3792 57,5333 uk0019806 dornoch firth and morrich more * 8 701,22 4,041667 57,85 uk0019807 culbin bar 580,99 3,775 57,6292 uk0019808 moray firth 151 273,99 3,725556 57,816944 uk0019811 river spey 5 759,72 776,6 3,5 57,370833 uk0019812 insh marshes * 1 157,04 3,966667 57,091667 uk0019813 kirkcowan flow * 775,19 4,736111 55,002778 uk0019814 kilhern moss * 123,58 4,808333 54,929167 uk0019815 lewis peatlands * 27 955,02 6,35 58,355556 uk0019816 mointeach scadabhaigh * 3 317,65 7,275 57,597222 uk0019818 mochrum lochs * 179,16 4,651389 54,848889 uk0019820 mointeach nan lochain dubha * 412,3 5,854167 57,216667 uk0019833 duddon mosses * 311,42 3,192778 54,256944 uk0019834 roudsea wood and mosses * 471,36 3,001667 54,217778 uk0019838 north norfolk coast * 3 148,6 0,610556 52,968889 uk0019839 moine mhor * 1 149,02 5,518056 56,080556 uk0019840 endrick water 235,65 40,52 4,4 56,055556 uk0019841 merrick kells * 8 730,25 4,445833 55,133333 uk0019857 dorset heaths * 5 719,54 2,16 50,650833 uk0019859 peak district dales * 2 336,91 1,787778 53,091389 uk0019861 isle of portland to studland cliffs 1 441,75 2,2261 50,6206 uk0019863 st albans head to durlston head * 283,4 1,991111 50,592222 uk0019864 sidmouth to west bay * 895,58 2,9544 50,7158 uk0019865 breckland * 7 543,5 0,745 52,518889 uk0019866 rex graham reserve * 2,65 0,550833 52,341944 uk0019958 morven and mullachdubh 916,69 3,075 57,125 uk0019959 muir of dinnet 417,76 2,893056 57,101389 uk0019978 lower river spey - spey bay * 654,26 3,116667 57,67 uk0020019 carmarthen bay dunes/ twyni bae caerfyrddin * 1 204,02 4,482778 51,739167 uk0020020 carmarthen bay and estuaries/ bae caerfyrddin ac aberoedd 66 092,05 4,3764 51,6667 uk0020021 y twyni o abermenai i aberffraw/ abermenai to aberffraw dunes * 1 868,6 4,372778 53,151667 uk0020025 glannau m 'n: cors heli / anglesey coast: saltmarsh 1 056,68 4,421944 53,161667 uk0030030 ballochbuie * 1 882,37 3,318333 56,991667 uk0030031 barnack hills and holes * 23,54 0,4114 52,6278 uk0030032 river derwent and bassenthwaite lake 1 793,8 3,142222 54,576389 uk0030033 north pennine moors * 103 014,48 1,79 54,169444 uk0030034 burnham beeches 383,71 0,630833 51,56 uk0030035 clints quarry 12,56 3,302222 54,709167 uk0030036 denby grange colliery ponds 18,34 1,590556 53,633611 uk0030037 devil's dyke * 7,68 0,358889 52,233611 uk0030038 dorset heaths (purbeck and wareham) and studland dunes * 2 230,53 1,965833 50,654444 uk0030039 eller's wood and sand dale * 4,22 0,683333 54,252222 uk0030040 exmoor heaths * 10 670,3 3,624722 51,164444 uk0030041 firth of lorn 20 999,35 5,716667 56,216667 uk0030042 glan-traeth 13,98 4,3686 53,1733 uk0030043 grimsthorpe 0,36 0,469167 52,771944 uk0030044 kennet and lambourn floodplain 112,24 1,549722 51,431389 uk0030045 largalinny 245,54 7,886667 54,431944 uk0030046 afon gwyrfai a llyn cwellyn 111,6 4,170833 53,083056 uk0030047 lough melvin 517,98 8,121944 54,427222 uk0030048 mendip woodlands * 251,39 2,421667 51,206944 uk0030049 morfa harlech a morfa dyffryn 1 059,96 4,129167 52,873333 uk0030051 mottey meadows 43,69 2,236944 52,7175 uk0030052 north somerset and mendip bats * 555,93 2,746389 51,286111 uk0030053 orton pit 141,24 0,288056 52,534444 uk0030054 portholme 91,56 0,184167 52,320833 uk0030055 rathlin island 3 346,59 6,216667 55,3 uk0030056 river camel * 604,7 69 4,735278 50,504167 uk0030057 river ehen 23,33 3,4975 54,515278 uk0030058 rook clift * 10,62 0,832778 50,956944 uk0030059 solent maritime * 11 243,12 0,927778 50,796389 uk0030060 south devon shore dock 332,12 3,7 50,2125 uk0030061 south wight maritime 19 866,12 1,3475 50,591389 uk0030063 wast water 284,11 3,289167 54,443889 uk0030064 lower bostraze and leswidden * 2,34 5,660278 50,120556 uk0030065 newlyn downs * 115,41 5,044167 50,348889 uk0030066 strathy point 207 4,0375 58,591111 uk0030067 south-east islay skerries 1 500,41 6,061111 55,652778 uk0030068 fardrum and roosky turloughs * 43,21 7,722222 54,4 uk0030069 sanday 10 976,97 2,5 59,283333 uk0030070 cernydd carmel * 359,79 4,043333 51,825556 uk0030071 aberbargoed grasslands 39,64 3,209722 51,685 uk0030072 sugar loaf woodlands 173,09 3,023056 51,843333 uk0030073 achnahaird 21,55 5,363889 58,066667 uk0030074 afonydd cleddau/ cleddau rivers * 730,55 4,996944 51,884444 uk0030075 afon eden - cors goch trawsfynydd * 280,65 3,9 52,826111 uk0030076 alde, ore and butley estuaries 1 632,63 1,568889 52,101667 uk0030077 altnaharra 68,68 4,425 58,284722 uk0030078 alyn valley woods/ coedwigoedd dyffryn alun * 166,67 3,201389 53,158611 uk0030079 ardnamurchan burns 26,3 9,49 6,191667 56,716667 uk0030080 ashdown forest 2 715,88 0,070556 51,055833 uk0030081 abhainn clais an eas and allt a' mhuilinn 1,21 2,76 5,258333 58,133333 uk0030082 aston rowant 124,89 0,948611 51,668333 uk0030083 banagher glen * 87,9 6,952778 54,883611 uk0030084 bann estuary * 348,37 6,7492 55,1675 uk0030085 baston fen 2,12 0,316944 52,739167 uk0030086 beast cliff - whitby (robin hood's bay) 265,48 0,517222 54,413889 uk0030087 bee's nest and green clay pits 14,7 1,641389 53,086667 uk0030088 berriedale and langwell waters 58,25 44,63 3,519444 58,194444 uk0030089 binevenagh * 90,92 6,924722 55,120556 uk0030090 blackmill woodlands 70,05 3,544167 51,561389 uk0030091 blackstone point 7,81 4,056944 50,296667 uk0030092 blaen cynon 66,52 3,528056 51,748333 uk0030093 walton moss * 286,74 2,775 54,990556 uk0030094 borders woods * 54,08 2,6625 55,580556 uk0030095 bracket's coppice 53,75 2,6875 50,860556 uk0030096 brecon beacons/ bannau brycheiniog 268,63 3,416944 51,88 uk0030097 breen wood * 36,03 6,238056 55,137778 uk0030098 breney common and goss and tregoss moors 824,05 4,8825 50,402222 uk0030099 broubster leans 172,19 3,652778 58,527778 uk0030100 brown moss 31,64 2,653333 52,949722 uk0030101 buchan ness to collieston 206,03 1,808333 57,438889 uk0030102 burrow head 244,1 4,4 54,691667 uk0030103 butser hill * 237,36 0,98 50,971667 uk0030104 cadair idris * 3 784,36 3,9183 52,7011 uk0030105 caeau mynydd mawr 24,78 4,0658 51,7892 uk0030106 calf hill and cragg woods * 34,43 2,698056 54,046667 uk0030107 cannock chase 1 244,2 2,026667 52,766389 uk0030108 cape wrath 1 009,75 4,927222 58,604444 uk0030109 cardiff beech woods * 114,45 3,270556 51,533889 uk0030110 carn-glenshane pass * 1 941,28 6,771111 54,908889 uk0030111 carsegowan moss * 49,3 4,45 54,9 uk0030112 cawdor wood 161,68 3,925 57,513889 uk0030113 glaswelltiroedd cefn cribwr/ cefn cribwr grasslands 57,92 3,628056 51,535 uk0030114 bae cemlyn/ cemlyn bay * 43,17 4,511111 53,411667 uk0030115 cerne and sydling downs 371,75 2,468333 50,816667 uk0030116 cladagh (swanlinbar) river 28,36 7,630556 54,219167 uk0030117 coed cwm einion * 20,92 3,930556 52,534444 uk0030118 coedydd aber * 345,88 4,001389 53,222222 uk0030119 coedydd llawr-y-glyn 99,21 3,580833 52,501111 uk0030120 coille mhor 310,07 5,634722 57,311111 uk0030121 corsydd eifionydd 144,18 4,295833 53,005556 uk0030122 coyles of muick 134,18 3,108333 57,008333 uk0030123 craighall gorge * 53,65 3,345833 56,619444 uk0030124 coedwigoedd penrhyn creuddyn/ creuddyn peninsula woods * 117,97 3,805833 53,294722 uk0030125 upper strathearn oakwoods 154,82 3,865 56,343889 uk0030126 cumbrian marsh fritillary site 22,55 2,932222 54,759167 uk0030127 cwm clydach woodlands / coedydd cwm clydach 28,08 3,15 51,803889 uk0030128 cwm doethie - mynydd mallaen 4 121,73 3,830278 52,096667 uk0030129 dam wood 19,56 4,269444 57,583333 uk0030130 dawlish warren * 58,69 3,435833 50,603056 uk0030131 dee estuary/ aber dyfrdwy * 15 805,27 3,216111 53,328333 uk0030132 deeside and buckley newt sites 206,19 3,061667 53,203056 uk0030133 dew's ponds 6,59 1,500556 52,291944 uk0030134 dinnet oakwood 19,63 2,883333 57,069444 uk0030135 dixton wood 13,02 2,030556 51,979722 uk0030136 dogden moss * 156,36 2,502778 55,7375 uk0030138 duncton to bignor escarpment 211,84 0,626944 50,913889 uk0030139 dunraven bay 6,45 3,6025 51,442222 uk0030140 durham coast 389,61 1,292778 54,758889 uk0030141 coedydd nedd a mellte * 376,32 3,567222 51,772222 uk0030142 arnecliff and park hole woods 52,39 0,787778 54,433333 uk0030143 east caithness cliffs 457,48 3,339167 58,280278 uk0030144 gweunydd blaencleddau * 149,13 4,6853 51,9533 uk0030145 coetiroedd cwm elan/ elan valley woodlands * 438,74 3,578889 52,262222 uk0030146 coedwigoedd dyffryn elwy/ elwy valley woods * 81,44 3,466389 53,209722 uk0030147 emer bog 36,76 1,438333 50,99 uk0030148 exmoor and quantock oakwoods * 1 894,05 3,5825 51,183889 uk0030149 fair isle 561,05 1,533333 59,533333 uk0030150 fens pools 20 2,117778 52,496667 uk0030151 ford moss * 60,96 2,0475 55,632778 uk0030152 dun moss and forest of alyth mires * 469,38 3,345 56,7 uk0030153 galloway oakwoods 353,68 4,529167 55,008333 uk0030154 glen beasdale 504,67 5,741667 56,894444 uk0030155 glen creran woods * 705,91 5,248611 56,566667 uk0030156 glenartney juniper wood 101,45 4,001389 56,3375 uk0030157 gower ash woods/ coedydd ynn g yr * 229,63 4,059722 51,574722 uk0030158 granllyn 20,84 3,150278 52,695 uk0030159 green hill of strathdon 640,91 3,133333 57,233333 uk0030160 grogwynion 42,11 3,8947 52,33 uk0030161 mwyngloddiau fforest gwydir/ gwydyr forest mines 39,13 3,801389 53,103889 uk0030162 hackpen hill 35,57 1,491944 51,559444 uk0030163 halkyn mountain/ mynydd helygain 604,33 3,204722 53,235 uk0030164 hartslock wood * 34,16 1,1075 51,505833 uk0030165 hastings cliffs 182,47 0,652222 50,868611 uk0030166 hatfield moor 1 359,45 0,943889 53,543611 uk0030167 helbeck and swindale woods * 136,9 2,333889 54,542222 uk0030168 hestercombe house 0,06 3,084167 51,051944 uk0030169 hollymount * 49,96 5,749722 54,321944 uk0030170 humber estuary * 36 657,15 0,734722 53,589167 uk0030171 inverpolly * 11 881,94 5,183333 58,063889 uk0030172 isle of may 356,64 2,573611 56,190278 uk0030173 johnstown newt sites 69,29 3,028333 53,012222 uk0030174 keltneyburn * 32,04 3,988889 56,629722 uk0030175 kennet valley alderwoods * 57,73 1,4275 51,404444 uk0030176 kinloch and kyleakin hills * 5 275,46 5,729167 57,216667 uk0030177 kippenrait glen * 60,86 3,947222 56,175 uk0030178 kirk deighton 3,99 1,396389 53,945278 uk0030179 ladder hills * 4 353,61 3,248611 57,216667 uk0030180 lecale fens 40,87 5,770833 54,276667 uk0030181 ledmore wood 93,15 4,25 57,875 uk0030182 eileanan agus sgeiran lios mor 1 139,49 5,4375 56,568056 uk0030183 little gruinard river 1 167,28 69,68 5,441667 57,758333 uk0030184 little wittenham 68,65 1,173333 51,631389 uk0030185 llwyn * 21,97 3,371111 53,166944 uk0030186 llyn dinam 36,72 4,534167 53,266389 uk0030187 corsydd ll n/ lleyn fens * 282,7 4,509167 52,900278 uk0030188 loch a' phuill 152,44 6,941667 56,469444 uk0030189 loch achnacloich 20,64 4,241667 57,733333 uk0030190 loch creran 1 226,48 5,341667 56,532222 uk0030191 loch fada 79,96 6,208333 56,083333 uk0030192 loch laxford 1 214,54 5,084722 58,402222 uk0030193 loch of isbister 105,41 3,3 59,094444 uk0030194 loch of wester 68,79 3,163889 58,519444 uk0030195 loch ruthven 200,84 4,28 57,331667 uk0030196 loch ussie 102,29 4,5 57,575 uk0030197 lower findhorn woods * 177,14 3,666667 57,55 uk0030198 lyppard grange ponds 1,09 2,176944 52,198056 uk0030199 main valley bogs * 186,35 6,383333 55,012222 uk0030200 manchester mosses 170,49 2,465556 53,471111 uk0030202 y fenai a bae conwy/ menai strait and conwy bay 26 501,64 4,055 53,234444 uk0030203 mendip limestone grasslands * 415,24 2,859167 51,296667 uk0030204 methven moss * 83,85 3,602778 56,391667 uk0030205 migneint-arenig-dduallt * 19 966,12 3,782222 52,977222 uk0030206 mingarry burn 3,63 3,77 6,179167 56,611111 uk0030208 moffat hills * 2 881,72 3,333333 55,408333 uk0030209 loch moidart and loch shiel woods * 1 753,04 5,566667 56,809722 uk0030210 monadhliath * 10 672,34 4,272222 57,086111 uk0030211 moneygal bog * 156,16 7,630278 54,741944 uk0030212 moninea bog * 44,84 7,5425 54,141667 uk0030213 montgomery canal 51,46 3,1156 52,6825 uk0030214 montiaghs moss 151,39 6,314722 54,525278 uk0030215 moorfoot hills * 8 558 3,016667 55,706944 uk0030216 mortlach moss 12,36 2,830556 57,491667 uk0030217 morvern woods * 1 924,86 5,647222 56,516667 uk0030218 airds moss * 1 360,22 4,197222 55,502778 uk0030219 mull oakwoods 1 405,45 5,68 56,405556 uk0030220 mull of galloway 136,93 4,9 54,641667 uk0030221 mynydd epynt 40,11 3,628333 52,047222 uk0030222 nene washes 82,57 0,078333 52,572778 uk0030223 ness woods * 841,38 4,591667 57,191667 uk0030224 north antrim coast * 311,44 6,3933 55,2325 uk0030225 north downs woodlands * 288,58 0,403611 51,34 uk0030226 north fetlar 1 585,18 0,855556 60,616667 uk0030227 north pembrokeshire woodlands/ coedydd gogledd sir benfro * 313,8 4,846389 51,974722 uk0030228 north york moors * 44 053,29 0,904167 54,409167 uk0030229 north west pembrokeshire commons/ comins gogledd orllewin sir benfro 247,06 5,233889 51,900556 uk0030230 ascrib, isay and dunvegan 2 577,99 6,638889 57,513889 uk0030231 ardvar and loch a' mhuilinn woodlands 808,1 5,084722 58,25 uk0030232 overstrand cliffs 29,82 1,325 52,923056 uk0030233 owenkillew river * 213,84 7,132222 54,727778 uk0030234 ox close * 141,07 2,024444 54,308056 uk0030235 paston great barn 0,96 1,449444 52,857222 uk0030236 peatlands park * 207,53 6,598611 54,488333 uk0030237 peter's pit 28,91 0,465556 51,337778 uk0030238 phoenix united mine and crow's nest 48,65 4,447778 50,523889 uk0030239 pitkeathly mires 60,58 3,444444 56,3125 uk0030240 turflundie wood 86,59 3,3 56,313889 uk0030241 polruan to polperro 210,24 4,584167 50,331111 uk0030242 quants 20,33 3,158889 50,953056 uk0030243 rassal * 1 018,89 5,551667 57,4375 uk0030244 rea's wood and farr's bay * 41,83 6,228056 54,707222 uk0030245 rhos talglas 53,38 4,121667 52,250556 uk0030246 richmond park 846,27 0,274444 51,440833 uk0030247 rinns of islay 1 085 6,416667 55,763889 uk0030248 river axe 22,94 3,039167 50,759167 uk0030249 river bladnoch 272,6 143,57 4,583333 54,908333 uk0030250 river clun 14,64 2,891667 52,372778 uk0030251 river dee 2 334,48 571,2 3,075 57,055556 uk0030252 river dee and bala lake/ afon dyfrdwy a llyn tegid 1 271,32 175,7 2,861111 53,047222 uk0030253 river derwent 397,87 0,927778 53,9175 uk0030254 river evelix 23,6 19,06 4,119444 57,895833 uk0030255 langavat 1 471,42 88,9 6,75 58,083333 uk0030256 river kent 88,9 2,756667 54,350556 uk0030257 river lambourn 28,78 1,426944 51,461944 uk0030258 river mease 23,03 1,615556 52,699722 uk0030259 river moriston 194,38 31,98 4,816667 57,172222 uk0030260 river naver 1 044,15 127,63 4,341667 58,306944 uk0030261 river oykel 921,46 211,65 4,733333 57,972222 uk0030262 river south esk 471,85 167,59 2,916667 56,702778 uk0030263 river teith 1 289,33 143,76 4,2875 56,283333 uk0030264 river thurso 348,25 114,04 3,466667 58,422222 uk0030265 rixton clay pits 13,65 2,475278 53,406389 uk0030266 rochdale canal 24,86 2,161111 53,530556 uk0030267 roman wall loughs 683,1 2,351667 55,019444 uk0030268 rostrevor wood 16,65 6,187222 54,091111 uk0030270 saltfleetby-theddlethorpe dunes and gibraltar point * 967,65 0,225833 53,391111 uk0030271 clogwyni pen ll n/ seacliffs of lleyn 1 045,02 4,646389 52,8 uk0030272 shelforkie moss * 111,34 3,841667 56,266667 uk0030273 sullom voe * 2 691,43 1,309722 60,463889 uk0030274 shingle islands * 77,88 3,663889 56,641667 uk0030275 shortheath common * 58,53 0,893889 51,123611 uk0030276 skipwith common 294,6 0,9975 53,827778 uk0030277 slieve gullion 612,7 6,435 54,127778 uk0030280 south pennine moors * 65 024,32 1,783056 53,460278 uk0030281 st abb's head to fast castle 122,63 2,195833 55,919444 uk0030282 st austell clay pits * 0,6 4,781111 50,36 uk0030283 stodmarsh 563,27 1,1725 51,306389 uk0030284 strensall common 572 1,005833 54,029722 uk0030285 subberthwaite, blawith and torver low commons 1 860,19 3,123056 54,296389 uk0030286 tarbert woods 1 576,29 5,575 55,783333 uk0030287 tayvallich juniper and coast 1 213,13 5,668056 55,980556 uk0030288 threepwood moss * 53,18 2,766667 55,675 uk0030289 treshnish isles 1 962,66 6,406667 56,5 uk0030290 trossachs woods 377,5 4,420833 56,236111 uk0030291 turmennan 14,83 5,714167 54,379444 uk0030292 tweed estuary 156,24 2,011111 55,771111 uk0030293 tyne and nent 37,74 2,443333 54,796944 uk0030294 tynron juniper wood 6,54 3,843056 55,213889 uk0030295 ullswater oakwoods 123,37 2,927778 54,5075 uk0030296 upper ballinderry river 58,88 6,8625 54,655556 uk0030297 upper nithsdale woods * 99,62 3,866667 55,356944 uk0030298 urquhart bay wood * 46,39 4,441667 57,333333 uk0030299 west dorset alder woods * 329,06 2,655 50,768333 uk0030300 west fermanagh scarplands * 2 276,47 7,869167 54,390278 uk0030301 wimbledon common 351,38 0,234444 51,432222 uk0030302 witherslack mosses * 486,71 2,833056 54,235833 uk0030303 wolf island bog * 118,14 6,562222 54,911111 uk0030304 woolmer forest 670,15 0,850278 51,085556 uk0030305 yerbeston tops 18,6 4,816667 51,754722 uk0030306 yewbarrow woods * 112,7 3,002778 54,276111 uk0030307 rigg - bile * 499,64 6,144444 57,461111 uk0030310 south solway mosses * 1 956,23 3,243333 54,925833 uk0030311 firth of tay and eden estuary 15 441,63 2,95 56,366667 uk0030312 river tay 9 461,63 837,11 4,083333 56,566667 uk0030313 peeswit moss * 52,93 3,05 55,783333 uk0030314 raeburn flow * 64,2 3,1 54,952778 uk0030315 red moss of netherley * 93,17 2,233333 57,036111 uk0030316 west fannyside moss * 33,57 3,918056 55,933333 uk0030317 darwin mounds 137 726 7,2167 59,7583 uk0030318 aughnadarragh lough 12,8 5,774444 54,4625 uk0030319 ballykilbeg 37,59 5,775833 54,294444 uk0030320 river foyle and tributaries 771,8 120 7,451667 54,736111 uk0030321 cranny bogs * 79,06 7,343611 54,523333 uk0030322 curran bog * 183,51 6,6425 54,799722 uk0030323 dead island bog * 54,62 6,5475 54,8875 uk0030324 deroran bog * 75,6 7,187778 54,588056 uk0030325 tonnagh beg bog * 55,71 7,362778 54,486667 uk0030326 tully bog * 36,06 7,349722 54,625833 uk0030328 briddlesford copses 165,44 1,220833 50,710556 uk0030329 crowdy marsh 92,53 4,614444 50,620556 uk0030330 dover to kingsdown cliffs * 184,54 8 1,3825 51,143889 uk0030331 eversden and wimpole woods 66,22 0,034722 52,158889 uk0030332 fen bog 26,98 0,689722 54,365278 uk0030333 harbottle moors 931,77 2,146944 55,331111 uk0030334 mottisfont bats 196,55 1,558056 51,047778 uk0030335 naddle forest 362,67 2,780833 54,5225 uk0030336 simonside hills * 2 082,6 2,028889 55,267222 uk0030337 singleton and cocking tunnels 1,88 0,758611 50,921667 uk0030338 parkgate down * 6,92 1,102778 51,171111 uk0030339 tarn moss 16,97 2,929167 54,638611 uk0030340 tr igh na berie 153,54 6,928333 58,213056 uk0030341 oronsay 340,02 6,25 56,011667 uk0030342 fannich hills * 9 639,4 4,991667 57,693056 uk0030343 beinn bhan 4 171,19 5,668333 57,438889 uk0030344 onich to north ballachulish woods * 618,49 5,185 56,712222 uk0030346 glen shira 65,24 5,009444 56,297778 uk0030347 slochd 92,42 3,958056 57,316667 uk0030348 the maim 484,37 3,208333 57,066667 uk0030349 crookhill brick pit 4,64 2,504444 50,616389 uk0030350 holnest 54,8 2,474722 50,894444 uk0030352 dogger bank 1 233 115 2,218889 54,8575 uk0030353 haig fras 47 569,38 7,7823 50,2296 uk0030354 scanner pockmark 335 0,9711 58,2853 uk0030355 wyville thomson ridge 173 995 6,715 59,973611 uk0030356 garron point 15,01 2,168889 56,983333 uk0030357 braemar pockmarks 518 1,4761 58,9867 uk0030358 north norfolk sandbanks and saturn reef 360 341 2,120833 53,374722 uk0030359 stanton banks 81 727 7,9078 56,2347 uk0030360 river roe and tributaries 408,19 87 6,928889 54,994722 uk0030361 river faughan and tributaries 293,79 62,03 7,199167 54,923611 uk0030362 bolton fell moss 381,13 2,798056 55,011389 uk0030363 north west rockall bank 436 526 14,1678 57,7097 uk0030364 east mingulay 11 510,87 7,4058 56,7889 uk0030365 red bay 966,16 6,023611 55,114444 uk0030366 arun valley 487,48 0,528056 50,918611 uk0030367 pevensey levels 3 585,38 0,350556 50,8525 uk0030368 bassurelle sandbank 6 709 1,006389 50,593056 uk0030369 haisborough, hammond and winterton 146 759 1,9661 52,8408 uk0030370 inner dowsing, race bank and north ridge 84 514 0,720556 53,257222 uk0030371 margate and long sands 64 876,85 1,37 51,565278 uk0030372 lyme bay and torbay 31 246,73 2,969722 50,651111 uk0030373 start point to plymouth sound & eddystone 34 089,58 3,983611 50,21 uk0030374 lizard point 13 995,24 5,255833 49,9675 uk0030375 lands end and cape bank 30 203,63 5,824722 50,201389 uk0030376 shell flat and lune deep 10 567,49 3,203889 53,863889 uk0030377 hamford water 50,34 1,2236 51,9025 uk0030378 tankerton slopes and swalecliffe 13,01 1,0703 51,3658 uk0030379 pisces reef complex 873 5,251944 54,147778 uk0030380 wight-barfleur reef 137 344 1,473611 50,277778 uk0030381 croker carbonate slabs 6 591 5,238056 53,4725 uk0030382 studland to portland 33 184,28 2,1675 50,5547 uk0030383 skerries and causeway 10 875,96 6,5967 55,2425 uk0030384 the maidens 7 466,25 5,7519 54,9436 uk0030385 pobie bank reef 96 575 0,2931 60,5297 uk0030386 solan bank reef 85 593 5,08 59,0008 uk0030387 anton dohrn seamount 142 861 11,023242 57,214563 uk0030389 east rockall bank 369 489 12,91 57,654444 uk0030393 inner hebrides and the minches 1 380 199 6,1179 57,8292 uk0030395 southern north sea 3 695 054 1,7999 53,551 uk0030396 bristol channel approaches / dynesfeydd m 'r hafren 584 994 4,9093 51,0291 uk0030397 west wales marine / gorllewin cymru forol 737 614 4,8897 52,2687 uk0030398 north anglesey marine / gogledd m 'n forol 324 949 4,8279 53,5663 uk0030399 north channel 160 367 5,2936 54,4555

name: commission implementing decision (eu) 2018/71 of 12 december 2017 exempting the production and wholesale of electricity in the netherlands from the application of directive 2014/25/eu of the european parliament and of the council on procurement by entities operating in the water, energy, transport and postal services sector and repealing directive 2004/17/ec (notified under document c(2017) 8339) (text with eea relevance. ) type: decision_impl subject matter: construction and town planning; trade policy; european union law; electrical and nuclear industries; distributive trades; europe; energy policy date published: 2018-01-17 17.1.2018 en official journal of the european union l 12/53 commission implementing decision (eu) 2018/71 of 12 december 2017 exempting the production and wholesale of electricity in the netherlands from the application of directive 2014/25/eu of the european parliament and of the council on procurement by entities operating in the water, energy, transport and postal services sector and repealing directive 2004/17/ec (notified under document c(2017) 8339) (only the dutch 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 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 (1), and in particular article 35(3) thereof, having regard to the request submitted by dong energy a/s (dong) (2), eneco b.v. (eneco) and n.v. nuon energy (nuon) (hereinafter referred to as the applicants) by email of 30 january 2017, after consulting the advisory committee for public contracts, whereas: 1. facts (1) on 30 january 2017, dong, eneco and nuon transmitted to the commission, by email, a request pursuant to article 35 of directive 2014/25/eu (hereinafter to referred to as the request). (2) the request submitted by dong, eneco and nuon, which are considered as contracting entities in the meaning of article 4 of directive 2014/25/eu, concerns, as described in the request, the production and wholesale market for electricity. (3) the applicants are public undertakings within the meaning of the directive, as they are ultimately controlled by state, regional or local authorities: (a) dong is part of the dong energy group. of the shares in the ultimate holding company of dong energy, 50,4 % are currently held by the kingdom of denmark which holds sole control. until recently, the kingdom of denmark held joint control together with goldman sachs (3), but in an ipo that took place on 9 june 2016, the kingdom of denmark brought down its shareholding from 58,8 %, but acquired sole control over dong. according to a political agreement by a majority in the danish parliament, the kingdom of denmark is to retain its majority shareholding at least until 2020. (b) eneco is controlled by eneco holding b.v. the shares in eneco holding b.v. are held by 53 municipalities, which are mainly located in the dutch provinces of south holland, north holland, utrecht and friesland. (c) the shares in nuon are held by vattenfall ab. vattenfall ab is a non-listed company, 100 per cent owned by the swedish state. (4) as the request has not been accompanied by a position adopted by an independent national authority within the meaning of article 35(2) of directive 2014/25/eu, the commission informed the dutch authorities about the request and also requested additional information by email of 24 march 2017. the reply to this request for information was transmitted by the dutch authorities by email, on 19 june 2017. the response was deemed to be incomplete and led the commission to ask further clarifications on 27 july 2017, which the dutch authorities provided on 25 september 2017. (5) given the fact that the replies to the request for information had not been received within the deadline fixed by the commission, the time-limit for taking a decision was suspended during the period between the expiry of the deadline set in the request for information (17 april 2017), and the receipt of complete information (25 september 2017), therefore the new deadline for adoption a commission decision became 12 december 2017. 2. legal framework (6) directive 2014/25/eu applies to the award of contracts for the pursuit of activities related to the production and wholesale of electricity, unless this activity is exempted pursuant to article 34 of that directive. (7) article 34 of directive 2014/25/eu provides that contracts intended to enable the performance of one of the activities to which the directive applies shall not be subject to the directive if, in the member state in which it is carried out, the activity is directly exposed to competition on markets to which access is not restricted. direct exposure to competition is assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned. 3. assessment 3.1. free access to the market (8) access is deemed to be unrestricted if the member state has implemented and applied the relevant union legislation opening a given sector or a part of it. this legislation is listed in annex iii to directive 2014/25/eu. for the electricity sector, it refers to directive 2009/72/ec of the european parliament and of the council (4). (9) the netherlands has transposed directive 2009/72/ec in the national law through the dutch electricity act 1998 (5) (elektriciteitswet). consequently, and in accordance with article 34(1), access to the market should be deemed not to be restricted on the entire territory of the netherlands. 3.2. direct exposure to competition (10) direct exposure to competition should be evaluated on the basis of various indicators, none of which are, per se, decisive. in respect of the markets concerned by this decision, the market share of the main players on a given market constitutes one criterion which should be taken into account. given the characteristics of the markets concerned, further criteria should also be taken into account. (11) this decision is without prejudice to the application of the rules on competition and other fields of union law. in particular, the criteria and the methodology used to assess direct exposure to competition under article 34 of directive 2014/25/eu are not necessarily identical to those used to perform an assessment under article 101 or 102 of the treaty or council regulation (ec) no 139/2004 (6). this point was also upheld by the general court in a recent judgment (7). (12) it should be kept in mind that the aim of this decision is to establish whether the services concerned by the request are exposed to such a level of competition (in markets to which access is not restricted within the meaning of article 34 of directive 2014/25/eu) which will ensure that, also in the absence of the discipline brought about by the detailed procurement rules set out in directive 2014/25/eu, procurement for the pursuit of the activities concerned will be carried out in a transparent, non-discriminatory manner based on criteria allowing purchasers to identify the solution which overall is the economically most advantageous one. in this context, it is important to keep in mind that, in the market concerned, not all market players are subject to the public procurement rules (8). therefore, the companies which are not subject to those rules, when acting on those markets, have the possibility to bring competitive pressure on the market players which are subject to public procurement rules. 3.2.1. product market definition (13) according to commission precedent case comp m.4110 e.on endesa, of 25 april 2006 (9), the following relevant product markets could be distinguished in the electricity sector: (i) generation and wholesale supply; (ii) transmission; (iii) distribution and (iv) retail supply. while some of these markets may be further subdivided, to date, previous commission practice (10) rejected a distinction between an electricity generation market and a wholesale supply market since generation as such is only a first step in the value chain, but electricity volumes generated are marketed via the wholesale market. (14) the request by dong, eneco and nuon pertains to electricity generation and wholesale. (15) the dutch authority for consumers and markets (autoriteit consument & markt acm) considered that the production and wholesale electricity market included generation from both conventional and renewable sources (11). in that case, acm observed that wind energy is part of the market for the wholesale and production of electricity (12). it added that electricity generated from wind is traded on the same markets as electricity produced by other sources (13). acm thus decided not to make a separate assessment of the wholesale of wind power. (16) the applicants consider that the situation of the renewable electricity in the netherlands is different from the situation in germany and in italy respectively. according to the applicants, renewable electricity in the netherlands is subject to market forces and is therefore interchangeable with conventional electricity. in this respect, the applicants note that all the energy companies active in the netherlands have a trading company. the trading activities within the trading companies are used to source electricity by own production and on the market in order to fulfil the obligations towards their customers on the retail markets. within this trading portfolio, renewable electricity is fully interchangeable with conventional power. if the trading companies source electricity on the market, they purchase electricity on the power exchanges, but also via bilateral agreements such as power purchase agreements (ppa). trading companies enter into ppas with producers of conventional power as well as producers of renewable power. the trading companies of the energy companies compete for the sale of ppas with renewable electricity producers who sell their power to market parties. the transmission system operator (tso) does not procure any of the renewable production. therefore, according to the applicants, the production of renewable electricity is indeed subject to market forces, which means that it is not necessary to follow the european public procurement rules. (17) the applicants add that the legal framework for producers of conventional and renewable electricity is similar. the only significant difference in their view is the subsidy received by renewable electricity generators, designed to cover the difference between the cost of renewable electricity and the market price. the subsidy scheme in place in the netherlands is known as stimulering duurzame energieproductie (sde+). (18) in 2012, the commission issued exemption decisions in relation to the german and the italian electricity markets (14). for germany, the commission considered that the production and marketing of electricity regulated under eeg is not part of the market for generation and first sale of electricity produced from conventional sources because eeg is normally not directly sold on the wholesale market but first bought by the transmission grid operators for a statutory rate of remuneration. similarly, for italy the commission considered that the market for production and wholesale of electricity generated from renewable sources is separate from the market for production and wholesale of electricity generated from conventional sources because the sale of the electricity generated from renewable sources which are subject to the cip6 and fit mechanisms mostly takes place via the energy service operator. key reasons for the commission to make such a distinction were, essentially, the sale by renewable electricity producers of their production to a non-market entity (transmission system operator tso in germany and gestore dei servizi energetici gse in italy). additional considerations put forward in these two precedents were: (i) priority feed-in for renewables; (ii) a statutory rate of remuneration. the commission remarked that in germany and italy renewable generation was therefore not subject to market forces. (19) in the present case, renewable electricity producers sell their electricity directly on the wholesale market, in competition with conventional electricity producers. (20) furthermore, the dutch electricity act does not mandate priority feed-in for renewables. priority access for renewables is foreseen in the rules of congestion management and applies only in case of congestion in the grid. however, it is noted that in the last years there have been no congestion management issues in the netherlands. (21) the only common element with the german and italian precedents concerns the statutory rate of remuneration. however, it should be noted that even this element presents significant differences with these two precedents. in this regard, the commission notes that the allocation of the sde+ subsidy is exposed to competition through a bidding process which disciplines the behaviour of renewable electricity producers with regard to their procurement policy (15). indeed, under the sde+ subsidy regime, projects with different renewable technologies must compete for a predetermined amount of available funds. that competition is technology neutral. the projects and/or technologies that submit a bid with the lowest price will receive a subsidy first, until no more subsidy funds are available. the dutch sde+ system thus encourages competitive bids, whereas the competitors would try to minimise their cost (hence the value of the subsidy). (22) therefore, in view of the above considerations, renewable electricity producers in the netherlands are subject to competitive constraints. (23) taking into account the above specificities of the dutch electricity market, for the purposes of evaluating the conditions laid down in article 34(1) of directive 2014/25/eu, and without prejudice to competition law, the relevant product market is hereby defined as the market for generation and wholesale of electricity produced from both conventional and renewable sources. 3.2.2. geographic market definition (24) according to the application, the request pertains to activities on the territory of the netherlands. (25) in its decision on rwe/essent (16), the commission took the view that the geographic scope of the market was either equal to germany and the netherlands (for off-peak hours) and national (for peak hours), or national (for all hours) i.e. depending on whether a further distinction is made between peak and non-peak hours (17). (26) acm observed in the nuon-reliant case that the market for production and wholesale of electricity is at least national in scope (18). acm took into account the competitive pressure of imports. acm observed that the geographical market for off-peak hours at least covers the netherlands and germany (19). however, acm did note that during high demand the competitive pressure of imports was restricted because of limited interconnection capacity. acm observed that there was a limited correlation between the prices in the netherlands and those in germany. (27) acm did refer to indications that the geographical market could be wider than national during peak hours as well. acm predicted that that would be the case if the effectively available import capacity would be expanded to at least 6 500 mw (20). apart from the netherlands, that market would also include germany or belgium. additionally, in case there would be a market for super peak hours (which acm ultimately left open) (21), the geographical market would include at least the netherlands and germany if the effectively available import capacity would be expanded to at least 8 250 mw (22). (28) since the nuon/essent decision, there have been various projects aimed at increasing interconnection capacity to and from the netherlands. the norned cable between norway and the netherlands has been in service since 2008 with a capacity of 700 mw. the britned cable between britain and the netherlands has been in service since 2011 with a capacity of 1 000 mw. several other projects are under way: border interconnector capacity (mw) built germany doetinchem-wesel (new) 1 500 2016 (entry in service in 2018) germany meeden-diele (expansion) 500 2018 denmark cobra 700 2019 belgium kreekrak-zandvliet 700-900 2021 (29) the significant increase in interconnection capacity between the netherlands and neighbouring countries is likely to have had a favourable impact on competition in the dutch electricity generation market. (30) the commission takes note of the growing importance of imports on the dutch electricity generation and wholesale market and takes the view that, for the purposes of evaluating the conditions laid down in article 34(1) of directive 2014/25/eu, and without prejudice to the competition law, the dutch generation and wholesale electricity market is to be considered to be at least national in scope. 3.2.3. market analysis (a) market shares (31) in previous decisions (23), the commission considered that, concerning production and wholesale market, the cumulated market share of the largest three undertakings is relevant. however, given that not all market players are subject to the public procurement rules, the analysis focuses on the market position and competitive constraints on the individual market players subject to the public procurement rules. other measures of concentration may also be considered relevant. (32) the dutch central statistical office (centraal bureau voor de statistiek, hereinafter cbs), issued a report in february 2015 on the electricity market in the netherlands. (24) according to the report, installed capacity in the netherlands was about 31,5 gw, of which 20,1 gw was centralised installed capacity and 11,5 gw was decentralised installed capacity. central production is defined as production of electricity by thermal or nuclear plants that supply directly to the high-voltage grid. all other electricity production is called decentralised production, by thermal installations, wind power, water power and solar power. table 1 installed capacity (mw and number of installations) in 2012, 2013 and 2014 2012 (mw) 2012 (number) 2013 (mw) 2013 (number) 2014 (mw) 2014 (number) centralised 19 025 48 20 132 50 21 515 49 decentralised 10 905 6 405 11 408 6 451 11 799 6 445 total 29 930 6 453 31 540 6 501 33 314 6 494 (source: cbs) (33) the applicants also provide their own production figures, including a split between conventional and renewable production. the table shows that overall production has slowly decreased, while the shares of dong and eneco in overall production have slowly increased. overall production by nuon has remained relatively stable. the applicants hold a combined approximate share of less than 20 % of the overall generation. their combined market share is not significantly different between conventional and renewable generation. table 2 electricity generation, renewable and conventional (millions mwh), 2011-2015 (provisional) (25) , market shares between brackets generation 2011 2012 2013 2014 2015 generation 113 000 102 500 100 900 103 400 109 600 dong 500 (0,5 %) 600 (0,6 %) 500 (0,5 %) 1 300 (1,2 %) 1 300 (1,2 %) eneco 1 500 (1,3 %) 2 200 (2,2 %) 1 500 (1,5 %) 2 600 (2,5 %) 4 900 (4,4 %) nuon 13 400 (11,9 %) 13 100 (12,8 %) 17 100 (17 %) 13 900 (13,4 %) 13 700 (12,5 %) others 97 500 (86,3 %) 86 600 (84,5 %) 81 800 (81 %) 85 700 (82,8 %) 89 700 (81,8 %) conventional 101 000 90 000 88 900 91 600 96 400 dong [ ] (*1) [ ] [ ] [ ] [ ] eneco [ ] [ ] [ ] [ ] [ ] nuon [ ] [ ] [ ] [ ] [ ] others 86 900 (86,1 %) 75 500 (83,9 %) 71 400 (80,3 %) 75 900 (82,9 %) 79 400 (82,3 %) renewable 12 000 12 500 12 000 11 800 13 200 dong [ ] [ ] [ ] [ ] [ ] eneco [ ] [ ] [ ] [ ] [ ] nuon [ ] [ ] [ ] [ ] [ ] others 10 600 (88,4 %) 11 100 (88,5 %) 10 400 (86,4 %) 9 800 (82,7 %) 10 300 (77,9 %) (34) additional data was provided by the dutch authorities on 25 september 2017. it is summarised in the table below. operator market share 2013 2014 2015 delta production: capacity: [ ] [ ] [ ] dong production: capacity: [ ] [ ] [ ] edf production: capacity: [ ] [ ] [ ] eneco production: capacity: [ ] [ ] [ ] nuon production: capacity: [ ] [ ] [ ] (35) the data provided both by the applicants (26) and the dutch authorities show that other electricity producers which together have a cumulative market share comprised approximately between 70 and 80 %, are not subject to the provisions of the procurement law. (36) the aim of the present decision is to establish whether the activities of generation and wholesale of electricity are exposed to such a level of competition (on markets to which access is free) that this will ensure that, also in the absence of the discipline brought about by the detailed procurement rules set out in directive 2014/25/eu, the procurement for the pursuit of the activities concerned will be carried out in a transparent, non-discriminatory manner based on criteria allowing the contracting entity to identify the solution which overall is the economically most advantageous. (37) in respect of generation and wholesale supply of electricity, the facts above can be considered to be an indication of direct exposure to competition of the market players which are covered by the procurement law provisions. (b) other factors (38) the level of imports in the netherlands stands at 28 % of total supply and consumption. this is for instance higher than italy's electricity imports (13,4 %) when the italian electricity generation market was assessed (27). the commission found that those imports had a pro-competitive effect, and would only improve further as additional interconnection capacity would become available. the magnitude of imports in the dutch market reinforces the conclusion that contracting entities operating on the dutch electricity generation market are exposed to competition. (39) the degree of liquidity on the wholesale market, as analysed by the national competition authority acm (28), and the functioning of the dutch balancing market do not oppose the conclusion that contracting entities operating on the dutch production market are exposed to competition. 4. conclusions (40) in view of the factors examined above, the condition of direct exposure to competition laid down in article 34 of directive 2014/25/eu should be considered to be met in view of contracting entities with respect of production and wholesale supply of electricity in the netherlands. (41) furthermore, since the condition of unrestricted access to the market is deemed to be met, directive 2014/25/eu should not apply when contracting entities award contracts intended to enable production and wholesale supply of electricity to be carried out in the netherlands nor when they organise design contests for the pursuit of such an activity in that geographical area. (42) this decision is based on the legal and factual situation as of january 2017 to november 2017 as it appears from the information submitted by the applicants and by the dutch authorities. it may be revised, should the conditions for the applicability of article 34 of directive 2014/25/eu be no longer met, following significant changes in the legal or factual situation. (43) it is recalled that article 16 of directive 2014/23/eu of the european parliament and of the council (29) provides for an exemption from the application of that directive for concessions awarded by contracting entities where, for the member state in which the concessions are to be performed, it has been established pursuant to article 35 of directive 2014/25/eu that the activity is directly exposed to competition in accordance with article 34 of that directive. since it was concluded that the activity of production and wholesale of electricity is subject to competition, concession contracts intended to enable the performance of those activities in the netherlands will be excluded from the field of application of directive 2014/23/eu. (44) the measures provided for in this decision are in accordance with the opinion of the advisory committee for public contracts, has adopted this decision: article 1 directive 2014/25/eu shall not apply to contracts awarded by contracting entities and intended to enable production and wholesale of electricity to be carried out in the netherlands. article 2 this decision is addressed to the kingdom of the netherlands. done at brussels, 12 december 2017. for the commission el bieta bie kowska member of the commission (1) oj l 94, 28.3.2014, p. 243. (2) this includes the activities of: 1. (the subsidiaries of) dong energy wind power a/s, which is an indirect 100 % subsidiary of dong. this entity is also the one formally submitting the exemption request on behalf of dong. 2. dong energy netherlands b.v., which indirectly holds a 50 % stake in the enecogen power plant (3) see case no comp/m.7068. (4) directive 2009/72/ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and repealing directive 2003/54/ec (oj l 211, 14.8.2009, p. 55). (5) wet van 12-7-2012, stb. 2012, 334 en inwerkingtredingsbesluit van 12-7-2012, stb. 2012, 336. (6) council regulation (ec) no 139/2004 of 20 january 2004 on the control of concentrations between undertakings (the ec merger regulation) (oj l 24, 29.1.2004, p. 1). (7) judgment of 27 april 2016, sterreichische post ag v. commission, t-463/14, eu:t:2016:243, paragraph 28. (8) according to the request only delta, dong, edf, eneco and nuon are contracting entities in the sense of article 4 of directive 2014/25/eu, hence subject to the public procurement rules. (9) case comp m.4110 e.on endesa, of 25 april 2006, paragraphs 10 and 11, p. 3. (10) case comp/m.3696 e.on mol of 21 january 2005, paragraph 223, case comp/m.5467, rwe- essent of 23 june 2009, paragraph 23. (11) acm decision case 6015 nuon/essent of 21 may 2007, paragraph 53. (12) nuon/essent, para. 14, 174. (13) furthermore, acm noted that for end customers the precise source of electricity is no longer traceable. a certain degree of traceability may exist related to guarantees of origin but the electricity itself that (end) customers buy is still not traceable to the source. (14) commission implementing decision 2012/218/eu of 24 april 2012 exempting the production and wholesale of electricity produced from conventional sources in germany from the application of directive 2004/17/ec of the european parliament and of the council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (oj l 114, 26.4.2012, p. 21) and commission implementing decision 2012/539/eu of 26 september 2012 exempting the production and wholesale of electricity produced from conventional sources in macro zone north and macro-zone south in italy from the application of directive 2004/17/ec of the european parliament and of the council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sector and amending commission decision 2010/403/eu (oj l 271, 5.10.2012, p. 4). (15) the sde+ subsidy scheme was deemed to be compatible with eu state aid rules in 2015, as it limits to a minimum the distortion to competition see sa.39399 (2015/n). (16) case comp/m.5467, c(2009) 5177. (17) rwe/essent, paragraph 32. (18) acm decision in case 5098/e.on nre; acm decision in case 3386/nuon reliant energy group. (19) vision document [on] concentrations [in the] energy markets', published in november 2006 by the dutch competition authority (nma), paragraph 139. (20) idem, paragraph 139. (21) idem, paragraphs 29, 72 and an earlier definition in nuon/reliant case in footnote 4: super peak is the electricity needed on working days between 8:00 and 20:00. (22) idem, paragraph 139. nuon/essent, paragraph 91. (23) implementing decision 2012/218/eu and implementing decision 2012/539/eu. (24) centraal bureau voor de statistiek, elektriciteit in nederland, february 2015, see https://www.cbs.nl/nl-nl/publicatie/2015/07/elektriciteit-in-nederland (*1) confidential information. (25) http://statline.cbs.nl/statweb/publication/?dm=slnl&pa=00377&d1=a&d2=701,712,714-715,718,729,731-732&hdr=g1&stb=t&vw=t (source: cbs) (26) according to the request, section 5.2.3 (27) commission decision, 2010/403/eu of 14 july 2010 exempting the production and wholesale of electricity in italy's macro-zone north and the retail of electricity to end customers connected to the medium, high and very high voltage grid in italy, from the application of directive 2004/17/ec of the european parliament and of the council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (oj l 186, 20.7.2010, p. 44), recital 11. (28) in its most recent liquidity report, published in 2014, acm concluded that the liquidity of the wholesale electricity market (e.g. higher traded volumes, lower price volatility and smaller bid-ask spread) appears to have increased over the period 2009-2013. acm also noted that the number of transactions in intraday products in 2013 more than doubled compared to 2012. (29) directive 2014/23/eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts (oj l 94, 28.3.2014, p. 1).

name: commission implementing decision (eu) 2018/52 of 11 january 2018 terminating the partial interim review concerning imports of certain threaded tube or pipe cast fittings of malleable cast iron originating in the people's republic of china and thailand type: decision_impl subject matter: international trade; asia and oceania; competition; iron, steel and other metal industries; technology and technical regulations; trade; mechanical engineering date published: 2018-01-12 12.1.2018 en official journal of the european union l 7/39 commission implementing decision (eu) 2018/52 of 11 january 2018 terminating the partial interim review concerning imports of certain threaded tube or pipe cast fittings of malleable cast iron originating in the people's republic of china and thailand 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), and in particular article 9(1) thereof, whereas: 1. procedure (1) by council implementing regulation (eu) no 430/2013 (2) definitive anti-dumping measures were imposed on certain threaded tube or pipe cast fittings of malleable cast iron originating in the people's republic of china (the prc) and thailand. (2) on 23 may 2017, the european commission (the commission) initiated a partial interim review with regard to imports into the union of certain threaded tube or pipe cast fittings of malleable cast iron originating in the prc and thailand on the basis of article 11(3) of regulation (eu) 2016/1036 (the basic regulation). it published a notice of initiation in the official journal of the european union (3) (the notice of initiation). (3) the commission initiated the review concerning the prc following a request lodged on 25 july 2016 by hebei yulong casting co., ltd (the applicant), a chinese exporting producer of certain types of threaded tube or pipe cast fittings of malleable cast iron, with regard to imports from the prc. the applicant requested the review in order to determine whether bodies of compression fittings using din 28601 thread, and cross-shaped fittings with two unthreaded central through holes (the products for potential exclusion) should be excluded from the product scope of the implementing regulation (eu) no 430/2013. as the measures also apply to imports originating in thailand, the commission decided on its own initiative to initiate the review for imports from thailand as well. the request contained sufficient evidence to justify the initiation of the review. (4) in the notice of initiation, the commission invited interested parties to contact it in order to participate in the review. in addition, the commission specifically informed the applicant, known union producers, the known exporting producers in the prc and thailand and the chinese and thai authorities, known importers, suppliers and users, traders, as well as an association about the initiation of the review and invited them to participate. (5) interested parties had an opportunity to comment on the initiation of the review and to request a hearing with the commission and/or the hearing officer in trade proceedings. 2. withdrawal of the request for review and termination of the investigation (6) on 8 september 2017, the applicant withdrew its request for review. (7) in accordance with articles 9(1) and 11(5) of the basic regulation, when the applicant withdraws its request, the review may be terminated unless such termination would not be in the union interest. (8) the commission considered that the review should be terminated with regard to the prc since the investigation had not brought to light any consideration demonstrating that such termination would not be in the union interest. (9) with regard to thailand, none of the contacted known companies or thai authorities provided any relevant information for the investigation with regard to the product for potential exclusion that would allow for the review to be carried out. none of the contacted known importers reported any imports of the product for potential exclusion from thailand. the investigation revealed no other relevant information that would be the basis for carrying out a review of a product scope. (10) since the applicant withdrew its request with regard to the prc and since there is no further relevant information with regard to thailand, the review should be terminated ex officio with regard to thailand in accordance with articles 9(2) and 11(5) of the basic regulation. (11) interested parties were informed accordingly and were given an opportunity to comment. no comments were received within the prescribed deadline. (12) the commission therefore concludes that the partial interim review concerning imports of certain threaded tube or pipe cast fittings of malleable cast iron originating in the prc and thailand should be terminated. (13) 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 concerning imports of certain threaded tube or pipe cast fittings of malleable cast iron originating in the people's republic of china and thailand, excluding bodies of compression fittings using iso din 13 metric thread and malleable iron threaded circular junction boxes without having a lid, currently falling within cn code ex 7307 19 10 (taric code 7307191010) is terminated. 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, 11 january 2018. for the commission the president jean-claude juncker (1) oj l 176, 30.6.2016, p. 21. (2) council implementing regulation (eu) no 430/2013 of 13 may 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the people's republic of china and thailand and terminating the proceeding with regard to indonesia (oj l 129, 14.5.2013, p. 1). (3) notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the people's republic of china and thailand (oj c 162, 23.5.2017, p. 12).

name: council implementing decision (cfsp) 2018/36 of 10 january 2018 implementing decision 2012/285/cfsp concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the republic of guinea-bissau type: decision_impl subject matter: international affairs; civil law; africa date published: 2018-01-11 11.1.2018 en official journal of the european union l 6/48 council implementing decision (cfsp) 2018/36 of 10 january 2018 implementing decision 2012/285/cfsp concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the republic of guinea-bissau 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 2012/285/cfsp of 31 may 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the republic of guinea-bissau and repealing decision 2012/237/cfsp (1), and in particular article 3(1) and (2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 31 may 2012, the council adopted decision 2012/285/cfsp. (2) on 20 december 2017, the united nations security council committee established pursuant to united nations security council resolution 2048 (2012) deleted one person from the list of persons subject to restrictive measures. (3) annex i to decision 2012/285/cfsp should therefore be amended accordingly and that person should also be deleted from annex iii to decision 2012/285/cfsp, has adopted this decision: article 1 annexes i and iii to decision 2012/285/cfsp are hereby amended as set out in the annex to this decision. article 2 this decision shall enter into force on the date of its publication in the official journal of the european union. done at brussels, 10 january 2018. for the council the president e. kraleva (1) oj l 142, 1.6.2012, p. 36. annex 1. in annex i to decision 2012/285/cfsp, the entry concerning the person listed below is deleted: 6. sanha cluss 2. in annex iii to decision 2012/285/cfsp, the entry concerning the person listed below is deleted: 11. sanha cluss .

name: council decision (eu) 2018/14 of 18 december 2017 on the position to be adopted on behalf of the european union within the eu-albania stabilisation and association council on the participation of albania as an observer in the european union agency for fundamental rights' work and the respective modalities thereof, within the framework of regulation (ec) no 168/2007 type: decision subject matter: european construction; europe; eu institutions and european civil service; international affairs; rights and freedoms date published: 2018-01-09 9.1.2018 en official journal of the european union l 4/9 council decision (eu) 2018/14 of 18 december 2017 on the position to be adopted on behalf of the european union within the eu-albania stabilisation and association council on the participation of albania as an observer in the european union agency for fundamental rights' work and the respective modalities thereof, within the framework of regulation (ec) no 168/2007 the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 352, in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the luxembourg european council of december 1997 made participation in union agencies a way of stepping up the pre-accession strategy. the conclusions of that european council state that the union agencies in which applicant countries will be able to participate will be determined on a case-by-case basis. (2) council regulation (ec) no 168/2007 (1) provides that the european union agency for fundamental rights (the agency) is to be open to the participation of candidate countries as observers. (3) albania shares the aims and objectives of the agency and subscribes to the scope and descripion of the tasks of the agency, as provided for in regulation (ec) no 168/2007. (4) albania's ultimate objective is to become a member of the union, and its participation in the agency will help it to achieve that objective, has adopted this decision: sole article the position to be adopted on behalf of the european union within the eu-albania stabilisation and association council on the participation of albania as an observer in the european union agency for fundamental rights' work and the respective modalities thereof, within the framework of regulation (ec) no 168/2007, shall be based on the draft decision of the eu-albania stabilisation and association council attached to this decision. done at brussels, 18 december 2017. for the council the president k. simson (1) council regulation (ec) no 168/2007 of 15 february 2007 establishing a european union agency for fundamental rights (oj l 53, 22.2.2007, p. 1). draft decision no /2016 of the eu-albania stabilisation and association council of on the participation of albania as an observer in the european union agency for fundamental rights' work and the respective modalities thereof, within the framework of council regulation (ec) no 168/2007 the eu-albania stabilisation and association council, having regard to the stabilisation and association agreement between the european communities and their member states, of the one part, and the republic of albania, of the other part (1), having regard to council regulation (ec) no 168/2007 of 15 february 2007 establishing a european union agency for fundamental rights (2), and in particular article 28 thereof, whereas: (1) the luxembourg european council of december 1997 made participation in union agencies a way of stepping up the pre-accession strategy. the conclusions of that european council state that the union agencies in which applicant countries will be able to participate will be determined on a case-by-case basis. (2) albania shares the aims and objectives of the european union agency for fundamental rights (the agency) and subscribes to the scope and description of the tasks of the agency, as provided for in regulation (ec) no 168/2007. (3) it is appropriate that the agency should deal with fundamental rights issues within the scope of article 3(1) of regulation (ec) no 168/2007 in albania to the extent necessary for its gradual alignment with union law. (4) albania should therefore be allowed to participate as an observer in the agency's work and the modalities of such participation should be defined, including provisions relating to the participation in initiatives undertaken by the agency, to the financial contribution and to staff. (5) in accordance with point (a) of article 12(2) and point (a) of article 82(3) of the conditions of employment of other servants of the european union, laid down in council regulation (eec, euratom, ecsc) no 259/68 (3), the director of the agency, by way of exception, may authorise the engagement of nationals of albania enjoying their full rights as citizens, has adopted this decision: article 1 albania, as a candidate country, shall participate as an observer in the european union agency for fundamental rights, established by regulation (ec) no 168/2007. article 2 1. the agency may deal with fundamental rights issues within the scope of article 3(1) of regulation (ec) no 168/2007 in albania to the extent necessary for its gradual alignment with union law. 2. to that end, the agency may carry out in albania the tasks set out in articles 4 and 5 of regulation (ec) no 168/2007. article 3 albania shall contribute financially to the activities of the agency referred to in article 4 of regulation (ec) no 168/2007 in accordance with the annex to this decision. article 4 1. albania shall appoint persons complying with the criteria provided for in article 12(1) of regulation (ec) no 168/2007 as observer and alternate observer, respectively. they may participate in the works of the management board on an equal footing with the members and alternate members appointed by member states, but without a right to vote. 2. albania shall nominate a government official as the national liaison officer referred to in article 8(1) of regulation (ec) no 168/2007. 3. within four months of the entry into force of this decision, albania shall inform the european commission of the names, qualifications and contact details of the persons referred to in paragraphs 1 and 2. article 5 the data supplied to, or emanating from, the agency may be published and shall be made accessible to the public, provided that confidential information is afforded the same degree of protection in albania as it is afforded within the union. article 6 the agency shall enjoy in albania the same capacity as that accorded to legal entities under albania's law. article 7 in order to enable the agency and its staff to perform their tasks, albania shall grant the privileges and immunities identical to those set out in articles 1 to 4, 5, 6, 10 to 13, 15, 17 and 18 of protocol no 7 on the privileges and immunities of the european union, annexed to the treaty on european union and to the treaty on the functioning of the european union. article 8 the parties shall each take any general or specific measures required to fulfil their obligations under this decision and shall notify them to the stabilisation and association council. article 9 this decision shall enter into force on the first day of the second month following the date of its adoption. done at , for the eu-albania stabilisation and association council the president (1) oj l 107, 28.4.2009, p. 166. (2) oj l 53, 22.2.2007, p. 1. (3) oj l 56, 4.3.1968, p. 1. annex financial contribution of albania to the european union agency for fundamental rights 1. the financial contribution to be paid by albania to the general budget of the european union to participate in the european union agency for fundamental rights (the agency), as laid down in point 2, represents the full cost of its participation therein for the first three years. as of year four, the amounts will be determined in accordance with point 6. 2. the financial contribution to be paid by albania to the general budget of the union for the first three years shall be as follows: year 1: eur 160 000 year 2: eur 163 000 year 3: eur 166 000 3. the possible financial support from union assistance programmes will be agreed separately in accordance with the relevant union programme. 4. the contribution of albania will be managed in accordance with the financial regulation (1) applicable to the general budget of the union. 5. travel costs and subsistence costs incurred by representatives and experts of albania for the purposes of taking part in the agency's work or in meetings related to the implemention of the agency's work programme shall be reimbursed by the agency on the same basis as, and in accordance with the procedures currently in force, for the member states of the union. 6. after the entry into force of this decision and at the beginning of each following year, the commission will send to albania a call for funds corresponding to its contribution to the agency under this decision. for the first calendar year of its participation, albania will pay a contribution calculated from the date of participation to the end of the year on a pro rata basis. for the following years, the contribution will be in accordance with the table under point 2 of this annex. as from year four, the contribution will be adapted in the light of any increase or decrease of the agency's subsidy in order to maintain the analogy between the contribution for albania and the agency's budget for the eu-28. the contribution may also be reviewed in the following financial years on the basis of the latest statistical data published by the statistical office of the european union (eurostat). 7. this contribution shall be expressed in eur and paid into a eur bank account of the commission. 8. albania will pay its contribution according to the call for funds for its own part within 30 days after the call for funds is sent by the commission. 9. any delay in the payment of the contribution shall give rise to the payment of interest by albania on the outstanding amount as from the due date. the interest rate corresponds to the rate applied by the european central bank on the due date for its operations in eur, increased by 1,5 percentage points. (1) 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 (oj l 298, 26.10.2012, p. 1).

name: decision (eu) 2017/2444 of the european central bank of 8 december 2017 amending decision (eu) 2015/2332 on the procedural framework for the approval of the volume of euro coin issuance (ecb/2017/41) type: decision subject matter: monetary economics; monetary relations date published: 2017-12-23 23.12.2017 en official journal of the european union l 344/63 decision (eu) 2017/2444 of the european central bank of 8 december 2017 amending decision (eu) 2015/2332 on the procedural framework for the approval of the volume of euro coin issuance (ecb/2017/41) 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(2) 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 thereof, whereas: (1) decision (eu) 2015/2332 of the european central bank (ecb/2015/43) (1) establishes rules related to the procedural framework for the approval of the volume of coin issuance. (2) the governing council considers that the power to adopt decisions on annual and ad hoc approval requests for the volume of coin issuance submitted by member states whose currency is the euro should be delegated to the executive board when no modification of the requested volume of coin issuance is required. (3) where the executive board considers that the volume of coin issuance requested by one or more member states whose currency is the euro needs to be modified, it should submit a reasoned proposal explaining the required modifications to the governing council, and the governing council should remain competent for the adoption of a decision. (4) therefore, decision (eu) 2015/2332 (ecb/2015/43) should be amended accordingly, has adopted this decision: article 1 amendments decision (eu) 2015/2332 (ecb/2015/43) is amended as follows: 1. article 2 is amended as follows, (a) paragraph 9 is replaced by the following: 9. where the executive board determines that the annual approval requests do not require a modification of the annual volume of coin issuance requested by each euro area member state, the executive board shall adopt a decision on the approval of the annual volume of coin issuance for the euro area before the end of the calendar year preceding the year for which the requests for approval are made.; and (b) the following paragraph 10 is added: 10. where the executive board determines that the volume of coin issuance requested by one or more requesting euro area member states requires modification, following consultation with the member state concerned, it shall submit a reasoned proposal explaining the required modifications to the governing council. in such cases, the governing council shall adopt the decision on the approval of the annual volume of coin issuance for the euro area without undue delay.; 2. article 3 is amended as follows: (a) paragraph 7 is replaced by the following: 7. where the executive board determines that the additional volume of coin issuance requested by a euro area member state pursuant to paragraph 5 does not require modification, the executive board shall adopt an individual decision on the ad hoc approval request without undue delay.; and (b) the following paragraph 8 is added: 8. where the executive board determines that the additional volume of coin issuance requested by a euro area member state requires modification, it shall submit a reasoned proposal explaining the required modifications to the governing council. in such cases, the governing council shall adopt an individual decision on the ad hoc approval request without undue delay. article 2 taking effect this decision shall take effect on the day of its notification to the addressees. it shall apply from 1 january 2018. article 3 addressees this decision is addressed to the euro area member states. done at frankfurt am main, 8 december 2017. for the governing council of the ecb the president of the ecb mario draghi (1) decision (eu) 2015/2332 of the european central bank of 4 december 2015 on the procedural framework for the approval of the volume of euro coin issuance (ecb/2015/43) (oj l 328, 12.12.2015, p. 123).

name: council decision (eu) 2017/2463 of 18 december 2017 authorising croatia, the netherlands, portugal and romania to accept, in the interest of the european union, the accession of san marino to the 1980 hague convention on the civil aspects of international child abduction type: decision subject matter: europe; social affairs; international affairs; criminal law; demography and population date published: 2017-12-29 29.12.2017 en official journal of the european union l 348/41 council decision (eu) 2017/2463 of 18 december 2017 authorising croatia, the netherlands, portugal and romania to accept, in the interest of the european union, the accession of san marino 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 at ensuring 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 for 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 (3), declarations of acceptance under the 1980 hague convention fall within the exclusive external competence of the union. (10) san marino deposited its instrument of accession to the 1980 hague convention on 14 december 2006. the 1980 hague convention entered into force for san marino on 1 march 2007. (11) all member states, with the exception of croatia, denmark, the netherlands, portugal and romania, have already accepted the accession of san marino to the 1980 hague convention. an assessment of the situation in san marino has led to the conclusion that croatia, the netherlands, portugal and romania are in a position to accept, in the interest of the union, the accession of san marino under the terms of the 1980 hague convention. (12) croatia, the netherlands, portugal and romania should therefore be authorised to deposit their declarations of acceptance of the accession of san marino to the 1980 hague convention 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 san marino 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. croatia, the netherlands, portugal and romania are hereby authorised to accept the accession of san marino to the 1980 hague convention in the interest of the union. 2. member states referred to in paragraph 1 shall, no later than 19 december 2018, deposit a declaration of acceptance of the accession of san marino to the 1980 hague convention in the interest of the union, to be worded as follows: [full name of member state] declares that it accepts the accession of san marino to the hague convention of 25 october 1980 on the civil aspects of international child abduction, in accordance with council decision (eu) 2017/2463. 3. member states referred to in paragraph 1 shall inform the council and the commission of the deposit of their declarations of acceptance of the accession of san marino to the 1980 hague convention and shall communicate the text of those declarations within two months of their deposit to the commission. article 2 those member states which deposited their declarations of acceptance of the accession of san marino to the 1980 hague convention prior to the date of adoption of this decision shall not deposit new declarations. article 3 this decision shall take effect on the date of its notification. article 4 this decision is addressed to croatia, the netherlands, portugal and romania. done at brussels, 18 december 2017. for the council the president k. simson (1) opinion of 30 november 2017 (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). (3) ecli:eu:c:2014:2303.

name: council decision (eu) 2017/2456 of 18 december 2017 on the conclusion of the agreement for scientific and technological cooperation between the european union and the people's democratic republic of algeria setting out the terms and conditions for the participation of the people's democratic republic of algeria in the partnership for research and innovation in the mediterranean area (prima) type: decision subject matter: regions and regional policy; european construction; cooperation policy; health; natural environment; research and intellectual property; africa; international affairs date published: 2017-12-29 29.12.2017 en official journal of the european union l 348/23 council decision (eu) 2017/2456 of 18 december 2017 on the conclusion of the agreement for scientific and technological cooperation between the european union and the people's democratic republic of algeria setting out the terms and conditions for the participation of the people's democratic republic of algeria in the partnership for research and innovation in the mediterranean area (prima) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 186, 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) decision (eu) 2017/1324 of the european parliament and of the council (2) provides for the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states. (2) the people's democratic republic of algeria (algeria) expressed its wish to join prima as a participating state and on an equal footing with the member states and third countries associated to horizon 2020 the framework programme for research and innovation (2014-2020) participating in prima. (3) in accordance with article 1(2) of decision (eu) 2017/1324 algeria is to become a participating state in prima subject to the conclusion of an international agreement for scientific and technological cooperation with the union setting out the terms and conditions for the participation of algeria in prima. (4) in accordance with council decision (eu) 2017/2209 (3) the agreement for scientific and technological cooperation between the european union and the people's democratic republic of algeria setting out the terms and conditions for the participation of the people's democratic republic of algeria in the partnership for research and innovation in the mediterranean area (prima) (the agreement), was signed on 26 october 2017, subject to its conclusion at a later date. (5) the agreement should be approved, has adopted this decision: article 1 the agreement for scientific and technological cooperation between the european union and the people's democratic republic of algeria setting out the terms and conditions for the participation of the people's democratic republic of algeria in the partnership for research and innovation in the mediterranean area (prima) is hereby approved on behalf of the union (4). article 2 the president of the council shall, on behalf of the union, give the notification provided for in article 5(2) of the agreement (5). article 3 this decision shall enter into force on the date of its adoption. done at brussels, 18 december 2017. for the council the president k. simson (1) consent of 30 november 2017 (not yet published in the official journal). (2) decision (eu) 2017/1324 of the european parliament and of the council of 4 july 2017 on the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states (oj l 185, 18.7.2017, p. 1). (3) council decision (eu) 2017/2209 of 25 september 2017 on the signing, on behalf of the union, and provisional application of the agreement for scientific and technological cooperation between the european union and the people's democratic republic of algeria setting out the terms and conditions for the participation of the people's democratic republic of algeria in the partnership for research and innovation in the mediterranean area (prima) (oj l 316, 1.12.2017, p. 1). (4) the agreement has been published in oj l 316, 1.12.2017, p. 3 together with the decision on signature. (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, euratom) 2017/2436 of 18 december 2017 appointing a member, proposed by the italian republic, of the european economic and social committee type: decision subject matter: eu institutions and european civil service; europe date published: 2017-12-23 23.12.2017 en official journal of the european union l 344/37 council decision (eu, euratom) 2017/2436 of 18 december 2017 appointing a member, proposed by the italian republic, of the european economic and social committee the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 302 thereof, having regard to the treaty establishing the european atomic energy community, and in particular article 106a thereof, having regard to the proposal of the italian government, having regard to the opinion of the european commission, whereas: (1) on 18 september 2015 and 1 october 2015, the council adopted decisions (eu, euratom) 2015/1600 (1) and (eu, euratom) 2015/1790 (2) appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020. (2) a member's seat on the european economic and social committee has become vacant following the end of the term of office of mr giancarlo durante, has adopted this decision: article 1 mr giovanni sabatini, direttore generale dell'abi (associazione bancaria italiana), is hereby appointed as a member of the european economic and social committee for the remainder of the current term of office, which runs until 20 september 2020. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 18 december 2017. for the council the president k. simson (1) council decision (eu, euratom) 2015/1600 of 18 september 2015 appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020 (oj l 248, 24.9.2015, p. 53). (2) council decision (eu, euratom) 2015/1790 of 1 october 2015 appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020 (oj l 260, 7.10.2015, p. 23).

name: council decision (cfsp) 2017/2427 of 21 december 2017 amending decision 2010/231/cfsp concerning restrictive measures against somalia type: decision subject matter: united nations; international trade; international affairs; free movement of capital; africa; cooperation policy; non-governmental organisations; defence date published: 2017-12-22 22.12.2017 en official journal of the european union l 343/78 council decision (cfsp) 2017/2427 of 21 december 2017 amending decision 2010/231/cfsp concerning restrictive measures against somalia the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to council decision 2010/231/cfsp of 26 april 2010 concerning restrictive measures against somalia and repealing common position 2009/138/cfsp (1), having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 26 april 2010, the council adopted decision 2010/231/cfsp. (2) on 14 november 2017, the united nations security council adopted resolution 2385 (2017). that resolution provides for an exemption from the assets freeze and from the prohibition on making funds, other financial assets and economic resources available for urgently needed humanitarian assistance in somalia, by the united nations, its specialized agencies or programmes, humanitarian organizations having observer status with the united nations general assembly that provide humanitarian assistance, and their implementing partners including bilaterally or multilaterally funded non-governmental organizations participating in the united nations humanitarian response plan for somalia. (3) decision 2010/231/cfsp should therefore be amended accordingly, has adopted this decision: article 1 article 6(6) of decision 2010/231/cfsp is replaced by the following: 6. paragraphs 1 and 2 shall not apply to the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in somalia, by the united nations, its specialised agencies or programmes, humanitarian organisations having observer status with the united nations general assembly that provide humanitarian assistance, and their implementing partners, including bilaterally or multilaterally funded non-governmental organizations participating in the united nations humanitarian response plan for somalia. 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, 21 december 2017. for the council the president m. maasikas (1) oj l 105, 27.4.2010, p. 17.

name: council decision (eu) 2017/2424 of 18 december 2017 authorising romania to accept, in the interest of the european union, the accession of chile, iceland and the bahamas to the 1980 hague convention on the civil aspects of international child abduction type: decision subject matter: demography and population; america; europe; international affairs; criminal law; family; social affairs date published: 2017-12-22 22.12.2017 en official journal of the european union l 343/70 council decision (eu) 2017/2424 of 18 december 2017 authorising romania to accept, in the interest of the european union, the accession of chile, iceland and the bahamas 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 at ensuring 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 for 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 (3), declarations of acceptance under the 1980 hague convention fall within the exclusive external competence of the union. (10) chile deposited its instrument of accession to the 1980 hague convention on 23 february 1994. the 1980 hague convention entered into force for chile on 1 may 1994. (11) all member states concerned, with the exception of romania, have already accepted the accession of chile to the 1980 hague convention. chile has accepted the accession of cyprus, slovenia, bulgaria, estonia, latvia, lithuania and malta to the 1980 hague convention. an assessment of the situation in chile has led to the conclusion that romania is in a position to accept, in the interest of the union, the accession of chile under the terms of the 1980 hague convention. (12) iceland deposited its instrument of accession to the 1980 hague convention on 14 august 1996. the 1980 hague convention entered into force for iceland on 1 september 1996. (13) all member states concerned, with the exception of romania, have already accepted the accession of iceland to the 1980 hague convention. iceland has accepted the accession of bulgaria, estonia, latvia, lithuania and malta to the 1980 hague convention. an assessment of the situation in iceland has led to the conclusion that romania is in a position to accept, in the interest of the union, the accession of iceland under the terms of the 1980 hague convention. (14) the bahamas deposited its instrument of accession to the 1980 hague convention on 1 october 1993. the 1980 hague convention entered into force for the bahamas on 1 january 1994. (15) all member states concerned, with the exception of romania, have already accepted the accession of the bahamas to the 1980 hague convention. the bahamas has accepted the accession of bulgaria, cyprus, estonia, latvia, lithuania, malta and slovenia to the 1980 hague convention. an assessment of the situation in the bahamas has led to the conclusion that romania is in a position to accept, in the interest of the union, the accession of the bahamas under the terms of the 1980 hague convention. (16) romania should therefore be authorised to deposit its declaration of acceptance of the accession of chile, iceland and the bahamas to the 1980 hague convention 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 chile, iceland and the bahamas to the 1980 hague convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law. (17) the united kingdom and ireland are bound by the brussels iia regulation and are taking part in the adoption and application of this decision. (18) 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. romania is hereby authorised to accept the accession of chile, iceland and the bahamas to the 1980 hague convention in the interest of the union. 2. romania shall, no later than 19 december 2018, deposit a declaration of acceptance of the accession of chile, iceland and the bahamas to the 1980 hague convention in the interest of the union, to be worded as follows: [full name of member state] declares that it accepts the accession of chile, iceland and the bahamas to the hague convention of 25 october 1980 on the civil aspects of international child abduction, in accordance with council decision (eu) 2017/2424. 3. romania shall inform the council and the commission of the deposit of its declaration of acceptance of the accession of chile, iceland and the bahamas to the 1980 hague convention and shall communicate the text of that declaration within two months of its deposit to the commission. article 2 those member states which deposited their declarations of acceptance of the accession of chile, iceland and the bahamas to the 1980 hague convention prior to the date of adoption of this decision shall not deposit new declarations. article 3 this decision shall take effect on the date of its notification. article 4 this decision is addressed to romania. done at brussels, 18 december 2017. for the council the president k. simson (1) opinion of the european parliament of 30 november 2017 (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). (3) ecli:eu:c:2014:2303.

name: council decision (eu) 2017/2423 of 11 december 2017 on the position to be adopted, on behalf of the european union, within the eu-turkey association council as regards the amendment of protocol 2 to decision no 1/98 of the ec-turkey association council on the trade regime for agricultural products type: decision subject matter: trade policy; agricultural activity; foodstuff; trade; european construction; tariff policy; animal product; europe date published: 2017-12-22 22.12.2017 en official journal of the european union l 343/67 council decision (eu) 2017/2423 of 11 december 2017 on the position to be adopted, on behalf of the european union, within the eu-turkey association council as regards the amendment of protocol 2 to decision no 1/98 of the ec-turkey association council on the trade regime for agricultural products 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(9) thereof, having regard to the proposal from the european commission, whereas: (1) the agreement establishing an association between the european economic community and turkey (1) (the agreement) aims to promote the continuous and balanced strengthening of trade and economic relations between the union and turkey, and establishes an association council to ensure the implementation and the progressive development of the association. (2) decision no 1/98 of the ec-turkey association council (2) establishes the trade regime for agricultural products. protocol 2 to that decision contains details of the preferential regime applicable to the importation into turkey of agricultural products originating in the union, including a preferential regime for the importation of frozen bovine meat. (3) the union and turkey have held consultations and have agreed to amend the preferential regime applicable to the importation into turkey of bovine meat originating in the union, and to extend the scope of the existing tariff quota, set out in the annex to protocol 2 to decision no 1/98, to fresh and chilled bovine meat. (4) pursuant to article 35 of the additional protocol to the agreement (3), the scope of the preferential treatment granted to each other by the union and turkey may be amended by a decision of the association council. (5) the position of the union within the eu-turkey association council should therefore be based on the attached draft decision, has adopted this decision: article 1 the position to be adopted on the union's behalf in the eu-turkey association council as regards the amendment to protocol 2 to decision no 1/98 of the ec-turkey association council on the trade regime for agricultural products shall be based on the draft decision of the eu-turkey association council attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 11 december 2017. for the council the president s. kiisler (1) agreement establishing an association between the european economic community and turkey, signed at ankara on 12 september 1963 (oj l 361, 31.12.1977, p. 29). (2) decision no 1/98 of the ec-turkey association council of 25 february 1998 on the trade regime for agricultural products (98/223/ec) (oj l 86, 20.3.1998, p. 1). (3) additional protocol signed on 23 november 1970, annexed to the agreement establishing an association between the european economic community and turkey (oj l 361, 31.12.1977, p. 60). draft decision no of the eu-turkey association council of amending protocol 2 to decision no 1/98 on the trade regime for agricultural products the eu-turkey association council, having regard to the agreement establishing an association between the european economic community and turkey (1), having regard to the additional protocol to the agreement establishing an association between the european economic community and turkey (2), and in particular article 35 thereof, whereas, (1) decision no 1/98 of the ec-turkey association council (3) establishes the preferential regime applicable to trade in agricultural products between the union and turkey. protocol 2 to that decision contains details of the preferential regime applicable to the importation into turkey of agricultural products originating in the union, including a preferential regime for the importation of frozen bovine meat. (2) the union and turkey have held consultations and have agreed to amend the preferential regime applicable to the importation into turkey of bovine meat originating in the union, and to extend the scope of the existing tariff quota, set out in the annex to protocol 2 to decision no 1/98, to fresh and chilled bovine meat. (3) protocol 2 to decision no 1/98 of the ec-turkey association council should therefore be amended accordingly, has decided as follows: article 1 the annex to protocol 2 to decision no 1/98 is amended in accordance with the annex to this decision. article 2 this decision shall enter into force on the date of its adoption. done at , for the eu-turkey association council the president (1) oj eu l 361, 31.12.1977, p. 29. (2) oj eu l 361, 31.12.1977, p. 60. (3) decision no 1/98 of the ec-turkey association council of 25 february 1998 on the trade regime for agricultural products (98/223/ec) (oj eu l 86, 20.3.1998, p. 1). annex the entries for cn code 0202 20 in the annex to protocol 2 to decision no 1/98 are replaced by the following: cn code description reduction of the mfn duty (%) tariff quota (tonnes net weight) 0201 20 0202 20 other cuts of bovine meat, with bone in, fresh or chilled, or frozen 50 % reduction with maximum duty of 30 % 5 000 0201 20 0202 20 other cuts of bovine meat, with bone in, fresh or chilled, or frozen 30 % reduction with maximum duty of 43 % 14 100 .

name: decision (eu) 2017/2380 of the european parliament and of the council of 12 december 2017 amending directive 2010/40/eu as regards the period for adopting delegated acts (text with eea relevance. ) type: decision subject matter: communications; transport policy; information technology and data processing; land transport; organisation of transport; executive power and public service; eu institutions and european civil service; european union law date published: 2017-12-20 20.12.2017 en official journal of the european union l 340/1 decision (eu) 2017/2380 of the european parliament and of the council of 12 december 2017 amending directive 2010/40/eu as regards the period for adopting delegated acts (text with eea relevance) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 91 thereof, having regard to the proposal from the european commission, after transmission of the draft legislative act to the national parliaments, having regard to the opinion of the european economic and social committee (1), after consulting the committee of the regions, acting in accordance with the ordinary legislative procedure (2), whereas: (1) directive 2010/40/eu of the european parliament and of the council (3) provides for the development of specifications for priority actions within priority areas. (2) since the entry into force of directive 2010/40/eu, four delegated acts relating to priority actions of that directive have been adopted by the commission. they address in particular ecall and data-sharing mechanisms that facilitate electronic data exchange between the relevant public authorities and stakeholders and the relevant intelligent transport systems (its) service providers. there is a need for further delegated acts regarding actions that are still to be addressed and that fall within the scope of directive 2010/40/eu. (3) under article 12 of directive 2010/40/eu, the power conferred on the commission to adopt the delegated acts referred to in article 7 of the directive expires on 27 august 2017. (4) in order to achieve the objectives of directive 2010/40/eu, the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the specifications necessary to ensure the compatibility, interoperability and continuity for the deployment and operational use of its for the priority actions for an additional period of five years starting from 27 august 2017. this period should be tacitly extended for periods of the same duration, unless the european parliament or the council oppose such an extension. it is of particular importance that the commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making (4). in particular, to ensure equal participation in the preparation of delegated acts, the european parliament and the council receive all documents at the same time as member states' experts, and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts, have adopted this decision: article 1 directive 2010/40/eu is amended as follows: (1) article 12 is replaced by the following: article 12 exercise of the delegation 1. the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article. 2. the power to adopt delegated acts referred to in article 7 shall be conferred on the commission for a period of five years from 27 august 2017. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration, unless the european parliament or the council opposes such extension not later than three months before the end of each period. 3. the delegation of power referred to in article 7 may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. 4. before adopting a delegated act, the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making. 5. as soon as it adopts a delegated act, the commission shall notify it simultaneously to the european parliament and to the council. 6. a delegated act adopted pursuant to article 7 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if, before the expiry of that period, the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council.; (2) articles 13 and 14 are deleted; (3) in article 17, paragraph 5 is replaced by the following: 5. in accordance with the advisory procedure referred to in article 15(2), the commission shall adopt a working program by 27 february 2011. the working programme shall include objectives and dates for its implementation every year and if necessary shall propose the necessary adaptations. the commission shall update the working programme related to the actions under article 6(3) by 10 january 2019 and before each subsequent five-year extension of the power to adopt delegated acts in accordance with article 12(2). 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 strasbourg, 12 december 2017. for the european parliament the president a. tajani for the council the president m. maasikas (1) oj c 345, 13.10.2017, p. 67. (2) position of the european parliament of 15 november 2017 (not yet published in the official journal) and decision of the council of 4 december 2017. (3) directive 2010/40/eu of the european parliament and of the council of 7 july 2010 on the framework for the deployment of intelligent transport systems in the field of road transport and for interfaces with other modes of transport (oj l 207, 6.8.2010, p. 1). (4) oj l 123, 12.5.2016, p. 1.

name: council decision (eu) 2017/2389 of 5 december 2017 establishing that no effective action has been taken by romania in response to the council recommendation of 16 june 2017 type: decision subject matter: national accounts; public finance and budget policy; economic structure; monetary economics; budget; economic policy; europe date published: 2017-12-20 20.12.2017 en official journal of the european union l 340/49 council decision (eu) 2017/2389 of 5 december 2017 establishing that no effective action has been taken by romania in response to the council recommendation of 16 june 2017 the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council regulation (ec) no 1466/97 of 7 july 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular article 10(2), fourth subparagraph, thereof, having regard to the recommendation from the european commission, whereas: (1) on 16 june 2017 the council decided in accordance with article 121(4) of the treaty on the functioning of the european union (tfeu) that a significant observed deviation from the adjustment path toward the medium-term budgetary objective existed in romania. (2) in view of the established significant deviation, the council on 16 june 2017 issued a recommendation for romania to take the necessary measures to ensure that the nominal growth rate of net primary government expenditure (2) does not exceed 3,3 % in 2017, corresponding to an annual structural adjustment of 0,5 % of gdp. it recommended that romania use any windfall gains for deficit reduction, while budgetary consolidation measures should ensure a lasting improvement in the general government structural balance in a growth-friendly manner. the council established a deadline of 15 october 2017 for romania to report on action taken in response to the recommendation. (3) on 26 and 27 september 2017, the commission undertook an enhanced surveillance mission in romania for the purpose of on-site monitoring under article -11(2) of council regulation (ec) no 1466/97. after having transmitted its provisional findings to the romanian authorities for comments, the commission reported its findings to the council on 24 october 2017. these findings were subsequently made public. the commission report finds that the romanian authorities do not intend to act upon the council recommendation of 16 june 2017. the authorities stated that their target for 2017 remains a headline deficit of 3 % of gdp. given the positive and increasing output gap, this would amount to a deterioration of the structural deficit in 2017, contrary to what is set out in the council recommendation. this reflects a clearly expansionary fiscal policy. (4) on 13 october 2017, the romanian authorities submitted a report on action taken in response to the council recommendation of 16 june 2017. in the report, the authorities reiterated that their target for 2017 remains a headline deficit of 3 % of gdp. the only measure listed in the report with a significant budgetary impact in 2017 is an increase of excise duties for energy products back to their 2016 level (namely, a reversal of a previously adopted excise duties cut which entered into force in january 2017). thus, the fiscal impact of the reported measures falls significantly short of the requirement set out in the council recommendation. (5) based on the commission autumn 2017 forecast, the structural balance is set to deteriorate by 1,1 % of gdp, reaching a deficit of 3,3 % in 2017. this is the opposite of the recommended structural improvement of 0,5 % of gdp relative to 2016. the corresponding growth of net primary government expenditure amounted to 4,9 %, well above the expenditure benchmark of 3,3 %. this deterioration compared to 2016 was driven by cuts to indirect taxes, in particular to vat and excise duties, which entered into force at the beginning of the year and increases to public wages and social benefits introduced through the year. since the council recommendation of 16 june 2017, the increase of excise duties for energy products back to their 2016 level, as well as a cut in public investment in the budgetary rectification of september 2017, had a positive impact on the public deficit, although their effect was largely offset by increases to public wages also contained in the budget rectification. (6) this leads to the conclusion that the response of romania to the council recommendation of 16 june 2017 has been insufficient. the fiscal effort falls short of the annual structural adjustment of 0,5 % of gdp for 2017 which corresponds to a nominal growth rate of net primary government expenditure that does not exceed 3,3 % in 2017, has adopted this decision: article 1 romania has not taken effective action in response to the council recommendation of 16 june 2017. article 2 this decision is addressed to romania. done at brussels, 5 december 2017. for the council the president t. t niste (1) oj l 209, 2.8.1997, p. 1. (2) net government expenditure is comprised of total government expenditure excluding interest expenditure, expenditure on union programmes fully matched by union funds revenue and non-discretionary changes in unemployment benefit expenditure. nationally financed gross fixed capital formation is smoothed over a four-year period. discretionary revenue measures or revenue increases mandated by law are factored in. one-off measures on both the revenue and expenditure sides are netted out.

name: commission decision (eu) 2017/2337 of 29 may 2017 on the amounts allocated to the provision of technical support in the agricultural sector as well as to the production and marketing of quality agricultural products pursuant to the milk and fat law under state aid sa.35484 (2013/c) (ex sa.35484 (2012/nn)) (notified under document c(2017) 3487) type: decision subject matter: agri-foodstuffs; economic policy; cooperation policy; regions of eu member states; competition; europe; agricultural policy; economic structure date published: 2017-12-19 19.12.2017 en official journal of the european union l 339/50 commission decision (eu) 2017/2337 of 29 may 2017 on the amounts allocated to the provision of technical support in the agricultural sector as well as to the production and marketing of quality agricultural products pursuant to the milk and fat law under state aid sa.35484 (2013/c) (ex sa.35484 (2012/nn)) (notified under document c(2017) 3487) (only the german text is authentic) 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 called on interested parties to submit their comments pursuant to the provision cited above and having regard to their comments, whereas: 1. procedure (1) by letters dated 28 november 2011 and 27 february 2012, the european commission (hereinafter: the commission) asked germany for additional information concerning the 2010 annual report on state aid in the agricultural sector, which germany had submitted in accordance with article 21(1) of council regulation (ec) no 659/1999 (2), now article 26(1) of council regulation (eu) 2015/1589 (3). germany answered the commission's questions by letters dated 16 january 2012 and 27 april 2012. in the light of germany's answers, it emerged that germany had granted financial support to the german dairy sector pursuant to the 1952 milk and fat law (gesetz ber den verkehr mit milch, milcherzeugnissen und fetten, hereinafter: the mfg). (2) by letter dated 2 october 2012, the commission informed germany that the measures in question had been registered as non-notified aid under registration number sa.35484 (2012/nn). by letters dated 16 november 2012, 7, 8, 11, 13, 14, 15 and 19 february, 21 march, 8 april, 28 may, 10 and 25 june and 2 july 2013, germany submitted further information. (3) by letter of 17 july 2013 (c(2013) 4457 final) (hereinafter the opening decision), the commission informed germany that it had decided to initiate the procedure laid down in article 108(2) tfeu in respect of this aid. for the purposes of investigating the sub-measures in question as regards their compatibility with the internal market, the commission distinguished between two separate periods: 1. period from 28 november 2001 to 31 december 2006; 2. period from 1 january 2007. (4) in its opening decision, the commission found for several of the sub-measures under the mfg either that they did not constitute state aid within the meaning of article 107(1) tfeu or that they did constitute state aid but fell outside the scope of state aid rules. (5) for other sub-measures, the commission found that they were compatible with the internal market either for the period from 28 november 2001 to 31 december 2006 or for the period from 1 january 2007 or for both periods. (6) for all other sub-measures, including sub-measures underlying this decision on the provision of technical support in the agricultural sector as well as state aid granted for the production and marketing of quality agricultural products, the commission raised doubts in the opening decision as to their compatibility with the internal market. (7) after a number of mistakes in the opening decision were discovered, a correction was sent to the german authorities by letter dated 16 december 2013. (8) the corrected opening decision was published in the official journal of the european union (4). the commission invited interested parties to submit their comments within one month. (9) by letter dated 20 september 2013, germany submitted comments concerning the opening decision. (10) the commission received 19 sets of comments from interested parties. one of these parties asked the commission not to disclose its identity and gave sound reasons for this. a total of ten sets of comments, but not the ones referred to in the previous sentence, referred to the sub-measures at issue for the provision of technical support in the agricultural sector as well as state aid granted for the production and marketing of quality agricultural products. (11) these comments were transmitted to germany by letters of 27 february, 3 march and 3 october 2014. (12) by a letter dated 21 march 2014, germany informed the commission that it would not be responding to the aforementioned comments submitted by interested parties. (13) by letter dated 31 march 2014, germany submitted to the commission a comment made by bavaria regarding the comments made by the party whose identity was not disclosed (see recital 10). (14) germany did not initially respond to the comments submitted by interested parties in february 2014. germany responded to an additional opinion dated 8 july 2014 by letter dated 3 december 2014. (15) the commission requested further information from germany by letter of 13 november 2014. germany answered the commission's questions by letter dated 27 february 2015. (16) on 30 june 2016, the federal ministry of food and agriculture submitted additional information on sub-measure rp 2. (17) the commission again requested further information from germany by letter of 15 november 2016. after requesting an extension of the deadline set by the commission to reply to the letter, germany answered the commission's questions by letter dated 13 january 2017. 2. description of the measures and comments by the german authorities (18) in the following description, we will discuss the sub-measures under the aid granted for the provision of technical support in the agricultural sector as well as state aid earmarked for the production and marketing of quality agricultural products pursuant to the mfg, about which the commission expressed doubts as to their compatibility with the internal market. specifically, the following sub-measures are discussed (in the following text, the specific sub-measures will be referred to according to the classification in the annex of the opening decision): by 3, by 10, bw 4, bb 1, bb 3, he 2, he 3, he 9, ni 5, ni 6, ni 7, nw 4, nw 5, nw 6, rp 1, rp 5, sl 2, sl 5, th 3, th 4, th 9, th 10 (technical support for the period 2001-2006); rp 2 (technical support for the period from 2007); bw 10, bw 11, ni 1 and th5 (quality products for the period 2001-2006). legal basis (19) the mfg is a federal law which entered into force in 1952 and has since been amended several times (5). it is the law underlying the aid measures at issue, and its validity is unlimited in time. (20) section 22(1) of the mfg authorises the german federal states (hereinafter: l nder) to impose a milk levy on dairies based on the quantities of delivered milk. according to the information made available by germany, nine (out of sixteen) german l nder made use of this authorisation, i.e. baden-w rttemberg, bavaria, brandenburg, hessen, lower saxony, north rhine-westphalia, rhineland-palatinate, saarland and thuringia. the levies imposed by the l nder amount to up to eur 0,0015 per kg of milk. (21) germany has demonstrated that the milk levy is not applicable to imports. by contrast, exports may be subject to the milk levy. (22) section 22(2) of the mfg provides that the revenues obtained from the milk levy may be used solely for: 1. improving and sustaining quality on the basis of certain implementing provisions; 2. improving hygiene during milking and the delivery, processing and distribution of milk and milk products; 3. milk yield recording; 4. advice to operators on matters relating to the dairy industry and ongoing training of young employees; 5. advertising aimed at increasing the consumption of milk and milk products; 6. performance of the tasks conferred by the mfg. (23) section 22(2a) of the mfg provides that, by derogation from paragraph 2, the revenues generated pursuant to paragraph 1 may also be used to: 1. reduce increased structural collection costs in respect of the supply of milk and cream from the producer to the dairy. 2. reduce increased transport costs in respect of the supply of milk between dairies where such supply is necessary to ensure the supply of drinking milk to the recipient dairy's sales area, and 3. improve quality regarding the central distribution of milk products. (24) section 22(4) of the mfg provides that contributions and fees paid by dairies or their associations to establishments in the dairy industry for the purposes set out in paragraph 2 may be offset in full or in part by the revenues generated by the milk levy. (25) whilst the mfg sets the framework, it is the implementing regulations issued by the l nder on the basis of the mfg that provide the actual legal basis for the measures in question. financing (26) by letter of 13 january 2017, the german authorities confirmed that the measures referred to in this decision were financed exclusively from the milk levy and that no additional funds from l nder budgets were used. 2.1. provision of technical support in the agricultural sector (27) between 2001 and 2006, baden-wuerttemberg, bavaria, brandenburg, hessen, lower saxony, north rhine-westphalia, rhineland-palatinate, saarland and thuringia granted financial support for measures aimed at the provision of technical support in the agricultural sector (sub-measures by 3, by 10, bw 4, bb 1, bb 3, he 2, he 3, he 9, ni 5, ni 6, ni 7, nw 4, nw 5, nw 6, rp 1, rp 5, sl 2, sl 5, th 3, th 4, th 9 and th 10). (28) from 2007, rhineland-palatinate granted financial support for one measure aimed at the provision of technical support in the agricultural sector (rp 2). (29) between 2001 and 2011, the total budgetary resources provided (all l nder combined) amounted to a total of eur 23,7 million. (30) the financial assistance is provided for general information measures which benefit all operators in the dairy sector. these measures are aimed at the use of milk and dairy products in general, are limited to providing information about the objective characteristics of milk, do not include subjective claims about the benefits of certain products of one or more companies and do not constitute advertising. only general measures that equally benefit all producers in the milk sector are financed. individual producers or the origin of the milk are not named. no direct payments are made to processing and marketing companies (with the exception of measure rp 2). (31) aid intensity of the measures is up to 100 % of eligible costs, except where otherwise indicated. technical support in the period 2001-2006 by 3 (32) bavaria granted financial support for the collection of general factual and technical information regarding milk production as well as for the publication and provision of general information on dairy topics (for example, milk production on farms). costs associated with the dissemination of scientific knowledge in a generally comprehensible manner (through publications and presentations) and the preparation of factual information on quality systems, which are made available to dairy farmers in bavaria and the interested public, were also subsidised. the measures were carried out by the association of dairy producers (verband der milcherzeuger e.v. vmb). (33) in its communication of 20 september 2013 (6), germany argued that, upon further review, the measure by 3 did not constitute state aid, since it contained no specific benefits for individual companies. even if it were considered a form of aid, the existing aid is protected under grandfathering. in the alternative, it was argued that the aid was compatible with the internal market. (34) moreover, the measures concerned were compatible with the internal market regardless of the evidence that the funds were used for the dissemination of new methods. article 15(2)(e) of commission regulation (ec) no 1857/2006 (7) and the 2007-2013 guidelines (8) waive this requirement (dissemination of new methodologies). instead, the decisive factor is disseminating scientific findings. this is also applicable to the 2000-2006 period, since no circumstances that would have warranted more stringent criteria existed at that time. (35) germany argued that the measure was not confined to a particular group, but that the whole dairy sector was supported in a general way and no more than eur 100 000 was spent per beneficiary within three years. (36) according to the german authorities, the beneficiaries of this measure were farmers, producer groups, the general public and smes. (37) according to the communication issued by german authorities on 27 february 2015, the annual expenditure on operations for measures by 3 and by 10 for the period 2001-2006 was in the range of eur 471 986-eur 518 057. considering the number of milk producers and dairy plants (47 287-56 755) over the same period, a yearly amount of between eur 9,13 and eur 10,46 was spent per beneficiary (milk suppliers and dairies). by 10 (38) bavaria granted the milchwirtschaftliche untersuchungs- und versuchsanstalt (muva) kempten financial support for the exchange between different actors (research institutes and authorities) of information related to milk as a raw material. (39) in its communication of 20 september 2013, germany argued (9) that measure by 10 did not constitute state aid, since it was not aimed at a transfer of information from muva to milk producers or dairy plants. however, even if it were considered a form of aid, the existing aid was protected under grandfathering. in the alternative, it was argued that the aid was compatible with the internal market. (40) in the same communication (10), germany argued that the beneficiaries of the measure were predominantly the authorities. (41) in its comments dated 27 february 2015, germany estimated the total annual expenditure related to measures by 3 and by 10 at eur 471 986-518 057 (see paragraph 37). bw 4 (42) baden-w rttemberg granted financial support for general public relations activities and consumer information related to milk and milk products. this measure referred to the following, among others: (a) consumer information on the nutritional value and the general properties of dairy products; (b) general information on labelling rules or quality criteria of milk and milk products; (c) provision of speakers or information stands with regard to the above mentioned topics for consumer events (e.g. international day of milk); (d) running or participating in training and scientific conferences on the subject of dietary milk and dairy products; (e) organisation of events and the comprehensive presentation of the dairy industry at fairs (landwirtschaftliches hauptfest). (43) the measure was coordinated by the milchwirtschaftlicher verein baden-w rttemberg (mvbw). the technical implementation of the measure was carried out by the mvbw itself or by third parties commissioned by it. (44) in its comments dated 20 september 2013 (11), germany upheld its view that the measure did not constitute state aid because no individual undertakings or branches of production were favoured. (45) in the alternative, it was argued (12) that the measures materially complied with the requirements of the community guidelines applicable at the time, and could be considered fundamentally as a form of provision of technical assistance in accordance with point 14.1 of the community guidelines for state aid in the agriculture sector (13) (hereinafter: the 2000-2006 guidelines). the measures serve the general and wide dissemination of current scientific knowledge of the properties of milk and dairy products. (46) according to germany, the allgemeine ffentlichkeitsarbeit (general public relations activities) measures were not limited to a particular group, but supported the entire dairy sector in a general manner. thus the conditions indicated in point 14.2 of the guidelines have been observed. point 14.3 of the 2000-2006 guidelines stated that state aid may cover up to 100 % of the costs. the level of aid was lower than the limit of eur 100 000 per beneficiary for a three-year period laid down in point 14.3. bb 1 (47) brandenburg sponsored training and education costs under the measure improving hygiene. areas of focus included animal health, improvement of milk hygiene and the quality of raw milk as well as analysis of performance issues. the measure was implemented by the landeskontrollverband brandenburg (lkvb). the maximum support rate did not exceed 60 % of eligible costs. (48) in its communication of 20 september 2013, germany argued (14) that the measure verbesserung der hygiene (improving hygiene) for the period 2001-2006 was compatible with the internal market. the consultancy services on offer were not limited to a particular group, but were made available to all milk producers in brandenburg. individual businesses were not favoured. the measure, it was argued, corresponded to the third indent of point 13.2 of the 2000-2006 guidelines, i.e. the costs of training personnel to apply quality assurance systems. (49) in their communication of 27 february 2015, the german authorities confirmed that, in principle, all milk producers in the federal state had access to the consultancy services (complex and special consultancy) in question. germany argued that the grants provided for part funding were fixed amounts of eur 161,19 per farm in case of complex consultancy or eur 144,62 per farm in case of special consultancy. thus the upper limit of eur 100 000 per company per three-year period could not be exceeded. according to the german authorities, the specified values were calculated for the year 2006, but other years' values were of a similar order. germany also claimed that the final beneficiaries (dairy plants & milk producers) were smes. bb 3 (50) by the end of 2007, brandenburg had funded the provision of information on economic issues and the dissemination of newly acquired information and knowledge in industry issues related to the milk law, dairy policy, milk production and milk quality, animal feeding and husbandry, promotion, protection from animal diseases, etc. no advice or training was provided to individual persons. the measure was delegated to the landesvereinigung der milchwirtschaft brandenburg-berlin e. v. (lvmb) and the landesbauernverband brandenburg e.v. (lbv). (51) in its comments dated 20 september 2013 (15), germany claimed that the abovementioned measure was compatible with the internal market. the measure was carried out in accordance with the 2000-2006 guidelines, as a form of technical assistance pursuant to point 14.1. the purpose of the measure was to improve the efficiency and professionalism of agriculture in the community, thus contributing to the long-term economic viability of the sector. (52) state-wide milking and quality competitions organised by the lvmb were carried out in accordance with the fourth indent of point 14.1 as veranstaltung von wettbewerben (organisation of competitions). (53) in its comments dated 27 february 2015, germany argued that the brandenburg companies that won competitions at the international green week (igw) were distinguished and thus became known to a larger share of the general public. for this purpose, around eur 463 provided to lvmb from milk levies was spent in 2006 (16). (54) lbv organised consulting services through their milk consultants, available for all stakeholders of the dairy industry, within the framework of the project milcherzeugerberatung (milk producer consultancy). funding was provided as co-financing from the milk levies, as part of the project funding. according to the documents submitted, lbv received a grant from the regional government amounting to eur 20 000 for this purpose in 2006. according to the german authorities, the procedures in previous years were similar. (55) state aid was not restricted to selected groups. all persons concerned in the relevant sector of the milk industry had an equal opportunity to participate in the professional competitions. therefore, the conditions laid down in point 14.2 of the 2000-2006 guidelines were satisfied. he 2 (56) hessen granted financial support to the landesvereinigung f r milch und milcherzeugnisse hessen e.v. (lvmh) for the measure fortbildung f r erzeuger durch das innovationsteam (training for producers by the innovation team). under this measure, the innovation team of lvmh prepared scientific information in the context of specialist articles and training. these included the collection and bundling of information and sharing of knowledge through scientific articles as well as training for farmers and farm workers. (57) germany claimed that the effects on competition were low (17). therefore, the aid could be granted up to a maximum rate of 100 % to cover the cost of accurately described activities, in particular training and education. the eligible costs could include the actual cost of organising the training programme, travel and subsistence expenses together with the cost of the provision of replacement services during the absence of the farmer or the farm worker. this case relates to training for farmers on the abovementioned subjects and thus the requirements laid down in point 14.1 of the 2000-2006 guidelines were satisfied. (58) the requirements laid down in point 14.2 were also satisfied as all natural and legal persons in the area concerned had, in principle, an opportunity to participate in the training, based on objectively defined criteria. the maximum allowable limit of eur 100 000 was not exceeded as around eur 125 was paid in aid per beneficiary over three years, in accordance with the criteria laid down in point 14.3. he 3 (59) hessen granted financial support for public relations activities aimed at educating consumers on milk and milk products, including their nutritional values and uses. the nutrition team of lvmh disseminated scientific knowledge in a generally understandable form, organised information events and campaigns (not directed to specific businesses), and conducted pr activities in the form of flyers, brochures, handouts, recipes or posters related to the production, treatment and processing of milk and dairy products. (60) in its comments dated 20 september 2013 (18), germany claimed that measure he 3 did not constitute a state aid because no individual undertakings or branches of production were favoured. the measure constituted pure consumer education. in the alternative, germany argued that the aid was compatible with the internal market. (61) if the measure were classified as state aid, contrary to the view expressed by germany, it would, in any event, have been in accordance with the decision-making practice prevailing at the time and therefore be regarded as materially legitimate. the measure was not limited to a particular group, but supported the entire dairy sector in a general manner. thus the conditions indicated in point 14.2 of the 2000-2006 guidelines were observed. point 14.3 of the 2000-2006 guidelines stated that state aid may cover up to 100 % of the costs. the actual amount of the grants was well below the applicable threshold of eur 100 000 per beneficiary within three years (point 14.3 of the 2000-2006 guidelines). in the period 2001-2006, there were about 6 000 active dairy farmers in hessen, giving rise to an average grant amount of about eur 170 per beneficiary in the period in question. he 9 (62) hessen granted financial assistance to the lvmh for the measure training of young dairy farmers. the purpose of this measure was to improve the skills of young dairy farmers. the eligible costs included the actual cost of organising the training programme, travel and subsistence expenses together with the cost of the provision of a replacement during the absence of the farmer or the farm worker. (63) in its comments dated 20 september 2013 (19), germany claimed that the impact on competition was low. therefore, such aid could be granted up to a maximum rate of 100 % to cover the cost of accurately described activities, in particular training and education. the described measure could be classified under point 14.1 of the 2000-2006 guidelines, as it ultimately constituted the education and training assistance described therein. (64) the measure included classical training in the dairy sector which was in principle open to all producers, thus satisfying the requirements laid down in point 14.2 of the 2000-2006 guidelines. aid covering up to 100 % of the costs is therefore permitted in those cases. the total amount of aid granted in the period 2001-2006 was about eur 35 000, not exceeding the upper threshold of eur 100 000 per beneficiary per three-year period (see point 14.3 of the 2000-2006 guidelines). ni 5 (65) lower saxony granted the landesvereinigung der milchwirtschaft niedersachsen e.v. (lvmn) financial support for participation in fairs and exhibitions and for the preparation of scientific information in a readily comprehensible form. in this context, subsidised costs included rent and equipment for exhibition premises as well as the cost of publication of factual information (brochures, recipes etc.) on milk and dairy products, including their nutritional values and uses, and on milk production in lower saxony. the measure was coordinated by the lvmn. the technical implementation of the measure was carried out by the association itself or by third parties commissioned by it. (66) in its comments dated 20 september 2013 (20), germany argued that the measure was governed by the fourth indent (organisation of competitions, exhibitions and fairs) of point 14.1. of the 2000-2006 guidelines. the main component of the measure was subsidising the exhibition stand of the lvmn. in this respect, the aid measure was considered acceptable and compatible with eu law, in germany's opinion, if it additionally fulfilled the requirements contained in points 14.2 and 14.3. (67) lower saxony expressed the view that the relevant requirements were satisfied, since all dairy farms had benefited from the measure (2001-2006 average: around 17 500 farms). this was achieved, on the one hand, by ensuring that all dairy farms had access to the measure (point 14.2 of the 2000-2006 guidelines) and by ensuring that the aid did not exceed eur 100 000 per beneficiary within 3 years (point 14.3 of the 2000-2006 guidelines). ni 6 (2001-2003) (68) lower saxony also granted financial support for the participation of processing undertakings in fairs. germany claimed that the aid granted in the period between 2001-2006 was in accordance with the requirements contained in point 14.1 of the 2000-2006 guidelines. from 26 november 2003, the measure was based on approved state aid no 200/2003, which was in force until 31 december 2008, with a maximum aid intensity of 50 % or a maximum aid amount of eur 70 000 per beneficiary over a three-year period. (69) in its comments of 20 september 2013 (21), germany argued that the measure provided aid only to enterprises active in processing and marketing (dairy plants) for their participation in fairs and exhibitions. that being the case, the evaluation of this measure was not governed by the fifth indent of point 14.1 (as assumed in the opening decision of the commission), but by the fourth indent of point 14.1. based on this, aid granted in the period 2001-2003 was regarded as compatible with the internal market. (70) in their comments dated 27 february 2015, the german authorities warrant that measure ni 6 was open to all companies active in the area of processing and marketing of dairy products in the relevant period (1 january 2002-26 november 2003 (22)) and was awarded according to objective criteria. moreover, the measure was independent from membership in producer or other agricultural organisations. (71) according to the same comments, the maximum aid intensity for this measure was 48 %. only one company (nordmilch eg) received a total amount of aid in excess of eur 100 000 under the measure in the period in question. according to the german authorities, nordmilch eg did not fall within the definition of an sme. they were therefore looking into recovering this individual aid. ni 7 (72) lower saxony granted financial support for general consumer information campaigns on the use of milk as a foodstuff. the beneficiary was the lvmn, on whose behalf the information material was created. (73) in its comments dated 20 september 2013 (23), germany claimed that the measure general public relations activities did not constitute a state aid because no individual undertakings or branches of production were favoured. (74) germany argued (24) that the measure materially complied with the requirements of the guidelines applicable at the time and could essentially be considered as provision of technical assistance in accordance with point 14.1 of the 2000-2006 guidelines, as its purpose was the general dissemination of scientific knowledge and information about the properties of milk and dairy products. (75) according to germany, the measure was not limited to a particular group, but supported the entire dairy sector in a general manner. as a consequence, the conditions laid down in point 14.2 of the 2000-2006 guidelines were met. (76) according to germany, the amount of aid granted was well below the upper threshold of eur 100 000 per beneficiary within three years, laid down in point 14.3. considering an average of about 17 500 milk producers in lower saxony in the period indicated above and a total amount of approximately eur 6,9 million earmarked for measure ni 7 in the entire period, around eur 395 of aid was paid per beneficiary. nw 4 and nw 5 (77) north rhine-westphalia granted financial support for informative events and measures to raise general awareness amongst consumers and measures regarding the use of milk and dairy products and their general characteristics (sub-measure nw 4). the grant recipients were landesvereinigung der milchwirtschaft nordrhein-westfalen e.v. (lvmnrw) and landwirtschaftsverb nde rheinland und westfalen-lippe. (78) north rhine-westphalia granted further financial support for events related to the exchange of knowledge between milk producers on dairy industry issues (sub-measure nw 5). (79) the costs of event organisation and management, consultation, education and training related to issues of the dairy industry were subsidised. aid intensity amounted to up to 30 %. (80) in its comments dated 20 september 2013 (25), germany argued that no favouring of individual companies or sectors occurred under measures nw 4 and nw 5 since they were aimed at the general public. as a consequence, these measures cannot be considered as a form of technical assistance. in addition to that, the potential benefits of both measures lacked substantive and geographic selectivity. (81) in their comments of 27 february 2015, the german authorities estimate the range of total annual expenditure under measure nw 4 in the period 2001-2006 to be between eur 335 200 and eur 497 800. with some 10 000 businesses holding dairy cattle over the same period, an annual amount between eur 33,52 and eur 49,78 was earmarked per beneficiary. under measure nw 5, annual expenditure of eur 14 000 works out at around eur 1,40 per beneficiary per year. nw 6 (82) north rhine-westphalia granted financial support for the collection of relevant data that contributed to market transparency. costs incurred by the vereinigung der milchindustrie lvmnrw during the collection, analysis and publication of relevant data related to the dairy market were eligible for funding. the results were made public in the form of notices and market reports and were available free of charge to everyone. they contributed to the transparency of the market and promoted the sharing of factual and scientific information and knowledge between different businesses in the dairy sector. (83) in its comments of 20 september 2013 (26), germany claimed that the measure was not substantively or geographically selective. in the alternative, germany argued that the compatibility requirements of the guidelines had been met. (84) the beneficiaries were farmers, producer groups and all stakeholders in the dairy sector (27). (85) in its comments of 27 february 2015, germany estimates the range of total annual expenditure under measure nw 6 in the period 2001-2006 to be between eur 139 400 and eur 155 900. with some 10 000 businesses holding dairy cattle over the same period, an annual amount between eur 13,94 and 15,59 was earmarked per beneficiary. rp 1 and sl 2 (86) rhineland-palatinate and saarland granted financial support for the dissemination of consumer information, including scientific knowledge in a generally understandable form, generic factual information on products, their nutritional benefits and suggested uses. costs of participation in fairs and exhibitions, travel expenses, publication costs, rent paid for exhibition spaces, symbolic prizes worth up to eur 250 per prize and winner were eligible for funding. (87) promotional activities (28) or measures aimed at the products of particular companies were excluded from funding. the coordination and technical implementation of the measure was carried out by milchwirtschaftliche arbeitsgemeinschaft rheinland-pfalz e.v. (milag) and the landesvereinigung der milchwirtschaft des saarlandes e.v. (lvms). (88) in its comments dated 20 september 2013 (29), germany claimed that these measures did not constitute state aid because no individual undertakings or branches of production were favoured. according to the german position, these measures constitute pure consumer education. in the alternative, germany argued that the aid was compatible with the internal market. point 8 of the community guidelines on state aid for advertising of agricultural produce specified the measures which were considered a form of technical aid in the agricultural sector within the meaning of point 14 of the 2000-2006 guidelines. (89) the decision-making practice of the commission in the period 2000-2006 across several product areas and member states indicated that the introduction of measures which were comparable with the measures at issue here was considered to be materially legal and approvable by the commission in the abovementioned period. (90) germany added that even if they were classified as state aid contrary to the opinion of germany, measures rp 1 and sl 2 were at least in accordance with the former decision-making practice and could therefore be regarded as materially legitimate. according to germany, the general public relations activities measures were not limited to a particular group, but supported the entire dairy sector in a general manner. as a consequence, the conditions laid down in point 14.2 of the 2000-2006 guidelines were met. in accordance with point 14.3, the subsidies could cover up to 100 % of the costs. (91) in its communication of 27 february 2015, germany argued that state aid granted over a period of three years under the ceiling of eur 100 000 per beneficiary amounted to a sum between eur 46 and eur 73 per year per beneficiary (30). rp 5 and sl 5 (92) rhineland-palatinate and saarland granted financial support for consulting and training programmes for milk producers to improve the hygiene of milking equipment and the quality of the delivered milk (sub-measures rp 5 and sl 5). proven consultancy costs were subsidised up to a maximum of eur 75 000 per year in rhineland-palatinate and up to eur 15 000 per year in the saarland. ongoing advisory services were excluded from the subsidy. the coordination and the technical implementation of these measures was carried out by the landeskontrollverband rheinland-pfalz e.v. (lkvrp) and the lvms. (93) in its comments of 20 september 2013 (31), germany claimed that the special consultancy on milking technology and the measures for the improvement of the quality of raw milk in rhineland-palatinate and saarland were compatible with the internal market in the period of 2001-2006. (94) the aim of the measures was to offer specialist consulting in the field of milk technology and provide related advice and training for milk producers chosen on an ad hoc basis after problems (such as increased somatic cells) have been identified in the context of quality inspections of the delivered milk, with the involvement of veterinarians to improve udder health and thus the quality of raw milk. any milk producer in rhineland-palatinate or saarland could have benefited from this offer. membership in lkvrp or lvms was not necessary. consulting services that were ongoing or were called upon at regular intervals (such as tax and legal advice or advertising) were not eligible for funding. (95) germany argues that it thus constitutes a subsidised service. no direct payments were made to farmers. (96) according to the views expressed by rhineland-palatinate, consulting assistance pursuant to the third indent of point 14.1 of the 2000-2006 guidelines is not dependent on the dissemination of new methodologies. such an obligation unquestionably applies to the promotion of other activities for the dissemination of new methods, in accordance with the fifth indent of point 14.1 of the 2000-2006 guidelines. in addition, consulting services that were ongoing or were called upon at regular intervals were expressly excluded from funding under this measure. (97) the conditions laid down in points 14.2 and 14.3 of the 2000-2006 guidelines are fulfilled, according to the views expressed by germany, since membership of lkvrp or the service provider is not necessary. (98) germany gave assurances that the total aid amount of eur 100 000 per beneficiary over a period of three years was not exceeded. about 300 milk producers were advised in rhineland-palatinate per year and about 100 in saarland. given an annual appropriation of about eur 59 000 in rhineland-palatinate and about eur 13 000 in saarland, the average funding per beneficiary is around eur 197 in rhineland-palatinate and eur 130 in saarland. (99) the beneficiaries were farmers (smes) and producer associations. th 3 and th 4 (100) thuringia granted financial support for landesvereinigung th ringer milch e.v. (lvtm) for the participation at trade and consumer exhibitions (gr ne tage th ringen) and the organisation of conferences with the purpose of disseminating scientific information (th ringer milchtag) (sub-measure th 3). (101) in addition, the publication of factual information about producers from the region was also subsidised (general public relations, international day of milk and th ringer milchk nigin) (sub-measure th 4). (102) material and personnel costs were both eligible for aid. the beneficiary was lvtm. (103) in its comments of 20 september 2013 (32), germany argued that measure th 3 should be considered compatible with the internal market (point 14.1 of the 2000-2006 guidelines). its purpose was to improve the efficiency and professionalism of agriculture in the community, thus contributing to the long-term economic viability of the sector. (104) the organisation of conferences for the dissemination of scientific information (e.g. th ringer milchtag) is governed by the third indent, consulting fees, of point 14.1 of the 2000-2006 guidelines. participation in trade shows and consumer exhibitions representing the thuringian dairy industry (e.g. gr ne tage th ringen) was governed by the fourth indent of point 14.1, organisation of competitions, exhibitions and fairs. (105) germany argued that the measure was not limited to a particular group, but served to support the entire dairy sector in a general manner (see point 14.2 of the 2000-2006 guidelines). earmarked aid did not exceed eur 100 000 per beneficiary over a three-year period. (106) in its comments dated 20 september 2013 (33), germany also argued that measure th 4 focused on general public relations. its purpose was the broad dissemination of up-to-date scientific findings related to the properties of milk and dairy products and therefore constituted a form of technical assistance within the meaning of point 14.1 of the 2000-2006 guidelines. the activities of the landesvereinigung th ringer milch e.v. could be classified as consulting fees under the scope of the third indent of point 14.1 of the 2000-2006 guidelines. (107) spending on stands and consumer campaigns at trade fairs could be assigned under the fourth indent of point 14.1 of the 2000-2006 guidelines (organisation of competitions, exhibitions and fairs). multiplier events disseminating new methods and findings could be assigned under the fifth indent (other activities for the dissemination of new methods). (108) the measure as a whole was not limited to a particular group, but benefited the entire dairy sector in a general manner (point 14.2 of the 2000-2006 guidelines). (109) the amount of aid granted per beneficiary did not exceed eur 100 000 over a period of three years. th 9 and th 10 (110) thuringia granted financial support for the training of employees in dairy farms (sub-measure th 9) and for the promotion of professional competitions (sub-measure th 10). (111) the training courses were aimed at workers on dairy farms and aimed at improving the skills of agricultural workers (certificate of competence in milking). the measure was coordinated by the verein landvolksbildung th ringen (vlt). (112) the second measure funded the organisation of professional competitions in the fields of breeding and milking. the competitions were organised by th ringer landjugendverband e.v. (tljv) and th ringer melkergemeinschaft e.v. (tmg). as part of the measure, the preparation and running of competitions and participation in transregional competitions were subsidised. (113) in its comments of 20 september 2013 (34), germany claimed that training under sub-measure th 9 was aimed at employees working at dairy cow farms. training was carried out by verein landvolkbildung th ringen. payments were to be classified as a service fee paid to the association in return for services actually provided, calculated and reimbursed at market rates. (114) germany thus maintained its view that the state aid conditions pursuant to article 107 tfeu are not met. state aid conditions pursuant to article 107 tfeu were similarly not met with regard to the training offer to employees either, since the payments were not company-specific. (115) in the alternative, it was argued that the requirements laid down in point 14 of the 2000-2006 guidelines for this measure were satisfied. this case relates to training for farmers on the abovementioned subjects and thus the requirements laid down in the first indent of point 14.1 were satisfied. all persons who were active in the area concerned had the opportunity to participate in further training of the type described above, on the basis of objectively defined criteria. therefore, the conditions laid down in point 14.2 of the 2000-2006 guidelines were satisfied. the maximum allowable limit of eur 100 000 per beneficiary per three-year period was not exceeded (point 14.3). rather, the cumulative amount of aid under this sub-measure did not exceed eur 100 000 over three years. (116) in its comments of 20 september 2013 (35), germany also argued in connection with sub-measure th 10 that the organisation and running of professional competitions in the fields of animal breeding and milk production had been financed under this measure. the competitions were organised by tljv and tmg. the organisers received standard market-calculated fees for the organisation and execution of, or participation in, transregional events. (117) as the payments are considered service fees to be offset against equivalent expenses, there was no favourable treatment and hence no legal relevance with respect to state aid. (118) in the alternative, it was argued that the requirements laid down in the fourth indent of point 14 of the 2000-2006 guidelines for this measure were satisfied. state aid was not restricted to selected groups. all persons who were active in the area concerned had the opportunity to participate in professional competitions of the type described above, on the basis of objectively defined criteria. therefore, the conditions laid down in point 14.2 of the 2000-2006 guidelines were satisfied. the maximum allowable limit of eur 100 000 per beneficiary per three-year period laid down in point 14.3 of the guidelines was not exceeded. rather, the cumulative amount of aid under this sub-measure did not exceed eur 100 000 over three years. technical assistance from 2007 onwards rp 2 (119) rhineland-palatinate granted financial support to processing and marketing companies for their participation in events to share knowledge between businesses, competitions, exhibitions and fairs (sub-measure rp 2). this support was not limited to the first participation of an undertaking in a particular fair or exhibition. aid intensity was limited to 10 % of proven costs, but not more than eur 5 200 per business and event. (120) according to point 105 of the community guidelines for state aid in the agriculture and forestry sector 2007 to 2013 (36) (hereinafter the 2007-2013 guidelines), state aid for the provision of technical support granted to companies active in the processing and marketing of agricultural products must fulfil all the conditions of article 5 of commission regulation (ec) no 70/2001 (37), subsequently replaced by article 27(3) of commission regulation (ec) no 800/2008 (38). according to those rules, the aid intensity must not exceed 50 % of the eligible costs. the eligible costs shall be the costs incurred for renting, setting up and running the stand for the first participation of an undertaking in any particular fair or exhibition. point 106 of the 2007-2013 guidelines provides that state aid towards the cost covered by points 104 and 105 may not be granted to large companies. (121) since germany did not prove that any of the above conditions laid down for technical assistance had been satisfied in relation to this measure, the commission expressed doubts in the opening decision as to its compatibility with the internal market. the opening decision invited germany to provide a full assessment of the respective measures in the light of the above criteria and to provide appropriate documentation substantiating its answers (39). (122) in its comments dated 20 september 2013 (40), germany explained that rhineland-palatinate would address the concerns of the commission and amend the eligibility rules for future subsidies such that only the first participation of an undertaking in a particular fair or exhibition could be subsidised. germany argued that the requirements laid down in section iv.k of the 2007-2013 guidelines in connection with article 15(2) of regulation (ec) no 1857/2006 (41) were thus fulfilled. (123) the funded projects were re-evaluated by the german authorities having regard to this additional requirement. in individual years, the following payments were made in relation to the repeated participation of an enterprise in a particular fair or exhibition. year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 number 2 2 1 1 2 1 2 3 3 6 amount in eur 5 113 5 113 10 226 5 113 10 226 5 113 10 226 5 113 2 500 1 764 (124) on 30 june 2016, the federal ministry of food and agriculture informed the commission (see paragraph 16) that measure rp 2 was not limited to smes in the period from 2007 onwards. the two undertakings hochwald foods gmbh and muh arla eg had also received aid under this measure. (125) in its comments dated 13 january 2017, germany stated that the eligible costs for the sub-measure in question in the period from 2007 onwards had related exclusively to setting up an exhibition stand. no additional costs had been subsidised during this period. 2.2. state aid for improving the quality of delivered milk (2001-2006) (126) baden-w rttemberg, lower saxony and thuringia (sub-measures bw 10, bw 11, ni 1 and th 5) granted financial support for improving the quality of the delivered milk through advice and training of dairy producers, the compilation and updating of databases and checks of dairy producers, parallel with the introduction of the quality management qm milk quality assurance systems (42). the aim of the measures was to improve the quality of delivered milk. neither the training of inspectors with the purpose of obtaining specialised knowledge nor the accreditation of approved laboratories were subsidised. (127) the final beneficiaries of these sub-measures were milk-producing agricultural smes in the primary sector. according to germany, the aid was available to all the farmers in the area concerned who were eligible based on objectively defined conditions (43). (128) between 2001 and 2011, the expended budget (all l nder combined) amounted to eur 3,3 million. (129) according to information provided by the german authorities, aid intensity was a maximum of 100 % of eligible costs in the years 2001-2011. the german authorities stated that the financing of the measure had expired on 31 december 2012 in baden-w rttemberg and was limited until 31 december 2014 in lower saxony and thuringia. (130) in the opening decision, germany was requested to provide a detailed assessment according to the 2000-2006 guidelines (in particular point 13.2: maximum 50 % of eligible costs or eur 100 000 per beneficiary over a period of three years, whichever is the greater) (44). bw 10 and bw 11 (131) in its comments of 20 september 2013 (45), germany stated that these measures were implemented by milchpr fring baden-w rttemberg (bw 10) and milchwirtschaftlichen verein baden-w rttemberg (bw 11). (132) according to germany, the beneficiaries of the activity were milk-producing farms (milk producers) who participated in the qm milch quality assurance system. (133) in the case of measure bw 10, the performance of audits at dairy farms (46) and the cost of initial certification (introductory farm audit and possibly a follow-up audit) by a recognised certification body were subsidised. (134) in the case of measure bw 11, informational and advisory functions were funded in connection with the introduction of quality assurance systems (47). according to germany, these payments are proportionally dependent on the number of milk producers entering the quality management system (qm-milch). (135) according to germany, total expenses amounted to eur 478 575. 4 500 milk producers were financed in connection with initial certification with a view to entry into the quality assurance system. the expenses thus amounted to eur 106 per beneficiary. ni 1 (136) lower saxony granted financial support for the implementation of a quality assurance system for milk producers (not for processing and marketing firms). the measure was delegated to lvmn. (137) according to the comments by germany on 20 september 2013 (48), preparatory actions for the implementation of the qm-milch quality assurance system (mainly advisory services to farmers who wanted to introduce the qm-milch system) were financed in the period 2001-2005 and then farm audits conducted within the framework of that quality assurance system were financed from 2003. since 2003, the costs for the coordination of the quality assurance system and the creation of a database have also been financed. (138) in its comments of 20 september 2013 (49), germany argued that the aid granted for consulting services amounted to 50 % of the cost and an amount of eur 12,78 per case for each farmer, not exceeding the upper threshold indicated in point 13.2 of the 2000-2006 guidelines. for farm audits carried out from 2003, aid intensity was 50 % of the costs and amounted to eur 35 per farmer for a three-year period. (139) germany has confirmed that the checks on the farm audits were carried out by or on behalf of third parties. the landeskontrollverband niedersachsen was commissioned as an independent audit institution. th 5 (140) the measure was introduced in 2004 (50). the measure was carried out by th ringer verband f r leistungs- und qualit tspr fungen in der tierzucht (tvlev). (141) according to germany, expenses for the initial certification, a necessary revision audit after three years and the construction and maintenance of databases were funded from the levy. in the period 2004-2006, producers were only subsidised with respect to initial certification. the average aid granted to individual producers amounted to approximately eur 83. (142) the beneficiaries of this measure were milk producers. 3. grounds for initiating the formal investigation procedure (143) in the opening decision, the commission found that all the conditions were met for the existence of state aid (51). (144) the commission initiated the procedure under article 108(2) tfeu, as the commission had doubts, based on the information available at that time, as to whether certain sub-measures were compatible with the internal market (see paragraph 18). 4. comments from germany on the opening of the formal investigation procedure (145) the german authorities transmitted their comments to the commission on 20 september 2013, 27 february 2015 and 13 january 2017. a summary of the german authorities' comments on the individual measures can be found in the above descriptions of the measures (see point 2: description of the measures and comments by the german authorities). 5. comments from interested parties on the opening of the formal investigation procedure (146) between 6 and 18 february 2014, the commission received ten sets of comments from interested parties relating to the measures underlying this decision (52). (147) in its comments of 6 february 2014 received on 13 february 2014, verband der milcherzeuger bayern e.v. (vmb) expressed its surprise with respect to measure by 3 regarding the fact that the opening decision called in question the measures implemented by vmb until 2006 from a state aid point of view, whereas no complaint was put forward regarding the measures implemented from 2007. in this respect, vmb recalled that the task priorities and the manner of its activities had not changed since 1954 and the vmb had been receiving funds from milk levies since 1957. in its comments, the vmb further noted that the services it offered do not constitute concrete technical assistance for individual establishments, but rather provision of technical and factual information in a general manner, equally accessible to all interested parties. (148) in its comments of 4 february 2014, received by the commission on 6 february, the milchwirtschaftliche verein allg u-schwaben e.v (mv) claimed with respect to measure by 10 that the objective of this measure is the dissemination of know-how and knowledge about dairy-related issues (e.g. food laws) to governments and other institutions. to this end, muva employees receive access to industry-relevant information, and then process and pass it on (in the form of opinions, lectures and publications, in particular to the authorities concerned). as well as the muva newsletters that are enclosed with the deutsche molkereizeitung (german dairy newspaper), significant contributions to the dissemination of information on quality assurance (hygiene, production safety) are disseminated. according to the mv, this constitutes an overarching activity whose results do not benefit individual farms, but rather are brought to the attention of particular authorities for the purposes of further training. (149) in their letter dated 4 february 2014 and received by the commission on 11 february 2014, the landesvereinigung f r milch und milcherzeugnisse hessen e.v. (lvmh) commented on measures he 2, he 3 and he 9, executed by them. first, they noted that, contrary to the statement annexed to the opening decision of the commission, the measures in question did not benefit only dairy plants, but rather the entire dairy industry. with regard to the content, the lvmh ensured under measure he3 that consumer information and education were the focus of the general public relations activities, with consumer education carried out on a neutral level independent from dairy plants. with regard to measure he 2, fortbildung f r erzeuger durch das innovationsteam (training for producers by the innovation team), lvmh remarked that the focus was on the transfer of knowledge. current information and study results had been pooled, processed for use by farmers and disclosed, among others, in the form of lecture events, conferences and training courses. he2 and he9 promoted special educational and training events for young professionals, farmers and agricultural workers where all farmers or agricultural workers had the opportunity to participate in the training on equal terms. (150) in their letter dated 6 february 2014, received by the commission on 10 february 2014 and 11 february 2014, the landeskontrollverband nordrhein-westfalen e.v. and the landesvereinigung der milchwirtschaft nordrhein-westfalen e.v., respectively, fully endorsed the comments made by germany on 20 september 2013 in relation to the measures carried out in north rhine-westphalia. (151) similarly, in their joint letter dated 6 february 2014, received by the commission on 11 february 2014, the rheinische landwirtschafts-verband e.v. and the westf lisch-lippische landwirtschaftsverband e.v. supported the comments made by germany on 20 september 2013 in relation to measure nw 5. (152) in its letter dated 6 february 2014, received by the commission on 11 february 2014, the landesvereinigung th ringer milch e.v. fully endorsed the comments made by germany on 20 september 2013 in relation to the measures carried out in thuringia. (153) in its comments of 10 february 2014, received by the commission on 14 february 2014, milchwirtschaftliche arbeitsgemeinschaft rheinland-pfalz e.v. (milag) indicated with respect to measure rp 1 that it had a general nature. it related to general information about milk as foodstuff; the objective was not to discourage consumers from buying milk products from other member states. moreover, there was no promotion of individual brands or products of selected companies/individual producers. milag therefore did not consider this measure toconstitute a form of state aid. in the alternative, in its comments, milag stated about the same measure that it in any event materially complied with the requirements of the then applicable guidelines and can be considered provision of technical assistance pursuant to point 14.1 of the 2000-2006 guidelines. in particular, the measure was in principle available to all consumers, and therefore to market participants in the dairy sector as well. it consisted purely of consumer education and the measure did not constitute any support for milk processing undertakings, but rather provided general consumer information. regarding measure rp 2, milag considers that the additional funding requirement whereby only the first participation of a business in a particular fair or exhibition can be subsidised satisfies the relevant conditions of state aid regulations. with regard to measure rp 5, milag indicated that the measure was centred on offering special advice related to milking technology to interested milk producers on an ad hoc basis. this offer was open to all milk producers in rhineland-palatinate as membership in the landeskontrollverband, i.e. the body offering advice, was not necessary. consulting services that were ongoing or were called upon at regular intervals were not eligible for funding and no direct payment was made to farmers. therefore, the measure was also compatible with the requirements for state aid for the period 28 november 2001-31 december 2006. moreover, milag considered that consulting assistance pursuant to the third indent of point 14.1 of the 2000-2006 guidelines was not dependent on the dissemination of new methodologies. milag also gave assurances that the total amount of aid granted did not exceed eur 100 000 per beneficiary over a three-year period. the average funding per beneficiary per year was eur 197. (154) in its comments of 6 february 2014, registered by the commission as received on 18 february 2014, the milchpr fring baden-w rttemberg ev (mpbw) considered that measure bw 10 did not constitute state aid, or at least did not constitute an advantage. (155) the milchwirtschaftliche verein baden w rttemberg e.v. (mvbw) endorsed in its letter of 6 february 2014, received by the commission on 7 february 2014, the remarks made by milchpr fring baden-w rttemberg e.v. in relation to measures bw 4 and bw 11, considering that these two measures did not constitute state aid, or at least did not constitute an advantage. 6. assessment of the measures 6.1. existence of state aid application of article 107(1) tfeu (156) article 107(1) tfeu lays down that any aid granted by a member state or through state resources in any form which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods and affects trade between member states is incompatible with the internal market. 6.1.1. aid granted by the state or through state resources (157) the german authorities have confirmed that the measures referred to in this decision were financed exclusively from the milk levy (see paragraph 26). (158) milk levy resources are considered state resources within the meaning of article 107(1) tfeu. (159) according to settled case-law, it is not permitted to make a distinction as to whether aid is granted directly by the state or by a public or private body designated or established by that state (53). however, for advantages to be capable of being categorised as state aid within the meaning of article 107(1) tfeu, they must, first, be granted directly or indirectly through state resources and, second, be imputable to the state (54). (160) with regard to the measures described above, it is apparent that support is granted on the basis of a federal law, the mfg, in conjunction with the application of the legal provisions of the l nder. (161) specifically, section 22(1) of the mfg provides that the land governments, acting in consultation with the land association or professional organisations, may collect levies jointly from dairies, milk collection centres and creameries in order to promote the dairy industry. (162) under the second sentence of section 22(1) of the mfg, the governments of the l nder may, if requested to do so by the association or professional organisations, collect joint levies of up to 0,2 cents per kilogram of delivered milk. therefore, the collection of levies is clearly the responsibility of the land governments. (163) the legal basis for collecting a milk levy in the individual german l nder is provided by corresponding land regulations on the detailed arrangements for collecting the levy, including the amount of the levy. as a consequence, the collection of a milk levy is regulated by the land governments, i.e. by the state. this is not altered by the fact that the regulations in question are issued in consultation with the respective land association representing the dairy industry (55). (164) in the case in hand, a levy is collected from private undertakings (dairies, milk collection centres, creameries). revenue from this levy flows into the respective state budgets before being used for financing various support measures. therefore, it is considered as being under state control (56). (165) it follows that the measures financed by milk levy funds are granted by state resources and are imputable to the state. 6.1.2. selective advantage/undertakings (166) costs such as those for training, consultancy, information materials for the purposes of public relations, or fees for taking part in trade fairs and competitions are costs that a business has to pay in the context of its usual business activities. the same applies to expenses relating to the production and marketing of high quality products. if certain businesses are relieved of these costs in whole or in part, they are put at an advantage. (167) the commission takes the view that the sub-measures under consideration confer an advantage upon milk producers and dairies. (168) in its comments dated 20 september 2013, germany initially argued that some of the measures contained in the opening decision did not constitute aid because they either did not bring any concrete advantage to a single company (see paragraph 33 with respect to measure by 3), or were not aimed at the transfer of knowledge to milk producers or dairy plants (see paragraph 39 with respect to measure by 10), or did not favour certain businesses or sectors (see paragraphs 44, 60, 73, 80 and 88 with respect to measures bw 4, he 3, ni 7, nw 4 and nw 5, rp 1 and sl 2), or there was no substantive or geographic selectivity to potential benefits (see paragraphs 80 and 83 with respect to measures nw 4, nw 5 and nw 6, respectively). (169) in addition, the mpbw and the mvbw, in their comments dated 6 february 2014, argued that there was no selective advantage from measures bw 10, bw 4 or bw 11 (see paragraphs 154 and 155 respectively). (170) however, the commission is of the opinion that the above-listed measures ultimately benefit the dairy sector as well and as such confer an advantage upon milk producers and dairy plants that are to be considered as businesses. (171) in the case of measure by 3, the commission assumes that, even if this measure was aimed at the general public, it ultimately conferred an advantage on the milk sector, as it could be presumed that it would have a positive effect on milk consumption. (172) in relation to measure by 10, the milchwirtschaftliche verein allg u-schwaben mentioned in its comments dated 4 february 2014 that the muva newsletter was enclosed with the deutsche molkerei zeitung, and that, in addition, appropriate articles sharing information regarding quality assurance would be disseminated (see paragraph 148). therefore, the commission considers that the entire dairy sector (milk producers and dairy plants) should also be regarded as a beneficiary of measure by 10. (173) with regard to measures bw 4, he 3, ni 7, nw 4 and nw 5, rp 1, and sl 2, the commission takes the view that the dissemination of current scientific knowledge about the properties of milk and dairy products, the organisation of campaigns, informative events and measures to raise general awareness amongst consumers, events for the exchange of knowledge between producers, and general consumer information campaigns about milk are also to be considered as technical assistance that benefited the entire dairy sector. (174) in relation to measures bw 10 and bw 11, the commission also takes the view that these benefited dairy farms that took part in the qm milch quality assurance scheme. (175) moreover, the measures in question were selective as it benefited a single economic sector (i.e. the dairy industry). 6.1.3. distortion of competition and effect on trade (176) the court of justice has consistently held that strengthening the competitive position of an undertaking through the granting of state aid generally distorts competition with other competing undertakings not having benefited from this aid (57). aid for an undertaking that operates in a market open to intra-union trade appears to affect trade between member states (58). there was substantial intra-union trade in agricultural products in the period 2001-2012. for example, intra-community imports to and exports from germany of products falling within heading 0401 of the combined nomenclature (milk and cream, not concentrated nor containing added sugar or other sweetening matter) (59) were worth eur 1,2 billion and eur 957 million respectively in 2011 (60). (177) the measures being assessed in this decision benefit milk producers and dairy farms and thus strengthen their competitive position. as described in paragraph 176 above, trade in the products of dairies and milk producers does take place within the union. the commission therefore takes the view that the measures at issue were such as to distort or risk distorting competition or to affect trade between the member states. (178) in the light of the foregoing, the conditions of article 107(1) tfeu are fulfilled. it can therefore be concluded that the schemes under consideration constitute state aid within the meaning of that article. 6.2. legality of the aid (179) according to article 108(1) tfeu, the commission must, in cooperation with member states, keep under constant review all existing systems of aid. to that end, the commission can obtain from member states all information necessary for the review of existing aid schemes and, if necessary, issue a recommendation on appropriate measures. (180) article 1(b)(i) of regulation (eu) 2015/1589 defines existing aid as all aid which existed prior to the entry into force of the tfeu in the respective member state and is still applicable after the entry into force of that treaty. (181) however, according to article 1(c) of regulation (eu) 2015/1589, any alteration to existing aid makes it new aid. article 4 of commission regulation (ec) no 794/2004 (61) defines an alteration to existing aid as any change, other than modifications of a purely formal or administrative nature which cannot affect the evaluation of the compatibility of the aid measure with the common market. (182) according to case-law (62), the original scheme is transformed into a new aid scheme only if the change affects the essence of the provision; there can be no question of such a substantive alteration where the new element is clearly severable from the initial scheme. (183) according to article 108(3) tfeu, all new aid has to be notified to the commission and it cannot be put into effect before it has been approved by the commission (standstill obligation). (184) according to article 1(f) of regulation (eu) 2015/1589, new aid put into effect in contravention of article 108(3) tfeu is unlawful. (185) on the basis of the mfg and in the context of the powers conferred on them, the german l nder have adopted implementing measures which constitute the legal bases for the measures being assessed in this decision. although the milk and fat law, which provides the framework for the aid schemes in question, entered into force in 1952 (63), the individual schemes were introduced through corresponding implementing provisions of the corresponding l nder only after 1958 (64). (186) the measures to which this decision relates therefore constitute new aid within the meaning of article 1(c) of regulation (eu) 2015/1589. (187) germany did not at any time notify the aid schemes at issue in accordance with article 108(3) of the tfeu. these schemes are therefore unlawful. 6.3. compatibility of the aid with the internal market (188) under article 107(3)(c) tfeu, aid to facilitate the development of certain economic activities or of certain economic areas may be considered compatible with the internal market, where such aid does not adversely affect trading conditions to an extent contrary to the union interest. (189) pursuant to the commission notice on the determination of the applicable rules for the assessment of unlawful state aid (65), the measures must be assessed in accordance with the guidelines in force at the time when the aid was granted. (190) specific guidelines have applied for the agriculture sector since 1 january 2000. aid granted during the period between 28 november 2001 and 31 december 2006 (hereinafter: the period 2001-2006) is to be assessed in the light of the 2000-2006 guidelines. (191) aid granted since 1 january 2007 (hereinafter: the period from 2007) will be assessed in the light of the 2007-2013 guidelines. (192) the period since 28 november 2001 is hereinafter referred to as the period of investigation. (193) based on the suspensive effect of the formal procedure under article 108(3) tfeu, the commission is examining the measures which underlie this decision up to 17 july 2013, the date on which the commission notified germany of its decision to initiate proceedings under article 108(2) tfeu (see paragraph 3). 6.3.1. provision of technical support in the agricultural sector in the period 2001-2006 (194) the measures carried out between 2001 and 2006 with the objective of providing technical support in the agricultural sector have to comply with the conditions set out in point 14 of the 2000-2006 guidelines. (195) under point 14.1 the eligible costs included those incurred by education and training programmes, the provision of farm management services, consultancy fees, the organisation of (or participation in) competitions, exhibitions and trade fairs and other activities for the dissemination of knowledge relating to new techniques (66). according to point 14.1 of the 2000-2006 guidelines, such aid may be granted at a rate of 100 % of the costs. (196) according to point 14.2, the aid is to be accessible to all eligible natural and legal persons in the area concerned on the basis of objectively defined criteria. (197) pursuant to point 14.3, the total amount of support granted should not exceed eur 100 000 per beneficiary over any three year period or, in the case of aid granted to smes, 50 % of eligible costs, whichever is greater. for the purpose of calculating the amount of aid, the beneficiary is considered to be the person receiving the services. (198) the commission takes the view that, for the measures mentioned below, the provisions of point 14 of the 2000-2006 guidelines equally apply to aid granted in connection with activities relating to the [primary] production and to the processing and marketing of agricultural products. this follows from the wording of point 2.1 of the 2000-2006 guidelines and from the fact that point 14 does not itself provide for any restriction in this respect. (199) the commission assumes that such measures contribute to the long-term viability of the sector while producing only very limited effects on competition (second sentence of point 14.1 of the 2000-2006 guidelines). (200) in the opening decision, the commission expressed doubts regarding the compatibility of certain measures with the internal market in the relevant period (67). by 3 (201) the verband der milcherzeuger e.v. (vmb) received funding for the collection of material and technical information of a general nature as well as for the publication and provision of general information on topics related to the dairy industry. the rules about the provision of technical assistance apply to the aid granted. (202) the subsidised costs (dissemination of scientific knowledge and the provision of factual information on quality systems paragraph 32 of this decision) correspond to the eligible costs laid down in point 14.1. (203) the measure was open to all eligible natural and legal persons in the area concerned and the grants were below eur 100 000 per beneficiary in a three-year period (paragraph 35 in conjunction with paragraph 37 of this decision). the requirements laid down in points 14.2 and 14.3 are satisfied. (204) the conditions set out in point 14 of the 2000-2006 guidelines are therefore met. by 10 (205) the rules about the provision of technical assistance apply to the aid granted for the exchange of expertise and knowledge about milk-related topics. (206) the subsidised costs incurred by provision of information in the form of comments, lectures and publications (see paragraph 148) correspond to the eligible costs laid down in point 14.1 of the 2000-2006 guidelines. (207) this is a general information measure aimed at the dairy industry, which was open to all eligible natural and legal persons in the area concerned. total annual expenditure provided by the german authorities for measures by 3 and by 10 (see paragraph 41) indicate that the subsidies in any case did not exceed eur 100 000 per beneficiary per three-year period. the conditions set out in points 14.2 and 14.3 are therefore met. (208) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled. bw 4 (209) the measures serve the general and wide dissemination of current scientific knowledge of the properties of milk and dairy products. they are to be considered as technical assistance that benefited the entire dairy sector. the subsidised costs (see paragraph 42) correspond to the eligible costs pursuant to point 14.1. (210) the measures were not limited to a particular group, but were made available to all eligible natural and legal persons in the area concerned, based on objectively defined criteria (paragraph 46). the conditions set out in point 14.2 of the 2000-2006 guidelines are thus fulfilled. the level of aid was lower than the limit of eur 100 000 per beneficiary for a three-year period laid down in point 14.3 (paragraph 46). the conditions laid down in point 14.3 are fulfilled. (211) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled. bb 1 (212) over the period 2001-2006, brandenburg funded consulting fees under the measure known as improving hygiene. areas of focus included animal health, improvement of milk hygiene and the quality of raw milk as well as analysis of performance issues. (213) the measure in question thus falls within the scope of point 14 (provision of technical assistance) of the 2000-2006 guidelines. the subsidised costs (consulting fees) correspond to the eligible costs pursuant to point 14.1. (214) in their communication of 27 february 2015, the german authorities confirmed that, in principle, all milk producers in the federal state had access to the consulting services (complex and special consulting) in question (see paragraph 49). furthermore, germany explained in the same communication that the threshold of eur 100 000 per company for a three-year period was not exceeded under measure bb 1 (see paragraph 49). therefore, the measure complies with the conditions laid down in points 14.2 and 14.3. (215) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled. bb 3 (216) the landesvereinigung der milchwirtschaft brandenburg-berlin e. v. (lvmb) and the landesbauernverband brandenburg e.v. (lbv) carried out measures related to the provision of information on economic issues and the dissemination of newly acquired information and knowledge regarding dairy production issues. in addition, competitions were organised. these measures constitute technical assistance. (217) the subsidised costs (providing information and organising competitions paragraph 50) correspond to the eligible costs laid down in point 14.1 of the 2000-2006 guidelines. (218) the aid was not restricted to selected groups. point 14.2 of the 2000-2006 guidelines is therefore fulfilled. (219) in 2006, lvmb awarded eur 463, collected from the milk levy, to businesses from brandenburg which distinguished themselves (see paragraph 53). furthermore, lbv received a grant of eur 20 000 from state funds in 2006 for the provision of consultancy to milk producers (see paragraph 54). according to germany, the procedures in other, earlier years were similar (see paragraph 54). the commission concludes from the above facts that under these two measures the upper threshold of eur 100 000 per beneficiary over a three-year period cannot have been exceeded in the period 2001-2006. point 14.3 of the guidelines is therefore fulfilled. (220) measure bb 3 thus meets the requirements set out in point 14 of the 2000-2006 guidelines. he 2 (221) hessen granted financial support to the landesvereinigung f r milch und milcherzeugnisse hessen e.v. (lvmh) for the measure fortbildung f r erzeuger durch das innovationsteam (training for producers by the innovation team). under this measure, lvmh provided information in the form of articles and organised training for farmers and farm workers. these activities are to be qualified as technical assistance. (222) the eligible costs (paragraph 57) correspond to the eligible costs laid down in the first indent of point 14.1 of the 2000-2006 guidelines. (223) the aid was not restricted to selected groups (paragraph 57). this was also confirmed by lvmh in its comments of 4 february 2014, according to which each farmer or agricultural worker had the opportunity to participate in the training on the same terms (see paragraph 149). therefore, the requirements laid down in point 14.2 of the guidelines is satisfied. (224) the amount of aid granted was below eur 100 000 per beneficiary in a three-year period (see paragraph 57). point 14.3 of the guidelines is thus also fulfilled. (225) measure he 2 thus meets the requirements set out in point 14 of the 2000-2006 guidelines. he 3 (226) the nutrition team of lvmh disseminated scientific knowledge in a generally understandable form, organised information events and campaigns and conducted pr activities (not targeted at certain businesses) related to the production, treatment and processing of milk and dairy products. (227) in its comments dated 4 february 2014, lvmh remarked that the provision of consumer information and education were the focus of these measures and consumer education was carried out on a neutral level independent from dairy plants. the commission nonetheless takes the view that measures to promote the dissemination of scientific knowledge and the organisation of campaigns should be considered as technical assistance that benefits the entire dairy sector (see paragraph 173). (228) the subsidised costs (paragraph 59) correspond to the eligible costs pursuant to point 14.1. (229) measures were not restricted to a selected group (paragraph 61). the conditions laid down in point 14.2 are fulfilled. (230) grant amounts were below the upper threshold laid down in point 14.3 (see paragraph 61). (231) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled in the case of measure he 3. he 9 (232) hessen granted financial assistance to lvmh for the measure training of young dairy farmers (see paragraph 62). training of young dairy farmers should be considered as technical assistance. (233) the eligible costs (paragraph 62) correspond to the eligible costs laid down in the first indent of point 14.1 of the 2000-2006 guidelines. (234) training courses are open to all producers (paragraph 64). this was also confirmed by lvmh in its comments dated 4 february 2014, according to which each farmer or agricultural worker had the opportunity to participate in the training on the same terms (see paragraph 149). therefore, the measure is also consistent with the requirements of point 14.2. (235) total expenses in relation to measure he 9 in the period 2001-2006 amounted to approximately eur 35 000 (see paragraph 64). therefore, the upper limit of eur 100 000 per beneficiary in a three-year period (point 14.3) could not be exceeded. (236) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled in the case of measure he 9. ni 5 (237) lower saxony granted the landesvereinigung der milchwirtschaft niedersachsen e.v. (lvmn) financial support for participation in fairs and exhibitions and for the preparation of scientific information in a readily comprehensible form (see paragraph 65). participation in fairs and exhibitions and the preparation of scientific information is to be considered technical assistance. (238) the cost of rent and equipment for exhibition halls as well as the cost of publication of factual information are eligible costs pursuant to point 14.1 (first indent). (239) according to the german authorities, the measure was centred on sponsoring the lvmn exhibition stand (see paragraph 66), benefiting all dairy plants in lower saxony (on average about 17 500 businesses in the period 2001-2006) (see paragraph 67). thus the measure was open to all dairy plants and the conditions contained in point 14.2 are fulfilled. (240) whilst germany has not confirmed in its comments that the measure was limited to a maximum of eur 100 000 per beneficiary over a period of three years, the commission considers that this upper threshold cannot be exceeded in the case of promoting an exhibition stand in favour of all dairy plants in lower saxony. the conditions of point 14.3 are therefore met. (241) measure ni 5 thus meets the requirements set out in point 14 of the 2000-2006 guidelines. ni 6 (2002-2003) (242) lower saxony granted financial support for the participation of processing undertakings (dairies) in fairs. funding the participation of businesses in fairs is to be considered a form of technical assistance. (243) german authorities gave assurances that no legally binding commitments had been made (68) towards beneficiaries in 2001, i.e. the main examination period. they also indicated that the measure in question had been based on approved state aid no 200/2003 since 26 november 2003 (see paragraph 68). therefore, the evaluation of the measure in question only covers the period between 1 january 2002 and 26 november 2003. (244) the eligible costs (paragraph 68) correspond to the eligible costs laid down in the first indent of point 14.1 of the 2000-2006 guidelines. (245) the german authorities gave assurances that measure ni 6 was accessible to all companies in the area of processing and marketing of dairy products and was awarded according to objective criteria. moreover, the measure was independent from membership in producer or other agricultural organisations (see paragraph 70). the conditions of point 14.2 of the 2000-2006 guidelines are therefore met. (246) maximum aid intensity for the measure in question in the relevant period was 48 % (see paragraph 71). according to the german authorities, only one company (nordmilch eg) received a total amount of aid in excess of eur 100 000. according to those same authorities, nordmilch eg does not fall within the definition of an sme. therefore, aside from the aid granted to nordmilch eg, the requirements laid down in point 14.3 are met. (247) with around 2 500 staff and a turnover of around eur 1,9 billion, nordmilch eg was one of the biggest dairy undertakings in germany (69). given these figures, it did not fall within the commission's definition of a small and medium-sized enterprise set out in point 14.3 (70). pursuant to point 14.3 of the 2000-2006 guidelines, it should therefore have received a total aid amount not exceeding eur 100 000 over a period of three years. the aid granted to nordmilch eg does not therefore meet the requirements laid down in point 14.3 (71). (248) measure ni 6 thus basically meets the requirements set out in point 14 of the 2000-2006 guidelines. (249) in the case of the aid granted to nordmilch eg in the period 2002-2003, measure ni 6 does not meet the requirements set out in point 14 of the guidelines. ni 7 (250) lower saxony granted financial assistance for activities undertaken by the lvmn as part of general consumer information campaigns on the use of milk as a foodstuff. general information campaigns about milk constitute aid that benefits the entire dairy sector (see paragraph 173). the rules on the provision of technical assistance in accordance with point 14 of the 2000-2006 guidelines apply. (251) the subsidised costs (paragraph 72) correspond to the eligible costs pursuant to point 14.1. (252) the measure was not limited to a particular group, but supported the entire dairy sector in a general manner (paragraph 75). therefore, the measure was also consistent with the requirements of point 14.2. (253) according to the german authorities, an average amount of eur 395 was granted per beneficiary under measure ni 7 throughout the period (see paragraph 76). the level of aid was thus significantly lower than the limit specified in point 14.3. (254) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled in the case of measure ni 7. nw 4 and nw 5 (255) north rhine-westphalia granted financial support to the landesvereinigung der milchwirtschaft nordrhein-westfalen e.v. (lvmnrw) and the landwirtschaftsverb nde rheinland und westfalen-lippe for informative events and actions of the sort of general consumer advocacy and regarding the use of milk and dairy products and their general characteristics (sub-measure nw 4). north rhine-westphalia granted further financial support for events related to the exchange of knowledge between milk producers on dairy industry issues (sub-measure nw 5). (256) information events and general consumer information (nw 4) and events organised for the exchange of knowledge between producers (nw 5) constitute a form of state aid which benefits the entire dairy sector (see paragraph 173). furthermore, such aid should be regarded as selective since it benefits a single sector only (i.e. dairy industry) (see paragraph 175). the measures in question are to be considered as technical assistance. (257) the subsidised costs of event organisation and management, consulting, education and training related to issues of the dairy industry (see paragraph 79) correspond to the eligible costs laid down in point 14.1. (258) the measures were aimed at all dairy cattle holding farms (see paragraph 81), thus satisfying the conditions laid down in point 14.2. (259) based on the total expenditure for the two measures during the investigation period and the average number of dairy farms in north rhine-westphalia, the amounts of aid granted per beneficiary were far below the limit laid down in point 14.3 (see paragraph 81). (260) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled in the case of measure nw 4 and nw 5. nw 6 (261) north rhine-westphalia provided financial support to the vereinigung der milchindustrie lvmnrw for the collection, analysis and publication (as communications and market reports) of relevant data related to the dairy market. (262) the publication of factual and scientific information in the form of communications and market reports constitutes technical assistance, so point 14 of the 2000-2006 guidelines applies. (263) the subsidised costs (paragraph 82) correspond to the eligible costs pursuant to point 14.1. (264) the publications were offered free of charge to anyone, thus fulfilling the conditions laid down in point 14.2. (265) based on the total expenditure for the measure nw 6 during the investigation period and the average number of dairy farms in north rhine-westphalia, the amounts of aid granted per beneficiary were far below the limit laid down in point 14.3 (see paragraph 85). (266) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled in the case of measure nw 6. rp 1 and sl 2 (267) rhineland-palatinate and saarland granted the milchwirtschaftliche arbeitsgemeinschaft rheinland-pfalz e.v. (milag) and the landesvereinigung der milchwirtschaft des saarlandes e.v. (lvms), respectively, financial support for consumer information, including the dissemination of scientific knowledge, general factual information about products, their nutritional benefits and suggested uses. (268) general information campaigns about milk constitute aid that benefits the entire dairy sector (see paragraph 173). the rules on the provision of technical assistance in accordance with point 14 of the 2000-2006 guidelines apply. (269) the costs subsidised under this sub-measure (see paragraph 86) correspond to the eligible costs pursuant to point 14.1. (270) according to the german authorities, the measure was not limited to a particular group, but supported the entire dairy sector in a general manner (see paragraph 90). this was also confirmed by milag in their comments dated 10 february 2014 (see paragraph 153). the conditions of point 14.2 are therefore met. (271) germany also argued that the total amount of aid granted over a period of three years was far below the upper threshold of eur 100 000 per beneficiary (see paragraph 91), which satisfies the conditions laid down in point 14.3. (272) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled. rp 5 and sl 5 (273) rhineland-palatinate and saarland granted the landeskontrollverband rheinland-pfalz e.v. (lkvrp) and lvms, respectively, financial support for consulting and training programmes for milk producers to improve the hygiene of milking equipment and the quality of delivered milk. ongoing consulting services were excluded from funding (see paragraph 92). advising and training milk producers falls within the scope of point 14 (provision of technical assistance) of the 2000-2006 guidelines. (274) the subsidised costs (see paragraphs 92 and 94) correspond to the eligible costs pursuant to point 14.1. (275) according to the german authorities, the offer of consultancy/training services was open to all milk producers in rhineland-palatinate/saarland as membership in the lkvrp/lvms, respectively, was not required (see paragraph 94) (72). the requirements of point 14.2 are therefore met. (276) the average amounts of funding per year were about eur 197 (73) in rhineland-palatinate and about eur 130 in saarland (see paragraph 98). the upper threshold laid down in point 14.3 could thus not be exceeded. (277) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled in the case of measure in question. th 3 and th 4 (278) thuringia granted the landesvereinigung th ringer milch e.v. (lvtm) financial support for participation in trade and consumer exhibitions and for organising conferences to disseminate scientific information (sub-measure th 3, see paragraph 100). in addition, the publication of factual information about producers from the region was subsidised (sub-measure th 4, see paragraph 101). participation in exhibitions, the organisation of trade conferences and the publication of factual information constitutes technical assistance within the meaning of point 14 of the 2000-2006 guidelines. (279) the subsidised costs (see paragraphs 100 and 101) correspond to the eligible costs pursuant to point 14.1. (280) according to germany, the two sub-measures were not limited to a particular group, but supported the entire dairy sector in a general manner (see paragraphs 105 and 108). the requirements of point 14.2 are therefore met. (281) furthermore, the german authorities also confirmed that the amounts granted as aid did not exceed the upper threshold laid down in point 14.3 (see paragraphs 105 and 109). (282) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled in the case of the measure in question. th 9 and th 10 (283) thuringia granted the verein landvolksbildung th ringen (vlt) financial support for the training of employees in dairy farms (sub-measure th 9). furthermore, thuringia granted financial support for the th ringer landjugendverband e.v. (tljv) and the th ringer melkergemeinschaft e.v. (tmg) for the promotion of professional competitions (sub-measure th 10) (see paragraph 110). (284) initially, germany argued that these two sub-measures did not constitute state aid since the payments to the vlt (th 9), the tljv and the tmg (th 10) should be considered as service charges which offset equivalent expenses and therefore no advantage arises (see paragraphs 114 and 117). however, the commission is of the opinion that, even if there was no advantage to the service provider, training measures on dairy farms and the organisation of professional competitions benefit dairy farms and represent a form of technical assistance pursuant to point 14 of the 2000-2006 guidelines. (285) the subsidised costs (see paragraphs 111 and 112) correspond to the eligible costs in accordance with the provisions of point 14.1. (286) according to germany, the opportunity to participate in training and professional competitions was equally open to all concerned parties who were active in the area concerned, based on objectively defined criteria (see paragraphs 115 and 118). the conditions of point 14.2 are therefore met. (287) germany stated that the cumulative amount of aid under both these sub-measures did not exceed eur 100 000 over three years (see paragraph 118). the upper threshold laid down in point 14.3 could thus not be exceeded. (288) the conditions set out in point 14 of the 2000-2006 guidelines are thus fulfilled in the case of the measure in question. (289) the commission concludes that measures by 3, by 10, bw 4, bb 1, bb 3, he 2, he 3, he 9, ni 5, ni 6, ni 7, nw 4, nw 5, nw 6, rp 1, rp 5, sl 2, sl 5, th 3, th 4, th 9 and th 10, with the exception of aid provided to nordmilch eg under measure ni 6 (see paragraph 290), satisfied the relevant requirements laid down in the 2000-2006 guidelines and were therefore compatible with the internal market over the period 2001-2006. (290) the commission also concludes that the aid granted to nordmilch eg under measure ni 6 in the period 2002-2003 did not meet the relevant conditions of the 2000-2006 guidelines and was therefore incompatible with the internal market in the period 2001-2006. 6.3.2. provision of technical support in the agricultural sector in the period from 2007 (291) for the period from 2007, the provisions on the compatibility of technical support with the internal market were amended. (292) the provision of technical support is governed by chapter iv.k of the 2007-2013 guidelines. (293) pursuant to point 105 of the 2007-2013 guidelines, the commission can declare state aid for the provision of technical support to companies processing and marketing agricultural products compatible with article 87(3)(c) of the treaty (74) if it fulfils all the conditions of article 5 of regulation (ec) no 70/2001. in accordance with paragraph 106 of the same guidelines, no state aid was approved for large enterprises. (294) article 5(b) of regulation (ec) no 70/2001 provides that gross aid for participation in fairs and exhibitions must not exceed 50 % of the additional costs incurred for renting, setting up and running the stand. this exemption applies only to the first participation of an enterprise in a particular fair or exhibition. (295) regulation (ec) no 70/2001 was replaced with regulation (ec) no 800/2008 (75) on 29 august 2008. article 27 of regulation (ec) no 800/2008 provides that aid to smes for participation in fairs is compatible with the common market if the aid intensity does not exceed 50 % of eligible costs and if the eligible costs are limited to those incurred for renting, setting up and running the stand for the first participation of an undertaking in any particular fair or exhibition. (296) according to paragraph 106 of the 2007-2013 guidelines, no state aid was approved for large enterprises under technical assistance. (297) in the opening decision, the commission expressed doubts regarding the compatibility of a measure (rp 2) with the internal market in the relevant period (76). measure rp 2 (298) under measure rp 2, rhineland-palatinate granted financial support to processing and marketing companies for participation in forums to share knowledge between businesses, competitions, exhibitions and fairs. eligible costs were those incurred in setting up an exhibition stand (see paragraph 125). this support was not limited to the first participation of an undertaking in a particular fair or exhibition. aid intensity was limited to 10 % of proven costs, but not more than eur 5 200 per business and event (see paragraph 119). (299) the aid intensity of 10 % under measure rp 2 does not exceed the maximum aid intensity value of 50 % laid down in article 5(b) of regulation (ec) no 70/2001 and article 27 of regulation (ec) no 800/2008. (300) the subsidised costs (costs related to setting up an exhibition stand) correspond to the eligible costs in accordance with article 5(b) of regulation (ec) no 70/2001 and article 27 of regulation (ec) no 800/2008, which state that renting, setting up and running a stand are eligible for aid (see paragraphs 294 and 295). however, these rules state that only the first participation of an undertaking in any particular fair or exhibition is eligible. (301) in their comments of 20 september 2013, germany provided a table containing the number of businesses which were granted subsidies in the period 2003 2012 for repeated participation in a particular fair or exhibition, together with the respective aid amounts (see paragraph 123). this table shows that the average funding amounts for repeated participation in a particular fair or exhibition per subsidised company and year was between eur 294 and eur 5 113 in the period 2007-2012. (302) in its comments dated 13 january 2017, germany also stated that the two undertakings hochwald foods gmbh and muh arla eg had received aid under this sub-measure (see paragraph 124). (303) muh arla came into existence in 2012 as a result of the merger of milch-union hocheifel (muh) and the scandinavian dairy conglomerate arla foods. in 2011, muh employed around 800 staff and had a turnover of around eur 693 million (77). (304) the hochwald group employs more than 1 900 staff and achieved a turnover of around eur 1,44 billion in 2015 (78). (305) given these figures, neither muh arla eg nor hochwald foods gmbh fell within the definition of a small and medium-sized enterprise (sme) set out in point 9 of chapter ii of the 2007-2013 guidelines (79). in accordance with point 106 of the 2007-2013 guidelines, they should not, therefore, have received any aid (see paragraph 296). (306) the requirements of chapter iv.k. of the 2007-2013 guidelines, in conjunction with article 5(b) of regulation (ec) no 70/2001 and article 27 of regulation (ec) no 800/2008 respectively, are thus fulfilled only for cases in which processing and marketing businesses falling under the definition of smes received under measure rp 2 aid for the first participation in a particular fair or exhibition. (307) the requirements of chapter iv.k. of the 2007-2013 guidelines, in conjunction with article 5(b) of regulation (ec) no 70/2001 and article 27 of regulation (ec) no 800/2008 respectively, are not fulfilled for aid granted under measure rp 2 to undertakings not falling under the definition of smes, in particular to muh arla eg and hochwald foods gmbh (see paragraph 305). (308) the requirements of chapter iv.k. of the 2007-2013 guidelines, in conjunction with article 5(b) of regulation (ec) no 70/2001 and article 27 of regulation (ec) no 800/2008 respectively, are also not fulfilled for aid granted under measure rp 2 in respect of repeated participation in a particular fair or exhibition (see paragraph 301). (309) the commission concludes that aid under measure rp 2 met the relevant conditions of the 2007-2013 guidelines and was therefore compatible with the internal market in the period from 2007 only in the cases referred to in paragraph 306. (310) in the cases referred to in paragraphs 307 and 308, aid measure rp 2 did not meet the relevant conditions of the 2007-2013 guidelines and was therefore not compatible with the internal market in the period from 2007. 6.3.3. state aid for quality products in the period 2001-2006 (311) measures to encourage the production and marketing of quality agricultural products implemented between 2001 and 2006 must meet the conditions specified under point 13 of the 2000-2006 guidelines. (312) point 13.2 contains a non-exhaustive list of eligible activities in this area. aid may be granted for consultancy and similar support, including technical studies, feasibility and design studies and market research, to be given for activities related to the development of quality agricultural products, including: the introduction of quality assurance schemes such as the iso 9000 or 14000 series, systems based on hazard analysis and critical control points (haccp) or environmental audit systems, the costs of training personnel to apply quality assurance and haccp systems. aid may also be granted to cover the cost of the charges levied by recognised certifying bodies for the initial certification of quality assurance and similar systems. (313) points 3, 4 and 5 of point 13 of the 2000-2006 guidelines provide for special conditions and limitations. the commission takes the view that no aid should be granted in respect of routine in-process quality controls and routine product controls undertaken by the manufacturer, irrespective of whether they are undertaken on a voluntary basis or on a compulsory basis as a part of haccp or similar systems. aid should only be granted in respect of controls undertaken by or on behalf of third parties, such as the competent regulatory authorities, or bodies acting on their behalf, or independent organisms responsible for the control and supervision of the use of denominations of origin, organic labels, or quality labels. (314) the total amount of aid that can be granted for smes under this section must not exceed 50 % of eligible costs or eur 100 000 per beneficiary over a period of three years, depending on which amount is higher (see point 13.2). (315) baden-w rttemberg, lower saxony and thuringia (sub-measures bw 10, bw 11, ni 1 and th 5) granted financial support for improving the quality of the delivered milk through advice and training of dairy producers, the compilation and updating of databases and checks of dairy producers, parallel with the introduction of the quality management qm milk quality assurance systems (see paragraph 126). (316) according to the german authorities, aid intensity amounted to a maximum of 100 % of eligible costs (see paragraph 129). (317) in the opening decision, the commission expressed doubts regarding the compatibility of the abovementioned sub-measures with the internal market in the relevant period (80). bw 10 and bw 11 (318) the two sub-measures were carried out by the milchpr fring baden-w rttemberg (bw 10) and the milchwirtschaftlicher verein baden-w rttemberg (bw 11) in favour of milk-producing agricultural enterprises which took part in the qm-milch quality assurance system (see paragraphs 131 and 132). (319) the execution of audits at dairy farms and the cost of initial certification by a recognised certification body (bw 10) as well as the costs of consultancy tasks in connection with the introduction of the quality assurance system (bw 11) were subsidised (see paragraphs 133 and 134). the subsidised costs thus correspond to the eligible costs laid down in point 13.2 of the 2000-2006 guidelines. (320) support was not provided for quality and product checks carried out routinely by the manufacturers during the production process, which are excluded in accordance with point 13.3. (321) according to the german authorities, the average expenditure was eur 106 per beneficiary (see paragraph 135), well below the maximum allowable amount under point 13.2 of eur 100 000 per beneficiary over a period of three years. (322) the conditions set out in point 13 of the 2000-2006 guidelines are thus fulfilled in the case of sub-measures bw 10 and bw 11. ni 1 (323) lower saxony granted the lvmn financial support for the implementation of a quality assurance system for milk producers (qm-milch). point 13 of the 2000-2006 guidelines therefore applies. (324) the costs of preparatory measures for the implementation of the qm-milch system (consulting services) as well as the costs for the coordination of the qm-milch system and the creation of a database were subsidised (see paragraph 137). the subsidised costs thus correspond to the eligible costs laid down in point 13.2 of the 2000-2006 guidelines. (325) funding amounted to eur 12,78 per case for consulting services and eur 35 per farmer within 3 years for farm audits (see paragraph 138), which is well below the upper threshold specified in point 13.2 of the 2000-2006 guidelines. (326) germany has confirmed that the checks in the farm audits were carried out by or on behalf of third parties where the landeskontrollverband niedersachsen acts as an independent supervisory institution (see paragraph 139). this meets the requirements laid down in point 13.3. (327) the measure in question thus fulfils the requirements set out in point 13 of the 2000-2006 guidelines. th 5 (328) thuringia granted the th ringer verband f r leistungs- und qualit tspr fungen in der tierzucht (tvlev) financial support for the introduction of a quality assurance system for milk producers (see paragraph 140). point 13 of the 2000-2006 guidelines therefore applies. (329) according to the german authorities, the measure was introduced in 2004 (see paragraph 140). (330) according to germany, in the period 2004-2006, producers were only subsidised with respect to initial certification. the average aid granted to individual producers amounted to approximately eur 83 (see paragraph 141). (331) the subsidised costs correspond to the costs eligible under point 13.2 and the amount of aid is far below the ceiling set in the same point. (332) measure th 5 thus fulfils the requirements set out in point 13 of the 2000-2006 guidelines. (333) the commission concludes that the aid assessed above (bw 10, bw 11, ni 1 and th 5) did meet the relevant conditions of the 2000-2006 guidelines and was therefore compatible with the internal market in the period 2001-2006. 6.4. recovery (334) article 17(1) of regulation (eu) 2015/1589 states that the powers of the commission to recover aid are subject to a limitation period of 10 years. according to article 17(2) of that same regulation, any action taken by the commission with regard to unlawful aid interrupts this limitation period. (335) further to germany's submission of the 2010 annual report on state aid in the agricultural sector, the commission asked germany by letter of 28 november 2011 to provide additional information on the scheme. this action by the commission interrupted the limitation period. in line with the ten-year limitation period referred to in paragraph 334, this decision therefore relates to the period from 28 november 2001. (336) the commission finds that the aid granted to nordmilch eg in the period 2002-2003 under measure ni 6 (see paragraph 289) is not compatible with the internal market. this aid must be recovered. (337) the commission also finds that the aid granted under measure rp 2 to undertakings not falling under the definition of smes, in particular to muh arla eg and hochwald foods gmbh (see paragraph 307) and the aid granted in respect of repeated participation in a particular fair or exhibition (see paragraph 308) are not compatible with the internal market. this aid must be recovered. (338) based on the suspensive effect of the formal procedure under article 108(3) tfeu, the commission is examining measure rp 2 from 1 january 2007 up to 17 july 2013, the date on which the commission notified germany of its decision to initiate proceedings under article 108(2) tfeu. 7. conclusion (339) the commission finds that germany has unlawfully implemented the aid schemes in question in question in breach of article 108(3) of the treaty on the functioning of the european union. this aid is, with the exception of the aid cases mentioned in the following recital, compatible with the internal market (see paragraphs 289, 309 and 333). (340) the commission finds that the aid granted under measure ni 6 to nordmilch eg and the aid granted under measure rp 2 to muh arla eg and hochwald foods gmbh, and the aid granted under measure rp 2 in respect of repeated participation in a particular fair or exhibition (see paragraphs 290 and 310) are not compatible with the internal market. this aid must be recovered, has adopted this decision: article 1 state aid granted unlawfully by germany between 28 november 2001 and 31 december 2006 (measures by 3, by 10, bw 4, bb 1, bb 3, he 2, he 3, he 9, ni 5, ni 6, ni 7, nw 4, nw 5, nw 6, rp 1, rp 5, sl 2, sl 5, th 3, th 4, th 9, th 10, bw 10, bw 11, ni 1 and th 5) or between 1 january 2007 and 17 july 2013 (measure rp 2) in breach of article 108(3) tfeu is compatible with the internal market, with the exception of that referred to in article 2. article 2 state aid granted by germany in 2002 and 2003 to nordmilch eg as part of measure ni 6, in breach of article 108(3) tfeu, is incompatible with the internal market. the aid granted by germany between 1 january 2007 and 17 july 2013, in breach of article 108(3) tfeu, under measure rp 2 to undertakings not falling under the definition of smes, in particular to muh arla eg and hochwald foods gmbh, is incompatible with the internal market. state aid granted by germany between 1 january 2007 and 17 july 2013, in breach of article 108(3) tfeu, under measure rp 2 in respect of repeated participation in a particular fair or exhibition, is incompatible with the internal market. article 3 individual aid granted under the scheme referred to in article 2 does not constitute aid if, at the time it was granted, it met the conditions laid down in a regulation adopted pursuant to article 2 of council regulation (eu) 2015/1588 (81) and that regulation was applicable at the time the aid was granted. article 4 individual aid granted under the scheme referred to in article 2 which, at the time the aid is granted, fulfils the conditions laid down in a regulation adopted pursuant to article 1 of regulation (eu) 2015/1588 or by any other approved aid scheme, is compatible with the internal market, up to the maximum aid intensities applicable to this type of aid. article 5 1. the federal republic of germany shall recover from the beneficiaries the aid that was granted in relation to the aid schemes referred to in article 2 and that is incompatible with the internal market. 2. the amount to be recovered shall bear interest from the date on which it was put at the disposal of the beneficiaries until its actual recovery. 3. the interest shall be calculated on a compound basis in accordance with chapter v of regulation (ec) no 794/2004 and commission regulation (ec) no 271/2008 (82) amending regulation (ec) no 794/2004. 4. germany shall cancel all outstanding payments of aid under the schemes referred to in article 2 with effect from the date of adoption of this decision. article 6 1. recovery of the aid granted under the schemes referred to in article 2 shall be immediate and effective. 2. germany shall ensure that this decision is implemented within four months of the date of notification of the decision. article 7 1. within two months following notification of this decision, germany shall submit the following information to the commission: (a) the list of beneficiaries that have received aid under the schemes referred to in article 2 and the total amount of aid received by each of them under the schemes; (b) the total amount (principal and recovery interest) to be recovered from each beneficiary; (c) a detailed description of the measures already taken or planned to comply with this decision; (d) documents demonstrating that the beneficiaries have been ordered to repay the aid. 2. germany shall keep the commission informed of the progress of the national measures taken to implement this decision until recovery of the aid granted in accordance with the schemes referred to in article 2 has been completed. upon request by the commission, germany shall immediately submit information on the measures already taken or planned to comply with this decision. it shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries. article 8 this decision is addressed to the federal republic of germany. germany is requested to forward a copy of this decision to the beneficiaries of the aid without delay. done at brussels, 29 may 2017. for the commission phil hogan member of the commission (1) with effect from 1 december 2009, articles 87 and 88 of the ec treaty have become articles 107 and 108, respectively, of the tfeu. the two sets of articles 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 where appropriate. (2) council regulation (ec) no 659/1999 of 22 march 1999 laying down detailed rules for the application of article 108 of the treaty on the functioning of the european union (oj l 83, 27.3.1999, p. 1). (3) 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). with effect from 14 november 2015, this council regulation repeals regulation (ec) no 659/1999 and replaces these rules. in accordance with article 35 of regulation (eu) 2015/1589, references to the repealed regulation are regarded as references to regulation (eu) 2015/1589 and must be read in accordance with the correlation table in annex ii to that regulation. (4) see footnote 3. (5) most recently by article 397 of the regulation of 31 august 2015 (bgbl. i, p. 1474). (6) pp. 34-36 (7) commission regulation (ec) no 1857/2006 of 15 december 2006 on the application of articles 87 and 88 of the ec treaty to state aid to small and medium-sized enterprises active in the production of agricultural products and amending regulation (ec) no 70/2001 (oj l 358, 16.12.2006, p. 3). (8) community guidelines for state aid in the agriculture and forestry sector 2007 to 2013 (oj c 319, 27.12.2006, p. 1). (9) pp. 37-39 (10) p. 38 (11) p. 43 (12) p. 47 (13) oj c 28, 1.2.2000, p. 2. (14) pp. 39-40 (15) pp. 40-41 (16) communication dated 27 february 2015, p. 47. (17) communication of september 2013, pp. 41-42. (18) pp. 43-47 (19) pp. 43-47 (20) p. 55 (21) p. 56 (22) in this regard, german authorities gave assurances that no legally binding commitments had been made towards beneficiaries in 2001 (in the period relevant for the examination). (23) p. 43 (24) pp. 58-59 (25) pp. 70-74 (26) p. 76 (27) communication of february 2013. (28) the legal basis for promotional activities in rhineland-palatinate is set in decision no 381/2009 on state aid entitled agrarmarketingma nahmen in rheinland-pfalz. (29) p. 43 (30) communication of 27 february 2015, p. 48. (31) p. 80 (32) p. 82 (33) p. 83 (34) p. 84 (35) p. 85 (36) oj c 319, 27.12.2006, p. 1. (37) commission regulation (ec) no 70/2001 of 12 january 2001 on the application of articles 87 and 88 of the ec treaty to state aid to small and medium-sized enterprises (oj l 10, 13.1.2001, p. 33). (38) on 1 july 2014, commission regulation (ec) no 800/2008 of 6 august 2008 declaring certain categories of aid compatible with the common market in application of articles 87 and 88 of the treaty (general block exemption regulation) (oj l 214, 9.8.2008, p. 3) was repealed by commission regulation (eu) no 651/2014 of 17 june 2014 declaring certain categories of aid compatible with the internal market in application of articles 107 and 108 of the treaty on the functioning of the european union (oj l 187, 26.6.2014, p. 1). (39) paragraph 244 of the opening decision. (40) p. 77 (41) this regulation was repealed on 1 july 2014 by commission regulation (eu) no 702/2014 of 25 june 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of articles 107 and 108 of the treaty on the functioning of the european union (oj l 193, 1.7.2014, p. 1). (42) the qm-milch milk quality management system is a nationwide business-to-business standard for milk production set for milk producers and dairy plants, which was recognised as a basis for certification testing. (43) paragraph 66 of the opening decision. (44) paragraph 253 of the opening decision. (45) p. 11 (46) comments of 20 september 2013, p. 12. (47) comments of 20 september 2013, p. 12. (48) comments of september 2013, p. 50. (49) p. 50 (50) comments of 20 september 2013, pp. 83-84. (51) section 3.3. (52) the commission received comments from the landesvereinigung der milchwirtschaft niedersachsen e.v. on all measures financed via the milk levy in general and not only on the sub-measures at stake here. the association argued that there was no aid. a full description of these comments is given in commission decision (eu) 2015/2432 of 18 september 2015 concerning state aid sa.35484 (2013/c) (ex sa.35484 (2012/nn)) granted by germany in respect of milk quality tests pursuant to the milk and fat law (oj l 334, 22.12.2015, p. 23). (53) judgment of the court of 20 november 2003, minist re de l' conomie, des finances et de l'industrie v gemo, c-126/01, eu:c:2003:622, paragraph 23. (54) judgment of the court of 20 november 2003, case c-126/01, minist re de l' conomie, des finances et de l'industrie v gemo, c-126/01, eu:c:2003:622, i-13769, paragraph 24. (55) for example, in lower saxony: ordinance on the collection of a levy within the dairy industry of 26 november 2004 (official gazette of lower saxony no 36/2004, p. 519), amended by article 6 of the ordinance of 22 december 2005 (official gazette of lower saxony no 31/2005, p. 475). (56) judgment of the court of 30 may 2013 in case c-677/11 doux levage snc and coop rative agricole ukl-arree v minist re de l'agriculture, c-677/11, eu:c:2013:348, paragraphs 32, 35 and 38. (57) judgment of the court of 17 september 1980, philip morris holland bv v commission, c-730/79, eu:c:1980:209, paragraphs 11 and 12. (58) see in particular judgment of 13 july 1988, french republic v commission, ecli:eu:c:1988:391, paragraph 19. (59) commission implementing regulation (eu) no 927/2012 of 9 october 2012 amending annex i to council regulation (eec) no 2658/87 on the tariff and statistical nomenclature and on the common customs tariff (oj l 304, 31.10.2012, p. 1). (60) source: eurostat. (61) 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). (62) judgment of the court of 30 april 2002, gibraltar v commission, t-195/01 and t-207/01, ecli:eu:t:2002:111, paragraph 111. (63) see recital 17. (64) bavaria: verordnung ber eine umlage f r milch (ordinance on a levy for milk) of 30 june 1983 (gvbl p. 547); baden-w rttemberg: verordnung ber die erhebung von milchwirtschaftlichen umlagen (ordinance on the charging of levies in respect of the dairy industry) of 18 may 2004 (gbl. pp. 350, 355); north rhine-westphalia: verordnung ber umlagen zur f rderung der milchwirtschaft (ordinance on levies to support the dairy industry) of 30 november 1965 (gv. nw. 1965, p. 349); e.g. rhineland palatinate: landesverordnung zur durchf hrung des milch- und fettgesetzes (land ordinance implementing the milk and fat law) of 16 august 1960 (gvbl. p. 218, bs 7842-2); brandenburg verordnung zur bertragung der erm chtigungen zum erlass von rechtsverordnungen nach dem milch- und fettgesetz (ordinance implementing the delegated powers pursuant to the milk and fat law ermvo) of 5 december 1992 (gvbl.ii/92, [no 72], p. 764); hessen verordnung ber die erhebung einer umlage zur f rderung der milchwirtschaft (ordinance on the collection of a levy to promote the dairy industry) of 1 december 1981 (gvbl. i 1981 p. 427); saarland: verordnung ber die erhebung einer umlage auf dem gebiet der milchwirtschaft (ordinance on the collection of a levy within the dairy industry) of 9 december 1982 (official gazette 1982, p. 1007); thuringia: th ringer verordnung ber die erhebung einer umlage zur f rderung der milchwirtschaft (thuringian ordinance on the collection of a levy to promote the dairy industry) of 27 november 2001 (gvbl. 2000, 20). in lower saxony, the milk levy was introduced by the order on the collection of a levy within the dairy industry of 6 july 1951, in the version of the order of 25 march 1952 (official gazette of lower saxony, sb. i p. 689). however, the collection of the levy during the relevant period for state aid purposes was based on the ordinance on the collection of a levy within the dairy industry of 22 may 1973 (official gazette of lower saxony, p. 179), and the use of the funds raised by the levy was regulated by the land guidelines on the awarding of grants to support the dairy industry in lower saxony pursuant to section 22(2) of the milk and fat law of 8 november 1985 (ministerial gazette of lower saxony no 43/1985). (65) oj c 119, 22.5.2002, p. 22. (66) the german language version of the 2000-2006 guidelines contains an exhaustive list of eligible costs. however, the english version, in which the guidelines were originally drafted, cites the same eligible costs as examples and not as an exhaustive list. the same is true of the french language version. (67) opening decision, paragraphs 235-236: for this purpose, the commission referred in paragraph 236 of the opening decision to the german version of the 2000-2006 guidelines and considered that, pursuant to point 14.1, aid may be granted only for the dissemination of new methodologies (see footnote 72). (68) see footnote 24 of this decision. (69) figures: 2009; source: http://www.nordmilch.de/unternehmen/geschichte/. in april 2011, nordmilch gmbh and humana milchindustrie gmbh merged to form dmk deutsches milchkontor gmbh. (70) oj l 107, 30.4.1996, p. 4. (71) in its communication dated 27 february 2015, germany stated that a recovery of this aid had already been examined (see paragraph 68). (72) this was confirmed by milag in connection with measure rp 5 as well, in their comments of 10 february (see paragraph 153). (73) see footnote 79. (74) now article 107(3)(c) tfeu. (75) on 1 july 2014, regulation (ec) no 800/2008 was repealed by regulation (eu) no 651/2014. (76) opening decision, paragraph 244. (77) source: http://www.arlafoods.de/ubersicht/presse/2012/pressrelease/eu-genehmigt-fusion-der-milch-union-hocheifel-und-arla-836614/ (78) source: https://www.hochwald.de/de/unternehmen/zahlen-fakten.html (79) point 9 of the 2007-2013 guidelines refers in this context to annex i to regulation (ec) no 70/2001, which was replaced on 29 august 2008 by annex i to regulation (ec) no 800/2008. (80) opening decision, paragraph 253. (81) council regulation (eu) 2015/1588 of 13 july 2015 on the application of articles 107 and 108 of the treaty on the functioning of the european union to certain categories of horizontal state aid (oj l 248, 24.9.2015, p. 1). (82) 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: commission implementing decision (eu) 2017/2379 of 18 december 2017 on recognition of the report of canada including typical greenhouse gas emissions from cultivation of agricultural raw materials pursuant to directive 2009/28/ec of the european parliament and of the council (notified under document c(2017) 8801) type: decision_impl subject matter: america; environmental policy; deterioration of the environment; agricultural activity; plant product; documentation date published: 2017-12-19 19.12.2017 en official journal of the european union l 337/86 commission implementing decision (eu) 2017/2379 of 18 december 2017 on recognition of the report of canada including typical greenhouse gas emissions from cultivation of agricultural raw materials pursuant to directive 2009/28/ec of the european parliament and of the council (notified under document c(2017) 8801) the european commission, having regard to the treaty on the functioning of the european union, 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 (1), and in particular article 19(4) thereof, whereas: (1) on 14 march 2016, canada submitted a report presenting the results of calculations of greenhouse gas emissions from the cultivation of canola for regions of canada similar to the nuts2 regions in the eu. (2) after examination of the report submitted by canada, the commission considers that it complies with the conditions set out in directive 2009/28/ec to allow a third country to use typical values for a smaller geographical area (canadian regions) than that used in the calculation of the default values: the data of this report refer to emissions from cultivation of agricultural raw materials (canola oilseed); the typical greenhouse gas emissions from the cultivation of canola oilseed can be expected to be lower than or equal to the emissions that were assumed in the calculation of the relevant default values; and these typical greenhouse gas emissions have been reported to the commission. (3) 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 commission considers that the report submitted for recognition by canada on 14 march 2016 contains accurate data for measuring the greenhouse gas emissions associated with the cultivation of canola oilseed produced in the canadian regions as nuts 2 equivalent regions for the purposes of article 17(2) of directive 2009/28/ec. a summary of the data contained in the report is set out in the annex. article 2 this decision is valid for a period of 5 years. if the content or circumstances of the report, as submitted for recognition to the commission on 14 march 2016, change in a way that might affect the conditions required for the recognition made in article 1, such changes shall be notified to the commission without delay. the commission shall assess the notified changes with a view to establishing whether the report is still providing accurate data. article 3 the commission may repeal this decision if it has been clearly demonstrated that the report does not contain any longer accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of canola oilseed produced in canada. article 4 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, 18 december 2017. for the commission the president jean-claude juncker (1) oj l 140, 5.6.2009, p. 16. annex ghg emissions arising from canola cultivation in canadian regions single emissions (kg co2eq/dry-ton) total emissions region seeding fertilizer production n2o field emissions pesticide production field operations (kg co2eq/dry-ton) kg co2eq/mj fame ru 23 2,4 262,5 523,5 4,2 73,1 865,7 33 ru 24 2,2 266,5 510,6 3,7 64,9 847,9 33 ru 28 2,5 212,8 499,5 3,8 71,4 790,0 30 ru 29 2,5 203,1 319,4 3,6 63,4 592,0 23 ru 30 2,2 190,2 206,5 2,8 55,1 456,8 18 ru 34 2,2 170,4 421,2 3,3 57,7 654,8 25 ru 35 1,9 154,2 338,4 2,6 54,9 552,0 21 ru 37 2,1 166,6 198,2 2,8 58,3 428,0 16 note: a ru is the smallest spatial unit at which activity data from the different sources (such as aafc -agriculture and agrifood - canada, canadian government and canadian forest service) can be harmonized. rus are aafc reporting zones subdivided by provincial boundaries. a ru is therefore within a single province. the rus in canada fulfil the administrative and population requirements of the nuts 2 concept.

name: commission implementing decision (eu) 2017/2376 of 15 december 2017 amending implementing decision (eu) 2015/348 as regards the consistency of the revised targets in the key performance area of cost-efficiency included in the amended national or functional airspace block plans submitted by malta, bulgaria and poland (notified under document c(2017) 8433) (text with eea relevance. ) type: decision_impl subject matter: air and space transport; europe; international law; organisation of transport; transport policy; accounting date published: 2017-12-19 19.12.2017 en official journal of the european union l 337/68 commission implementing decision (eu) 2017/2376 of 15 december 2017 amending implementing decision (eu) 2015/348 as regards the consistency of the revised targets in the key performance area of cost-efficiency included in the amended national or functional airspace block plans submitted by malta, bulgaria and poland (notified under document c(2017) 8433) (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 549/2004 of the european parliament and the council of 10 march 2004 laying down the framework for the creation of the single european sky (the framework regulation) (1), and in particular article 11(3)(c) thereof, having regard to commission implementing regulation (eu) no 390/2013 of 3 may 2013 laying down a performance scheme for air navigation services and network functions (2), and in particular article 14(2) thereof, whereas: (1) in accordance with regulation (ec) no 549/2004, the member states are to adopt national or functional airspace block (fab) plans, including binding national targets or targets at the level of fabs, ensuring consistency with the union-wide performance targets. regulation (ec) no 549/2004 also provides that the commission is to assess the consistency of those targets on the basis of the assessment criteria referred to in point (d) of article 11(6) of that regulation. detailed rules in this regard have been set out in implementing regulation (eu) no 390/2013. (2) following the assessment of the performance plans, the commission adopted implementing decision (eu) 2015/348 (3) which established, inter alia, that the targets in the key performance area of cost-efficiency included in the performance plans submitted by malta, bulgaria and poland were consistent with the union-wide performance targets for the second reference period (2015-2019). (3) the commission subsequently adopted commission implementing decision (eu) 2017/1985 (4), allowing those member states, upon their request, to revise their targets in the key performance area of cost-efficiency for the years 2017, 2018 and 2019, in accordance with article 17(1) of implementing regulation (eu) no 390/2013. (4) on that basis, malta, bulgaria and poland each revised those targets and amended their performance plans accordingly and submitted them to the commission with the request to allow for the revision in 2016. (5) the commission assessed those amended plans and, in particular, the revised targets, in accordance with article 14 of implementing regulation (eu) no 390/2013. the consistency of the targets in the key performance area of cost-efficiency, expressed in en route determined unit costs, with the union-wide targets has been assessed in accordance with the principles laid down in point 5, in conjunction with point 1, of annex iv to implementing regulation (eu) no 390/2013, by taking account of, in particular, the trend of en route determined unit costs over the second reference period in relation to the targeted reduction of 3,3 % per year on average and over the combined period of the first and the second reference period (2012-2019) in relation to the targeted reduction of 1,7 % per year on average, as well as the level of en route determined unit costs in comparison to member states having a similar operational and economic environment. (6) as regards malta, the assessment showed that the revised targets are based on a planned reduction of its en route determined unit costs over the second reference period by 3 % per year on average. this is marginally below the targeted reduction of the average union-wide en route determined unit costs over that period. however, over the combined period of the first and the second reference period the planned en route determined unit costs decrease at a higher rate ( 4,6 %) than the the union-wide target. furthermore, malta's revised target for 2019 is based on planned en route determined unit costs that are significantly below (40,4 %) the average en route determined unit costs of member states having a similar operational and economic environment to the one of malta. the commission therefore considers that the revised targets of malta for the years 2017, 2018 and 2019 are consistent with the union-wide targets in the key performance area of cost-efficiency for the second reference period. (7) as regards bulgaria, the assessment showed that the revised targets are based on a planned reduction of its en route determined unit costs over the second reference period by 1,1 % per year on average. this is below the targeted reduction of the average union-wide en route determined unit costs over that period. however, over the combined period of the first and the second reference period the planned en route determined unit costs decrease at a higher rate ( 2,3 %) than the union-wide target. furthermore, bulgaria's revised target for 2019 is based on planned en route determined unit costs that are below (3,0 %) the average en route determined unit costs of member states having a similar operational and economic environment to the one of bulgaria. the commission therefore considers that the revised targets of bulgaria for the years 2017, 2018 and 2019 are consistent with the union-wide targets in the key performance area of cost-efficiency for the second reference period. (8) as regards poland, the assessment showed that the revised targets are based on a planned reduction of its en route determined unit costs over the second reference period by 0,1 % per year on average. this is below the targeted reduction of the average union-wide en route determined unit costs over that period. over the combined period of the first and the second reference period the planned en route determined unit costs increase (+ 1,4 % per year on average). however, poland's revised target for 2019 is based on planned en route determined unit costs that are significantly below (14,9 %) the average en route determined unit costs of member states having a similar operational and economic environment to the one of poland. considering that favourable level of en route determined unit costs, and taking into account the specific circumstances which explain the unfavourable trend of en route determined unit costs, notably the taking of necessary measures related to safety, the commission considers that, on balance, the revised targets of poland for the years 2017, 2018 and 2019 are consistent with the union-wide targets in the key performance area of cost-efficiency for the second reference period. (9) implementing decision (eu) 2015/348 should therefore be amended, so as to take account of the revised targets of bulgaria, malta and poland. has adopted this decision: article 1 the annex to implementing decision (eu) 2015/348 is replaced by the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 15 december 2017. for the commission violeta bulc member of the commission (1) oj l 96, 31.3.2004, p. 1. (2) oj l 128, 9.5.2013, p. 1. (3) commission implementing decision (eu) 2015/348 of 2 march 2015 concerning the consistency of certain targets included in the national or functional airspace block plans submitted pursuant to regulation (ec) no 549/2004 of the european parliament and of the council with the union-wide performance targets for the second reference period (oj l 60, 4.3.2015, p. 55). (4) commission implementing decision (eu) 2017/1985 of 31 october 2017 allowing targets in the key performance area of cost-efficiency for the years 2017, 2018 and 2019 for air navigation services of malta, bulgaria, and poland to be revised in accordance with article 17(1) of implementing regulation (eu) no 390/2013 (oj l 287, 4.11.2017, p. 28). annex annex performance targets in the key performance areas of safety, environment, capacity and cost-efficiency included in the national or functional airspace block plans submitted pursuant to regulation (ec) no 549/2004 found to be consistent with the union-wide performance targets for the second reference period key performance area of safety effectiveness of safety management (eosm) and the application of the severity classification based on the risk analysis tool (rat) methodology member state fab eosm atm ground level % (rat) atm overall level % (rat) state level ansp level 2017 2019 2017 2019 sc other mo smi ri's atm-s smi ri's atm-s smi ri's atm-s smi ri's atm-s austria fab ce c d d 94,17 93,33 80 100 100 100 80 80 80 80 80 100 croatia czech republic hungary slovak republic slovenia ireland uk ir c c d 80 80 80 100 100 100 80 80 80 80 80 100 united kingdom belgium/lux fab ec c c d 80 80 80 100 100 100 80 80 80 80 80 100 france germany the netherlands [switzerland] poland baltic c c d 80 80 80 100 100 100 80 80 80 90 90 100 lithuania cyprus blue med c c d 80 80 80 100 100 100 80 80 80 95 95 100 greece italy malta bulgaria danube c c d 90 90 80 100 100 100 80 85 80 90 90 100 romania denmark dk se c c d 80 80 80 100 100 100 80 80 80 80 80 100 sweden estonia nefab c c d 95 95 85 100 100 100 90 90 85 100 100 100 finland latvia [norway] portugal sw c d d 90 90 90 100 100 100 80 80 90 80 80 100 spain abbreviations: sc : management objective safety culture as referred to in point 1.1(a) of section 2 of annex i to implementing regulation (eu) no 390/2013 other mo : management objectives as listed in point 1.1(a) of section 2 of annex i to implementing regulation (eu) no 390/2013 other than safety culture ris : runway incursions smi : separation minima infringements atm-s : atm-specific occurrences key performance area of environment horizontal en route flight efficiency of the actual trajectory member state fab fab target environment (%) 2019 austria fab ce 1,81 croatia czech republic hungary slovak republic slovenia ireland uk ir 2,99 united kingdom belgium/lux fab ec 2,96 france germany the netherlands [switzerland] poland baltic 1,36 lithuania cyprus blue med 2,45 greece italy malta bulgaria danube 1,37 romania denmark dk se 1,19 sweden estonia nefab 1,22 finland latvia [norway] portugal sw 3,28 spain key performance area of capacity en route air traffic flow management (atfm) delay in min/flight member state fab fab target en-route capacity 2015 2016 2017 2018 2019 ireland uk ir 0,25 0,26 0,26 0,26 0,26 united kingdom poland baltic 0,21 0,21 0,21 0,22 0,22 lithuania denmark dk se 0,10 0,10 0,10 0,09 0,09 sweden estonia nefab 0,12 0,12 0,13 0,13 0,13 finland latvia [norway] key performance area of cost-efficiency legend: key item units (a) total en route determined costs (in nominal terms and in national currency) (b) inflation rate (%) (c) inflation index (100 = 2009) (d) total en route determined costs (in real 2009 prices and in national currency) (e) total en route services units (tsus) (f) en route determined unit cost (duc) (in real 2009 prices and in national currency) baltic fab charging zone: lithuania currency: eur 2015 2016 2017 2018 2019 (a) 23 316 993 23 342 321 24 186 978 25 093 574 25 748 766 (b) 1,7 % 2,2 % 2,5 % 2,2 % 2,2 % (c) 112,9 115,4 118,4 121,0 123,7 (d) 20 652 919 20 223 855 20 434 886 20 737 566 20 814 037 (e) 490 928 508 601 524 877 541 672 559 548 (f) 42,07 39,76 38,93 38,28 37,20 charging zone: poland currency: pln 2015 2016 2017 2018 2019 (a) 658 592 342 687 375 337 807 874 605 840 660 505 795 098 157 (b) 2,4 % 2,5 % 1,1 % 1,9 % 2,4 % (c) 115,9 118,7 111,3 113,4 116,1 (d) 568 474 758 578 848 069 725 678 008 741 339 221 685 060 982 (e) 4 362 840 4 544 000 4 299 929 4 419 000 4 560 000 (f) 130,30 127,39 168,77 167,76 150,23 blue med fab charging zone: cyprus currency: eur 2015 2016 2017 2018 2019 (a) 52 708 045 53 598 493 55 916 691 57 610 277 59 360 816 (b) 1,6 % 1,7 % 1,7 % 1,8 % 2,0 % (c) 112,9 114,8 116,8 118,9 121,3 (d) 46 681 639 46 676 772 47 881 610 48 459 560 48 952 987 (e) 1 395 081 1 425 773 1 457 140 1 489 197 1 521 959 (f) 33,46 32,74 32,86 32,54 32,16 charging zone: greece currency: eur 2015 2016 2017 2018 2019 (a) 147 841 464 151 226 557 155 317 991 156 939 780 164 629 376 (b) 0,3 % 1,1 % 1,2 % 1,3 % 1,6 % (c) 107,9 109,1 110,4 111,8 113,6 (d) 136 958 572 138 630 543 140 635 901 140 350 008 144 936 752 (e) 4 231 888 4 318 281 4 404 929 4 492 622 4 599 834 (f) 32,36 32,10 31,93 31,24 31,51 charging zone: malta currency: eur 2015 2016 2017 2018 2019 (a) 17 736 060 19 082 057 20 694 940 21 720 523 22 752 314 (b) 1,7 % 1,8 % 1,7 % 1,7 % 1,7 % (c) 111,9 114,0 115,9 117,9 119,9 (d) 15 844 908 16 745 957 17 857 802 18 429 483 18 982 242 (e) 609 000 621 000 880 000 933 000 990 000 (f) 26,02 26,97 20,29 19,75 19,17 danube fab charging zone: bulgaria currency: bgn 2015 2016 2017 2018 2019 (a) 166 771 377 172 805 739 219 350 068 228 283 095 232 773 544 (b) 0,9 % 1,8 % 1,1 % 1,2 % 1,4 % (c) 110,1 112,1 106,9 108,1 109,7 (d) 151 495 007 154 219 178 205 254 233 211 080 244 212 260 655 (e) 2 627 000 2 667 000 3 439 000 3 611 824 3 745 039 (f) 57,67 57,82 59,68 58,44 56,68 charging zone: romania currency: ron 2015 2016 2017 2018 2019 (a) 690 507 397 704 650 329 718 659 958 735 119 853 753 216 461 (b) 3,1 % 3,0 % 2,8 % 2,8 % 2,7 % (c) 126,9 130,7 134,4 138,2 141,9 (d) 543 963 841 538 937 162 534 681 066 532 030 334 530 795 951 (e) 4 012 887 4 117 019 4 219 063 4 317 155 4 441 542 (f) 135,55 130,90 126,73 123,24 119,51 denmark-sweden fab charging zone: denmark currency: dkk 2015 2016 2017 2018 2019 (a) 726 872 134 724 495 393 735 983 926 749 032 040 750 157 741 (b) 1,8 % 2,2 % 2,2 % 2,2 % 2,2 % (c) 111,6 114,1 116,6 119,1 121,8 (d) 651 263 654 635 160 606 631 342 985 628 704 443 616 095 213 (e) 1 553 000 1 571 000 1 589 000 1 608 000 1 628 000 (f) 419,36 404,30 397,32 390,99 378,44 charging zone: sweden currency: sek 2015 2016 2017 2018 2019 (a) 1 951 544 485 1 974 263 091 1 970 314 688 1 964 628 986 1 958 887 595 (b) 1,6 % 2,4 % 2,1 % 2,0 % 2,0 % (c) 106,1 108,6 110,9 113,1 115,4 (d) 1 840 204 091 1 817 994 673 1 777 040 937 1 737 169 570 1 698 130 296 (e) 3 257 000 3 303 000 3 341 000 3 383 000 3 425 000 (f) 565,00 550,41 531,89 513,50 495,80 fab ce charging zone: croatia currency: hrk 2015 2016 2017 2018 2019 (a) 670 066 531 687 516 987 691 440 691 687 394 177 674 346 800 (b) 0,2 % 1,0 % 1,5 % 2,5 % 2,5 % (c) 109,2 110,4 112,0 114,8 117,7 (d) 613 414 184 622 991 131 617 287 272 598 707 050 573 017 597 (e) 1 763 000 1 783 000 1 808 000 1 863 185 1 926 787 (f) 347,94 349,41 341,42 321,34 297,40 charging zone: czech republic currency: czk 2015 2016 2017 2018 2019 (a) 3 022 287 900 3 087 882 700 3 126 037 100 3 149 817 800 3 102 014 900 (b) 1,9 % 2,0 % 2,0 % 2,0 % 2,0 % (c) 111,5 113,7 116,0 118,3 120,7 (d) 2 710 775 667 2 715 303 433 2 694 955 079 2 662 212 166 2 570 401 338 (e) 2 548 000 2 637 000 2 717 000 2 795 000 2 881 000 (f) 1 063,88 1 029,69 991,89 952,49 892,19 charging zone: hungary currency: huf 2015 2016 2017 2018 2019 (a) 28 133 097 383 29 114 984 951 29 632 945 277 30 406 204 408 31 345 254 629 (b) 1,8 % 3,0 % 3,0 % 3,0 % 3,0 % (c) 119,3 122,8 126,5 130,3 134,2 (d) 23 587 547 923 23 699 795 100 23 418 852 735 23 330 056 076 23 350 067 982 (e) 2 457 201 2 364 165 2 413 812 2 453 639 2 512 526 (f) 9 599,36 10 024,60 9 702,02 9 508,35 9 293,46 charging zone: slovenia currency: eur 2015 2016 2017 2018 2019 (a) 32 094 283 33 168 798 33 870 218 34 392 801 35 029 005 (b) 1,6 % 2,1 % 1,9 % 2,0 % 2,0 % (c) 111,9 114,3 116,5 118,8 121,2 (d) 28 675 840 29 018 678 29 079 819 28 949 500 28 906 876 (e) 481 500 499 637 514 217 529 770 546 470 (f) 59,56 58,08 56,55 54,65 52,90 nefab charging zone: estonia currency: eur 2015 2016 2017 2018 2019 (a) 23 098 175 24 757 151 25 985 553 27 073 003 28 182 980 (b) 3,0 % 3,1 % 3,0 % 3,0 % 3,0 % (c) 123,3 127,1 130,9 134,8 138,9 (d) 18 739 585 19 481 586 19 852 645 20 081 013 20 295 459 (e) 774 641 801 575 827 117 855 350 885 643 (f) 24,19 24,30 24,00 23,48 22,92 charging zone: finland currency: eur 2015 2016 2017 2018 2019 (a) 45 050 000 45 596 000 46 064 000 46 321 000 46 468 000 (b) 1,5 % 1,7 % 1,9 % 2,0 % 2,0 % (c) 114,4 116,4 118,6 121,0 123,4 (d) 39 368 663 39 179 750 38 843 860 38 294 684 37 662 953 (e) 792 600 812 000 827 000 843 000 861 000 (f) 49,67 48,25 46,97 45,43 43,74 charging zone: latvia currency: eur 2015 2016 2017 2018 2019 (a) 22 680 662 23 118 000 23 902 000 24 692 818 25 534 000 (b) 2,5 % 2,3 % 2,3 % 2,3 % 2,3 % (c) 109,7 112,2 114,8 117,4 120,1 (d) 20 683 885 20 603 685 20 823 477 21 028 777 21 256 247 (e) 802 000 824 000 844 000 867 000 890 000 (f) 25,79 25,00 24,67 24,25 23,88 sw fab charging zone: portugal currency: eur 2015 2016 2017 2018 2019 (a) 111 331 252 117 112 878 121 117 127 124 427 807 127 871 286 (b) 1,2 % 1,5 % 1,5 % 1,5 % 1,5 % (c) 110,5 112,2 113,8 115,5 117,3 (d) 100 758 704 104 424 905 106 399 345 107 692 336 109 037 112 (e) 3 095 250 3 104 536 3 122 232 3 147 209 3 171 128 (f) 32,55 33,64 34,08 34,22 34,38 spain charging zone: spain continental currency: eur 2015 2016 2017 2018 2019 (a) 620 443 569 622 072 583 622 240 962 625 580 952 627 777 294 (b) 0,8 % 0,9 % 1,0 % 1,0 % 1,1 % (c) 110,6 111,6 112,7 113,9 115,1 (d) 561 172 369 557 638 172 552 025 959 549 379 889 545 563 910 (e) 8 880 000 8 936 000 9 018 000 9 128 000 9 238 000 (f) 63,20 62,40 61,21 60,19 59,06 charging zone: spain canarias currency: eur 2015 2016 2017 2018 2019 (a) 98 528 223 98 750 683 99 003 882 98 495 359 98 326 935 (b) 0,8 % 0,9 % 1,0 % 1,0 % 1,1 % (c) 110,6 111,6 112,7 113,9 115,1 (d) 89 115 786 88 522 066 87 832 072 86 497 790 85 450 091 (e) 1 531 000 1 528 000 1 531 000 1 537 000 1 543 000 (f) 58,21 57,93 57,37 56,28 55,38 uk-ir fab charging zone: ireland currency: eur 2015 2016 2017 2018 2019 (a) 118 046 200 121 386 700 125 595 100 129 364 400 130 778 800 (b) 1,1 % 1,2 % 1,4 % 1,7 % 1,7 % (c) 103,7 105,0 106,4 108,2 110,1 (d) 113 811 728 115 644 664 118 001 964 119 511 684 118 798 780 (e) 4 000 000 4 049 624 4 113 288 4 184 878 4 262 135 (f) 28,45 28,56 28,69 28,56 27,87 charging zone: united kingdom currency: gbp 2015 2016 2017 2018 2019 (a) 686 348 218 687 119 724 690 004 230 682 569 359 673 089 111 (b) 1,9 % 1,9 % 2,0 % 2,0 % 2,0 % (c) 118,2 120,5 122,9 125,3 127,8 (d) 580 582 809 570 397 867 561 561 156 544 617 914 526 523 219 (e) 10 244 000 10 435 000 10 583 000 10 758 000 10 940 000 (f) 56,68 54,66 53,06 50,62 48,13

name: commission implementing decision (eu) 2017/2378 of 15 december 2017 on the compliance of unit rates for charging zones for 2017 under article 17 of implementing regulation (eu) no 391/2013 (notified under document c(2017) 8501) type: decision_impl subject matter: transport policy; european organisations; prices; air and space transport; economic geography; marketing date published: 2017-12-19 19.12.2017 en official journal of the european union l 337/83 commission implementing decision (eu) 2017/2378 of 15 december 2017 on the compliance of unit rates for charging zones for 2017 under article 17 of implementing regulation (eu) no 391/2013 (notified under document c(2017) 8501) (only the croatian, czech, danish, dutch, english, estonian, finnish, french, german, greek, hungarian, italian, latvian, lithuanian, portuguese, romanian, slovak, slovenian, spanish 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 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 15(4) 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 17(1)(d) thereof, whereas: (1) implementing regulation (eu) no 391/2013 lays down a common charging scheme for air navigation services. the common charging scheme is an integral element in reaching the objectives of the performance scheme as established under article 11 of regulation (ec) no 549/2004 of the european parliament and of the council (3) and commission implementing regulation (eu) no 390/2013 (4). (2) commission implementing decision 2014/132/eu (5) sets the union-wide performance targets, including a cost-efficiency target for en route air navigation services expressed in determined unit costs for the provision of those services, for the second reference period, which covers the years 2015 to 2019 inclusive. (3) pursuant to article 17(1)(b) and (c) of implementing regulation (eu) no 391/2013, the commission is to assess the unit rates for charging zones for 2017 submitted by the member states to the commission by 1 june 2016 following the requirements of article 9(1) and 9(2) of that regulation. that assessment concerns the compliance of those unit rates with implementing regulations (eu) no 390/2013 and (eu) no 391/2013. (4) the commission has carried out its assessment of the unit rates with the support of eurocontrol's performance review unit, using the data and additional information provided by the member states by 1 november 2016. the commission assessment also took into account the explanations given and corrections made before the consultation meeting on the unit rates for 2017 for en route services that was held on 23 november 2016 in application of article 9(1) of implementing regulation (eu) no 391/2013, as well as the corrections made by member states to the unit rates following subsequent contacts with the commission. (5) on the basis of that assessment, the commission has found, in accordance with article 17(1)(d) of implementing regulation (eu) no 391/2013, that the unit rates for en route charging zones for 2017 submitted by austria, belgium, croatia, cyprus, the czech republic, denmark, estonia, finland, france, germany, hungary, ireland, italy, latvia, lithuania, luxembourg, the netherlands, portugal, romania, slovakia, slovenia, spain, sweden and the united kingdom are in compliance with implementing regulations (eu) no 390/2013 and (eu) no 391/2013. (6) pursuant to article 17(1)(d) of implementing regulation (eu) no 391/2013, the member states concerned should be notified of that finding. (7) the finding and notification that unit rates for charging zones are in compliance with implementing regulations (eu) no 390/2013 and (eu) no 391/2013 is without prejudice to article 16 of regulation (ec) no 550/2004. has adopted this decision: article 1 the unit rates for en route charging zones for 2017, set out in the annex, are in compliance with implementing regulations (eu) no 390/2013 and (eu) no 391/2013. article 2 this decision is addressed to the kingdom of belgium, the czech republic, the kingdom of denmark, the federal republic of germany, the republic of estonia, ireland, the kingdom of spain, the french republic, republic of croatia, the italian republic, the republic of cyprus, the republic of latvia, the republic of lithuania, the grand duchy of luxembourg, hungary, the kingdom of the netherlands, the republic of austria, the portugese republic, romania, the republic of slovenia, the slovak republic, the republic of finland, the kingdom of sweden and the united kingdom of great britain and northern ireland. done at brussels, 15 december 2017. 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. (3) regulation (ec) no 549/2004 of the european parliament and of the council of 10 march 2004 laying down the framework for the creation of the single european sky (the framework regulation) (oj l 96, 31.3.2004, p. 1). (4) commission implementing regulation (eu) no 390/2013 of 3 may 2013 laying down a performance scheme for air navigation services and network functions (oj l 128, 9.5.2013, p. 1). (5) commission implementing decision 2014/132/eu of 11 march 2014 setting the union-wide performance targets for the air traffic management network and alert thresholds for the second reference period 2015-19 (oj l 71, 12.3.2014, p. 20). annex charging zone 2017 en route unit rate in national currency (*1) 1 austria 72,71 2 belgium-luxembourg 67,46 3 croatia 346,74 4 cyprus 34,32 5 czech republic 1 134,76 6 denmark 450,23 7 estonia 28,46 8 finland 56,23 9 france 67,00 10 germany 69,36 11 hungary 10 898,29 12 ireland 29,54 13 italy 80,00 14 latvia 27,46 15 lithuania 44,42 16 netherlands 66,26 17 portugal 40,12 18 romania 149,21 19 slovakia 52,54 20 slovenia 64,60 21 spain canarias 58,36 22 spain continental 71,69 23 sweden 580,71 24 united kingdom 64,54 (*1) these unit rates do not include the administrative unit rate referred to in article 18(1) of implementing regulation (eu) no 391/2013 and which applies to states party to eurocontrol's multilateral agreement relating to route charges.

name: commission implementing decision (eu) 2017/2354 of 14 december 2017 authorising an extension of use of chia seeds (salvia hispanica) as a novel food ingredient under regulation (ec) no 258/97 of the european parliament and of the council (notified under document c(2017) 8470) type: decision_impl subject matter: health; marketing; processed agricultural produce; agricultural activity; means of agricultural production date published: 2017-12-16 16.12.2017 en official journal of the european union l 336/49 commission implementing decision (eu) 2017/2354 of 14 december 2017 authorising an extension of use of chia seeds (salvia hispanica) as a novel food ingredient under regulation (ec) no 258/97 of the european parliament and of the council (notified under document c(2017) 8470) (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 258/97 of the european parliament and of the council of 27 january 1997 concerning novel foods and novel food ingredients (1), and in particular article 7 thereof, whereas: (1) commission decision 2009/827/ec (2) authorised, in accordance with regulation (ec) no 258/97, the placing on the market of chia seeds (salvia hispanica) as a novel food ingredient to be used in bread products. (2) commission implementing decision 2013/50/eu (3) authorised, in accordance with regulation (ec) no 258/97, an extension of use of chia seeds (salvia hispanica) as a novel food ingredient to be used in additional food categories as follows: baked products; breakfast cereals; fruit, nut and seed mixes, and pre-packed chia seeds as such. (3) on 18 september 2015, an authorisation letter was issued by the food safety authority of ireland, in accordance with regulation (ec) no 258/97, for an extension of use of chia seeds (salvia hispanica) as a novel food ingredient to be used in additional food categories, namely, in fruit juice and fruit juice blends. (4) on 5 september 2016, the company meggle hrvatska d.o.o. made a request to the competent authority of croatia for an extension of use of chia seeds (salvia hispanica) as a novel food ingredient to be used in additional food categories, namely, in yoghurt. (5) on 11 january 2017, the competent authority of croatia issued its initial assessment report. in that report, it came to the conclusion that the extension of use and proposed maximum use levels of chia seeds (salvia hispanica) meet the criteria for novel food set out in article 3(1) of regulation (ec) no 258/97. (6) on 16 january 2017, the commission forwarded the initial assessment report to the other member states. (7) reasoned objections were raised by the other member states within the 60-day period laid down in the first subparagraph of article 6(4) of regulation (ec) no 258/97, in particular due to insufficient information. additional explanations by the applicant alleviated the concerns to the satisfaction of the member states and the commission. (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 chia seeds (salvia hispanica) as specified in the annex to this decision may be placed on the union market as a novel food ingredient to be used in yoghurt with the maximum content of 1,3 g of whole chia seeds per 100 g of yoghurt or 4,3 g of whole chia seeds per 330 g of yoghurt (portion). article 2 the designation of chia seeds (salvia hispanica) authorised by this decision on the labelling of the foodstuffs shall be chia seeds (salvia hispanica). article 3 this decision is addressed to meggle hrvatska d.o.o., zeleno polje 34, 31 000 osijek, croatia. done at brussels, 14 december 2017. for the commission vytenis andriukaitis member of the commission (1) oj l 43, 14.2.1997, p. 1. (2) commission decision 2009/827/ec of 13 october 2009 authorising the placing on the market of chia seed (salvia hispanica) as novel food ingredient under regulation (ec) no 258/97 of the european parliament and of the council (oj l 294, 11.11.2009, p. 14). (3) commission implementing decision 2013/50/eu of 22 january 2013 authorising an extension of use of chia (salvia hispanica) seed as a novel food ingredient under regulation (ec) no 258/97 of the european parliament and of the council (oj l 21, 24.1.2013, p. 34). annex specifications of chia seeds (salvia hispanica) description chia (salvia hispanica) is a summer annual herbaceous plant belonging to the labiatae family. post-harvest the seeds are cleaned mechanically. flowers, leaves and other parts of the plant are removed. composition of chia seeds (salvia hispanica) dry matter 91-96 % protein 19-25,6 % fat 28-34 % carbohydrate (1) 24,6-41,5 % crude fibre (2) 20-32 % ash 4-6 % (1) carbohydrates include the fibre value (eu: ch are available carbohydrates = sugar + starch) (2) crude fibre is the part of fibre made mainly of indigestible cellulose, pentosans and lignin

name: commission implementing decision (eu) 2017/2355 of 14 december 2017 authorising the placing on the market of uv-treated mushrooms as a novel food under regulation (ec) no 258/97 of the european parliament and of the council (notified under document c(2017) 8474) type: decision_impl subject matter: health; marketing; deterioration of the environment; agricultural activity date published: 2017-12-16 16.12.2017 en official journal of the european union l 336/52 commission implementing decision (eu) 2017/2355 of 14 december 2017 authorising the placing on the market of uv-treated mushrooms as a novel food under regulation (ec) no 258/97 of the european parliament and of the council (notified under document c(2017) 8474) (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 258/97 of the european parliament and of the council of 27 january 1997 concerning novel foods and novel food ingredients (1), and in particular article 7 thereof, whereas: (1) on 10 june 2016, the company ekoid ab made a request to the competent authority of sweden to place uv-treated mushrooms (agaricus bisporus) with increased levels of vitamin d2 on the union market as a novel food within the meaning of point (f) of article 1(2) of regulation (ec) no 258/97. (2) on 27 february 2017, the competent authority of sweden issued its initial assessment report. in that report, it came to the conclusion that the uv-treated mushrooms (agaricus bisporus) with increased levels of vitamin d2 meet the criteria for novel food set out in article 3(1) of regulation (ec) no 258/97. (3) on 2 march 2017, the commission forwarded the initial assessment report to the other member states. (4) reasoned objections were raised by other member states within the 60-day period laid down in the first subparagraph of article 6(4) of regulation (ec) no 258/97. additional explanations by the applicant alleviated those concerns to the satisfaction of the member states and of the commission. (5) point 1 of part a of annex vi to regulation (eu) no 1169/2011 of the european parliament and of the council (2) requires that the name of the food shall include or be accompanied by particulars as to the specific treatment that a food has undergone in all cases where omission of such information could mislead the consumers. as consumers do not normally expect mushrooms to be subject to uv-treatments, the name of the food shall include or be accompanied by such information in order to avoid consumers to be misled. (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 mushrooms (agaricus bisporus) which have been uv-treated to increase the level of vitamin d2 as specified in the annex to this decision may be placed on the union market as a novel food. article 2 the designation of mushrooms (agaricus bisporus) being uv-treated to increase the level of vitamin d2 authorised by this decision shall be uv-treated mushrooms (agaricus bisporus). article 3 this decision is addressed to ekoid ab, v rbruksgatan 67, 583 32 link ping, sweden. done at brussels, 14 december 2017. for the commission vytenis andriukaitis member of the commission (1) oj l 43, 14.2.1997, p. 1. (2) regulation (eu) no 1169/2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers, amending regulations (ec) no 1924/2006 and (ec) no 1925/2006 of the european parliament and of the council, and repealing commission directive 87/250/eec, council directive 90/496/eec, commission directive 1999/10/ec, directive 2000/13/ec of the european parliament and of the council, commission directives 2002/67/ec and 2008/5/ec and commission regulation (ec) no 608/2004 (oj l 304, 22.11.2011, p. 18). annex specifications of uv-treated mushrooms (agaricus bisporus) with increased levels of vitamin d2 description/definition: commercially grown agaricus bisporus to which uv light treatment is applied to harvested mushrooms yielding a vitamin d2 content of 10 g/100 g fresh weight. uvb radiation: a process of radiation in ultraviolet light within the wavelength of 290-320 nm. vitamin d2: chemical name (3 ,5z,7e,22e)-9,10-secoergosta-5,7,10(19),22-tetraen-3-ol synonym ergocalciferol cas no 50-14-6 molecular weight 396,65 g/mol contents: vitamin d2 in the final product: 5-10 g/100g fresh weight at the expiration of shelf life.

name: commission implementing decision (eu) 2017/2320 of 13 december 2017 on the equivalence of the legal and supervisory framework of the united states of america for national securities exchanges and alternative trading systems in accordance with directive 2014/65/eu of the european parliament and of the council (text with eea relevance. ) type: decision_impl subject matter: free movement of capital; budget; trade policy; america; financial institutions and credit; executive power and public service; marketing date published: 2017-12-14 14.12.2017 en official journal of the european union l 331/94 commission implementing decision (eu) 2017/2320 of 13 december 2017 on the equivalence of the legal and supervisory framework of the united states of america for national securities exchanges and alternative trading systems in accordance with directive 2014/65/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 2014/65/eu of the european parliament and of the council of 15 may 2014 on markets in financial instruments and amending directive 2002/92/ec and directive 2011/61/eu (1), and in particular article 25(4)(a) thereof, whereas: (1) article 23(1) of regulation (eu) no 600/2014 of the european parliament and of the council (2) requires investment firms to ensure that the trades they undertake in shares admitted to trading on regulated markets, or traded on trading venues should take place on regulated markets, multilateral trading facilities (mtfs) or systematic internalisers, or third-country trading venues assessed by the commission as equivalent in accordance with article 25(4)(a) of directive 2014/65/eu. (2) article 23(1) of regulation (eu) no 600/2014 only applies a trading obligation in respect of shares. the trading obligation does not comprise other equity instruments, such as depositary receipts, etfs, certificates and other similar financial instruments. (3) the equivalence procedure for trading venues established in third countries set out in article 25(4)(a) of directive 2014/65/eu aims to allow investment firms to undertake trades in shares that are subject to the trading obligation in the union, on third-country trading venues recognised as equivalent. the commission should assess whether the legal and supervisory framework of a third country ensures that a trading venue authorised in that third country complies with legally binding requirements which are equivalent to the requirements resulting from regulation (eu) no 596/2014 of the european parliament and of the council (3), from title iii of directive 2014/65/eu, from title ii of regulation (eu) no 600/2014 and from directive 2004/109/ec of the european parliament and of the council (4), and which are subject to effective supervision and enforcement in that third country. this should be read in the light of the objectives pursued by these acts, in particular their contribution to the establishment and functioning of the internal market, market integrity, investor protection and ultimately, but no less importantly, financial stability. (4) in accordance with the forth subparagraph article 25(4)(a) of directive 2014/65/eu, a third-country legal and supervisory framework may be considered equivalent where that framework fulfils at least the conditions that (a) the markets are subject to authorisation and to effective supervision and enforcement on an ongoing basis (b) the markets have clear and transparent rules regarding the admission of securities to trading so that such securities are capable of being traded in a fair, orderly and efficient manner, and are freely negotiable (c) security issuers should be subject to periodic and ongoing information requirements ensuring a high level of investor protection, and (d) market transparency and integrity are ensured by the prevention of market abuse in the form of insider dealing and market manipulation. (5) the purpose of this equivalence assessment is to assess, inter alia, whether the legally binding requirements which are applicable in united states of america (the usa or the u.s.) to national securities exchanges (nse)and alternative trading systems (ats) established therein and registered with and under the supervision of the u.s. securities and exchange commission (sec) are equivalent to the requirements resulting from regulation (eu) no 596/2014, from title iii of directive 2014/65/eu, from title ii of regulation (eu) no 600/2014 and from directive 2004/109/ec, which are subject to effective supervision and enforcement in that third country. (6) as regards the conditions that the markets are subject to authorisation and to effective supervision and enforcement on an ongoing basis; section 3(a)(1) of the securities exchange act of 1934 (the exchange act) defines an exchange as any organization, association, or group of persons which constitutes, maintains, or provides a market place or facilities for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange. the term exchange is further defined under sec rule 3b-16 as an organization, association or group of persons that (1) brings together the orders for securities of multiple buyers and sellers and (2) uses established, non-discretionary methods (whether by providing a trading facility or by setting rules) under which such orders shall interact with each other and the buyers and sellers entering such orders agree to the terms of the trade. accordingly, an exchange must operate a multilateral system in accordance with non-discretionary rules. an exchange must either register with the sec as a nse or register with the sec as a broker-dealer and comply with regulation ats. (7) furthermore, a nse must provide members with impartial access to their markets and services. the access criteria must further be transparent, and must not be applied in an unfairly discriminatory manner. to this effect, a nse is required to have rules in place that prescribe the means by which any registered broker-dealer may apply to become a member. the sec, pursuant to section 19(b) of the exchange act, reviews rules for admission to a nse. while nse must have reasonable standards for access, such standards should act to prohibit unreasonably discriminatory denials of access. a nse must deny membership to any non-registered broker-dealer and may deny membership to any broker-dealer that is subject to a statutory disqualification. (8) section 242.300 of title 17 of the code of federal regulations part 242 (regulation ats) defines an ats as any organization, association, person, group of persons, or system that provides a market place for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange within the meaning of exchange act rule 3b-16. under regulation ats, an entity that falls within the definition of an exchange must register either as a nse or as a broker-dealer and comply with regulation ats. an ats must operate a multilateral system where participants execute transactions in accordance with non-discretionary rules. atss that account for 5 % or more of the average daily trading volume within a certain time period in any equity security must comply with the fair access requirements of section 242.301(b)(5)(ii) of the regulation ats. specifically, they must establish written standards for granting access to trading in the relevant security on their systems and maintain these standards in their records. an ats is prohibited from unreasonably restricting or limiting any persons with respect to access to its services for those equity securities for which the ats accounts for 5 % or more of the average daily trading volume in the applicable time period, and must not apply these standards in an unfair or discriminatory manner. the access standards are provided to the sec upon request. (9) the four conditions set out in article 25(4)(a) subparagraph 4 of directive 2014/65/eu must be fulfilled in order to determine that the legal and supervisory arrangements of a third country regarding the nses and atss authorised therein are equivalent to those laid down in directive 2014/65/eu. (10) according to the first condition, third-country trading venues must be subject to authorisation and to effective supervision and enforcement on an ongoing basis. (11) a nse must be registered by the sec before it may begin operations. the sec grants registration if it finds that the applicable requirements with respect to the applicant are satisfied. the sec must deny a registration if it does not make this finding (section 19(a)(1) of the securities exchange act). the exchange act requires that an exchange has in place arrangements to address all of the types of conduct and activity that an applicant wishedto engage in. once registered, nses are required to maintain rules, policies, and procedures consistent with their statutory obligations, and to have the capacity to carry out their obligations. upon registration, a nse becomes a self-regulatory organisation (sro). in this capacity, nses monitor and enforce compliance by their members and persons associated with their members with the provisions of the exchange act, the rules and regulations thereunder and with their own rules. in the case of non-compliance of members with nses rules, nses in their capacity as sros are required to address any potential violations of the market's rules or the federal securities laws by its members. they are also required to inform the sec of significant infringements. (12) an ats must comply with regulation ats, which requires, among other things, that the ats register with the sec as a broker-dealer under section 15 of the securities exchange act. atss, as broker-dealers, must become a member of at least one sro, such as the financial industry regulatory authority (finra). the broker-dealer applicant must submit information about its background, including the type of business in which it proposes to engage, the identity of the applicant's direct and indirect owners, and other control persons, including executive officers and whether the applicant or any of its control affiliates has been subject to criminal prosecutions, regulatory actions or civil actions in connection with any investment-related activity. the sec must deny a registration if it does not make this finding (s. 15 of the securities exchange act). (13) under the u.s. framework, continued compliance with the initial registration requirements is a condition for continued registration for nses and atss. registered nses and atss are both required to maintain rules, policies, and procedures consistent with their obligations under the federal securities laws and rules, and to have the capacity to carry out their obligations. (14) as regards effective supervision, the securities act of 1933 (the securities act) and the exchange act constitute the main pieces of the primary legislation which establishes a legally enforceable regime for the trading of securities in the usa. the exchange act empowers the sec with broad authority over all aspects of the securities industry, including the power to register, regulate, and oversee broker-dealers, including atss, transfer agents, and clearing agencies as well as the u.s. sros which include securities exchanges and finra. the exchange act also identifies and prohibits certain types of conduct in the markets and provides the sec with disciplinary powers over regulated entities and persons associated with them. the exchange act also empowers the sec to require periodic reporting of information by companies with publicly traded securities. self-regulation of market intermediaries through a system of sros is one of the core elements of the u.s regulatory framework. under the u.s. framework, sros, as regulators, are primarily responsible for establishing the rules under which their members conduct business and for monitoring the ways their members conduct business. in the case of non-compliance of members with ats rules, ats in their capacity as sros are required to address any potential violations of the market's rules or the federal securities laws by its members. they are also required to inform the sec of significant infringements. (15) the exchange act requires all registered nses to be able to enforce compliance by their members and persons associated with their members with the provisions of the exchange act, the rules and regulations thereunder, and their own rules. as part of their ongoing supervision of nses, the sec evaluates each exchange's ability to survey their members and their trading activities. it is also incumbent on a nse to address any potential violations of the market's rules or the federal securities laws by its members and report such potential violations to the sec. as part of its duty to enforce compliance by their members, each nse is responsible for investigating and disciplining any breaches of the exchange act, the rules and regulations thereunder. the sec may also, in its discretion, investigate and prosecute any violations of the exchange act and the rules thereunder. finra, a sro for broker-dealers including atss, is required to enforce compliance by its members, including atss, with the provisions of the exchange act, the rules and regulations thereunder, and their own rules. the sro rules are also subject to sec review. if the sec finds that an sro has failed, without reasonable justification or excuse, to enforce compliance with any such provision by a member or person associated with a member, it has powers to impose sanctions against the sro under section 19(h) of the exchange act. pursuant to section 21 of the exchange act, the sec may investigate violations and seek sanctions against sro members that violate an sro rule. as part of their ongoing supervision of sros, the sec evaluates the ability of each nse and finra to supervise their members and their trading activities. nses and atss are required to inform sec of any rule changes. (16) as regards effective enforcement, the sec has broad authority to investigate actual or potential violations of the federal securities laws, including the exchange act and the rules thereunder. the sec can obtain records from regulated entities pursuant to its supervisory powers. moreover, under its subpoena authority, the sec can compel the production of documents or testimony from any person or entity anywhere within the united states. the sec has authority to take enforcement actions by commencing civil actions in federal district court or instituting administrative proceedings before an sec administrative law judge for violations of the federal securities laws, including insider trading and market manipulation. in civil actions, the sec may seek disgorgement of ill-gotten gains, pre-judgment interest, civil money penalties, injunctions, an order prohibiting one from serving as an officer or director of a public company or from participating in an offering of penny stock, as well as other ancillary relief (such as an accounting from a defendant). in administrative actions, sanctions may include censures, limitations on activities, civil penalties in addition to disgorgement of ill-gotten gains or bars as to individuals, or revocation of the registration of an entity. the sec has powers to bring an enforcement action against an sro (e.g., a nse or finra) for failure to act or adequately perform required functions. (17) the sec also has authority to investigate and take disciplinary or other enforcement actions against an ats for infringements of the u.s. federal securities laws. moreover, the sec is authorised to coordinate its enforcement actions with domestic and international counterparts. for example, the sec may refer a matter to the u.s. department of justice for criminal prosecution or to other criminal or regulatory bodies for action at any point during an inquiry or investigation. in addition, the sec has authority to share non-public information in its possession with domestic and international counterparts. (18) it can therefore be concluded that nses and atss registered with the u.s. sec are subject to authorisation and to effective supervision and enforcement on an ongoing basis. (19) according to the second condition, third-country trading venues must have clear and transparent rules regarding admission of securities to trading so that such securities are capable of being traded in a fair, orderly and efficient manner, and are freely negotiable. (20) pursuant to section 12(a) of the exchange act, securities listed on a u.s. nse must be registered on a nse by the issuer. registration of a security requires the issuer to file an application with the exchange where its securities will be listed; the issuer must also file registration statements with the sec. the exchange authority will certify to the sec once the security has been approved by the nse for listing and registration. all securities traded on a nse, and ats trading listed securities, must meet listing standards set out in the exchange's listing rules, which must be filed with the sec under section 19(b) of the exchange act and rule 19b-4. unlisted securities traded publicly on an ats are subject to sec disclosure rules and other standards for publicly traded securities. sec rules and listing standards require issuers to make timely disclosure of information that would be material to investors or likely to have a significant effect on the price of an issuer's securities. section 10a(m) and rule 10a-3 thereunder also directs each nse to prohibit the listing of any security of an issuer that is not in compliance with the audit committee requirements set forth in the statute and rule. the securities act requires that investors receive financial and other significant information concerning securities being offered for public sale and their issuers, and prohibit deceit, misrepresentations, and other fraud in the sale of securities. nses are required to have clear and transparent rules regarding the admission of securities to trading. securities must be freely negotiable and meet certain criteria regarding the distribution of securities to the public and information about the security and the issuer that are needed to value the security. a nse cannot register securities for which information about the securities and the issuer is not publicly available. finally, orderly trading of securities on a nse or atss is ensured by the sec's powers to suspend trading and issue emergency orders under certain circumstances. pursuant to section 12(k)(1)(a) of the exchange act, the sec, if the public interest and the protection of investors so require, can issue an order summarily to temporarily suspend all trading in a specific security. (21) the u.s. regulatory framework includes requirements for providing pre-trade information to market participants. the securities laws and rules and sro rules require real-time reporting of best bids, best offers and quotation sizes for any security on nses or atss that trade 5 % or more of the volume in a given nms stock and displays orders to any person. the 5 % threshold is based on rule 301(b)(3) and (b)(5) and is calculated using share volumes reported to the u.s. consolidated tapes. the sec has authority to examine atss for compliance with federal securities laws and regulation ats, including whether an ats has exceeded this 5 % threshold and complies, as applicable, with the requirement of rule 301(b)(3) of regulation ats. under sec rule 602, each nse is required to collect, process, and make available to vendors the best bid, best offer, and aggregate quotation sizes for each subject security. the information is made widely available to the public on fair, reasonable and non-discriminatory terms. in the public interest and as appropriate for the protection of investors and the maintenance of fair and orderly markets, under section 11a(a)(1)(c) of the exchange act and the rules thereunder, nses are required to ensure the availability to brokers, dealers, and investors of information with respect to quotations for and transactions in securities. the u.s. regulatory framework also includes requirements for providing post-trade information, including the price, volume and time of the transactions, to market participants on a timely basis. rule 601(a) under regulation nms requires exchanges and finra to file transaction reporting plans for approval with the sec. the sec and sro rules require real-time reporting of transactions on exchanges and on atss. broker-dealers, including atss, must submit transactions information to finra for dissemination. (22) it can therefore be concluded that nses and atss registered with the u.s. sec have clear and transparent rules regarding the admission of securities to trading so that such securities are capable of being traded in a fair, orderly and efficient manner and are freely negotiable. (23) according to the third condition, security issuers must be subject to periodic and ongoing information requirements ensuring a high level of investor protection. (24) issuers whose securities are admitted to trading on a u.s. nse are required to publish annual and interim financial reports. listed issuers and companies whose shares are admitted to trading are also subject to the reporting requirements under section 13(a) or section 15(d) of the exchange act. securities admitted to trading on a u.s. nse may also be traded on another nse or on atss. the reporting obligation applicable to such reporting issuers applies regardless of the venue on which individual trades take place. the disclosure of comprehensive and timely information about security issuers allows investors to assess the business performance of issuers and ensures appropriate transparency for investors through a regular flow of information. (25) it can therefore be concluded that issuers whose securities are admitted to trading on nses and atss are subject to periodic and ongoing information requirements ensuring a high level of investor protection. (26) according to the fourth condition, the third-country legal and supervisory framework must ensure market transparency and integrity by preventing market abuse in the form of insider dealing and market manipulation. (27) federal securities laws of the usa establish a comprehensive regulatory framework to ensure market integrity and prevent insider trading and market manipulation. this framework prohibits, and authorises the sec to take enforcement action against, conduct which could result in distorting the functioning of the markets such as market manipulation and communication of false or misleading information (including in sections 9(a), 10(b), 14(e), 15(c) of the exchange act, and rule 10b-5 thereunder). federal securities laws also prohibit insider trading (e.g., section 17(a) of the securities act, section 10(b) of the exchange act and rule 10b-5 thereunder). the sec may bring enforcement action against a person for buying or selling securities on the basis of material, non-public information obtained or used in violation of a fiduciary duty or a duty of trust or confidence, or for communicating such information in violation of a duty (section 17(a) of the securities act and section 10(b) and rule 10b-5 of the exchange act). (28) it can therefore be concluded that the u.s. legal and supervisory framework ensures market transparency and integrity by preventing market abuse in the form of insider dealing and market manipulation. (29) it can therefore further be concluded that the legal and supervisory framework governing nses and atss registered with the sec complies with the four abovementioned conditions for legal and supervisory arrangements and hence should be considered to provide for an equivalent system to the requirements for trading venues laid down in directive 2014/65/eu, regulation (eu) no 600/2014 regulation (eu) no 596/2014 and directive 2004/109/ec. (30) this decision is based on the legal and supervisory framework governing nses and atss registered with the sec on which shares that are admitted to trading in the eu are also traded following a separate admission to be traded on nses. this decision does not therefore cover atss on which shares admitted to trading in the eu are traded without having obtained that separate admission. (31) the decision will also be complemented by cooperation arrangements to ensure the effective exchange of information and coordination of supervisory activities between the national competent authorities and the sec. (32) this decision is based on the legally binding requirements relating to nses and atss applicable in the u.s. 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 arrangements for these trading venues, market developments, the effectiveness of supervisory cooperation in relation to monitoring and enforcement and the fulfilment of the conditions on the basis of which this decision has been taken. (33) for that purpose, the commission should conduct regular reviews of the legal and supervisory arrangements applicable to nses and atss in the u.s. this is without prejudice to the possibility of the commission to undertake a specific review at any time, where relevant developments make it necessary for the commission to re-assess the equivalence granted by this decision, in particular taking into account the experience acquired as regards the execution of trades on ats after one year following entry into force of this decision. any re-assessment could lead to the repeal of this decision. (34) considering that regulation (eu) no 600/2014 and directive 2014/65/eu applies from 3 january 2018, it is necessary that this decision enters into force on the day following the day of publication in the official journal of the european union. (35) 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 article 23(1) of regulation (eu) no 600/2014 the legal and supervisory framework in the united states of america applicable to national securities exchanges and alternative trading systems registered with the securities and exchange commission as set out in the annex to this decision shall be considered to be equivalent to the requirements for regulated markets as defined in directive 2014/65/eu resulting from regulation (eu) no 596/2014, from title iii of directive 2014/65/eu, from title ii of regulation (eu) no 600/2014 and from directive 2004/109/ec and to be subject to effective supervision and enforcement. 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, 13 december 2017. for the commission the president jean-claude juncker (1) oj l 173 12.6.2014, p. 349 (2) regulation (eu) no 600/2014 of the european parliament and of the council of 15 may 2014 on markets in financial instruments and amending regulation (eu) no 648/2012 (oj l 173, 12.6.2014, p. 84). (3) regulation (eu) no 596/2014 of the european parliament and of the council of 16 april 2014 on market abuse (market abuse regulation) and repealing directive 2003/6/ec of the european parliament and of the council and commission directives 2003/124/ec, 2003/125/ec and 2004/72/ec (oj l 173, 12.6.2014, p. 1). (4) 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 (oj l 390, 31.12.2004, p. 38). annex national securities exchanges registered with the us securities and exchange commission and considered equivalent to regulated markets as defined in directive 2014/65/eu: (a) box options exchange llc (b) cboe byx exchange, inc. (formerly bats byx exchange, inc.; bats y-exchange, inc.) (c) cboe bzx exchange, inc. (formerly bats bzx exchange, inc.; bats exchange, inc.) (d) cboe c2 exchange, inc. (e) cboe edga exchange, inc. (formerly bats edga exchange, inc.; edga exchange, inc.) (f) cboe edgx exchange, inc. (formerly bats edgx exchange, inc.; edgx exchange, inc.) (g) cboe exchange, inc. (h) chicago stock exchange, inc. (i) the investors exchange llc (j) miami international securities exchange (k) miax pearl, llc (l) nasdaq bx, inc. (formerly nasdaq omx bx, inc.; boston stock exchange) (m) nasdaq gemx, llc (formerly ise gemini) (n) nasdaq ise, llc (formerly international securities exchange, llc) (o) nasdaq mrx, llc (formerly ise mercury) (p) nasdaq phlx llc (formerly nasdaq omx phlx, llc; philadelphia stock exchange) (q) the nasdaq stock market (r) new york stock exchange llc (s) nyse arca, inc. (t) nyse mkt llc (formerly nyse amex and the american stock exchange) (u) nyse national, inc. (formerly national stock exchange, inc.) alternative trading systems registered with the us securities and exchange commission and considered equivalent to regulated markets as defined in directive 2014/65/eu: (a) aqua securities l.p. (b) ats-1 (c) ats-4 (d) ats-6 (e) barclays ats (f) barclays directex (g) bids trading, l.p. (h) cioi (i) citibloc (j) citicross (k) coda markets, inc (l) credit suisse securities (usa) llc (m) deutsche bank securities, inc (n) ebx llc (o) instinct x (p) instinet continuous block crossing system (cbx) (q) instinet, llc (instinet crossing, instinet blx) (r) instinet, llc (blockcross) (s) jpb-x (t) j.p. morgan ats ('jpm-x') (u) jsvc llc (v) liquidnet h2o ats (w) liquidnet negotiation ats (x) luminex trading & analytics llc (y) national financial services, llc (z) posit (aa) sigma x2 (bb) spot quote llc (cc) spread zero llc (dd) ubs ats (ee) ustocktrade (ff) virtu matchit (gg) xe