(1)

Articles 6(1) and 6(3) of Regulation (EU) 2015/757 require companies to submit to the verifier a monitoring plan consisting of complete and transparent documentation of the monitoring method to be applied for each ship falling under the scope of that Regulation.

(2)

In order to ensure that those monitoring plans contain standardised information allowing for harmonised implementation of the monitoring and reporting obligations, it is necessary to lay down templates, including technical rules for their uniform application.

(3)

The monitoring plan should contain at least the elements laid down in Article 6(3) of Regulation (EU) 2015/757. It should also use the units for determining ‘cargo carried’ as specified in Commission Implementing Regulation (EU) 2016/1928 (2). Given the two distinct transport services that ro-pax ships provide, such ships will need to differentiate between fuel consumption and CO2 emissions data for freight and for passengers. This would allow for a better determination of their average operational energy efficiency indicators.

(4)

Without prejudice to Article 6(3) of Regulation (EU) 2015/757, and in accordance with the last paragraph of Article 10 of that Regulation, the monitoring plan should allow for the monitoring and reporting of fuel consumption and CO2 emitted on the basis of other voluntary criteria. This would make it possible to better understand the average reported energy efficiency. This concerns in particular differentiated monitoring of fuel consumption for cargo heating and for dynamic positioning as well as differentiated monitoring of laden voyages and when navigating through ice.

(5)

To make it easier to prepare monitoring plans for companies with several ships, it is appropriate to allow companies to indicate which procedures described of the monitoring plan would apply in a relevant manner to all ships under the company's responsibility.

(6)

When providing information on elements and procedures as part of the monitoring plan pursuant to Article 6(3) of Regulation (EU) 2015/757, companies should be able to also refer to procedures or systems effectively implemented as part of their existing management systems, such as the International Safety Management Code (ISM Code) (3), the Ship Energy Efficiency Management Plan (the SEEMP) (4), or to systems and controls covered by harmonised quality, environmental or energy management standards, such as EN ISO 9001:2015, EN ISO 14001:2015 or EN ISO 50001:2011.

(7)

To make monitoring easier, it is appropriate to allow the use of default values for the level of uncertainty associated with fuel monitoring.

(8)

To make the entire compliance cycle (including monitoring, reporting and verification) easier, information on management, in particular on appropriate data management and control activities, should be considered as useful information. A dedicated section in the monitoring template should help companies to structure the necessary management elements.

(9)

It is necessary to lay down specifications for an electronic template for emissions reports. This is needed to ensure that verified emissions reports are submitted electronically and that they contain complete and standardised aggregated annual information, which can be made publicly available and which enables the Commission to prepare the reports required under Article 21 of Regulation (EU) 2015/757.

(10)

The emissions report should cover the minimum content as laid down in Article 11(3) of Regulation (EU) 2015/757, including the results of the annual monitoring. It should also allow for the reporting of additional information that can help understanding of the average operational energy efficiency indicators reported on a voluntary basis. This concerns in particular the elements for voluntary monitoring of fuel consumed and CO2 emissions emitted, differentiated on the basis of criteria specified in the monitoring plan.

(11)

It is necessary to lay down technical rules establishing an electronic template for documents of compliance. This ensures that standardised, easily processable information can be included in the documents of compliance sent by the verifiers pursuant to their obligation under Article 17(4) of Regulation (EU) 2015/757 to inform without delay the Commission and the authorities of the flag State of the issuance of a document of compliance.

(12)

Thetis MRV, a dedicated Union information system developed and operated by the European Maritime Safety Agency, should be available for companies and accredited verifiers so that they can use it to electronically submit satisfactorily verified emissions reports and related documents of compliance to the Commission and flag States. It should be designed in a flexible way so as to consider the event of a global monitoring, reporting and verification system for greenhouse gas emissions.

(13)

The Commission has consulted parties concerned on best practices on matters addressed by this Regulation. The consultation was carried out through the ‘Shipping MRV experts' subgroups’ set up under the umbrella of the European Sustainable Shipping Forum.

(14)

The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee established by Article 26 of Regulation (EU) No 525/2013 of the European Parliament and of the Council (5),

(1)

The rules on the monitoring of cargo carried and other relevant information are laid down in Annex II to Regulation (EU) 2015/757. In particular, the determination of cargo carried for categories of ships other than passenger ships, ro-ro ships and container ships is to be done in accordance with the parameters set out in point (g) of paragraph 1 of Part A to that Annex.

(2)

In the case of oil tankers, chemical tankers, gas carriers, bulk carriers, refrigerated cargo ships and combination carriers, it is appropriate to ensure that the determination of the average operational energy efficiency indicator is in line with the IMO Guidelines for voluntary use of the Ship Energy Efficiency Operational Indicator (EEOI) (2) since those Guidelines reflect industry practices.

(3)

In the case of LNG carriers and container/ro-ro cargo ships, the parameter to be used for calculating cargo carried should reflect industry practices and ensure that the information provided is accurate and comparable over time.

(4)

In the case of general cargo ships, the determination of cargo carried should follow a specifically developed approach that takes into account variations in cargo density significant for this ship category. It is appropriate to allow these data to be supplemented on a voluntary basis with additional data in line with the IMO Guidelines for voluntary use of the Ship Energy Efficiency Operational Indicator (EEOI).

(5)

In the case of vehicle carriers, the determination of cargo carried should follow a flexible approach based on two different options. In order to better reflect the special relevance of volume, it is appropriate to allow for data on a different additional parameter to be provided on a voluntary basis.

(6)

Ro-pax ships should be considered as a specific case in which particular conditions should apply. In view of the mixed service offered by ro-pax ships and to better reflect industry practices, two parameters should be applied to express cargo carried.

(7)

For other ship types not falling under any of the above categories nor under those in points (d), (e) and (f) of paragraph 1 of Part A of Annex II to Regulation (EU) 2015/757, a flexible approach should be permitted so as to fully reflect the diversity of ships carrying very different types of cargo. In order to ensure consistency and comparability of data over time in accordance with Article 4(3) of Regulation (EU) 2015/757, the company's choice concerning the most appropriate cargo carried parameter is to be documented in the ship's monitoring plan and applied accordingly.

(8)

The Commission has consulted parties concerned on the best industry practices on matters addressed by this Regulation. The consultation was carried out through the ‘Shipping MRV monitoring subgroup’ set up under the umbrella of the European Sustainable Shipping Forum.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee established by Article 26 of Regulation (EU) No 525/2013 of the European Parliament and of the Council (3),

(1)

‘Oil tanker’ means a ship constructed or adapted primarily to carry crude oil or petroleum products in bulk in its cargo spaces, other than combination carriers, noxious liquid substances (NLS) tankers or gas tankers;

(2)

‘Chemical tanker’ means a ship constructed or adapted for the carriage in bulk of any liquid product listed in Chapter 17 of the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (4) or a ship constructed or adapted to carry a cargo of NLS in bulk;

(3)

‘LNG carrier’ means a tanker for the bulk carriage of liquefied natural gas (LNG) (primarily methane) in independent insulated tanks;

(4)

‘Gas carrier’ means a tanker for the bulk carriage of liquefied gases other than LNG;

(5)

‘Bulk carrier’ means a ship which is intended primarily to carry dry cargo in bulk, including types such as ore carriers as defined in Regulation 1 of Chapter XII of the 1998 International Convention for the Safety of Life at Sea (the SOLAS Convention), but excluding combination carriers;

(6)

‘General cargo ship’ means a ship with a multi-deck or single-deck hull designed primarily for the carriage of general cargo excluding specialised dry cargo ships, which are not included in the calculation of reference lines for general cargo ships, namely livestock carrier, barge carrier, heavy load carrier, yacht carrier, nuclear fuel carrier;

(7)

‘Refrigerated cargo ship’ means a ship designed exclusively for the carriage of refrigerated cargoes in holds;

(8)

‘Vehicle carrier’ means a multi-deck roll-on-roll-off cargo ship designed for the carriage of empty cars and trucks;

(9)

‘Combination carrier’ means a ship designed to load 100 % deadweight with both liquid and dry cargo in bulk;

(10)

‘Ro-pax ship’ means a ship, which carries more than 12 passengers and which has roll-on/roll-off cargo space on board;

(11)

‘Container/ro-ro cargo ship’ means a hybrid of a container ship and a ro-ro cargo ship in independent sections;

(12)

‘Deadweight carried’ means, in metric tonnes, the measured volume displacement of a ship at a load draught condition multiplied by the relative water density at departure reduced by the ship's lightweight and by the weight of the fuel on board determined at the departure of the laden voyage concerned;

(13)

‘Measured volume displacement’ means, in cubic meters, the volume of the moulded displacement of the ship, excluding appendages, in a ship with a metal shell, and means the volume of displacement to the outer surface of the hull in a ship with a shell of any other material;

(14)

‘Lightweight’ means, in metric tonnes, the actual weight of the ship with no fuel, passengers, cargo, water and other consumables on board.

(a)

for oil tankers, as the mass of the cargo on board;

(b)

for chemical tankers, as the mass of the cargo on board;

(c)

for LNG carriers, as the volume of the cargo on discharge, or if the cargo is discharged at several occasions during a voyage, the sum of the cargo discharged during a voyage and the cargo discharged at all subsequent ports of call until new cargo is loaded;

(d)

for gas carriers, as the mass of the cargo on board;

(e)

for bulk carriers, as the mass of the cargo on board;

(f)

for general cargo ships, as deadweight carried for laden voyages and as zero for ballast voyages;

(g)

for refrigerated cargo ships, as the mass of the cargo on board;

(h)

for vehicle carriers, as the mass of the cargo on board, determined as the actual mass or as the number of cargo units or occupied lane meters multiplied by default values for their weight;

(i)

for combination carriers, as the mass of the cargo on board;

(j)

for ro-pax ships, as the number of passengers and as the mass of the cargo on board, determined as the actual mass or the number of cargo units (trucks, cars, etc.) or occupied lane meters multiplied by default values for their weight;

(k)

for container/ro-ro cargo ships, as the volume of the cargo on board, determined as the sum of the number of cargo units (cars, trailers, trucks and other standard units) multiplied by a default area and by the height of the deck (the distance between the floor and the structural beam), of the number of occupied lane-metres multiplied by the height of the deck (for other ro-ro cargo) and of the number of TEUs multiplied by 38,3 m3;

(l)

for other ship types not falling under any of the categories mentioned in points (a) to (k) nor under those in points (d), (e) and (f) of paragraph 1 of Part A of Annex II to Regulation (EU) 2015/757, as mass of cargo on board or as deadweight carried for laden voyages and zero for ballast voyages.

(1)

France received on 30 January 2013 an application, in accordance with Article 11(1) of Directive 98/8/EC of the European Parliament and of the Council (2), for the inclusion of the active substance Bacillus thuringiensis subsp. kurstaki, serotype 3a3b, strain ABTS-351, in Annex I of that Directive for use in products of product-type 18, insecticides, acaricides and products to control other arthropods, as defined in Annex V to that Directive, which corresponds to product-type 18 as defined in Annex V to Regulation (EU) No 528/2012.

(2)

France submitted the assessment report together with its recommendations on 29 May 2015 in accordance with Article 90(2) of Regulation (EU) No 528/2012.

(3)

The opinion of the European Chemicals Agency was formulated on 16 February 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(4)

According to that opinion, biocidal products of product-type 18 and containing Bacillus thuringiensis subsp. kurstaki, serotype 3a3b, strain ABTS-351, may be expected to satisfy the criteria of Article 19(1)(b) of Regulation (EU) No 528/2012, provided that certain specifications and conditions concerning their use are complied with.

(5)

It is therefore appropriate to approve Bacillus thuringiensis subsp. kurstaki, serotype 3a3b, strain ABTS-351, for use in biocidal products of product-type 18, subject to compliance with certain specifications and conditions.

(6)

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

(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 chlorocresol.

(2)

Chlorocresol has been evaluated for use in products of product-type 1, human hygiene, of product-type 2, disinfectants and algaecides not intended for direct application to humans or animals, of product-type 3, veterinary hygiene, of product-type 6, preservatives for products during storage, and of product-type 9, fibre, leather, rubber and polymerised materials preservatives, 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 8 October 2013, 15 November 2013 and 18 December 2013.

(4)

In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 13 April 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(5)

According to those opinions, biocidal products of product-types 1, 2, 3, 6 and 9 and containing chlorocresol may be expected to satisfy the criteria of Article 19(1)(b) of Regulation (EU) No 528/2012, provided that certain specifications and conditions concerning their use are complied with.

(6)

It is therefore appropriate to approve chlorocresol for use in biocidal products of product-types 1, 2, 3, 6 and 9, subject to compliance with certain specifications and conditions.

(7)

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

(8)

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

(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 chlorocresol.

(2)

Chlorocresol has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 13, metalworking-fluid preservatives, as described in Annex V to that Directive, which corresponds to product-type 13 as described in Annex V to Regulation (EU) No 528/2012.

(3)

France was designated as evaluating competent authority and submitted the assessment report together with its recommendations on 24 July 2013.

(4)

In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency was formulated on 13 April 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(5)

According to that opinion, biocidal products of product-type 13 containing chlorocresol may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

(6)

It is therefore appropriate to approve chlorocresol for use in biocidal products of product-type 13, subject to compliance with certain specifications and conditions.

(7)

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

(8)

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

(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 calcium magnesium oxide (burnt dolomitic lime).

(2)

Calcium magnesium oxide (burnt dolomitic lime) has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 2, disinfectants and algaecides not intended for direct application to humans or animals, and product-type 3, veterinary hygiene, as described in Annex V to that Directive, which correspond to product-types 2 and 3 respectively, as described in Annex V to Regulation (EU) No 528/2012.

(3)

The United Kingdom was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 19 September 2011.

(4)

In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 14 April 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(5)

According to those opinions, biocidal products of product-types 2 and 3 and containing calcium magnesium oxide (burnt dolomitic lime) may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

(6)

It is therefore appropriate to approve calcium magnesium oxide (burnt dolomitic lime) for use in biocidal products of product-types 2 and 3, subject to compliance with certain specifications and conditions.

(7)

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

(8)

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

(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 calcium magnesium tetrahydroxide (hydrated dolomitic lime).

(2)

Calcium magnesium tetrahydroxide (hydrated dolomitic lime) has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 2, disinfectants and algaecides not intended for direct application to humans or animals, and product-type 3, veterinary hygiene, as described in Annex V to that Directive, which correspond to product-types 2 and 3 respectively, as described in Annex V to Regulation (EU) No 528/2012.

(3)

The United Kingdom was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 19 September 2011.

(4)

In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 14 April 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(5)

According to those opinions, biocidal products of product-types 2 and 3 and containing calcium magnesium tetrahydroxide (hydrated dolomitic lime) may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

(6)

It is therefore appropriate to approve calcium magnesium tetrahydroxide (hydrated dolomitic lime) for use in biocidal products of product-types 2 and 3, subject to compliance with certain specifications and conditions.

(7)

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

(8)

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

(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 coco alkyltrimethylammonium chloride (ATMAC/TMAC).

(2)

Coco alkyltrimethylammonium chloride (ATMAC/TMAC) has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 8, wood preservatives, as described in Annex V to that Directive, which corresponds to product-type 8 as described in Annex V to Regulation (EU) No 528/2012.

(3)

Italy was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 20 November 2007 and 10 June 2010.

(4)

In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency was formulated on 14 April 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(5)

According to that opinion, biocidal products of product-type 8 containing coco alkyltrimethylammonium chloride (ATMAC/TMAC) may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

(6)

It is therefore appropriate to approve coco alkyltrimethylammonium chloride (ATMAC/TMAC) for use in biocidal products of product-type 8, subject to compliance with certain specifications and conditions.

(7)

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

(8)

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

(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 calcium dihydroxide (hydrated lime).

(2)

Calcium dihydroxide (hydrated lime) has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 2, disinfectants and algaecides not intended for direct application to humans or animals, and product-type 3, veterinary hygiene, as described in Annex V to that Directive, which correspond to product-types 2 and 3 respectively, as described in Annex V to Regulation (EU) No 528/2012.

(3)

The United Kingdom was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 19 September 2011.

(4)

In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 14 April 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(5)

According to those opinions, biocidal products of product-types 2 and 3 and containing calcium dihydroxide (hydrated lime) may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

(6)

It is therefore appropriate to approve calcium dihydroxide (hydrated lime) for use in biocidal products of product-types 2 and 3, subject to compliance with certain specifications and conditions.

(7)

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

(8)

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

(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 calcium oxide (burnt lime).

(2)

Calcium oxide (burnt lime) has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 2, disinfectants and algaecides not intended for direct application to humans or animals, and product-type 3, veterinary hygiene, as described in Annex V to that Directive, which correspond to product-types 2 and 3 respectively, as described in Annex V to Regulation (EU) No 528/2012.

(3)

The United Kingdom was designated as evaluating competent authority and submitted the assessment reports together with its recommendations on 19 September 2011.

(4)

In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinions of the European Chemicals Agency were formulated on 14 April 2016 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(5)

According to those opinions, biocidal products of product-types 2 and 3 and containing calcium oxide (burnt lime) may be expected to satisfy the conditions of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

(6)

It is therefore appropriate to approve calcium oxide (burnt lime) for use in biocidal products of product-types 2 and 3, subject to compliance with certain specifications and conditions.

(7)

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

(8)

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

(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 cyfluthrin.

(2)

Cyfluthrin has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 18, insecticides, acaricides and products to control other arthropods, as defined in Annex V to that Directive, which corresponds to product-type 18 as defined in Annex V to Regulation (EU) No 528/2012.

(3)

Germany was designated as evaluating competent authority and submitted the assessment report together with its recommendations on 23 December 2010.

(4)

In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency was formulated on 16 February 2016 for use in products of product-type 18 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(5)

According to that opinion, biocidal products of product-type 18 containing cyfluthrin may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

(6)

It is therefore appropriate to approve cyfluthrin for use in biocidal products of product-type 18, subject to compliance with certain specifications and conditions.

(7)

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

(8)

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

(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 citric acid.

(2)

Citric acid has been evaluated in accordance with Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council (3) for use in products of product-type 1, human hygiene biocidal products, as defined in Annex V to that Directive, which corresponds to product-type 1 as defined in Annex V to Regulation (EU) No 528/2012.

(3)

However, the evaluation covered an anti-viral tissue impregnated with citric acid which would be placed on the market with the claim ‘kills 99,9 % of cold & flu viruses in the tissue’. In accordance with Article 1 of Commission Implementing Decision (EU) 2015/1985 (4), such anti-viral tissue is to be considered as a biocidal product falling within product-type 2 as defined in Annex V to Regulation (EU) No 528/2012. Therefore, this approval of citric acid as an existing active substance should only cover its use in biocidal products of product-type 2, disinfectants and algaecides not intended for direct application to humans or animals.

(4)

Belgium was designated as evaluating competent authority and submitted the assessment report together with its recommendations on 23 August 2013.

(5)

In accordance with Article 7(2) of Delegated Regulation (EU) No 1062/2014, the opinion of the European Chemicals Agency was formulated on 16 February 2016 for use in products of product-type 2 by the Biocidal Products Committee, having regard to the conclusions of the evaluating competent authority.

(6)

According to that opinion, biocidal products of product-type 2 containing citric acid may be expected to satisfy the requirements of Article 5 of Directive 98/8/EC, provided that certain specifications and conditions concerning their use are complied with.

(7)

It is therefore appropriate to approve citric acid for use in biocidal products of product-type 2, subject to compliance with certain specifications and conditions.

(8)

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

(9)

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

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

Implementing Regulation (EU) No 391/2013 lays down a common charging scheme for air navigation services. Pursuant to Article 3(1) of that Regulation, Member States may decide that some or all of their terminal air navigation services are subject to market conditions. In such case, the provisions of that Regulation apply, but the Member State concerned may decide with regard to those services not to take the measures specified in points (a) to (d) of its Article 3(1).

(2)

On 6 May 2015, the authorities of the United Kingdom informed the Commission of the decision of that Member State that the terminal air navigation services at airports in the terminal charging zone B are subject to market conditions. Those services are provided at nine airports in the United Kingdom, namely Heathrow Airport-London, Gatwick Airport-London, Stansted Airport-London, Luton, City Airport-London, Birmingham, Manchester, Glasgow and Edinburgh.

(3)

The United Kingdom authorities submitted a report on the content and results of the assessment against the conditions of Annex I to Implementing Regulation (EU) No 391/2013, on which that decision has been based. Upon the Commission's request, those authorities submitted additional supporting evidence, including tender documents, on 2 October 2015. The Commission has verified the information provided by the United Kingdom authorities.

(4)

The information demonstrated that the assessment by those authorities included consultation with the airspace users' representatives, pursuant to Article 3(2) of Implementing Regulation (EU) No 391/2013, as well as other stakeholders such as airport operators and air navigation services providers.

(5)

In addition, the information indicated that market conditions exist in the United Kingdom terminal air navigation market concerned. In particular, the assessment report shows that the conditions listed in Annex I to Implementing Regulation (EU) No 391/2013 are met. This applies also with respect to those airports of terminal charging zone B where a tender procedure has not yet taken place but is expected to take place in the future, considering that for market conditions to exist it is not necessarily required that such a procedure has taken place within the time frame analysed.

(6)

The Commission therefore agrees with the assessment of the authorities of the United Kingdom the terminal air navigation services at the airports in terminal charging zone B are subject to market conditions.

(7)

Pursuant to Article 3(5) of Implementing Regulation (EU) No 391/2013, this Decision should apply for the duration of the reference period concerned, namely the second reference period (2015-2019),

(1)

By Implementing Decision 2014/190/EU (2) the Commission set out, among others, the annual breakdown by Member State of global resources allocated under the Investment for growth and jobs goal and the European territorial cooperation goal, as well as the annual breakdown by Member State of resources from the specific allocation for the Youth Employment Initiative, as referred to in Article 91(2) of Regulation (EU) No 1303/2013.

(2)

In accordance with Article 7(1) of Council Regulation (EU, Euratom) No 1311/2013 (3) and Article 92(3) of Regulation (EU) No 1303/2013 the Commission is to review in 2016 the total allocations of all Member States under the Investment for growth and jobs goal of cohesion policy for the years 2017 to 2020.

(3)

In accordance with Article 7(3) of Regulation (EU, Euratom) No 1311/2013 and Article 90(5) of Regulation (EU) No 1303/2013 the Commission is to review in 2016 the eligibility of Member States for the Cohesion Fund and where a Member State either becomes newly eligible to the Cohesion Fund or loses its existing eligibility, the Commission is to add the resulting amounts to or subtract them from the funds allocated to the Member State for the years 2017 to 2020.

(4)

In accordance with Article 7(3) of Regulation (EU, Euratom) No 1311/2013 and Article 92(3) of Regulation (EU) No 1303/2013 the Commission is to present the results of those two reviews in its technical adjustment of the financial framework for 2017. On 30 June 2016 the Commission adopted the results of those reviews in its Communication to the Council and the European Parliament (4). In the Communication it is mentioned that, on the basis of the most recent statistics, there is a cumulative divergence of more than +/– 5 % between the total and the revised allocations in Belgium, the Czech Republic, Denmark, Estonia, Ireland, Greece, Spain, Croatia, Italy, Cyprus, the Netherlands, Slovenia, Slovakia, Finland, Sweden and the United Kingdom. In addition, it is mentioned that, on the basis of its gross national income (GNI) per capita figures of 2012-2014, Cyprus will become fully eligible for support from the Cohesion Fund as of 1 January 2017.

(5)

In accordance with Article 7(4) and (5) of Regulation (EU, Euratom) No 1311/2013 and Article 92(3) of Regulation (EU) No 1303/2013 the allocations of those Member States are to be adjusted accordingly, provided that the total net effect of those adjustments does not exceed EUR 4 billion. The adjustments are to be spread in equal proportions over the years 2017-2020.

(6)

In accordance with Article 19 of Regulation (EU, Euratom) No 1311/2013 the multiannual financial framework (MFF) is to be revised in order to transfer to subsequent years allocations not used in 2014, in the event of late adoption of new programmes under shared management for the Structural Funds, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund.

(7)

In accordance with Council Regulation (EU, Euratom) 2015/623 (5), EUR 11,2 billion in current prices of the allocation provided for the Structural Funds and the Cohesion Fund could not be committed in 2014 nor carried over to 2015. In addition, part of the specific allocation for the Youth Employment Initiative available for budgetary commitment in 2014 could not be committed in 2014 nor carried over to 2015. Regulation (EU, Euratom) No 1311/2013 has therefore been revised by transferring the related commitment appropriations not used in 2014 to subsequent years for sub-heading 1b ‘Economic, social and territorial cohesion’ (6). That transfer should be reflected in Implementing Decision 2014/190/EU.

(8)

In accordance with Article 93(2) of Regulation (EU) No 1303/2013 the Commission accepted proposals submitted by the Czech Republic, Greece, France, Italy, Poland, Portugal, Romania, Slovakia, and the United Kingdom in their Partnership Agreements to transfer up to 3 % of the total appropriations for a category of regions to other categories of regions. Those transfers should be reflected in Implementing Decision 2014/190/EU.

(9)

In accordance with Article 94(2) of Regulation (EU) No 1303/2013 the Commission accepted a proposal submitted by Denmark in its Partnership Agreement to transfer a part of its appropriations for the European territorial cooperation goal to the Investment for growth and jobs goal. This transfer should be reflected in Implementing Decision 2014/190/EU.

(10)

In accordance with Article 25(1) of Regulation (EU) No 1303/2013, the Commission accepted a request from Greece and Cyprus to transfer part of the resources provided for technical assistance at the initiative of the Member State to technical assistance at the initiative of the Commission for implementation of measures in relation to Member States. This transfer should be reflected in Implementing Decision 2014/190/EU.

(11)

The resources for the Investment for growth and jobs goal and their allocation between less developed regions, transition regions, more developed regions, Member States supported by the Cohesion Fund and outermost regions as set out in Article 92(1) of the Common Provisions Regulation should to be adjusted accordingly.

(12)

The annual breakdown of the specific allocation for the Youth Employment Initiative as set out in Article 91(1) of Regulation (EU) No 1303/2013 should be adjusted accordingly.

(13)

Resources for the European territorial cooperation goal available for budgetary commitment for the period 2014-2020 as set out in Article 92(9) of Regulation (EU) No 1303/2013 should be adjusted accordingly.

(14)

For reasons of comparability with the global breakdowns in Implementing Decision 2014/190/EU, global breakdowns should be provided in 2011 prices.

(15)

For reasons of programming by the Member States, the specific annual breakdowns should be provided in current prices to reflect the indexation of 2 % per year in accordance with Article 91(1) of Regulation (EU) No 1303/2013.

(16)

Implementing Decision 2014/190/EU should therefore be amended accordingly,

(1)

Annexes I, II and III are replaced by the text set out in Annex I to this Decision;

(2)

Annexes V to X are replaced by the text set out in Annex II to this Decision;

(3)

Annexes XIV, XV and XVI are replaced by the text set out in Annex III to this Decision.