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Document L:2014:069:FULL
Official Journal of the European Union, L 069, 8 March 2014
Official Journal of the European Union, L 069, 8 March 2014
Official Journal of the European Union, L 069, 8 March 2014
Display all documents published in this Official Journal
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ISSN 1977-0677 doi:10.3000/19770677.L_2014.069.eng |
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Official Journal of the European Union |
L 69 |
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English edition |
Legislation |
Volume 57 |
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(1) Text with EEA relevance |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
INTERNATIONAL AGREEMENTS
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8.3.2014 |
EN |
Official Journal of the European Union |
L 69/1 |
Information on the date of entry into force of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand
Following signature on 18 September 2012, the Government of Denmark, the Home Rule Government of Greenland and the European Union notified on 21 December 2012, on 28 December 2012 and on 29 January 2014 respectively that they had finalised their internal procedures to conclude the Protocol to the Fisheries Partnership Agreement.
The Protocol accordingly entered into force on 29 January 2014 pursuant to Article 13.1 thereof.
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8.3.2014 |
EN |
Official Journal of the European Union |
L 69/2 |
COUNCIL DECISION
of 11 February 2014
on the signing, on behalf of the European Union and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of the Republic of Croatia as a Contracting Party, following its accession to the European Union
(2014/122/EU)
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(5) and the second subparagraph of Article 218(8) 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:
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(1) |
On 24 September 2012, the Council authorised the Commission to open negotiations with the Swiss Confederation for the adaptation, through the negotiation of a Protocol (‘the Protocol’), of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of Croatia as contracting party, in view of the enlargement of the European Union. Croatia acceded to the European Union on 1 July 2013. |
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(2) |
The negotiations on the Protocol were recently concluded. |
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Therefore, the Protocol should be signed on behalf of the European Union and its Member States, subject to its conclusion at a later date, |
HAS ADOPTED THIS DECISION:
Article 1
The signing on behalf of the European Union and its Member States of the Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of the Republic of Croatia as a Contracting Party following its accession to the European Union is hereby authorised, subject to the conclusion of the said Protocol.
Article 2
The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Union and its Member States.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 11 February 2014.
For the Council
The President
E. VENIZELOS
REGULATIONS
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8.3.2014 |
EN |
Official Journal of the European Union |
L 69/3 |
COMMISSION REGULATION (EU) No 214/2014
of 25 February 2014
amending Annexes II, IV, XI, XII and XVIII to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1), and in particular Article 39(2) thereof,
Whereas:
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(1) |
Directive 2007/46/EC establishes an harmonised framework containing the administrative provisions and general technical requirements for all new vehicles. In particular, it lists the regulatory acts laying down the technical requirements with which vehicles have to comply in order to be granted EC vehicle type-approval. Furthermore, Directive 2007/46/EC made the EC whole-vehicle type-approval mandatory for special purpose vehicles in accordance with the timetable set out in its Annex XIX. |
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(2) |
Regulation (EC) No 661/2009 of the European Parliament and of the Council (2), introduced new safety features for vehicles and provided for the repeal of several directives and their replacement by the corresponding United Nations Economic Commission for Europe (UNECE) Regulations. |
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(3) |
Annex XI to Directive 2007/46/EC contains a list of regulatory acts for the EC type-approval of special purpose vehicles, as well as specific provisions for such vehicles. It is essential to adapt Annex XI to take into account the changes introduced by Regulation (EC) No 661/2009. The date of application of Regulation (EC) No 661/2009 shall apply. |
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(4) |
To achieve the harmonisation of the technical requirements applying for the EC whole-vehicle type-approval of special purpose vehicles, it is essential to amend Annex II to Directive 2007/46/EC and to establish stricter requirements on ambulances and wheelchair accessible vehicles. In order to give time to industry to adapt their vehicles, those sticter requirements shall only apply to new vehicle types. |
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(5) |
Annex XVIII to Directive 2007/46/EC was relevant for the registration of special purpose vehicles based on incomplete vehicles holding a national type-approval. Since EC type-approvals will replace national type-approvals in accordance with the dates set out in Annex XIX to Directive 2007/46/EC, it is appropriate to delete Annex XVIII at the end of the transitional period foreseen by Annex XIX to Directive 2007/46/EC. |
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(6) |
Part II of Annex IV to Directive 2007/46/EC lists the UNECE Regulations recognised as an alternative to the directives mentioned in Part I of Annex IV. With the repeal of most of those directives by Regulation (EC) No 661/2009 from 1 November 2014 and the adoption of a new UNECE Regulation on pedestrian safety, it is appropriate to update the relevant entries in Part II of Annex IV to Directive 2007/46/EC. Furthermore, it is appropriate to correct several errors in Annex IV to that directive. |
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(7) |
Annex XII to Directive 2007/46/EC was amended the same day by Commission Regulation (EU) 1229/2012 (3) and by Commission Regulation (EU) 1230/2012 (4), which may lead to an unclear situation regarding the number of units allowed for vehicles holding a small series type-approval because Regulation (EU) 1229/2012 was drafted to be published after Regulation (EU) 1230/2012. To remove this uncertainty, it is appropriate to publish again the consolidated version of Annex XII as amended by these two legal texts. |
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(8) |
Directive 2007/46/EC should therefore be amended accordingly. |
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(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles, |
HAS ADOPTED THIS REGULATION:
Article 1
Directive 2007/46/EC is amended as follows:
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(1) |
Annexes II, IV, XI and XII are amended in accordance with the Annex to this Regulation; |
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(2) |
Annex XVIII is deleted. |
Article 2
From 1 November 2014, National authorities shall consider certificates of conformity for vehicles to be no longer valid for the purpose of Article 26(1) unless the type-approvals concerned have been updated to the requirements of Annex XI to Directive 2007/46/EC as amended by this Regulation.
However, the additional requirements on the patient compartment of ambulances in Appendix 1 of Annex XI to Directive 2007/46/EC and the Additional requirements for testing the wheel chair tie down and occupant restraint system of wheelchair accessible vehicles in Appendix 3 of Annex XI to Directive 2007/46/EC shall apply from 1 November 2014 only to new types of vehicles.
Article 3
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 1, point (2), Article 2 and Points 1(a) and 2(b)(i) of the Annex shall apply from 1 November 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 263, 9.10.2007, p. 1.
(2) Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).
(3) Commision Regulation (EU) 1229/2012 of 10 December 2012 amending Annexes IV and XII to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 353, 21.12.2012, p. 1).
(4) Commission Regulation (EU) 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers and amending Directive 2007/46/EC of the European Parliament and of the Council (OJ L 353, 21.12.2012, p. 31).
ANNEX
Directive 2007/46/EC is amended as follows:
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(1) |
In Annex II, Part A,
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(2) |
Annex IV is amended as follows:
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Annex XI is replaced by the following: ‘ANNEX XI NATURE OF AND PROVISIONS FOR THE EC TYPE-APPROVAL OF SPECIAL PURPOSE VEHICLES ‘Appendix 1 Motor-Caravans, Ambulances and Hearses
Additional requirements for ambulances The patient compartment of ambulances shall comply with the requirements of EN 1789:2007 +A1: 2010 +A2:2014 on Medical vehicles and their equipment – Road ambulances with the exception of Section 6.5, list of equipment. Proof of compliance shall be provided with a test report of a technical service. If a Wheelchair space is foreseen, the requirements of Appendix 3 relating to the wheelchair tie down and occupant restraint systems shall apply. ‘Appendix 2 Armoured Vehicles
‘Appendix 3 Wheel-chair Accessible Vehicles
Additional requirements for testing the wheelchair tie down and occupant restraint system
0. Definitions
1. General requirements
2. Static in-vehicle testing 2.1. Wheelchair occupant restraint anchorages
2.2. Wheelchair tie-down anchorages The wheelchair tie-down anchorages shall resist the following forces, for at least 0.2 seconds, applied via the SWC (or a suitable surrogate wheelchair having a wheelbase, seat height and tie-down attachment points in accordance with the specification for the SWC), at a height of 300 +/– 100 mm from the surface on which the SWC rests:
2.3. Components of the system
3. Dynamic in-vehicle testing
‘Appendix 4 Other Special Purpose Vehicles (including special group, multi-equipment carrier and trailer Caravans) The requirements of Annex IV shall be fulfilled to the greatest extent: Application of the exemptions is only permitted if the manufacturer demonstrates to the satisfaction of the approval authority that the vehicle, due to the special function, cannot meet all the requirements.
‘Appendix 5 Mobile Cranes
‘Appendix 6 Exceptional load transport vehicles
Meaning of notes:
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(4) |
Annex XII is replaced by the following: ‘ANNEX XII SMALL SERIES AND END-OF-SERIES LIMITS A. SMALL SERIES LIMITS
B. END-OF-SERIES LIMITS The maximum number of complete and completed vehicles put into service in each Member State under the procedure “End-of-Series” shall be restricted in one of the following ways to be chosen by the Member State:
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(*1) Technically permissible maximum laden mass
(*2) Any frontal protection system supplied with the vehicle shall comply with the requirements of Regulation (EC) No 78/2009 and shall be provided with a type-approval number and shall be marked accordingly.
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8.3.2014 |
EN |
Official Journal of the European Union |
L 69/65 |
COMMISSION IMPLEMENTING REGULATION (EU) No 215/2014
of 7 March 2014
laying down rules for implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund with regard to methodologies for climate change support, the determination of milestones and targets in the performance framework and the nomenclature of categories of intervention for the European Structural and Investment Funds
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (1), and in particular the third subparagraph of Article 8, the fifth subparagraph of Article 22(7) and the second subparagraph of Article 96(2) thereof,
Whereas:
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(1) |
Regulation (EU) No 1303/2013 lays down common provisions on the European Regional Development Fund (ERDF), the European Social Fund (ESF), the Cohesion Fund, the European Agricultural Fund for Rural Development (EAFRD) and the European Maritime and Fisheries Fund (EMFF) which provide support under the cohesion policy and now operate under a common framework. |
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(2) |
The provisions in this Regulation are closely linked, since they deal with the fund-specific rules for each of the five European Structural and Investment Funds (the ‘ESI Funds’) on aspects common to three or more of them, i.e. a methodology for climate change support, the determination of milestones and targets in the performance framework and the nomenclature of categories of intervention and all affect the content of programmes. To ensure coherence between those provisions, which should enter into force at the same time to facilitate strategic programming of the ESI Funds, and to facilitate a comprehensive view and compact access to them by all Union residents, it is desirable to include these elements relevant for the programming of the ESI Funds to be set out by implementing acts as required by Regulation (EU) No 1303/2013 in a single Regulation. |
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(3) |
Pursuant to the third subparagraph of Article 8 of Regulation (EU) No 1303/2013, it is necessary to adopt a common methodology to determine the level of support for climate change objectives for each of the five ESI Funds. That methodology should consist of assigning a specific weighting to the support provided under the ESI Funds at a level which reflects the extent to which such support makes a contribution to climate change mitigation and adaptation goals. The specific weighting assigned should be differentiated on the basis of whether the support makes a significant or a moderate contribution towards climate change objectives. Where the support does not contribute towards those objectives or the contribution is insignificant, a weighting of zero should be assigned. The standard weightings should be used to ensure a harmonised approach to tracking of climate change related expenditure across different Union policies. The methodology should nevertheless reflect the differences in the interventions of each of the different ESI Funds. In accordance with Regulation (EU) No 1303/2013, in the case of the ERDF, the ESF and the Cohesion Fund weightings should be attached to categories of intervention established within the nomenclature adopted by the Commission. In the case of the EAFRD weightings should be attached to focus areas set out in Regulation (EU) No 1305/2013 of the European Parliament and of the Council (2) and in the case of the EMFF to measures set out in a future Union legal act establishing the condition for the financial support for maritime and fisheries policy for the 2014-2020 programming period. |
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(4) |
Pursuant to the fifth subparagraph of Article 22(7) of Regulation (EU) No 1303/2013 it is also necessary to lay down detailed arrangements for determining the milestones and targets in the performance framework for each priority included in programmes supported by the ESI Funds and for assessing the achievement of those milestones and targets. |
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(5) |
The verification of whether the milestones and targets fulfil the conditions set out in Annex II to Regulation (EU) No 1303/2013 requires recording of the information used for this purpose and of the methodological approach taken to establish the performance framework. While the inclusion of that information in programmes should be voluntary, such documentation should be available both to the Member State and to the Commission to inform the development of a performance framework which is consistent with Annex II to Regulation (EU) No 1303/2013. |
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Achievement of milestones set in the performance framework is a precondition for the definitive allocation of the performance reserve and serious failure to achieve milestones may lead to suspension of interim payments. It is therefore important to set out detailed arrangements for setting milestones and to define precisely what constitutes achievement of milestones. |
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Since achievement of targets set for the end of the programming period is an important measure of success delivering ESI Funds and serious failure to achieve targets may be the basis for a financial correction, it is important to state clearly the arrangements for setting targets and to clarify precisely what constitutes achieving targets or a serious failure to do so. |
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(8) |
In order to reflect the progress in implementation of operations under a priority, it is necessary to set out the characteristics of key implementation steps. |
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In order to ensure that the performance framework reflects adequately the objectives and results sought for each Fund, or the Youth Employment Initiative, and category of region, where appropriate, it is necessary to set out specific provisions on the structure of the performance framework and on the assessment of the achievement of milestones and targets, where a priority covers more than one Fund or category of region. As only the ESF and the ERDF provide for financial allocations by category of region, the latter should not be considered relevant for the purposes of setting up a performance framework for the Cohesion Fund, the EAFRD and the EMFF. |
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(10) |
Pursuant to the second subparagraph of Article 96(2) of Regulation (EU) No 1303/2013 it is necessary to specify common categories of intervention for the ERDF, the ESF and Cohesion Fund to enable Member States to submit to the Commission consistent information on the programmed use of the these Funds as well as information on the cumulative allocation and expenditure of these Funds by category and the number of operations throughout the application period of a programme. This is to enable the Commission to inform the other Union institutions and citizens of the Union in an appropriate manner about the use of the Funds. With the exception of categories of intervention which correspond directly to thematic objectives or investment priorities set out in Regulation (EU) No 1303/2013 and in Fund-specific Regulations, the categories of intervention can be applied to support under different thematic objectives. |
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(11) |
In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union. |
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(12) |
The measures provided for in this Regulation are in accordance with the second subparagraph of Article 150(3) of Regulation (EU) No 1303/2013, given that the Coordination Committee for the European Structural and Investment Funds established by Article 150(1) of that Regulation delivered an opinion, |
HAS ADOPTED THIS REGULATION:
CHAPTER I
METHODOLOGY FOR DETERMINING THE SUPPORT FOR CLIMATE CHANGE OBJECTIVES FOR EACH OF THE ESI FUNDS
(Empowerment under the third subparagraph of Article 8 of Regulation (EU) No 1303/2013)
Article 1
Methodology for the calculation of support by the ERDF, the ESF and the Cohesion Fund for climate change objectives
1. The calculation of support to be used for climate change objectives by the ERDF and the Cohesion Fund shall be carried out in two steps as follows:
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(a) |
the coefficients set out in Table 1 of Annex I to this Regulation shall be applied by intervention field code to financial data reported for those codes; |
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(b) |
in relation to financial data reported against intervention field codes that have a coefficient of zero, where financial data is reported in the thematic objective dimension against codes 04 and 05 set out in Table 5 of Annex I to this Regulation, the data shall be weighted with a 40 % coefficient in terms of their contribution to climate change objectives. |
2. The climate change coefficients applied on the basis of Table 1 of Annex I to this Regulation shall also apply to the respective categories under the European territorial cooperation goal established on the basis of the second subparagraph of Article 8(2) of Regulation (EU) No 1299/2013 of the European Parliament and of the Council (3).
3. The calculation of support for climate change objectives by the ESF shall be made by identifying the financial data reported against dimension code 01 ‘Supporting the shift to a low carbon, resource efficient economy’ in accordance with Dimension 6 ‘Codes for the secondary theme dimension under the European Social Fund’ as set out in Table 6 of Annex I to this Regulation.
Article 2
Methodology for the calculation of support by the EAFRD for climate change objectives
1. The indicative amount of support to be used for climate change objectives by the EAFRD in each programme as referred to in Article 27(6) of Regulation (EU) No 1303/2013 shall be calculated by applying the coefficients set out in Annex II to this Regulation to the planned expenditure shown in the financing plan referred to in Article 8(1)(h) of Regulation (EU) No 1305/2013 in relation to the priorities and focus areas referred to in points 3(b), 4, 5 and 6(b) of Article 5 of Regulation (EU) No 1305/2013.
2. For the purpose of reporting on support used for climate change objectives in the annual implementation report in accordance with Article 50(4) and (5) of Regulation (EU) No 1303/2013, the coefficients referred to in paragraph 1 shall be applied to the information on expenditure referred to in Article 75(2) of Regulation (EU) No 1305/2013.
Article 3
Methodology for the calculation of support by the EMFF for climate change objectives
1. The contribution to climate change by the EMFF shall be calculated by attaching coefficients to each of the main measures supported by the EMFF reflecting the climate change relevance of each of these measures.
Support by the EMFF for climate change objectives shall be calculated on the basis of the following information:
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(a) |
the indicative amount of support to be used for climate change objectives by the EMFF in each programme as referred to in Article 27(6) of Regulation (EU) No 1303/2013; |
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(b) |
the coefficients established for the main measures supported by the EMFF as set out in Annex III to this Regulation; |
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(c) |
reporting by Member States on financial appropriations and expenditure by measure in annual implementation reports pursuant to Article 50(4) and (5) of Regulation No 1303/2013; |
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(d) |
the information and data provided by Member States on operations selected for funding pursuant to a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the programming period 2014-2020 (the ‘EMFF Regulation’). |
2. A Member State may propose in its operational programme that a coefficient of 40 % be assigned to a measure weighed with a coefficient of 0 % in Annex III to this Regulation, provided that it can demonstrate the relevance of that measure to climate change mitigation or adaptation.
CHAPTER II
DETERMINING MILESTONES AND TARGETS IN THE PERFORMANCE FRAMEWORK AND ASSESSING THEIR ACHIEVEMENT
(Empowerment under the fifth subparagraph of Article 22(7) of Regulation (EU) No 1303/2013)
Article 4
Information to be recorded by the bodies preparing the programmes
1. The bodies preparing programmes shall record information on the methodologies and criteria applied to select indicators for the performance framework to ensure that corresponding milestones and targets comply with the conditions set out in paragraph 3 of Annex II to Regulation (EU) No 1303/2013 for all programmes and priorities supported by the ESI Funds, as well as the specific allocation to the Youth Employment Initiative (‘YEI’) as referred to in Article 16 of Regulation (EU) No 1304/2013 of the European Parliament and of the Council (4), subject to the exceptions set out in paragraph 1 of Annex II to Regulation (EU) No 1303/2013.
2. The information recorded by the bodies preparing programmes shall permit verification of compliance with the conditions set out in paragraph 3 of Annex II to Regulation (EU) No 1303/2013 for the milestones and targets. This shall include:
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(a) |
data or evidence used to estimate the value of milestones and targets and the calculation method, such as data on unit costs, benchmarks, standard or a past rate of implementation, expert advice and the conclusions of the ex-ante evaluation; |
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(b) |
information on the share of the financial allocation represented by operations, to which the output indicators and key implementation steps set out in the performance framework correspond, as well as the explanation of how that share has been calculated; |
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(c) |
information on how the methodology and mechanisms to ensure consistency in the functioning of the performance framework set out in the Partnership Agreement in accordance with Article 15(1)(b)(iv) of Regulation (EU) No 1303/2013 have been applied; |
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(d) |
an explanation of the selection of result indicators or key implementation steps, where these have been included in the performance framework. |
3. The information on the methodologies and criteria applied to select indicators for the performance framework and to fix corresponding milestones and targets recorded by the bodies preparing programmes shall be made available at the request of the Commission.
4. The requirements referred to in paragraphs 1 to 3 of this Article shall also apply to the revision of milestones and targets in accordance with Article 30 of Regulation (EU) No 1303/2013.
Article 5
Establishment of milestones and targets
1. Milestones and targets shall be set at the level of the priority, except in the cases referred to in Article 7. Output indicators and key implementation steps set out in the performance framework shall correspond to more than 50 % of the financial allocation to the priority. For the purposes of establishing that amount, an allocation to an indicator or key implementation step shall not be counted more than once.
2. For all ESI Funds, except for the EAFRD, the milestone and the target for a financial indicator shall refer to the total amount of eligible expenditure entered into the accounting system of the certifying authority and certified by that authority in accordance with point (c) of Article 126 of Regulation (EU) No 1303/2013.
For the EAFRD, they shall refer to the realised total public expenditure entered into the common monitoring and evaluation system.
3. For all ESI Funds, except for the ESF and the EAFRD, the milestone and target for an output indicator shall refer to operations, where all the actions leading to outputs have been implemented in full, but for which not all the payments have necessarily been made.
For the ESF and for the EAFRD for measures according to Articles 16, 19(1)(c), 21 (1)(a) and (b), 27, 28, 29, 30, 31, 33, 34 of Regulation (EU) No 1305/2013, they may also relate to the achieved value for operations which have been started but where some of the actions leading to outputs are still ongoing.
For other measures under the EAFRD, they shall refer to the completed operations in the meaning of Article 2(14) of Regulation (EU) No 1303/2013.
4. A key implementation step shall be an important stage in the implementation of operations under a priority, whose completion is verifiable and may be expressed by a number or percentage. For the purpose of Articles 6 and 7 of this Regulation, key implementation steps shall be treated as indicators.
5. A result indicator shall be used only where appropriate and closely linked to supported policy interventions.
6. Where the information referred to in Article 4(2) of this Regulation has been found to be based on incorrect assumptions leading to under- or over-estimation of targets or milestones, this may be considered to constitute a duly justified case in the meaning of paragraph 5 of Annex II to Regulation (EU) No 1303/2013.
Article 6
Achievement of milestones and targets
1. The achievement of milestones and targets shall be assessed by taking into account all indicators and key implementation steps included in the performance framework set at the level of priority in the meaning of Article 2(8) of Regulation (EU) No 1303/2013 except in cases referred to in Article 7 of this Regulation.
2. The milestones or targets of a priority shall be deemed to be achieved if all indicators included in the related performance framework have achieved at least 85 % of the milestone value by the end of 2018 or at least 85 % of the target value by the end of 2023. By way of derogation, where the performance framework includes three or more indicators, the milestones or targets of a priority may be deemed to be achieved if all indicators except for one achieve 85 % of their milestone values by the end of 2018 or 85 % of their target value by the end of 2023. The indicator, which does not achieve 85 % of its milestone or target value, shall not achieve less than 75 % of its milestone or target value.
3. For a priority whose performance framework includes no more than two indicators, a failure to achieve at least 65 % of the milestone value by the end of 2018 for either of these indicators shall be deemed a serious failure to achieve milestones. A failure to achieve at least 65 % of the target value by the end of 2023 for either of these indicators shall be deemed a serious failure to achieve the targets.
4. For a priority whose performance framework includes more than two indicators the failure to achieve at least 65 % of the milestone value by the end of 2018 for at least two of those indicators shall be deemed a serious failure to achieve milestones A failure to achieve at least 65 % of the target value by the end of 2023 for at least two of these indicators shall be deemed a serious failure to achieve the targets.
Article 7
Performance framework for priority axes referred to in Article 96(1)(a) and (b) of Regulation (EU) No 1303/2013 and priority axes integrating the YEI
1. The indicators and key implementation steps selected for the performance framework, their milestones and targets, as well as their achievement values shall be broken down by Fund and, for the ERDF and the ESF, by category of region.
2. The information required in Article 4(2) of this Regulation shall be set out by Fund and by category of region, where applicable.
3. The achievement of milestones and targets shall be assessed separately for each Fund and for each category of region within the priority, taking into account the indicators, their milestones and targets, and their achievement values broken down by Fund and category of region. Output indicators and key implementation steps set out in the performance framework shall correspond to more than 50 % of the financial allocation to the Fund and category of region, where applicable. For the purposes of establishing that amount, an allocation to an indicator or key implementation step shall not be counted more than once.
4. If the resources for the YEI are programmed as a part of a priority axis in accordance with Article 18(c) of Regulation (EU) No 1304/2013, a performance framework shall be established separately for the YEI and the achievement of milestones set for the YEI shall be assessed separately from the other part of the priority axis.
CHAPTER III
NOMENCLATURE OF CATEGORIES OF INTERVENTION FOR THE ERDF, THE ESF AND THE COHESION FUND UNDER THE INVESTMENT FOR GROWTH AND JOBS GOAL
Article 8
Categories of intervention for the ERDF, the ESF and the Cohesion Fund
(Empowerment under the second subparagraph of Article 96(2) of Regulation (EU) No 1303/2013)
1. The nomenclature for categories of intervention referred to in the second subparagraph of Article 96(2) of Regulation (EU) No 1303/2013 is set out in Tables 1 to 8 of Annex I to this Regulation. The Codes set out in these tables shall apply to the ERDF with regard to the Investment for growth and jobs goal, the Cohesion Fund, the ESF and the YEI, as specified in paragraphs 2 and 3 of this Article.
2. Codes 001 to 101 set out in Table 1 of Annex I to this Regulation shall only apply to the ERDF and the Cohesion Fund.
Codes 102 to 120 set out in Table 1 of Annex I to this Regulation shall only apply to the ESF.
Only Code 103 set out in Table 1 of Annex I to this Regulation shall apply to the YEI.
Codes 121, 122 and 123 set out in Table 1 of Annex I to this Regulation shall apply to the ERDF, the Cohesion Fund and the ESF.
3. The codes set out in Tables 2 to 4, 7 and 8 of Annex I to this Regulation shall apply to the ERDF, the ESF, the YEI and the Cohesion Fund.
The codes set out in Table 5 of Annex I to this Regulation shall only apply to the ERDF and the Cohesion Fund.
The codes set out in Table 6 of Annex I to this Regulation shall only apply to the ESF and the YEI.
CHAPTER IV
FINAL PROVISIONS
Article 9
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 3 and Annex III to this Regulation shall apply with effect as of the entry into force of the EMFF Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 347, 20.12.2013, p. 320.
(2) 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 and repealing Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).
(3) Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (OJ L 347, 20.12.2013, p. 259).
(4) Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 181/2006 (OJ L 347, 20.12.2013, p. 470).
ANNEX I
Nomenclature for the categories of intervention of the Funds (1) under the Investment for growth and jobs goal and of the Youth Employment Initiative
TABLE 1: CODES FOR THE INTERVENTION FIELD DIMENSION
|
Coefficient for the calculation of support to climate change objectives |
||
|
I. Productive investment: |
|||
|
0 % |
||
|
0 % |
||
|
40 % |
||
|
0 % |
||
|
II. Infrastructure providing basic services and related investment: |
|||
|
Energy infrastructure |
|
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
100 % |
||
|
100 % |
||
|
100 % |
||
|
100 % |
||
|
100 % |
||
|
100 % |
||
|
100 % |
||
|
100 % |
||
|
Environmental infrastructure |
|
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
40 % |
||
|
0 % |
||
|
100 % |
||
|
Transport infrastructure |
|
||
|
40 % |
||
|
40 % |
||
|
40 % |
||
|
40 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
40 % |
||
|
40 % |
||
|
0 % |
||
|
0 % |
||
|
40 % |
||
|
40 % |
||
|
40 % |
||
|
40 % |
||
|
Sustainable transport |
|
||
|
40 % |
||
|
40 % |
||
|
Information and communication technology (ICT) infrastructure |
|
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
III. Social, health and education infrastructure and related investment: |
|||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
IV. Development of endogenous potential: |
|||
|
Research and development and innovation |
|
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
100 % |
||
|
Business development |
|
||
|
0 % |
||
|
0 % |
||
|
100 % |
||
|
40 % |
||
|
100 % |
||
|
100 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
Information and communication technology (ICT) — demand stimulation, applications and services |
|
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
Environment |
|
||
|
40 % |
||
|
40 % |
||
|
40 % |
||
|
40 % |
||
|
100 % |
||
|
0 % |
||
|
0 % |
||
|
100 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
Other |
|
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
40 % |
||
|
0 % |
||
|
V. Promoting sustainable and quality employment and supporting labour mobility: |
|||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
VI. Promoting social inclusion, combating poverty and any discrimination: |
|||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
VII. Investing in education, training and vocational training for skills and lifelong learning: |
|||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
VIII. Enhancing institutional capacity of public authorities and stakeholders and efficient public administration: |
|||
|
0 % |
||
|
0 % |
||
|
IX. Technical assistance: |
|||
|
0 % |
||
|
0 % |
||
|
0 % |
||
TABLE 2: CODES FOR THE FORM OF FINANCE DIMENSION
|
2. FORM OF FINANCE |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
TABLE 3: CODES FOR THE TERRITORIAL DIMENSION
|
3. TERRITORY TYPE |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
TABLE 4: CODES FOR THE TERRITORIAL DELIVERY MECHANISMS DIMENSION
|
4. TERRITORIAL DELIVERY MECHANISMS |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
TABLE 5: CODES FOR THEMATIC OBJECTIVE DIMENSION
|
5. THEMATIC OBJECTIVE (ERDF and the Cohesion Fund) |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
TABLE 6: CODES FOR THE SECONDARY THEME DIMENSION UNDER THE ESF
|
Coefficient for the calculation of support to climate change objectives |
||
|
100 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
||
|
0 % |
TABLE 7: CODES FOR THE ECONOMIC ACTIVITY DIMENSION
|
7. ECONOMIC ACTIVITY |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
TABLE 8: CODES FOR THE LOCATION DIMENSION
| 8. LOCATION (2) |
|
|
Code |
Location |
|
|
Code of region or area where operation is located/carried out, as set out in the Classification of Territorial Units for Statistics (NUTS) in the Annex to Regulation (EC) No 1059/2003 of the European Parliament and of the Council (3) |
(1) European Regional Development Fund, Cohesion Fund and European Social Fund.
(2) Restricted to investments related to environmental protection or accompanied by investments necessary to mitigate or reduce its negative environmental impact.
(3) Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
ANNEX II
Coefficients for calculating amounts of support for climate change objectives in the case of the European Agricultural Fund for Rural Development pursuant to Article 2
|
Article of Regulation (EU) No 1305/2013 (1) |
Priority / focus area |
Coefficient |
|
Article 5(3)(b) |
Supporting farm risk prevention and management |
40 % |
|
Article 5(4) |
Restoring, preserving and enhancing ecosystems related to agriculture and forestry (all focus areas) |
100 % |
|
Article 5(5) |
Promoting resource efficiency and supporting the shift towards a low-carbon and climate-resilient economy in the agriculture, food and forestry sectors (all focus areas) |
100 % |
|
Article 5(6)(b) |
Fostering local development in rural areas |
40 % |
(1) 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) (OJ L 347, 20.12.2013, p. 487).
ANNEX III
Coefficients for calculating amounts of support for climate change objectives in the case of the European Maritime and Fisheries Fund pursuant to Article 3
|
|
Title of the Measure |
Provisional numbering |
Coefficient |
|
|
Innovation |
Article 28 |
0 %* (1) |
|
|
Advisory services |
Article 29 |
0 % |
|
|
Partnership between scientists and fishermen |
Article 30 |
0 %* |
|
|
Promoting human capital and social dialogue - training, networking, social dialogue |
Article 31 |
0 %* |
|
|
Promoting human capital and social dialogue - support to spouses and life partners |
Article 31.2 |
0 %* |
|
|
Promoting human capital and social dialogue – trainees on board of SSCF vessels |
Article 31.3 |
0 %* |
|
|
Diversification and new forms of income |
Article 32 |
0 %* |
|
|
Start-up support for young fishermen |
Article 32a |
0 % |
|
|
Health and safety |
Article 33 |
0 % |
|
|
Temporary cessation of fishing activities |
Article 33a |
40 % |
|
|
Permanent cessation of fishing activities |
Article 33b |
100 % |
|
|
Mutual funds for adverse climatic events and environmental incidents |
Article 33c |
40 % |
|
|
Support to systems of allocation of fishing opportunities |
Article 34 |
40 % |
|
|
Support for the design and implementation of conservation measures |
Article 35 |
0 % |
|
|
Limiting the impact of fishing on the marine environment and adapting fishing to the protection of species |
Article 36 |
40 % |
|
|
Innovation linked to the conservation of marine biological resources |
Article 37 |
40 % |
|
|
Protection and restoration of marine biodiversity – collection of waste |
Article 38.1.a |
0 % |
|
|
Protection and restoration of marine biodiversity – contribution to a better management or conservation, construction, installation or modernisation of static or movable facilities, preparation of protection and management plans related to NATURA2000 sites and special protected areas, management, restoration and monitoring marine protected areas, including NATURA 2000 sites, environmental awareness, participation in other actions aimed at maintaining and enhancing biodiversity and ecosystem services |
Article 38.1.b-e, ea, f |
40 % |
|
|
Protection and restoration of marine biodiversity – schemes for the compensation of damage to catches caused by mammals and birds |
Article 38.1.eb |
0 % |
|
|
Mitigation of climate change – on board investments |
Article 39.1.a |
100 % |
|
|
Mitigation of climate change – energy efficiency audits and schemes |
Article 39.1.b |
100 % |
|
|
Energy efficiency - studies to assess the contribution of alternative propulsion systems and hull designs |
Article 39.1.c |
40 % |
|
|
Replacement or modernisation of main or ancillary engines |
Article 39.2 |
100 % |
|
|
Added value, product quality and use of unwanted catches |
Article 40 |
0 % |
|
|
Fishing ports, landing sites, auction halls and shelters - investments improving fishing port and auctions halls infrastructure or landing sites and shelters |
Article 41.1 |
40 % |
|
|
Fishing ports, landing sites, auction halls and shelters – investments to facilitate compliance with the obligation to land all catches |
Article 41.2 |
0 % |
|
|
Fishing ports, landing sites, auction halls and shelters – investments to improve the safety of fishermen |
Article 41.3 |
0 % |
|
|
Inland Fishing and inland aquatic fauna and flora - on board or in individual equipment as referred to in Article 33 |
Article 42.1.a |
0* % |
|
Inland fishing and inland aquatic fauna and flora. Investments in equipment and types of operations as referred to in Article 36 and Article 37 |
Article 42.1.b |
||
|
Inland Fishing and inland aquatic fauna and flora - on board and energy efficiency audits and schemes |
Article 42.1.c |
||
|
|
Inland Fishing and inland aquatic fauna and flora –promotion of human capital and social dialogue. |
Article 42.1.aa |
0 % |
|
|
Inland Fishing and inland aquatic fauna and flora - fishing ports, shelters and landing sites |
Article 42.1.d |
0 % |
|
|
Inland Fishing and inland aquatic fauna and flora - investments improving the value or quality of the fish caught |
Article 42.1.da |
0 % |
|
|
Inland Fishing and inland aquatic fauna and flora - start-up for young fishermen |
Article 42.1.1a |
0 % |
|
|
Inland Fishing and inland aquatic fauna and flora - development and facilitation of innovation |
Article 42.1b |
0 %* |
|
|
Inland Fishing and inland aquatic fauna and flora - to protect and develop aquatic fauna and flora, |
Article 42.5 |
40 % |
|
|
Innovation |
Article 45 |
0 %* |
|
|
Productive investments in aquaculture |
Article 46 |
0 %* |
|
|
Management, relief and advisory services for aquaculture farms |
Article 48 |
0 %* |
|
|
Promoting human capital and networking |
Article 49 |
0 %* |
|
|
Increasing the potential of aquaculture sites |
Article 50 |
40 % |
|
|
Encouraging new sustainable aquaculture farmers |
Article 51 |
0 % |
|
|
Conversion to eco-management and audit schemes and organic aquaculture |
Article 53 |
40 % |
|
|
Aquaculture providing environmental services |
Article 54 |
40 % |
|
|
Public health measures |
Article 55 |
0 % |
|
|
Animal health and welfare measures |
Article 56 |
0 % |
|
|
Aquaculture stock insurance |
Article 57 |
40 % |
|
|
Preparatory support |
Article 63.1.a |
0 % |
|
|
Implementation of local development strategies |
Article 65 |
40 % |
|
|
Cooperation activities |
Article 66 |
0 %* |
|
|
Running cost and animation |
Article 63.1.d |
0 % |
|
|
Production and marketing plans |
Article 69 |
0 %* |
|
|
Storage aid |
Article 70 |
0 % |
|
|
Marketing measures |
Article 71 |
0 %* |
|
|
Processing of fisheries and aquaculture products |
Article 72 |
40 % |
|
|
Compensation regime |
Article 73 |
0 % |
|
|
Control and enforcement |
Article 78 |
0 % |
|
|
Data collection |
Article 79 |
0 %* |
|
|
Technical assistance at the initiative of the Member States |
Article 79a |
0 % |
|
|
Integrating Maritime Surveillance |
Article 79b.1.a |
40 % |
|
|
Promotion of the protection of marine environment, and the sustainable use of marine and coastal resources |
Article 79b.1.b |
40 % |
(1) A weight of 40 % can be assigned to the measures marked with * in the table, in accordance with Article 3(2).
|
8.3.2014 |
EN |
Official Journal of the European Union |
L 69/85 |
COMMISSION REGULATION (EU) No 216/2014
of 7 March 2014
amending Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat
(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 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (1), and in particular points 6, 8, 10 and 12 of Article 18 thereof,
Whereas:
|
(1) |
Commission Regulation (EC) No 2075/2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat (2) lays down rules for the sampling of carcases of species susceptible to Trichinella infection, for the determination of the status holdings and regions and conditions for import of meat into the Union. It also provides for reference methods and equivalent methods of detection of Trichinella in samples of carcases. |
|
(2) |
The European Food Safety Authority (EFSA) adopted on 3 October 2011 a Scientific Opinion on the public health hazards to be covered by inspection of meat (swine) (3). In that opinion EFSA identified Trichinella as a medium risk for public health related to the consumption of pig meat and concludes that with respect to inspection methods for biological hazards, a pork carcass safety assurance, with a range of preventive measures and controls applied both on-farm and at slaughterhouse in an integrated way is the only way to ensure an effective control of the main hazards. |
|
(3) |
EFSA identified certain epidemiological indicators in relation to Trichinella. Depending on the purpose and the epidemiological situation of the country the indicators may be applied at national, regional, slaughterhouse or holding level. |
|
(4) |
EFSA recognises the sporadic presence of Trichinella in the Union, mainly in free-ranging and backyard pigs. EFSA also identified that the type of production system is the single main risk factor for Trichinella infections. In addition, available data demonstrate that the risk of Trichinella infection in pigs from officially recognised controlled housing conditions is negligible. |
|
(5) |
A negligible risk status for a country or region is no longer recognised in an international context by the World Animal Health Organisation (OIE). Instead, such recognition is linked to compartments of one or more holdings applying specific controlled housing conditions. |
|
(6) |
For reasons of consistency with international standards, and in order to enhance a control system in accordance with the actual public health risks, the Trichinella risk mitigation measures, including import conditions, at slaughterhouses and the conditions for determination of the Trichinella infection status of countries, regions or holdings should be adapted, rationalised and simplified. |
|
(7) |
Belgium and Denmark notified in 2011 a Trichinella negligible risk for their territory in accordance with Regulation (EC) No 2075/2005. Such negligible risk status for a country or region is however no longer recognised. Nevertheless, holdings and compartments in Belgium and Denmark which comply with the conditions for controlled housing at the date of entry into force of this Regulation should be allowed to apply the derogation for such holdings and compartments without additional prerequisites such as further requirements of post-official recognition by the competent authority. |
|
(8) |
The EU Reference Laboratory for parasites has recommended clarifying the text of the Regulation in relation to the procedure of certain equivalent methods for Trichinella testing. |
|
(9) |
It should be provided that the operators must ensure that dead animals are collected, identified and transported without undue delay in accordance with Articles 21 and 22 of 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) (4) and with Annex VIII to Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (5). |
|
(10) |
The number of cases (imported and autochthonous) of Trichinella in humans, including epidemiological data should be reported in accordance with Commission Decision 2000/96/EC of 22 December 1999 on the communicable diseases to be progressively covered by the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (6). |
|
(11) |
Regulation (EC) No 2075/2005 should therefore be amended accordingly. |
|
(12) |
The requirements provided for in this Regulation involve an adaptation of current practices both for food business operators and competent authorities. It is therefore appropriate to allow a delayed application of some of the provisions of this Regulation. |
|
(13) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2075/2005 is amended as follows:
|
(1) |
Article 1 is replaced by the following: ‘Article 1 Definitions For the purposes of this Regulation, the following definitions shall apply:
|
|
(2) |
Articles 2 and 3 are replaced by the following: ‘Article 2 Sampling of carcases 1. Carcases of domestic swine shall be sampled in slaughterhouses as part of the post-mortem examination as follows:
A sample shall be collected from each carcase and the sample shall be examined for Trichinella, in a laboratory designated by the competent authority, using one of the following methods of detection:
2. Pending the results of the Trichinella examination and provided full traceability is guaranteed by the food business operator, such carcases may be cut up into a maximum of six parts in a slaughterhouse or in a cutting plant on the same premises as the slaughterhouse (the premises). By way of derogation from the first subparagraph and following approval by the competent authority, such carcases may be cut up at a cutting plant attached to or separate from the slaughterhouse provided that:
3. Carcases of horses, wild boar and other farmed and wild animal species susceptible to Trichinella infestation shall be systematically sampled in slaughterhouses or game-handling establishments as part of the post-mortem examination. A sample shall be collected from each carcase and the sample shall be examined in accordance with Annexes I and III in a laboratory designated by the competent authority. Article 3 Derogations 1. By way of derogation from Article 2(1), meat of domestic swine that has undergone a freezing treatment in accordance with Annex II under the supervision of the competent authority shall be exempt from Trichinella examination. 2. By way of derogation from Article 2(1), carcases and meat of not weaned domestic swine less than five weeks of age shall be exempt from Trichinella examination. 3. By way of derogation from Article 2(1), carcases and meat of domestic swine may be exempt from Trichinella examination where the animals come from a holding or a compartment officially recognised as applying controlled housing conditions in accordance with Annex IV, if:
4. Where a Member State implements the derogation provided for in paragraph 3, the Member State concerned shall inform the Commission and the other Member States at the Standing Committee of the Food Chain and Animal Health and submit an annual report to the Commission containing the information referred to in Chapter II of Annex IV. The Commission shall publish on its website the list of Member States implementing the derogation. Where a Member State fails to submit that annual report or the annual report is unsatisfactory for the purposes of this Article, then the derogation shall cease to apply to that Member State.’; |
|
(3) |
Articles 8 to 12 are replaced by the following: ‘Article 8 Official recognition of holdings applying controlled housing conditions 1. For the purpose of this Regulation, the competent authority may officially recognise a holding or a compartment applying controlled housing conditions where the requirements laid down in Annex IV are complied with. 2. Holdings or a compartment applying controlled housing conditions in Denmark or Belgium in accordance with Article 3, paragraph 3(c) at the date of application of this Regulation are considered to be officially recognised applying controlled housing conditions as listed in Annex IV to this Regulation. Article 9 Obligation on food business operators to inform Food business operators of holdings officially recognised as applying controlled housing conditions shall inform the competent authority of any requirement as laid down in Annex IV that is no longer fulfilled or of any other change that might affect holdings’ Trichinella status. Article 10 Audits of holdings officially recognised as applying controlled housing conditions The competent authority shall ensure that audits are carried out periodically of holdings officially recognised as applying controlled housing conditions. The frequency of audits shall be risk-based, taking account of disease history and prevalence, previous findings, the geographical area, local susceptible wildlife, animal husbandry practices, veterinary supervision and farmers’ compliance. The competent authority shall verify that domestic swine coming from those holdings are examined in accordance with Article 2(1). Article 11 Monitoring programmes The competent authority may implement a monitoring programme covering the population of domestic swine coming from a holding or a compartment officially recognised as applying controlled housing conditions, in order to verify that Trichinella is effectively absent in that population. The frequency of testing, the number of animals to be tested and the sampling plan shall be laid down in the monitoring programme. To that end, meat samples shall be collected and examined for presence of Trichinella parasites in accordance with Chapter I or II of Annex I. The monitoring programme may include serological methods as an additional tool once a suitable test is validated by the EU reference laboratory. Article 12 Withdrawal of official recognition of holdings as applying controlled housing conditions 1. Where the results of the audits carried out in accordance with Article 10 show that the requirements of Annex IV are no longer fulfilled, the competent authority shall withdraw the holdings official recognition without delay. 2. Where domestic swine from a holding officially recognised as applying controlled housing conditions test positive to Trichinella, the competent authority shall without delay:
3. Following withdrawal of recognition, holdings may be officially recognised again once the problems identified have been solved and the requirements laid down in Annex IV are fulfilled to the satisfaction of the competent authority. 4. If the inspection identified a lack of compliance with Article 9 or positive testing in a holding of a compartment, the holding concerned should be removed from the compartment until compliance is re-established.’; |
|
(4) |
Article 13 is replaced by the following: ‘Article 13 Import health requirements Meat of animal species that may be carriers of Trichinella, containing striated muscles and coming from a third country may only be imported into the Union if examination for Trichinella has been performed in accordance with Articles 2 and 3 in that third country before export.’; |
|
(5) |
Article 14 is deleted; |
|
(6) |
Article 15 is replaced by the following: ‘Article 15 Documents The health certificate accompanying imports of meat as referred to in Article 13 shall be endorsed with a statement by the official veterinarian to the effect that the examination for Trichinella in the third country of origin has been performed in accordance with Article 13. That document shall accompany the meat in the original unless an exemption has been granted in accordance with Article 14(4) of Regulation (EC) No 854/2004.’; |
|
(7) |
Annex I is amended in accordance with Annex I to this Regulation; |
|
(8) |
Annex IV is replaced by the text in Annex II to this Regulation. |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 June 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 139, 30.4.2004, p. 206.
(2) OJ L 338, 22.12.2005, p. 60.
(3) EFSA Journal 2011; 9(10):2351[198 pp.], published 3 October 2011.
ANNEX I
Annex I to Regulation (EC) No 2075/2005 is amended as follows:
|
(1) |
in Chapter I, point 3. Procedure, the following paragraph is added: ‘IV. Cleaning and decontamination procedure after a positive or doubtful result When the examination of a collective or individual sample produces a positive or doubtful latex agglutination result, all material in contact with meat (blender bowl, beaker, stirring rod, temperature sensor, conical filtration funnel, sieve and forceps) must be carefully decontaminated by soaking for few seconds in warm water (65 to 90 °C). Meat residues or inactivated larvae that could remain on their surface may be removed with a clean sponge and tap water. If required, a few drops of detergent can be added for degreasing equipment. It is then recommended to rinse each piece thoroughly to remove all traces of detergent.’; |
|
(2) |
Part D, of Chapter II, point 3 is replaced by the following: ‘3. Procedure I. For complete pools (100 g of samples at a time)
II. Pools of less than 100 g as set out in Chapter I(3)(II) For pools of less than 100 g, the procedure set out in Chapter I(3)(II) must be followed. III. Positive or doubtful results Where examination of a collective sample produces a positive or uncertain latex agglutination result, a further 20 g sample is taken from each swine in accordance with Chapter I(2)(a). The 20 g samples from five swine are pooled and examined using the method described in Section I. In this way samples from 20 groups of five swine must be examined. When a positive latex agglutination is obtained from a group of five swine, further 20 g samples are collected from the individuals in the group and each is examined separately using the method described in Section I. When a positive or uncertain latex agglutination result is obtained, at least 20 g of swine muscle must be sent to the national reference laboratory for confirmation using one of the methods described in Chapter I. Parasite samples must be kept in 90 % ethyl alcohol for conservation and identification at species level at the EU or national reference laboratory. After parasite collection, positive fluids must be decontaminated by heating to at least 60 °C. IV. Cleaning and decontamination procedure after a positive or doubtful result. When the examination of a collective or individual sample produces a positive or doubtful latex agglutination result, all material in contact with meat (blender bowl, beaker, stirring rod, temperature sensor, conical filtration funnel, sieve and forceps) must be carefully decontaminated by soaking for few seconds in warm water (65 to 90 °C). Meat residues or inactivated larvae that could remain on their surface may be removed with a clean sponge and tap water. If required, a few drops of detergent can be added for degreasing equipment. It is then recommended to rinse each piece thoroughly to remove all traces of detergent.’ |
ANNEX II
‘ANNEX IV
CHAPTER I
OFFICIAL RECOGNITION OF A HOLDINGS OR A COMPARTMENT AS APPLYING CONTROLLED HOUSING CONDITIONS
|
A. |
The following requirements must be met by food business operators to obtain official recognition of holdings:
|
|
B. |
Food business operators of holdings officially recognised as applying controlled housing conditions shall inform the competent authority where any of the requirements laid down in point A is no longer fulfilled or where any other change has occurred that might affect the status of the holding. |
|
C. |
The competent authorities in Member States may only recognise a holding or a category of holdings provided that they have verified that the requirements laid down in point A are met. |
CHAPTER II
REPORTING ON TRICHINELLA SITUATION
|
(a) |
The number of cases (imported and autochthonous) of Trichinella in humans, including epidemiological data shall be reported in accordance with Commission Decision 2000/96/EC (*4). |
|
(b) |
The number of tests and the results of testing for Trichinella in domestic swine, wild boar, horses, game and any other susceptible animals shall be submitted in accordance with Annex IV to Directive 2003/99/EC. Data on domestic swine shall, at least, provide specific information related to:
|
(*2) OJ L 300, 14.11.2009, p. 1.
|
8.3.2014 |
EN |
Official Journal of the European Union |
L 69/93 |
COMMISSION REGULATION (EU) No 217/2014
of 7 March 2014
amending Regulation (EC) No 2073/2005 as regards Salmonella in pig carcases
(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 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (1), and in particular Article 4(4) thereof,
Whereas:
|
(1) |
Commission Regulation (EC) No 2073/2005 (2) lays down the microbiological criteria for certain micro-organisms and the implementing rules to be complied with by food business operators in respect of the general and specific hygiene requirements referred to in Article 4 of Regulation (EC) No 852/2004, and in particular a process hygiene criterion for Salmonella on pig carcases in order to control contamination during slaughter. |
|
(2) |
The European Food Safety Authority (EFSA) adopted on 3 October 2011 a Scientific Opinion on the public health hazards to be covered by inspection of meat (swine) (3), which identifies Salmonella as a high risk for public health related to the consumption of pigmeat, and recommends prevention of contamination of pig carcases with Salmonella. EFSA recommends, inter alia, to strengthen the process hygiene criterion for Salmonella on pig carcases. |
|
(3) |
In order to reduce the Salmonella prevalence on pig carcases, the control on hygiene during slaughter should be strengthened in accordance with the provisions in Commission Regulation (EU) No 218/2014 of 7 March 2014 amending Annexes to Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council and Commission Regulation (EC) No 2074/2005 (4) and consequently the number of positive samples should be reduced. |
|
(4) |
The requirements provided for in the Regulation involve the adaptation of current practices for food business operators. It is therefore appropriate to allow a delayed application of this Regulation. |
|
(5) |
Regulation (EC) No 2073/2005 should therefore be amended accordingly. |
|
(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, |
HAS ADOPTED THIS REGULATION:
Article 1
In Chapter 2 of Annex I to Regulation (EC) No 2073/2005, row 2.1.4 is replaced by the following:
|
Salmonella |
50 (5) |
3 (6) |
Absence in the area tested per carcase |
EN/ISO 6579 |
Carcases after dressing but before chilling |
Improvements in slaughter hygiene and review of process controls, origin of animals and of the biosecurity measures in the farms of origin’ |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 June 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 226, 25.6.2004, p. 3.
(2) OJ L 338, 22.12.2005, p. 1.
(3) EFSA Journal 2011; 9(10):2351.
(4) See page 95 of this Official Journal.
|
8.3.2014 |
EN |
Official Journal of the European Union |
L 69/95 |
COMMISSION REGULATION (EU) No 218/2014
of 7 March 2014
amending Annexes to Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council and Commission Regulation (EC) No 2074/2005
(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 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1), and in particular Article 10(1) thereof,
Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (2), and in particular Article 17(1) and points 3 and 10 of Article 18 thereof,
Whereas:
|
(1) |
Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. In accordance with Annex II to that Regulation food business operators operating slaughterhouses are to request, receive, check and act upon food chain information in respect of all animals, other than wild game, sent or intended to be sent to the slaughterhouse. Such information includes the status of the holding of provenance. |
|
(2) |
Commission Regulation (EU) No 216/2014 of 7 March 2014 amending Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat (3) grants derogation from testing provisions to holdings which apply controlled housing conditions. Such information should therefore be included in the food chain information to be provided to the slaughterhouse, in order to enable the Member States to apply the appropriate Trichinella testing regime. |
|
(3) |
Regulation (EC) No 853/2004 lays down conditions under which meat from animals having undergone emergency slaughter outside a slaughterhouse, is fit for human consumption. As emergency slaughter meat which has successfully passed meat inspection does not constitute a risk to public health, the requirement for a special health mark and the restriction to the national market for the emergency slaughter meat should be deleted from that Regulation and the requirement for a special health mark for the emergency slaughter meat also from Regulation (EC) No 854/2004. |
|
(4) |
Regulation (EC) No 854/2004 lays down specific rules for the organisation of official controls on products of animal origin. In particular, Annex I to that Regulation lays down rules for ante-mortem and post-mortem inspection, including visual inspection, and for specific hazards in fresh meat. |
|
(5) |
Regulation (EC) No 854/2004 provides that official auxiliaries may assist the official veterinarian with official controls subject to certain restrictions. In relation to ante-mortem inspection and checks concerning the welfare of animals, official auxiliaries should be allowed to help the official veterinarian with the preselection of animals with abnormalities. |
|
(6) |
The European Food Safety Authority (EFSA) adopted on 3 October 2011 a Scientific Opinion on the public health hazards to be covered by inspection of meat (swine) (4), which concluded that the currently required palpations and incisions in post-mortem inspection involve a risk of cross contamination. To prevent that cross contamination, those palpations and incisions should not be required anymore for normal animals, but only when abnormalities are identified. In that opinion EFSA identifies that the pathogens causing endocarditis in pigs are not relevant for public health. Since the routine incision of the heart is not necessary for safety reasons, it should not be required anymore. |
|
(7) |
In the same opinion EFSA identifies Salmonella as a high risk for public health related to the consumption of pigmeat, and recommends to prevent contamination of pig carcases with Salmonella. |
|
(8) |
In Chapter IX of Section IV of Annex I to Regulation (EC) No 854/2004, provisions are laid down on the tasks of the official veterinarian for specific hazards. Salmonella should also be subject of specific task of the official veterinarian, in particular in case of non-compliance with specific Union legislation. In particular supervision of the existing process hygiene criterion for Salmonella on carcases laid down in Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (5) and enforcement of action by the food business operator in case of non-compliance with specific Union legislation, should be integrated in pigmeat inspection. The supervision also provides a cost-efficient tool to provide the information on the mandatory monitoring of Salmonella in the pigmeat production chain in accordance with Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC (6). |
|
(9) |
In Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (7), specific requirements are laid down for optional visual post-mortem inspection of pigs. The amendments proposed in the present Regulation of the standard post-mortem inspection requirements in Regulation (EC) No 854/2004 make the requirements for optional visual inspection of pigs laid down in Regulation (EC) No 2074/2005 irrelevant for pigs and consequently those requirements should be amended. |
|
(10) |
The requirements provided for in the Regulation involve an adaptation of current practices both for food business operators and competent authorities. It is therefore appropriate to allow a delayed application of this Regulation. |
|
(11) |
Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 2074/2005 should be therefore amended accordingly. |
|
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 853/2004
Regulation (EC) No 853/2004 is amended as follows:
|
(1) |
point 3(a) of Section III of Annex II is replaced by the following:
|
|
(2) |
in Chapter VI of Section I of Annex III, point 9 is deleted. |
Article 2
Amendments to Regulation (EC) No 854/2004
Annex I to Regulation (EC) No 854/2004 is amended as follows:
|
(1) |
in Chapter III of Section I, point 7 is deleted; |
|
(2) |
in Chapter I of Section III, point 2 is replaced by the following:
|
|
(3) |
in Part B of Chapter IV of Section IV, points 1 and 2 are replaced by the following:
|
|
(4) |
in Chapter IX of Section IV, the following part G is added: ‘G. Salmonella
(*2) OJ L 338, 22.12.2005, p. 1." (*3) If all negative, 95 % statistical certainty is provided that the prevalence is below 6 %." |
Article 3
Amendments to Regulation (EC) No 2074/2005
In point 3 of Annex VIb to Regulation (EC) No 2074/2005, point (a) is deleted.
Article 4
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 June 2014.
However, Part G(3) in Chapter IX of Section IV of Annex I to Regulation (EC) No 854/2004 will apply from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 139, 30.4.2004, p. 55.
(2) OJ L 139, 30.4.2004, p. 206.
(3) See page 85 of this Official Journal.
(4) EFSA Journal 2011; 9(10):2351.
(5) OJ L 338, 22.12.2005, p. 1.
|
8.3.2014 |
EN |
Official Journal of the European Union |
L 69/99 |
COMMISSION REGULATION (EU) No 219/2014
of 7 March 2014
amending Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council as regards the specific requirements for post-mortem inspection of domestic swine
(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 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (1), and in particular Article 17(1) and point 7 of Article 18 thereof,
Whereas:
|
(1) |
Regulation (EC) No 854/2004 lays down specific rules for the organisation of official controls on products of animal origin. It provides, inter alia, that Member States are to ensure that official controls with respect to fresh meat take place in accordance with Annex I thereto. Regulation (EC) No 854/2004 also provides that the official veterinarian is to carry out inspection tasks in slaughterhouses, game handling establishments and cutting plants placing fresh meat on the market in accordance with, inter alia, the specific requirements of Section IV of Annex I thereto. |
|
(2) |
Part B of Chapter IV of Section IV of Annex I to Regulation (EC) No 854/2004 sets out the specific requirements for the post-mortem inspection of domestic swine. |
|
(3) |
The European Food Safety Authority (EFSA) adopted on 3 October 2011 a Scientific Opinion on the public health hazards to be covered by inspection of meat (swine) (2), which concluded that the currently required palpations and incisions in post-mortem inspection, involve a risk of cross contamination with bacterial hazards. |
|
(4) |
EFSA also concluded that palpation or incisions used in current post-mortem inspection should be omitted in pigs subjected to routine slaughter, because the risk of microbial cross-contamination is higher than the risk associated with potentially reduced detection of conditions targeted by those techniques. The use of those manual techniques during post-mortem inspection should be limited to suspect pigs identified, inter alia, through post-mortem visual detection of relevant abnormalities. |
|
(5) |
In view of the EFSA Opinion, it is appropriate to amend the specific requirements for the post-mortem inspection of domestic swine set out in Part B of Chapter IV of Section IV of Annex I to Regulation (EC) No 854/2004. |
|
(6) |
Where the epidemiological or other data from the holding of provenance of the animals, the food chain information or the findings of ante-mortem inspection or post-mortem visual detection of relevant abnormalities indicate possible risks to public health, animal health or animal welfare, the official veterinarian should have the possibility to decide which palpations and incisions must be carried out during post-mortem inspection in order to decide if the meat is fit for human consumption. |
|
(7) |
The requirements provided for in this Regulation amend Regulation (EC) No 854/2004 which involves an adaptation of current practices both for food business operators and competent authorities. It is therefore appropriate to allow a delayed application of this Regulation. |
|
(8) |
Regulation (EC) No 854/2004 should be therefore amended accordingly. |
|
(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, |
HAS ADOPTED THIS REGULATION:
Article 1
In Chapter IV of Section IV of Annex I to Regulation (EC) No 854/2004, Part B is replaced by the following:
‘B. POST-MORTEM INSPECTION
|
1. |
Carcases and offal of pigs are to undergo the following post-mortem inspection procedures:
|
|
2. |
The official veterinarian shall proceed with additional post-mortem inspection procedures using incision and palpation of the carcase and offal, where, in his or her opinion, one of the following indicates a possible risk to public health, animal health or animal welfare:
|
|
3. |
Depending on the identified risks, the additional post-mortem procedures referred to in point 2 may include:
|
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 June 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 139, 30.4.2004, p. 206.
(2) EFSA Panels on Biological Hazards (BIOHAZ), on Contaminants in the Food Chain (CONTAM), and on Animal Health and Welfare (AHAW); Scientific Opinion on the public health hazards to be covered by inspection of meat (swine), EFSA Journal 2011; 9(10):2351.
|
8.3.2014 |
EN |
Official Journal of the European Union |
L 69/101 |
COMMISSION REGULATION (EU) No 220/2014
of 7 March 2014
amending Council Regulation (EC) No 479/2009 as regards references to the European system of national and regional accounts in the European Union
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 17 thereof,
Whereas:
|
(1) |
The definitions of ‘government’, ‘deficit’ and ‘investment’ are laid down in the Protocol on the excessive deficit procedure annexed to the Treaties and in Regulation (EC) No 479/2009, by reference to the European system of national and regional accounts in the Community (hereinafter referred to as ‘ESA 95’) established by Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (2). |
|
(2) |
Regulation (EU) No 549/2013 of the European Parliament and the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (hereinafter referred to as ‘ESA 2010’) (3) contains the reference framework of common standards, definitions, classifications and accounting rules for drawing up the accounts of the Member States for the statistical requirements of the Union, in order to obtain comparable results between Member States. |
|
(3) |
ESA 2010 constitutes a revision of ESA 95, and therefore requires the introduction of new references in Regulation (EC) No 479/2009. |
|
(4) |
Regulation (EC) No 479/2009 should therefore be amended accordingly. |
|
(5) |
In order to avoid confusion concerning the application of the new references to ESA 2010, the measures provided for in this Regulation should apply with effect from 1 September 2014, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 479/2009 is amended as follows:
|
1. |
All references to ‘ESA 95’ shall be replaced by ‘ESA 2010’. |
|
2. |
Article 1 (1) shall be replaced by the following: ‘For the purposes of the Protocol on the excessive deficit procedure and of this Regulation, the terms in paragraphs 2 to 6 are defined according to Regulation (EU) No 549/2013 of the European Parliament and the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (hereinafter referred to as ESA 2010). The codes in brackets refer to ESA 2010.’; |
|
3. |
Article 1(3) is amended as follows:
|
|
4. |
The second subparagraph of Article 1(5) shall be replaced by the following: ‘Government debt is constituted by the liabilities of general government in the following categories: currency and deposits (AF.2); debt securities (AF.3) and loans (AF. 4), as defined in ESA 2010’. |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall apply from 1 September 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 145, 10.6.2009, p. 1.
|
8.3.2014 |
EN |
Official Journal of the European Union |
L 69/102 |
COMMISSION IMPLEMENTING REGULATION (EU) No 221/2014
of 7 March 2014
amending Regulation (EC) No 288/2009 in respect of fixing the indicative allocation of the aid under the School Fruit and Vegetables Scheme
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (1), and in particular Article 5(2) thereof,
Whereas:
|
(1) |
Article 5 of Regulation (EU) No 1370/2013 sets the overall amount of the Union aid for the supply of fruit and vegetables, processed fruit and vegetables and banana products to children as referred to in Article 23 of Regulation (EU) No 1308/2013 of European Parliament and of the Council (2) (hereinafter ‘school fruit and vegetables scheme’). Furthermore, Article 5 of Regulation (EU) No 1370/2013 fixes the maximum co-financing rates and a minimum amount of that aid per Member State. |
|
(2) |
The Commission should fix the indicative allocation of the aid for the school fruit and vegetables scheme to each Member State on the basis of criteria referred to in Article 23(5) of Regulation (EU) No 1308/2013. The Commission should furthermore periodically assess whether the indicative allocation remains consistent with those criteria. |
|
(3) |
Annex II to Commission Regulation (EC) No 288/2009 (3) sets the amount of the indicative allocation of Union aid per Member State based on the overall Union budget of EUR 90 million. Since Regulation (EU) No 1370/2013 increases the overall budget for the school fruit and vegetables scheme to EUR 150 million and it fixes new co-financing rates, a new indicative allocation should be fixed. |
|
(4) |
The new indicative allocation should also take into account the criteria referred to in Article 23(5) of Regulation (EU) No 1308/2013 based on the latest available data from 2012 as regards the number of children in the age group of six- to ten-year olds as a proportion of the population in Member State's regions. |
|
(5) |
Regulation (EC) No 288/2009 should therefore be amended accordingly. To take into account the periodicity of the school year, the new indicative allocation should therefore become applicable as from 1 August 2014. |
|
(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendment of Regulation (EC) No 288/2009
Annex II is replaced by the text set out in the Annex to this Regulation.
Article 2
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 August 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 346, 20.12.2013, p. 12.
(2) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common market 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).
(3) Commission Regulation (EC) No 288/2009 of 7 April 2009 laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying fruit and vegetables, processed fruit and vegetables and banana products to children in educational establishments, in the framework of a School Fruit Scheme (OJ L 94, 8.4.2009, p. 38).
ANNEX
‘ANNEX II
Indicative allocation of Union aid per Member State
|
Member State |
Co-financing rate (in %) |
Children 6-10 abs. numbers |
EUR |
|
Austria |
75 % |
406 322 |
2 239 273 |
|
Belgium |
75 % |
611 450 |
3 369 750 |
|
Bulgaria |
90 % |
316 744 |
2 094 722 |
|
Croatia |
90 % |
205 774 |
1 360 845 |
|
Cyprus |
75 % |
44 823 |
290 000 |
|
Czech Republic |
88 % |
480 495 |
3 124 660 |
|
Denmark |
75 % |
328 182 |
1 808 638 |
|
Estonia |
90 % |
66 436 |
439 361 |
|
Finland |
75 % |
290 308 |
1 599 911 |
|
France |
76 % |
4 051 279 |
22 500 145 |
|
Germany |
75 % |
3 575 991 |
19 707 575 |
|
Greece |
81 % |
529 648 |
3 143 600 |
|
Hungary |
86 % |
482 160 |
3 031 022 |
|
Ireland |
75 % |
319 126 |
1 758 729 |
|
Italy |
80 % |
2 853 098 |
16 719 794 |
|
Latvia |
90 % |
95 861 |
633 957 |
|
Lithuania |
90 % |
136 285 |
901 293 |
|
Luxembourg |
75 % |
29 473 |
290 000 |
|
Malta |
75 % |
19 511 |
290 000 |
|
Netherlands |
75 % |
986 118 |
5 434 576 |
|
Poland |
88 % |
1 802 733 |
11 645 350 |
|
Portugal |
85 % |
527 379 |
3 284 967 |
|
Romania |
89 % |
1 054 185 |
6 869 985 |
|
Slovakia |
89 % |
262 703 |
1 709 502 |
|
Slovenia |
83 % |
91 095 |
554 291 |
|
Spain |
75 % |
2 337 457 |
12 939 604 |
|
Sweden |
75 % |
518 322 |
2 856 514 |
|
United Kingdom |
76 % |
3 494 635 |
19 401 935 |
|
EU 28 |
79 % |
25 917 593 |
150 000 000 ’ |
|
8.3.2014 |
EN |
Official Journal of the European Union |
L 69/105 |
COMMISSION IMPLEMENTING REGULATION (EU) No 222/2014
of 7 March 2014
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
|
(1) |
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
|
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2014.
For the Commission, On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
|
(EUR/100 kg) |
||
|
CN code |
Third country code (1) |
Standard import value |
|
0702 00 00 |
MA |
77,7 |
|
TN |
77,7 |
|
|
TR |
99,1 |
|
|
ZZ |
84,8 |
|
|
0707 00 05 |
EG |
182,1 |
|
JO |
182,1 |
|
|
TR |
155,6 |
|
|
ZZ |
173,3 |
|
|
0709 91 00 |
EG |
45,1 |
|
ZZ |
45,1 |
|
|
0709 93 10 |
MA |
44,0 |
|
TR |
89,5 |
|
|
ZZ |
66,8 |
|
|
0805 10 20 |
EG |
54,5 |
|
IL |
66,9 |
|
|
MA |
57,1 |
|
|
TN |
49,9 |
|
|
TR |
56,7 |
|
|
ZZ |
57,0 |
|
|
0805 50 10 |
TR |
66,3 |
|
ZZ |
66,3 |
|
|
0808 10 80 |
CN |
116,1 |
|
MK |
30,8 |
|
|
US |
205,8 |
|
|
ZZ |
117,6 |
|
|
0808 30 90 |
AR |
105,9 |
|
CL |
139,4 |
|
|
CN |
68,3 |
|
|
TR |
156,2 |
|
|
US |
226,5 |
|
|
ZA |
92,9 |
|
|
ZZ |
131,5 |
|
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
DECISIONS
|
8.3.2014 |
EN |
Official Journal of the European Union |
L 69/107 |
DECISION OF THE EUROPEAN CENTRAL BANK
of 4 February 2014
identifying the credit institutions that are subject to the comprehensive assessment
(ECB/2014/3)
(2014/123/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127(6) thereof,
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 4(3) and Article 33(3) and (4) thereof,
Having regard to the proposal from the Supervisory Board,
Whereas:
|
(1) |
From 3 November 2013, in view of the assumption of its supervisory tasks, the European Central Bank (ECB) may require the national competent authorities and the persons referred to in Article 10(1) of Regulation (EU) No 1024/2013 to provide all relevant information for the ECB to carry out a comprehensive assessment, including a balance-sheet assessment, of the credit institutions of the participating Member States. The ECB is required to carry out such an assessment at least in relation to the credit institutions not covered by Article 6(4) of Regulation (EU) No 1024/2013. |
|
(2) |
On 23 October 2013, the ECB published the names of institutions included in the comprehensive assessment as well as an initial overview of the key features of the comprehensive assessment. |
|
(3) |
Based on the criteria referred to in Article 6(4) of Regulation (EU) No 1024/2013, the ECB has identified credit institutions in respect of which it intends to carry out a comprehensive assessment, including a balance-sheet assessment, in accordance with Article 33(4) of Regulation (EU) No 1024/2013. In applying the above criteria, the ECB has taken into account possible changes that may occur at any time owing to the dynamics of the activities of credit institutions and the resulting consequences for the total value of their assets. As a result, it has included credit institutions that currently do not meet the criteria for significance but may do so in the near future and should be subject therefore to the comprehensive assessment. The ECB will therefore undertake a comprehensive assessment with respect to credit institutions, financial holding companies or mixed financial holding companies the total value of whose assets exceeds EUR 27 billion. Notwithstanding the above criteria, the ECB will also undertake the comprehensive assessment with respect to the three most significant institutions in each of the euro area Member States. The identification of credit institutions on which the ECB intends to carry out comprehensive assessments is without prejudice to the final assessment of the criteria that is based on the specific methodology included in the framework referred to in Article 6 of Regulation (EU) No 1024/2013. |
|
(4) |
The credit institutions and the national competent authorities are required to supply all relevant information for the ECB to carry out the comprehensive assessment in accordance with Article 33(4) of Regulation (EU) No 1024/2013. |
|
(5) |
The ECB may require the national competent authorities and the persons referred to in Article 10(1) of Regulation (EU) No 1024/2013 to provide all relevant information for the ECB to carry out such a comprehensive assessment. |
|
(6) |
Members of the Supervisory Board, staff of the ECB and staff seconded by participating Member States are subject to professional secrecy requirements set out in Article 37 of the Statute of the European System of Central Banks and of the European Central Bank and relevant Union law. In particular, the ECB and national competent authorities are subject to the provisions regarding the exchange of information and professional secrecy set out in Directive 2013/36/EU of the European Parliament and of the Council (2), |
HAS ADOPTED THIS DECISION:
Article 1
Entities subject to the comprehensive assessment
1. The entities listed in the Annex shall be subject to the comprehensive assessment to be carried out by the ECB by 3 November 2014.
2. In accordance with Article 33(4) of Regulation (EU) No 1024/2013, the national competent authority responsible for the supervision of a credit institution listed in the Annex shall submit all information of relevance to the comprehensive assessment that the ECB requests in relation to that credit institution. The national competent authority shall verify the information as it deems appropriate for the exercise, including, when necessary, on-site inspections and, if appropriate, with the involvement of third parties.
3. The national competent authority responsible for supervision of subsidiaries in a group that is subject to consolidated supervision within the Single Supervisory Mechanism shall be in charge of this verification for the subsidiaries authorised in its Member State.
Article 2
Investigatory powers
In accordance with Article 33(3) and (4) of Regulation (EU) No 1024/2013, the ECB may exercise its investigatory powers in respect of the credit institutions identified in the Annex.
Article 3
Entry into force
This Decision shall enter into force on 6 February 2014.
Done at Frankfurt am Main, 4 February 2014.
The President of the ECB
Mario DRAGHI
(1) OJ L 287, 29.10.2013, p. 63.
(2) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
ANNEX
INSTITUTIONS INCLUDED IN THE COMPREHENSIVE ASSESSMENT
Belgium
AXA Bank Europe SA
Belfius Banque SA
Dexia NV (1)
Investar (Holding of Argenta Bank- en Verzekeringsgroep)
KBC Group NV
The Bank of New York Mellon SA
Germany
Aareal Bank AG
Bayerische Landesbank
Commerzbank AG
DekaBank Deutsche Girozentrale
Deutsche Apotheker- und Ärztebank eG
Deutsche Bank AG
DZ Bank AG Deutsche Zentral-Genossenschaftsbank
HASPA Finanzholding
HSH Nordbank AG
Hypo Real Estate Holding AG
IKB Deutsche Industriebank AG
KfW IPEX-Bank GmbH
Landesbank Baden-Württemberg
Landesbank Berlin Holding AG
Landesbank Hessen-Thüringen Girozentrale
Landeskreditbank Baden-Württemberg-Förderbank
Landwirtschaftliche Rentenbank
Münchener Hypothekenbank eG
Norddeutsche Landesbank-Girozentrale
NRW.Bank
SEB AG
Volkswagen Financial Services AG
WGZ Bank AG Westdeutsche Genossenschafts-Zentralbank
Wüstenrot & Württembergische AG with regard to Wüstenrot Bank AG Pfandbriefbank and Wüstenrot Bausparkasse AG
Estonia
AS DNB Bank
AS SEB Pank
Swedbank AS
Ireland
Allied Irish Banks plc
Merrill Lynch International Bank Limited
Permanent tsb plc
The Governor and Company of the Bank of Ireland
Ulster Bank Ireland Limited
Greece
Alpha Bank, S.A.
Eurobank Ergasias, S.A.
National Bank of Greece, S.A.
Piraeus Bank, S.A.
Spain
Banco Bilbao Vizcaya Argentaria, S.A.
Banco de Sabadell, S.A.
Banco Financiero y de Ahorros, S.A.
Banco Mare Nostrum, S.A.
Banco Popular Español, S.A.
Banco Santander, S.A.
Bankinter, S.A.
Caja de Ahorros y M.P. de Zaragoza, Aragón y Rioja
Caja de Ahorros y Pensiones de Barcelona
Caja España de Inversiones, Salamanca y Soria, CAMP
Cajas Rurales Unidas, Sociedad Cooperativa de Crédito
Catalunya Banc, S.A.
Kutxabank, S.A.
Liberbank, S.A.
MPCA Ronda, Cádiz, Almería, Málaga, Antequera y Jaén
NCG Banco, S.A.
France
Banque Centrale de Compensation (LCH Clearnet)
Banque PSA Finance
BNP Paribas
C.R.H. — Caisse de Refinancement de l’Habitat
Groupe BPCE
Groupe Crédit Agricole
Groupe Crédit Mutuel
HSBC France
La Banque Postale
BPI France (Banque Publique d’Investissement)
RCI Banque
Société de Financement Local
Société Générale
Italy
Banca Carige S.P.A. — Cassa di Risparmio di Genova e Imperia
Banca Monte dei Paschi di Siena S.p.A.
Banca Piccolo Credito Valtellinese, Società Cooperativa
Banca Popolare Dell’Emilia Romagna — Società Cooperativa
Banca Popolare Di Milano — Società Cooperativa A Responsabilità Limitata
Banca Popolare di Sondrio, Società Cooperativa per Azioni
Banca Popolare di Vicenza — Società Cooperativa per Azioni
Banco Popolare — Società Cooperativa
Credito Emiliano S.p.A.
Iccrea Holding S.p.A
Intesa Sanpaolo S.p.A.
Mediobanca — Banca di Credito Finanziario S.p.A.
UniCredit S.p.A.
Unione Di Banche Italiane Società Cooperativa Per Azioni
Veneto Banca S.C.P.A.
Cyprus
Bank of Cyprus Public Company Ltd
Cooperative Central Bank Ltd
Hellenic Bank Public Company Ltd
Russian Commercial Bank (Cyprus) Ltd
Latvia
ABLV Bank, AS
AS SEB banka
Swedbank
Luxembourg
Banque et Caisse d’Epargne de l’Etat, Luxembourg
Clearstream Banking S.A.
Precision Capital S.A. (Holding of Banque Internationale à Luxembourg and KBL European Private Bankers S.A.)
RBC Investor Services Bank S.A.
State Street Bank Luxembourg S.A.
UBS (Luxembourg) S.A.
Malta
Bank of Valletta plc
HSBC Bank Malta plc
Netherlands
ABN AMRO Bank N.V.
Bank Nederlandse Gemeenten N.V.
Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A.
ING Bank N.V.
Nederlandse Waterschapsbank N.V.
The Royal Bank of Scotland N.V.
SNS Bank N.V.
Austria
BAWAG P.S.K. Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG
Erste Group Bank AG
Raiffeisenlandesbank Oberösterreich AG
Raiffeisenlandesbank Niederösterreich-Wien AG
Raiffeisen Zentralbank Österreich AG
Österreichische Volksbanken-AG together with credit institutions affiliated in accordance with Article 10 of Regulation (EU) No 575/2013 of the European Parliament and of the Council (2)
Portugal
Banco BPI, SA
Banco Comercial Português, SA
Caixa Geral de Depósitos, SA
Espírito Santo Financial Group, SA
Slovenia
Nova Kreditna Banka Maribor d.d.
Nova Ljubljanska banka d. d., Ljubljana
SID — Slovenska izvozna in razvojna banka, d.d., Ljubljana
Finland
Danske Bank Oyj
Nordea Bank Finland Abp
OP-Pohjola Group
Cases in which one or more of the three most significant credit institutions in a participating Member State are subsidiaries of banking groups already included in the list above:
Malta
Deutsche Bank (Malta) Ltd
Slovakia
Slovenská sporiteľňa, a.s.
Všeobecná úverová banka, a.s.
Tatra banka, a.s.
(1) The assessment methodology for this group will take due account of its specific situation and in particular the fact that an extensive assessment of its financial position and risk profile was already carried out within the framework of the plan initiated in October 2011 and approved by the European Commission on 28 December 2012.
(2) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
RECOMMENDATIONS
|
8.3.2014 |
EN |
Official Journal of the European Union |
L 69/112 |
COMMISSION RECOMMENDATION
of 7 March 2014
on strengthening the principle of equal pay between men and women through transparency
(Text with EEA relevance)
(2014/124/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
Whereas:
|
(1) |
Article 2 and Article 3(3) of the Treaty on European Union enshrine the right to equality between women and men as one of the essential values and tasks of the Union. |
|
(2) |
Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) provide that the Union shall aim to eliminate inequalities, to promote equality between men and women and to combat discrimination based on sex in all its activities. |
|
(3) |
Article 157(1) of the TFEU obliges each Member State to ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied. |
|
(4) |
Article 23 of the Charter of Fundamental Rights of the European Union provides that equality between women and men must be ensured in all areas, including employment, work and pay. |
|
(5) |
Equal pay for equal work and work of equal value is one of the five priorities established in the Women’s Charter, which reaffirms the Commission’s commitment to a forceful mobilisation of all instruments, both legislative and non-legislative, to close the gender pay gap. The Strategy for equality between women and men 2010-2015 builds on the priorities of the Women’s Charter. The Strategy sets out that the Commission will explore possible ways to improve the transparency of pay. |
|
(6) |
Directive 2006/54/EC of the European Parliament and of the Council (1) provides that for the same work or for work of equal value, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration shall be eliminated. In particular, where a job classification system is used for determining pay, it should be based on the same criteria for both men and women and should be drawn up so as to exclude any discrimination on grounds of sex. |
|
(7) |
Women in the Union still earn an average of 16,2 % less than men for each hour worked (Eurostat 2011), in spite of their significant progress in terms of educational achievements and work experience. This indicates a persistent gender pay gap that has up to now only been reduced at a very slow pace. |
|
(8) |
The Commission Communication COM(2007) 424 final (2) concluded that women continue to be affected by gender pay discrimination and inequalities in the labour market which prevents them from realising their full potential. Conspicuous direct pay discrimination for the exact same work has become a rather rare occurrence. However, the existing legal framework has been less effective in ensuring implementation of the principle of equal pay for work of equal value. Such discrimination is less likely to be the subject of a court case not only because potential victims are probably not aware of it, but also because it is more difficult for victims of pay discrimination to effectively enforce the principle of equal pay. Victims have to establish the facts that give rise to a presumption of discrimination in order to shift the burden of proof to the employer. Obscure pay structures and a lack of available information about pay levels of employees performing the same work or work of equal value are major contributing factors to these difficulties. |
|
(9) |
The Commission Communication COM(2010) 543 final (3) listed further improvements in transposing, implementing and enforcing Union legislation among its priorities in the field of smart regulation. |
|
(10) |
The European Parliament adopted on 18 November 2008 (4) and 24 May 2012 (5) resolutions on equal pay between men and women with recommendations on how to better implement the principle of equal pay. Those recommendations include the introduction of wage transparency measures and gender-neutral job evaluation and classification systems. |
|
(11) |
In its Conclusions of 6 December 2010 on strengthening the commitment and stepping up action to close the gender pay gap, and on the review of the implementation of the Beijing Platform for Action (6), the Council invited Member States to put in place measures that tackle the causes of the gender pay gap, particularly ones that promote pay transparency and gender-neutral job evaluation and classification. |
|
(12) |
The Commission Communication COM(2013) 83 final (7) calls on Member States to take efforts to close the gender pay gap, to address other barriers to women’s participation in the labour market and to encourage employers to address workplace discrimination as part of efforts to pursue a strategy of active inclusion. |
|
(13) |
The Commission’s Report to the European Parliament and the Council COM(2013) 861 final (8) indicates that implementation of the equal pay principle is hindered by a lack of transparency in pay systems, a lack of legal certainty on the concept of work of equal value, and by procedural obstacles. These obstacles include employees lacking the information they need to make a successful equal pay claim and in particular information about the pay levels for categories of employees who perform the same work or work of equal value. |
|
(14) |
Union level action to facilitate implementation of the equal pay principle would help national authorities and relevant stakeholders to step up their efforts in tackling the gender pay gap and pay discrimination through better implementation of current legal requirements. While fully respecting the principle of subsidiarity, it is necessary to enhance effective application of the principle of equal pay in Member States. |
|
(15) |
This Recommendation should focus on transparency of wage categories, which is essential for the effective application of the equal pay principle. Increased transparency can reveal a gender bias and discrimination in the pay structures of an undertaking or organisation. It enables employees, employers and social partners to take appropriate action to ensure implementation of the equal pay principle. This Recommendation should present a tool box of measures designed to assist Member States in taking a tailor-made approach to improving wage transparency. Member States should be encouraged to implement the most appropriate measures for their specific circumstances and to implement at least one of the core measures enhancing transparency set out in this Recommendation (entitlement to request pay information, company reporting, pay audits, equal pay collective bargaining). |
|
(16) |
Enabling employees to request information on pay levels, including complementary or variable components such as payments in kind and bonuses, for other categories of employees performing the same work or work of equal value, broken down by gender, would make the wage policy of an undertaking or organisation more transparent. It would also improve the chances of individual legal action in discrimination cases succeeding before national courts and would consequently have a dissuasive effect. |
|
(17) |
Employers’ regular reporting of wages by category of employee or position, broken down by gender would also improve wage transparency and constitute a reliable basis for discussions on measures to implement the equal pay principle. Such collective disclosure of wages should not be required for undertakings and organisations with fewer than 50 employees which meet the workforce-related criteria for small undertakings in Commission Recommendation 2003/361/EC (9), as it could place a disproportionate burden on them. |
|
(18) |
Pay audits should make it easier to analyse the gender equality aspects of pay and to reach conclusions on the application of the principle of equal pay. Pay audits could be the basis for discussion between employers and workers’ representatives aiming to eliminate gender discrimination in pay. The measures relating to pay audits should not be required for undertakings and organisations with fewer than 250 employees which meet the workforce-related criteria for medium-sized undertakings in Recommendation 2003/361/EC, as they could place a disproportionate burden on them. |
|
(19) |
Encouraging or obliging social partners to discuss and give particular attention to matters of equal pay in collective bargaining is another way of increasing wage transparency and addressing the gender pay gap. |
|
(20) |
Compiling wage statistics broken down by gender and providing Eurostat with accurate and complete statistics is essential for analysing and monitoring changes in the gender pay gap at European level. Council Regulation (EC) No 530/1999 (10) requires Member States to compile four-yearly structural earnings statistics that facilitate calculation of the gender pay gap. For 2006 and 2010, the gender pay gap was calculated from the data collected by the Structure of Earnings survey. For 2007 to 2009, gender pay gap data were transmitted on a voluntary basis, often with delays and in draft form subject to later revision. Annual high-quality statistics could increase transparency and further enhance awareness of the gender inequality problem as regards pay. The availability and comparability of such data is instrumental for assessing developments throughout the Union. |
|
(21) |
The lack of a definition of work of equal value, including a clear indication of the assessment criteria for comparing different jobs, is a major obstacle for victims of pay discrimination bringing claims before the courts. To assess whether employees are performing work of equal value, a range of factors including the nature of the work, training and working conditions, must be considered. Including such a definition and job evaluation and classification criteria in national laws would help victims of pay discrimination to bring claims before national courts. |
|
(22) |
Gender-neutral job evaluation and classification systems are effective in establishing a transparent pay system. They detect indirect pay discrimination related to the undervaluation of jobs typically done by women since they measure and compare jobs whose content is different but of equal value and so support the principle of work of equal value. Member States, social partners and employers are encouraged to promote the development and use of gender-neutral job evaluation and classification systems, drawing inspiration from Annex 1 to the Commission Staff Working Document accompanying the Report on the application of Directive 2006/54/EC (11). |
|
(23) |
Involving equality bodies is instrumental in effectively applying the principle of equal pay. The powers and mandates of the national gender equality bodies should therefore be adequate to cover gender pay discrimination, including any transparency obligations. Procedural and cost-related obstacles that victims of pay discrimination face should be alleviated by enabling equality bodies to represent individuals. This would reduce the litigation risk for individual employees and could be a possible remedy for the current significant scarcity of equal pay cases that are brought to court. |
|
(24) |
Awareness-raising activities inform stakeholders about the existence and importance of the equal pay principle. Member States should be encouraged to raise awareness among undertakings and organisations, social partners and the general public in order to effectively promote the equal pay principle, use job evaluation and classification methods free from gender bias and tackle the gender pay gap more generally. Actions at the level of undertakings and organisations are also necessary, |
HAS ADOPTED THIS RECOMMENDATION:
I. SUBJECT MATTER
|
1. |
This Recommendation provides guidance to Member States to assist them in a better and more effective implementation of the equal pay principle in order to combat pay discrimination and to contribute to tackling the persistent gender pay gap. |
II. WAGE TRANSPARENCY
|
2. |
Member States should encourage public and private employers and social partners to adopt transparency policies on wage composition and structures. They should put in place specific measures to promote wage transparency. In particular, these measures should include one or more of the actions referred to in points 3 to 6 in an approach tailor made to the specific domestic situation. |
Right of employees to obtain information on pay levels
|
3. |
Member States should put in place appropriate and proportionate measures to ensure that employees can request information on pay levels, broken down by gender, for categories of employees doing the same work or work of equal value. This information should include complementary or variable components beyond the fixed basic salary, such as payments in kind and bonuses. |
Reporting on pay
|
4. |
Member States should put in place measures that ensure that employers in undertakings and organisations with at least 50 employees regularly inform employees, workers’ representatives and social partners of the average remuneration by category of employee or position, broken down by gender. |
Pay audits
|
5. |
Member States should take appropriate measures to ensure that pay audits are conducted in undertakings and organisations with at least 250 employees. These audits should include an analysis of the proportion of women and men in each category of employee or position, an analysis of the job evaluation and classification system used and detailed information on pay and pay differentials on grounds of gender. These audits should be made available to workers’ representatives and social partners on request. |
Collective bargaining
|
6. |
Without prejudice to the autonomy of social partners and in accordance with national law and practice, Member States should ensure that the issue of equal pay, including pay audits, is discussed at the appropriate level of collective bargaining. |
Statistics and administrative data
|
7. |
Member States should further improve the availability of up-to-date gender pay gap data by providing Eurostat with statistics annually and in a timely manner. These statistics should be broken down by gender, economic sector (12), working time (full-time/part-time), economic control (public/private ownership) and age and be calculated on an annual basis. |
|
8. |
Member States should also provide the Commission with data on the number and types of pay discrimination cases when notifying it in accordance with point 18. |
Data protection
|
9. |
To the extent that any information provided pursuant to measures taken under points 3 to 8 involves the disclosure of personal data, it should be provided in accordance with national data protection laws, in particular those implementing Directive 95/46/EC of the European Parliament and of the Council (13). |
Concept of work of equal value
|
10. |
In line with the case-law of the Court of Justice of the European Union, Member States should clarify the concept of ‘work of equal value’ in their legislation. The value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of tasks involved. |
Job evaluation and classification systems
|
11. |
Member States should promote the development and use of gender-neutral job evaluation and classification systems, including in their capacity as employers in the public sector, to prevent or identify and tackle possible pay discrimination based on gender-biased pay scales. They should specifically encourage employers and social partners to introduce gender-neutral job evaluation and classification systems. |
|
12. |
As regards gender-neutral job evaluation and classification systems, Member States are encouraged to draw inspiration from Annex 1 to the Commission Staff Working Document accompanying the Report on the application of Directive 2006/54/EC. |
III. HORIZONTAL PROVISIONS
Equality bodies
|
13. |
Member States should ensure that their national equality bodies’ powers and mandates cover issues related to gender pay discrimination, including transparency obligations. Where applicable, Member States should give equality bodies the right to access the information and audits referred to in points 4 and 5 of this Recommendation. |
|
14. |
Member States should reduce procedural obstacles to the bringing of equal pay cases to court by enabling equality bodies to represent individuals in cases of pay discrimination. |
|
15. |
Member States should ensure closer cooperation and coordination between the national equality bodies and national bodies that have an inspection function in the labour market. |
Monitoring and enforcement
|
16. |
Member States should ensure the consistent monitoring of the implementation of the principle of equal pay and the enforcement of all available remedies for pay discrimination. |
Awareness-raising activities
|
17. |
Member States should raise awareness among public and private undertakings and organisations, social partners and the general public to promote equal pay, the principle of work of equal value and wage transparency, to tackle the causes of the gender pay gap, and devise tools to help analyse and assess pay inequalities. |
IV. FOLLOW-UP
|
18. |
Member States should take the necessary measures to ensure the application of this Recommendation and are invited to notify the Commission of these measures by 31 December 2015, in order to enable the Commission to closely monitor the situation, to draw up a report on progress made in implementing this Recommendation and, on that basis, to assess the need for further measures. |
V. FINAL PROVISIONS
|
19. |
This Recommendation is addressed to all Member States. It is also addressed to the social partners, in particular in the Member States where in accordance with the national law and practice, the social partners have a specific responsibility for implementing the principle of equal pay by concluding collective agreements. |
Done at Brussels, 7 March 2014.
For the Commission
Viviane REDING
Vice-President
(1) Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).
(2) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 18 July 2007 ‘Tackling the pay gap between women and men’.
(3) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 8 October 2010 ‘Smart Regulation in the European Union’.
(4) OJ C 16 E, 22.1.2010, p. 21.
(5) P7_TA(2012)0225.
(6) OJ C 345, 18.12.2010, p. 1.
(7) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 20 February 2013 ‘Towards Social Investment for Growth and Cohesion – including implementing the European Social Fund 2014-2020’ (page 11).
(8) Report from the Commission to the European Parliament and the Council on the application of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.
(9) Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
(10) Council Regulation (EC) No 530/1999 of 9 March 1999 concerning structural statistics on earnings and on labour costs (OJ L 63, 12.3.1999, p. 6).
(11) Commission Staff Working Document accompanying the Report from the Commission to the Council and the European Parliament on the application of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, SWD(2013) 512 final.
(12) At least NACE Rev.2, sections B to S except O.
(13) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).