Pending: 32009D0543

January 16, 2026
14.7.2009 EN Official Journal of the European Union L 181/27
(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria are to be established according to product groups.
(3) It is appropriate to adopt a new decision establishing ecological criteria for the award of the Community eco-label to outdoor paints and vanishes.
(4) The ecological criteria, as well as the related assessment and verification requirements, should be valid for a period of four years.
(5) The measures provided for in this Decision are based on the draft criteria developed by the European Union Ecolabelling Board established under Article 13 of Regulation (EC) No 1980/2000.
(6) The measures provided for in this Decision are in accordance with the opinion of the committee instituted by Article 17 of Regulation (EC) No 1980/2000,
(a) anti-corrosion coatings;
(b) anti-fouling coatings;
(c) wood preservation products;
(d) coatings for particular industrial and professional uses, including heavy-duty coatings;
(e) any product primarily developed for indoor use and marketed as such.
(a) both components thereof must individually comply with the ecological criteria set out in the Annex (with the exception of the criterion for Volatile Organic Compounds);
(b) they must be accompanied by information explaining that the individual components must not be used separately or mixed with other products;
(c) the final ready-for-use product, however, must also meet the ecological criteria, including the criterion for VOC.
— the efficient use of the product and the minimisation of waste,
— reducing the environmental and other risks (such as tropospheric ozone) by reducing solvent emissions,
— reducing the discharges of toxic or otherwise polluting substances into waters. The criteria are set at levels that promote the labelling of exterior paints and varnishes which have a lower environmental impact.
— SOx emissions (expressed as SO2): 266 mg per m2of dry film (98 % opacity),
— sulphate wastes: 19 g per m2of dry film (98 % opacity),
— chloride wastes: 3,9, 6,8 and 12,5 g per m2of dry film (98 % opacity) respectively for natural rutile, synthetic rutile and slag ores.
Product Classification (Directive 2004/42/EC) VOC limits (g/l including water)
Coatings for exterior walls of mineral substrate 40
Exterior trim and cladding paints for wood and metal including undercoats 90
Exterior trim varnishes and wood-stains, including opaque woodstains 90
Exterior minimum build woodstains 75
Primers (for exterior use) 15
Binding Primers (for exterior use) 15
1 Pack performance coatings 100
Two-pack reactive performance coatings for specific end use such as floors 100
(a) The product:The product shall not be classified as very toxic, toxic, dangerous to the environment, carcinogenic, toxic for reproduction, harmful, corrosive, mutagenic or irritant (only where this is caused by the presence of ingredients labelled with R43) in accordance with Directive 1999/45/EC of the European Parliament and of the Council(3)before or after tinting (where applicable).Assessment and verification:The applicant shall provide a declaration of compliance with this criterion, together with a product material safety data sheet meeting the requirements of Annex II to REACH Regulation.
(b) Ingredients (very toxic, toxic, carcinogenic, mutagenic, toxic for reproduction): No ingredient including those used in tinting (if applicable) shall be used that is assigned or may be assigned at the time of application any of the following risk phrases (or combinations thereof):—R23 (toxic by inhalation),—R24 (toxic in contact with skin),—R25 (toxic if swallowed),—R26 (very toxic by inhalation),—R27 (very toxic in contact with skin),—R28 (very toxic if swallowed),—R33 (danger of cumulative effects),—R39 (danger of very serious irreversible effects),—R40 (limited evidence of carcinogenic effect),—R42 (may cause sensitisation by inhalation),—R45 (may cause cancer),—R46 (may cause heritable genetic damage),—R48 (danger of serious damage to health by prolonged exposure),—R49 (may cause cancer by inhalation),—R60 (may impair fertility),—R61 (may cause harm to the unborn child),—R62 (possible risk of impaired fertility),—R63 (possible risk of harm to the unborn child),—R68 (possible risk of irreversible effects),as laid down in Council Directive 67/548/EEC(4), and its subsequent amendments. Active ingredients used as preservatives in the formula and that are assigned any of the risk phrases R23, R24, R25, R26, R27, R28, R39 R40 or R48 (or combinations thereof) may nevertheless be used up to a limit of 0,1 % (m/m) of the total paint formulation.Alternatively, the Globally Harmonised System (GHS) of classification may be considered(5). In this case the ingredients, including those used in tinting (if applicable), classified as the following (or combinations thereof) shall not be used:—Acute Toxicity (oral) — Category I, II, III,—Acute Toxicity (dermal) — Category I, II, III,—Acute Toxicity (inhalation) — Category I, II, III,—Respiratory Sensitisation — Category I,—Mutagenic Substances — Category I, II,—Carcinogenic Substances — Category I, II,—Substances Toxic for Reproduction — Category I, II,—Specific Target Organ Systemic Toxicity (single exposure) — Category I, II,—Specific Target Organ Systemic Toxicity (repeated exposure) — Category I, II,as laid down in ST/SG/AC.10/30(6)and revised in ST/SG/AC.10/34/Add.3 on the Globally Harmonised System of Classification and Labelling of Chemicals. Active ingredients used as preservers in the formula and that are assigned any of the following GHS categories may nevertheless be used up to a limit of 0,1 % (m/m) of the total paint formulation:—Acute Toxicity (oral, dermal, inhalation) — I, II, III (only oral and dermal),—Specific Target Organ Systemic Toxicity (single and/or repeated exposure) — I, II (or combinations thereof) and,—Carcinogenicity category II.Methyl Ethyl Ketoxime may be used in alkyd paints up to a limit of 0,3 % (m/m).Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with a product material safety data sheet meeting the requirements of Annex II to REACH Regulation. — R23 (toxic by inhalation), — R24 (toxic in contact with skin), — R25 (toxic if swallowed), — R26 (very toxic by inhalation), — R27 (very toxic in contact with skin), — R28 (very toxic if swallowed), — R33 (danger of cumulative effects), — R39 (danger of very serious irreversible effects), — R40 (limited evidence of carcinogenic effect), — R42 (may cause sensitisation by inhalation), — R45 (may cause cancer), — R46 (may cause heritable genetic damage), — R48 (danger of serious damage to health by prolonged exposure), — R49 (may cause cancer by inhalation), — R60 (may impair fertility), — R61 (may cause harm to the unborn child), — R62 (possible risk of impaired fertility), — R63 (possible risk of harm to the unborn child), — R68 (possible risk of irreversible effects), — Acute Toxicity (oral) — Category I, II, III, — Acute Toxicity (dermal) — Category I, II, III, — Acute Toxicity (inhalation) — Category I, II, III, — Respiratory Sensitisation — Category I, — Mutagenic Substances — Category I, II, — Carcinogenic Substances — Category I, II, — Substances Toxic for Reproduction — Category I, II, — Specific Target Organ Systemic Toxicity (single exposure) — Category I, II, — Specific Target Organ Systemic Toxicity (repeated exposure) — Category I, II, — Acute Toxicity (oral, dermal, inhalation) — I, II, III (only oral and dermal), — Specific Target Organ Systemic Toxicity (single and/or repeated exposure) — I, II (or combinations thereof) and, — Carcinogenicity category II.
— R23 (toxic by inhalation),
— R24 (toxic in contact with skin),
— R25 (toxic if swallowed),
— R26 (very toxic by inhalation),
— R27 (very toxic in contact with skin),
— R28 (very toxic if swallowed),
— R33 (danger of cumulative effects),
— R39 (danger of very serious irreversible effects),
— R40 (limited evidence of carcinogenic effect),
— R42 (may cause sensitisation by inhalation),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R48 (danger of serious damage to health by prolonged exposure),
— R49 (may cause cancer by inhalation),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
— Acute Toxicity (oral) — Category I, II, III,
— Acute Toxicity (dermal) — Category I, II, III,
— Acute Toxicity (inhalation) — Category I, II, III,
— Respiratory Sensitisation — Category I,
— Mutagenic Substances — Category I, II,
— Carcinogenic Substances — Category I, II,
— Substances Toxic for Reproduction — Category I, II,
— Specific Target Organ Systemic Toxicity (single exposure) — Category I, II,
— Specific Target Organ Systemic Toxicity (repeated exposure) — Category I, II,
— Acute Toxicity (oral, dermal, inhalation) — I, II, III (only oral and dermal),
— Specific Target Organ Systemic Toxicity (single and/or repeated exposure) — I, II (or combinations thereof) and,
— Carcinogenicity category II.
— R23 (toxic by inhalation),
— R24 (toxic in contact with skin),
— R25 (toxic if swallowed),
— R26 (very toxic by inhalation),
— R27 (very toxic in contact with skin),
— R28 (very toxic if swallowed),
— R33 (danger of cumulative effects),
— R39 (danger of very serious irreversible effects),
— R40 (limited evidence of carcinogenic effect),
— R42 (may cause sensitisation by inhalation),
— R45 (may cause cancer),
— R46 (may cause heritable genetic damage),
— R48 (danger of serious damage to health by prolonged exposure),
— R49 (may cause cancer by inhalation),
— R60 (may impair fertility),
— R61 (may cause harm to the unborn child),
— R62 (possible risk of impaired fertility),
— R63 (possible risk of harm to the unborn child),
— R68 (possible risk of irreversible effects),
— Acute Toxicity (oral) — Category I, II, III,
— Acute Toxicity (dermal) — Category I, II, III,
— Acute Toxicity (inhalation) — Category I, II, III,
— Respiratory Sensitisation — Category I,
— Mutagenic Substances — Category I, II,
— Carcinogenic Substances — Category I, II,
— Substances Toxic for Reproduction — Category I, II,
— Specific Target Organ Systemic Toxicity (single exposure) — Category I, II,
— Specific Target Organ Systemic Toxicity (repeated exposure) — Category I, II,
— Acute Toxicity (oral, dermal, inhalation) — I, II, III (only oral and dermal),
— Specific Target Organ Systemic Toxicity (single and/or repeated exposure) — I, II (or combinations thereof) and,
— Carcinogenicity category II.
(c) Ingredients (dangerous for the environment):No ingredient shall exceed 2 % (m/m), including those used in tinting (if applicable), that is assigned or may be assigned at the time of application any of the following risk phrases:—N R50 (very toxic to aquatic organisms),—N R50/53 (very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment),—N R51/53 (toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment),—N R52/53 (harmful to aquatic organisms, may cause long-term adverse effects in the aquatic environment),—R51 (toxic to aquatic organisms),—R52 (harmful to aquatic organisms),—R53 (may cause long-term adverse effects in the aquatic environment),as laid down in Directive 67/548/EEC or Directive 1999/45/EC.Alternatively, the Globally Harmonised System (GHS) of classification may be considered(7). In this case no ingredient shall exceed 2 % (m/m), including those used in tinting (if applicable), that is assigned or may be assigned at the time of application any of the following classifications:Aquatic Toxicity categories (and combinations thereof):—Acute I, II, III,—Chronic I, II, III, IV,as laid down in ST/SG/AC.10/30 and revised in ST/SG/AC.10/34/Add.3 on the Globally Harmonised System of Classification and Labelling of Chemicals.In either case, the sum total of all ingredients that are assigned or may be assigned at the time of application any of these risk phrases (or combinations thereof) or GHS classifications shall not exceed 4 % (m/m).This requirement does not apply to ammonia or akyl ammonia.This requirement does not affect the obligation to fulfil the requirement set out in criterion 6(a) above.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with a list of ingredients and material safety data sheets of each ingredient meeting the requirements of Annex II to REACH Regulation. — N R50 (very toxic to aquatic organisms), — N R50/53 (very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment), — N R51/53 (toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment), — N R52/53 (harmful to aquatic organisms, may cause long-term adverse effects in the aquatic environment), — R51 (toxic to aquatic organisms), — R52 (harmful to aquatic organisms), — R53 (may cause long-term adverse effects in the aquatic environment), — Acute I, II, III, — Chronic I, II, III, IV,
— N R50 (very toxic to aquatic organisms),
— N R50/53 (very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment),
— N R51/53 (toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment),
— N R52/53 (harmful to aquatic organisms, may cause long-term adverse effects in the aquatic environment),
— R51 (toxic to aquatic organisms),
— R52 (harmful to aquatic organisms),
— R53 (may cause long-term adverse effects in the aquatic environment),
— Acute I, II, III,
— Chronic I, II, III, IV,
— N R50 (very toxic to aquatic organisms),
— N R50/53 (very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment),
— N R51/53 (toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment),
— N R52/53 (harmful to aquatic organisms, may cause long-term adverse effects in the aquatic environment),
— R51 (toxic to aquatic organisms),
— R52 (harmful to aquatic organisms),
— R53 (may cause long-term adverse effects in the aquatic environment),
— Acute I, II, III,
— Chronic I, II, III, IV,
(d) Alkylphenolethoxylates (APEOs): APEOS shall not be used in the product before or during tinting (if applicable).Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.
(e) Isothiazolinone compounds: The content of isothiazolinone compounds in the product shall not exceed 0,05 % (m/m) before or after tinting (if applicable). For wood coatings isothiazolinone compounds shall not exceed 0,2 % (m/m). Likewise the content of the mixture of 5-chloro-2-methyl-2H-isothiazol-3-one (EC No 247-500-7) and 2- methyl-2H-isothiazol-3-one (EC No 220-239-6) (3:1) shall not exceed 0,0015 % (m/m).Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, indicating the amounts (if used).
(f) Perfluorinated alkyl sulfonates (PFAS), perfluorinated carboxylic acids (PFCA) including Perfluorooctanoic Acid (PFOA) and related substances listed in the OECD ‘Preliminary lists of PFOS, PFAS, PFOA, PFCA, related compounds and chemicals that may degrade to PFCA (as revised in 2007)’ are not permitted in the product. The OECD list is provided in the Annex to this criteria document.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.
(g) Formaldehyde: Free formaldehydes shall not be added. Formaldehyde donators may only be added in such quantities as will ensure that the resulting total content after tinting (if applicable) of free formaldehyde will not exceed 0,001 % (m/m).Assessment and verification:The applicant shall provide a declaration of compliance with this criterion. In addition the applicant shall provide test results from raw materials suppliers using the VdL-RL 03 test method (VdL Guide-line03) ‘In-can concentration of formaldehyde determined by the acetyl-acetone method’ and calculations relating the data from these tests to the final product in order to indicate that the final maximum possible concentration of formaldehyde released by formaldehyde releasing substances is not higher than 0,001 % (m/m). Alternatively, formaldehyde resulting from formaldehyde donors can be measured in the end product based on High-performance liquid chromatography, by using a national standard or validated method as described in ISO/IEC 17025.
(h) Halogenated Organic Solvents: Notwithstanding criteria 6a, 6b and 6c, only halogenated compounds that at the time of application have been risk assessed and have not been classified with the risk phrases (or combinations thereof): R26/27, R45, R48/20/22, R50, R51, R52, R53, R50/53, R51/53, R52/53 and R59 in accordance with Directives 67/548/EEC and 1999/45/EC may be used in the product before or during tinting (if applicable).Assessment and verification:The applicant shall provide a declaration of compliance with this criterion.
(i) Phthalates: Notwithstanding criteria 6a, 6b and 6c, only phthalates that at the time of application have been risk assessed and have not been classified with the phrases (or combinations thereof): R60, R61, R62, R50, R51, R52, R53, R50/53, R51/53, R52/53, in accordance with Directive 67/548/EEC and its amendments, may be used in the product before or during tinting (if applicable). Additionally DNOP (di-n-octyl phthalate), DINP (di-isononyl phthalate), DIDP (di-isodecyl phthalate) are not permitted in the product.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.
(a) Spreading rate:White paints and light-coloured paints (including finishes, primers, undercoats and/or intermediates) shall have a spreading rate (at a hiding power of 98 %) of at least 6 m2per litre of product.For tinting systems, this criterion applies only to the white base (the base containing the most TiO2). In case the white base is unable to achieve the requirement of at least 6 m2per litre at a hiding power of 98 %, the criterion shall be met after tinting the white base to produce the standard colour RAL 9010. For all other bases used to produce tinted products — these are bases which as a rule contain less TiO2, which are unable to achieve the requirement of at least 6 m2per litre of product at a hiding power of 98 % — the criterion shall not apply. For paints that are a part of a tinting system, the applicant must advise the end-user on the product packaging and/or POS which shade or primer/undercoat (if possible carrying the European Eco-label) should be used as a basecoat before applying the darker shade.Primers with specific blocking/sealing, penetrating/binding properties and primers with special adhesion properties for aluminium and galvanised surfaces shall have a spreading rate (at a hiding power of 98 %) of at least 6 m2per litre of product.Elastomeric paints shall have a spreading rate (at a hiding power of 98 %) of at least 4 m2per litre of product.This requirement does not apply to varnishes, woodstains, floor coatings, floor paints, undercoats, other adhesion primers or any other transparent coatings.Assessment and verification:The applicant shall provide a test report using the method ISO6504/1 (Paints and varnishes — determination of hiding power — Part 1: Kubelka-Munk method for white and light-coloured paints) or 6504/3 (Part 3: determination of contrast ratio (opacity) of light-coloured paints at a fixed spreading rate), or (for paints specially designed to give a three-dimensional decorative effect and characterised by a very thick coat) the method NF T 30 073 (or equivalent). For bases used to produce tinted products not evaluated according to the abovementioned requirements, the applicant shall produce evidence that the end-user is advised to use a primer and/or grey (or other relevant shade) of undercoat before application of the product.
(b) Resistance to water: Varnishes, floor coatings and floor paints shall have a resistance to water, as determined by ISO 2812-3 such that after 24 hours' exposure and 16 hours' recovery no change of gloss or of colour occurs.Assessment and verification:The applicant shall provide a test report using the method ISO 2812-3 (Paints and varnishes — determination of resistance to liquids — Part 3: Method using an absorbent medium).
(c) Adhesion: Masonry paints (excluding transparent primers) shall score a pass in the EN 24624 (ISO 4624) pull-off test for adhesion and floor coatings, floor paints and undercoats for concrete, wood and metal coatings shall score at least a 2 in the EN 2409 cross-cut method for adhesion. When carrying out EN 24624 where the cohesive strength of the substrate is less than the adhesive strength of the paint then this is considered a pass, otherwise the adhesion of the paint must be in excess of a pass value of 1,5MPa.The applicant shall evaluate the primer and/or finish alone or both as part of a system (the system when tested shall concern products if possible labelled with the European Eco-label (with the exception of systems designed for metal surfaces)). When testing the finish alone this shall be considered the worst case scenario concerning adhesion.Assessment and verification: The applicant shall provide a test report using the method EN ISO 2409 or EN 24624 (ISO 4624) as applicable.
(d) Abrasion: Floor coatings and floor paints shall have an abrasion resistance not exceeding 70 mg weight loss after 1 000 test cycles with a 1 000 g load and a CS10 wheel according to EN ISO 7784-2:2006.Assessment and verification:The applicant shall provide a test report showing compliance with this criterion using the method EN ISO 7784-2:2006.
(e) Weathering: Masonry finish paints and wood and metal finishes including varnishes shall be exposed to artificial weathering in apparatus including fluorescent UV lamps and condensation or water spray according to 11507:2007. Masonry paints shall be exposed to test conditions for 1 000 hours, wood and metal finishes (including varnishes) shall be exposed to test conditions for 500 hours. Test conditions are: UVA 4h/60degC + humidity 4h/50degC.Alternatively, wood finishes and wood varnishes may be exposed to weathering for 500 hours in the QUV accelerated weathering apparatus with cyclic exposure with UV(A) radiation and spraying according to EN 927-6.The colour change of samples exposed to weathering shall not be greater than ΔΕ * = 4 and decrease in gloss for varnishes shall not be greater than 30 % of its initial value. The gloss shall be measured using ISO 2813. The criterion for colour change is not applicable to transparent varnishes and bases.Chalking shall be tested using method EN ISO 4628-6:2007 on masonry finish coats and wood and metal finishes (where applicable) after the samples have been exposed to weathering. Coatings shall achieve a score of 1,5 or better (0,5 or 1,0) in this test. In the standard there are illustrated references.The following parameters shall also be evaluated on masonry finish coats and wood and metal finishes after the samples have been exposed to weathering:—Flaking according to ISO 4628-5:2003; flake density 2 or less, flake size 2 or less,—Cracking according to ISO 4628-4:2003; crack quantity 2 or less, crack size 3 or less,—Blistering according to ISO 4628-2:2003; blister density 3 or less, blister size 3 or less.Due to the large number of possible tinting colours, these tests will be restricted to the base paint used.Assessment and verification: The applicant shall provide test reports using either ISO11507:2007 according to the specified parameters or EN 927-6, or both (if relevant). Additionally the applicant shall provide test reports using EN ISO 4628-2, 4, 5, 6 where applicable. The applicant shall also provide a declaration that (where applicable) the colour change of the coating is within the parameter set in this document. — Flaking according to ISO 4628-5:2003; flake density 2 or less, flake size 2 or less, — Cracking according to ISO 4628-4:2003; crack quantity 2 or less, crack size 3 or less, — Blistering according to ISO 4628-2:2003; blister density 3 or less, blister size 3 or less.
— Flaking according to ISO 4628-5:2003; flake density 2 or less, flake size 2 or less,
— Cracking according to ISO 4628-4:2003; crack quantity 2 or less, crack size 3 or less,
— Blistering according to ISO 4628-2:2003; blister density 3 or less, blister size 3 or less.
— Flaking according to ISO 4628-5:2003; flake density 2 or less, flake size 2 or less,
— Cracking according to ISO 4628-4:2003; crack quantity 2 or less, crack size 3 or less,
— Blistering according to ISO 4628-2:2003; blister density 3 or less, blister size 3 or less.
(f) Water vapour permeability: Where claims are made that exterior masonry and concrete paints are breathable the paint shall be classified as Class II (medium vapour permeability) or better according to the test method EN ISO 7783-2. Due to the large number of potential tinting colours, this criterion will be restricted to testing of the base paint; this requirement is not applicable to transparent primers.Assessment and verification: The applicant shall provide a test report using methodology EN ISO 7783-2.
(g) Liquid water permeability: Where claims are made that exterior masonry and concrete paints are water repellent or elastomeric, the coating shall be classified as Class III (low liquid permeability) according to method DIN EN 1062-3:1999. Due to the large number of potential tinting colours, this criterion will be restricted to the testing of the base paint. All other masonry paints shall be classified as Class II (medium liquid permeability) or better according to the test method DIN EN 1062-3:1999.Assessment and verification:The applicant shall provide a test report using methodology DIN EN 1062-3:1999.
(h) Fungal resistance:Where claims are made that masonry finish coatings have anti-fungal properties, the coating shall have a score of 2 or better (less than 10 % fungal coverage), as determined by method BS 3900:G6. Due to the large number of possible tinting colours, this criterion will be restricted to the testing of the base paint.Assessment and verification: The applicant shall provide a test report using methodology BS 3900:G6.
(i) Crack bridging:Where claims are made that masonry (or concrete) paint has elastomeric properties, it shall be at least classified as A1 at 23 °C according to DIN EN 1062-7:2004. Due to the large number of potential tinting colours, this criterion will be restricted to the testing of the base paint.Assessment and verification: The applicant shall provide a test report using methodology DIN EN 1062-7:2004.
(j) Alkali resistance: Masonry paints and primers shall show no noticeable damage when the coating is spotted for 24 hours with 10 % NaOH solution according to method ISO 2812-4:2007.The evaluation is done after 24 hours drying-recovery.Assessment and verification: The applicant shall provide a test report using methodology ISO 2812-4:2007.
— the use, substrate and conditions of use for which the product is intended. This shall include advice on preparatory work, etc., such as correct substrate preparation, advice on outdoor use (where appropriate), or temperature,
— recommendations for cleaning tools and appropriate waste management (in order to limit water pollution). These recommendations shall be adapted to the type of product in question and field of application in question and may make use of pictograms if appropriate,
— recommendations concerning product storage conditions after opening (in order to limit solid waste), including safety advice if appropriate,
— for darker coatings for which criterion 7(a) does not apply, advice is given concerning the use of the correct primer or base paint (if possible carrying the European Ecolabel),
— text advising that unused paint requires specialist handling for safe environmental disposal and that it should not therefore be thrown away with household refuse or poured away. Advice regarding disposal and collection should be sought from the local authority,
— recommendations on preventive protection measures for the painter. The following text (or equivalent text): shall appear on the packaging or attached to the packaging:For more information as to why this product has been awarded the Flower please visit the web-site: http://ec.europa.eu/environment/ecolabel.
— good performance for outdoor use,
— hazardous substances restricted,
— low solvent content.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,
(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria are to be established according to product groups.
(3) It is appropriate to adopt a new decision establishing ecological criteria for the award of the Community eco-label to outdoor paints and vanishes.
(4) The ecological criteria, as well as the related assessment and verification requirements, should be valid for a period of four years.
(5) The measures provided for in this Decision are based on the draft criteria developed by the European Union Ecolabelling Board established under Article 13 of Regulation (EC) No 1980/2000.
(6) The measures provided for in this Decision are in accordance with the opinion of the committee instituted by Article 17 of Regulation (EC) No 1980/2000,
HAS ADOPTED THIS DECISION:

Article 1
1. The product group ‘outdoor paints and varnishes’ shall comprise outdoor decorative and protective paints and varnishes, woodstains and related products for use on buildings and outdoor furniture, floors and fencing in accordance with paragraph 2, for use by do-it-yourself and professional users; and that are primarily developed for outdoor use and marketed as such.
This includes, inter alia, floor coatings and floor paints; products which are tinted by distributors at the request of amateur or professional decorators; tinting systems; decorative paints in liquid or paste formulas which may have been pre-conditioned, tinted or prepared by the manufacturer to meet consumers needs, including wood paints, wood and decking stains, masonry coatings and metal finishes (excluding anti-corrosion finishes and primers) as well as primers (and undercoats) of such product systems.
2. ‘Paint’ means a pigmented coating material, in liquid or in paste or powder form, which when applied to a substrate, forms an opaque film having protective, decorative or specific technical properties.
‘Varnish’ means a clear coating material which when applied to a substrate forms a solid transparent film having protective, decorative or specific technical properties.
After application, the paint or varnish dries to a solid, adherent and protective coating.
Decorative paints and varnishes are paints and varnishes that are applied to buildings, their trim and fittings, as well as outdoor furniture, floors and fencing for decorative and protective purposes. They are appliedin situ. Their function is decorative whilst providing a protective role.
Woodstains (lasures) are coatings producing a transparent or semi-transparent film for decoration and protection of wood against weathering, which enables maintenance to be carried out easily.
Masonry coatings are coatings that produce a decorative and protective film for use on concrete, (paintable) brickwork, blockwork, rendering, calcium silicate or fibre-reinforced cement. They are intended principally for exterior use, but may also be used internally, or on soffits and balcony ceilings.
‘Tinting systems’ is a method of preparing coloured paints by mixing a ‘base’ with coloured tints.
3. The following products are not included in the product group:
(a)
anti-corrosion coatings;
(b)
anti-fouling coatings;
(c)
wood preservation products;
(d)
coatings for particular industrial and professional uses, including heavy-duty coatings;
(e)
any product primarily developed for indoor use and marketed as such.

Article 2
1. In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000 and subject to paragraphs 2 and 3 of this Article, paints and varnishes must fall within the product group ‘outdoor paints and varnishes’ as defined in Article 1, and must comply with the ecological criteria set out in the Annex to this Decision.
2. Two-pack reactive performance coatings for specific end uses shall comply with the following conditions:
(a)
both components thereof must individually comply with the ecological criteria set out in the Annex (with the exception of the criterion for Volatile Organic Compounds);
(b)
they must be accompanied by information explaining that the individual components must not be used separately or mixed with other products;
(c)
the final ready-for-use product, however, must also meet the ecological criteria, including the criterion for VOC.
3. Coatings marketed for both indoor and outdoor use must satisfy both the criteria set out in this Decision for outdoor paints and varnishes and the criteria set out in Commission Decision 2009/544/EC(2)for indoor paints and varnishes.

Article 3
The ecological criteria for the product group ‘outdoor paints and varnishes’, as well as the related assessment and verification requirements, shall be valid four years as from the date of entry into force of this Decision.

Article 4
For administrative purposes the code number assigned to the product group ‘outdoor paints and varnishes’ shall be ‘33’.

Article 5
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,
(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.
(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria are to be established according to product groups.
(3) It is appropriate to adopt a new decision establishing ecological criteria for the award of the Community eco-label to outdoor paints and vanishes.
(4) The ecological criteria, as well as the related assessment and verification requirements, should be valid for a period of four years.
(5) The measures provided for in this Decision are based on the draft criteria developed by the European Union Ecolabelling Board established under Article 13 of Regulation (EC) No 1980/2000.
(6) The measures provided for in this Decision are in accordance with the opinion of the committee instituted by Article 17 of Regulation (EC) No 1980/2000,
HAS ADOPTED THIS DECISION:
1. The product group ‘outdoor paints and varnishes’ shall comprise outdoor decorative and protective paints and varnishes, woodstains and related products for use on buildings and outdoor furniture, floors and fencing in accordance with paragraph 2, for use by do-it-yourself and professional users; and that are primarily developed for outdoor use and marketed as such.
This includes, inter alia, floor coatings and floor paints; products which are tinted by distributors at the request of amateur or professional decorators; tinting systems; decorative paints in liquid or paste formulas which may have been pre-conditioned, tinted or prepared by the manufacturer to meet consumers needs, including wood paints, wood and decking stains, masonry coatings and metal finishes (excluding anti-corrosion finishes and primers) as well as primers (and undercoats) of such product systems.
2. ‘Paint’ means a pigmented coating material, in liquid or in paste or powder form, which when applied to a substrate, forms an opaque film having protective, decorative or specific technical properties.
‘Varnish’ means a clear coating material which when applied to a substrate forms a solid transparent film having protective, decorative or specific technical properties.
After application, the paint or varnish dries to a solid, adherent and protective coating.
Decorative paints and varnishes are paints and varnishes that are applied to buildings, their trim and fittings, as well as outdoor furniture, floors and fencing for decorative and protective purposes. They are appliedin situ. Their function is decorative whilst providing a protective role.
Woodstains (lasures) are coatings producing a transparent or semi-transparent film for decoration and protection of wood against weathering, which enables maintenance to be carried out easily.
Masonry coatings are coatings that produce a decorative and protective film for use on concrete, (paintable) brickwork, blockwork, rendering, calcium silicate or fibre-reinforced cement. They are intended principally for exterior use, but may also be used internally, or on soffits and balcony ceilings.
‘Tinting systems’ is a method of preparing coloured paints by mixing a ‘base’ with coloured tints.
3. The following products are not included in the product group:
(a)
anti-corrosion coatings;
(b)
anti-fouling coatings;
(c)
wood preservation products;
(d)
coatings for particular industrial and professional uses, including heavy-duty coatings;
(e)
any product primarily developed for indoor use and marketed as such.
1. In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000 and subject to paragraphs 2 and 3 of this Article, paints and varnishes must fall within the product group ‘outdoor paints and varnishes’ as defined in Article 1, and must comply with the ecological criteria set out in the Annex to this Decision.
2. Two-pack reactive performance coatings for specific end uses shall comply with the following conditions:
(a)
both components thereof must individually comply with the ecological criteria set out in the Annex (with the exception of the criterion for Volatile Organic Compounds);
(b)
they must be accompanied by information explaining that the individual components must not be used separately or mixed with other products;
(c)
the final ready-for-use product, however, must also meet the ecological criteria, including the criterion for VOC.
3. Coatings marketed for both indoor and outdoor use must satisfy both the criteria set out in this Decision for outdoor paints and varnishes and the criteria set out in Commission Decision 2009/544/EC(2)for indoor paints and varnishes.
The ecological criteria for the product group ‘outdoor paints and varnishes’, as well as the related assessment and verification requirements, shall be valid four years as from the date of entry into force of this Decision.
For administrative purposes the code number assigned to the product group ‘outdoor paints and varnishes’ shall be ‘33’.
This Decision is addressed to the Member States.

A.   FRAMEWORK

ANNEX
The aims of the criteria
These criteria aim in particular at:

— | the efficient use of the product and the minimisation of waste,
— | reducing the environmental and other risks (such as tropospheric ozone) by reducing solvent emissions,
— | reducing the discharges of toxic or otherwise polluting substances into waters. The criteria are set at levels that promote the labelling of exterior paints and varnishes which have a lower environmental impact.
Assessment and verification requirements
The specific assessment and verification requirements are indicated within each criterion.
Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, it is understood that these may originate from the applicant and/or his supplier(s) and/or their supplier(s), etc. as appropriate.
Where appropriate, test methods other than those indicated for each criterion may be used if their equivalence is accepted by the competent body assessing the application.
Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications.
The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or EN ISO14001, when assessing applications and monitoring compliance with the criteria (Note:it is not required to implement such management schemes).
Where ingredients are referred to in the criteria, this includes substances and preparations. The definitions of ‘substances’ and ‘preparations’ are given in the REACH Regulation (Regulation (EC) No 1907/2006 of the European Parliament and of the Council(1).
The exact formulation of the product should be provided to the competent body for all ingoing substances that are used by the applicant. Any substance, including impurities, present in concentrations greater than 0,01 % (m/m) should be reported unless a lower concentration is specified elsewhere in the criteria.
B. ECOLOGICAL CRITERIA
All criteria except criterion 3 concerning VOC limits shall apply to the paint or varnish in its packaging. In line with the Directive 2004/42/EC of the European Parliament and of the Council(2)the VOC limits relate to the ready-to-use product and so the maximum VOC content should be calculated based on any recommended additions such as colourants and/or thinners. For this calculation, data supplied by the raw material suppliers regarding solids content, VOC content and product density will be required.
Criteria 1 and 2 apply only to white paints and light coloured paints, (including finishes, primers, undercoats and/or intermediates).
For tinting systems, criteria 1 and 2 apply only to the white (the base containing the most TiO2). In cases where the white base is unable to achieve the requirement of at least 6 m2per litre at a hiding power of 98 % according to criterion 7(a), the criteria shall be met after tinting to produce the standard colour RAL 9010.
Criteria 1 and 2 do not apply to transparent coatings.
1. White pigments
White pigment content(white inorganic pigments with a refractive index higher than 1,8): Paints shall have a white pigment content lower or equal to 38 g per m2of dry film, with 98 % opacity. This requirement does not apply to varnishes and woodstains.
Assessment and verification:The applicant shall either provide a declaration of non-use or provide the content of white pigments and the spreading rate, together with the detailed calculation showing compliance with this criterion.
2. Titanium dioxide
Titanium dioxide:The emissions and discharges of wastes from the production of any titanium dioxide pigment used shall not exceed the following (as derived from the Reference Document on Best Available Technology for the Manufacture of Large Volume Inorganic Chemicals (BREF) (August 2007)):

— | SOx emissions (expressed as SO2): 266 mg per m2of dry film (98 % opacity),
— | sulphate wastes: 19 g per m2of dry film (98 % opacity),
— | chloride wastes: 3,9, 6,8 and 12,5 g per m2of dry film (98 % opacity) respectively for natural rutile, synthetic rutile and slag ores.Assessment and verification: The applicant shall either provide a declaration of non-use or provide the supporting documentation indicating the respective levels of emissions and discharges of wastes for these parameters, the titanium dioxide content of the product, the spreading rate, together with the detailed calculations showing compliance with this criterion.
3. Volatile organic compounds (VOC)
VOCcontent shall not exceed:

Product Classification (Directive 2004/42/EC) | VOC limits (g/l including water)
Coatings for exterior walls of mineral substrate | 40
Exterior trim and cladding paints for wood and metal including undercoats | 90
Exterior trim varnishes and wood-stains, including opaque woodstains | 90
Exterior minimum build woodstains | 75
Primers (for exterior use) | 15
Binding Primers (for exterior use) | 15
1 Pack performance coatings | 100
Two-pack reactive performance coatings for specific end use such as floors | 100In this context volatile organic compounds (VOC) means any organic compounds having an initial boiling point less than or equal to 250 °C measured at a standard pressure of 101,3 kPa as defined Directive 2004/42/EC. The subcategories for paints and varnishes of the Directive are used for defining VOC limits. Only the categories relevant to outdoor coatings are displayed here.
Assessment and verification:The applicant shall provide a declaration of compliance with this criterion. For all products the applicant shall indicate the VOC content.
4. Volatile aromatic hydrocarbons (VAH)
Volatile aromatic hydrocarbons shall not be directly added to the product before or during tinting (where applicable); however ingredients containing VAH may be added up to such a limit that the VAH content in the end product will not exceed 0,1 % (m/m).
In this context volatile aromatic hydrocarbon (VAH) means any organic compound, as defined in Directive 2004/42/EC, having an initial boiling point less than or equal to 250 °C measured at a standard pressure of 101,3kPa and having at least one aromatic nucleus in its developed structural formula.
Assessment and verification: The applicant shall provide a declaration of compliance with this criterion stating that VAH has not been added other than in prefabricated ingredients and where applicable declarations from the suppliers of the ingredient confirming their VAH content.
5. Heavy metals
The following heavy metals or their compounds shall not be used as an ingredient of the product or tint (as applicable) (whether as a substance or as part of any preparation used): cadmium, lead, chromium VI, mercury, arsenic, barium (excluding barium sulphate), selenium, antimony.
Cobalt shall also not be added as an ingredient with the exception of cobalt salts used as a siccative in alkyd paints. These may be used up to a concentration not exceeding 0,05 % (m/m) in the end product, measured as cobalt metal. Cobalt in pigments is also exempted from this requirement.
It is accepted that ingredients may contain traces of these metals up to 0,01 % (m/m) deriving from impurities in the raw materials.
Assessment and verification:The applicant shall provide a declaration of compliance with this criterion as well as declarations from ingredient suppliers (where applicable).
6. Dangerous substances

| (a) | The product:The product shall not be classified as very toxic, toxic, dangerous to the environment, carcinogenic, toxic for reproduction, harmful, corrosive, mutagenic or irritant (only where this is caused by the presence of ingredients labelled with R43) in accordance with Directive 1999/45/EC of the European Parliament and of the Council(3)before or after tinting (where applicable).Assessment and verification:The applicant shall provide a declaration of compliance with this criterion, together with a product material safety data sheet meeting the requirements of Annex II to REACH Regulation.
| (b) | Ingredients (very toxic, toxic, carcinogenic, mutagenic, toxic for reproduction): No ingredient including those used in tinting (if applicable) shall be used that is assigned or may be assigned at the time of application any of the following risk phrases (or combinations thereof):—R23 (toxic by inhalation),—R24 (toxic in contact with skin),—R25 (toxic if swallowed),—R26 (very toxic by inhalation),—R27 (very toxic in contact with skin),—R28 (very toxic if swallowed),—R33 (danger of cumulative effects),—R39 (danger of very serious irreversible effects),—R40 (limited evidence of carcinogenic effect),—R42 (may cause sensitisation by inhalation),—R45 (may cause cancer),—R46 (may cause heritable genetic damage),—R48 (danger of serious damage to health by prolonged exposure),—R49 (may cause cancer by inhalation),—R60 (may impair fertility),—R61 (may cause harm to the unborn child),—R62 (possible risk of impaired fertility),—R63 (possible risk of harm to the unborn child),—R68 (possible risk of irreversible effects),as laid down in Council Directive 67/548/EEC(4), and its subsequent amendments. Active ingredients used as preservatives in the formula and that are assigned any of the risk phrases R23, R24, R25, R26, R27, R28, R39 R40 or R48 (or combinations thereof) may nevertheless be used up to a limit of 0,1 % (m/m) of the total paint formulation.Alternatively, the Globally Harmonised System (GHS) of classification may be considered(5). In this case the ingredients, including those used in tinting (if applicable), classified as the following (or combinations thereof) shall not be used:—Acute Toxicity (oral) — Category I, II, III,—Acute Toxicity (dermal) — Category I, II, III,—Acute Toxicity (inhalation) — Category I, II, III,—Respiratory Sensitisation — Category I,—Mutagenic Substances — Category I, II,—Carcinogenic Substances — Category I, II,—Substances Toxic for Reproduction — Category I, II,—Specific Target Organ Systemic Toxicity (single exposure) — Category I, II,—Specific Target Organ Systemic Toxicity (repeated exposure) — Category I, II,as laid down in ST/SG/AC.10/30(6)and revised in ST/SG/AC.10/34/Add.3 on the Globally Harmonised System of Classification and Labelling of Chemicals. Active ingredients used as preservers in the formula and that are assigned any of the following GHS categories may nevertheless be used up to a limit of 0,1 % (m/m) of the total paint formulation:—Acute Toxicity (oral, dermal, inhalation) — I, II, III (only oral and dermal),—Specific Target Organ Systemic Toxicity (single and/or repeated exposure) — I, II (or combinations thereof) and,—Carcinogenicity category II.Methyl Ethyl Ketoxime may be used in alkyd paints up to a limit of 0,3 % (m/m).Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with a product material safety data sheet meeting the requirements of Annex II to REACH Regulation. | — | R23 (toxic by inhalation), | — | R24 (toxic in contact with skin), | — | R25 (toxic if swallowed), | — | R26 (very toxic by inhalation), | — | R27 (very toxic in contact with skin), | — | R28 (very toxic if swallowed), | — | R33 (danger of cumulative effects), | — | R39 (danger of very serious irreversible effects), | — | R40 (limited evidence of carcinogenic effect), | — | R42 (may cause sensitisation by inhalation), | — | R45 (may cause cancer), | — | R46 (may cause heritable genetic damage), | — | R48 (danger of serious damage to health by prolonged exposure), | — | R49 (may cause cancer by inhalation), | — | R60 (may impair fertility), | — | R61 (may cause harm to the unborn child), | — | R62 (possible risk of impaired fertility), | — | R63 (possible risk of harm to the unborn child), | — | R68 (possible risk of irreversible effects), | — | Acute Toxicity (oral) — Category I, II, III, | — | Acute Toxicity (dermal) — Category I, II, III, | — | Acute Toxicity (inhalation) — Category I, II, III, | — | Respiratory Sensitisation — Category I, | — | Mutagenic Substances — Category I, II, | — | Carcinogenic Substances — Category I, II, | — | Substances Toxic for Reproduction — Category I, II, | — | Specific Target Organ Systemic Toxicity (single exposure) — Category I, II, | — | Specific Target Organ Systemic Toxicity (repeated exposure) — Category I, II, | — | Acute Toxicity (oral, dermal, inhalation) — I, II, III (only oral and dermal), | — | Specific Target Organ Systemic Toxicity (single and/or repeated exposure) — I, II (or combinations thereof) and, | — | Carcinogenicity category II.
— | R23 (toxic by inhalation),
— | R24 (toxic in contact with skin),
— | R25 (toxic if swallowed),
— | R26 (very toxic by inhalation),
— | R27 (very toxic in contact with skin),
— | R28 (very toxic if swallowed),
— | R33 (danger of cumulative effects),
— | R39 (danger of very serious irreversible effects),
— | R40 (limited evidence of carcinogenic effect),
— | R42 (may cause sensitisation by inhalation),
— | R45 (may cause cancer),
— | R46 (may cause heritable genetic damage),
— | R48 (danger of serious damage to health by prolonged exposure),
— | R49 (may cause cancer by inhalation),
— | R60 (may impair fertility),
— | R61 (may cause harm to the unborn child),
— | R62 (possible risk of impaired fertility),
— | R63 (possible risk of harm to the unborn child),
— | R68 (possible risk of irreversible effects),
— | Acute Toxicity (oral) — Category I, II, III,
— | Acute Toxicity (dermal) — Category I, II, III,
— | Acute Toxicity (inhalation) — Category I, II, III,
— | Respiratory Sensitisation — Category I,
— | Mutagenic Substances — Category I, II,
— | Carcinogenic Substances — Category I, II,
— | Substances Toxic for Reproduction — Category I, II,
— | Specific Target Organ Systemic Toxicity (single exposure) — Category I, II,
— | Specific Target Organ Systemic Toxicity (repeated exposure) — Category I, II,
— | Acute Toxicity (oral, dermal, inhalation) — I, II, III (only oral and dermal),
— | Specific Target Organ Systemic Toxicity (single and/or repeated exposure) — I, II (or combinations thereof) and,
— | Carcinogenicity category II.
| (c) | Ingredients (dangerous for the environment):No ingredient shall exceed 2 % (m/m), including those used in tinting (if applicable), that is assigned or may be assigned at the time of application any of the following risk phrases:—N R50 (very toxic to aquatic organisms),—N R50/53 (very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment),—N R51/53 (toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment),—N R52/53 (harmful to aquatic organisms, may cause long-term adverse effects in the aquatic environment),—R51 (toxic to aquatic organisms),—R52 (harmful to aquatic organisms),—R53 (may cause long-term adverse effects in the aquatic environment),as laid down in Directive 67/548/EEC or Directive 1999/45/EC.Alternatively, the Globally Harmonised System (GHS) of classification may be considered(7). In this case no ingredient shall exceed 2 % (m/m), including those used in tinting (if applicable), that is assigned or may be assigned at the time of application any of the following classifications:Aquatic Toxicity categories (and combinations thereof):—Acute I, II, III,—Chronic I, II, III, IV,as laid down in ST/SG/AC.10/30 and revised in ST/SG/AC.10/34/Add.3 on the Globally Harmonised System of Classification and Labelling of Chemicals.In either case, the sum total of all ingredients that are assigned or may be assigned at the time of application any of these risk phrases (or combinations thereof) or GHS classifications shall not exceed 4 % (m/m).This requirement does not apply to ammonia or akyl ammonia.This requirement does not affect the obligation to fulfil the requirement set out in criterion 6(a) above.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, together with a list of ingredients and material safety data sheets of each ingredient meeting the requirements of Annex II to REACH Regulation. | — | N R50 (very toxic to aquatic organisms), | — | N R50/53 (very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment), | — | N R51/53 (toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment), | — | N R52/53 (harmful to aquatic organisms, may cause long-term adverse effects in the aquatic environment), | — | R51 (toxic to aquatic organisms), | — | R52 (harmful to aquatic organisms), | — | R53 (may cause long-term adverse effects in the aquatic environment), | — | Acute I, II, III, | — | Chronic I, II, III, IV,
— | N R50 (very toxic to aquatic organisms),
— | N R50/53 (very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment),
— | N R51/53 (toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment),
— | N R52/53 (harmful to aquatic organisms, may cause long-term adverse effects in the aquatic environment),
— | R51 (toxic to aquatic organisms),
— | R52 (harmful to aquatic organisms),
— | R53 (may cause long-term adverse effects in the aquatic environment),
— | Acute I, II, III,
— | Chronic I, II, III, IV,
| (d) | Alkylphenolethoxylates (APEOs): APEOS shall not be used in the product before or during tinting (if applicable).Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.
| (e) | Isothiazolinone compounds: The content of isothiazolinone compounds in the product shall not exceed 0,05 % (m/m) before or after tinting (if applicable). For wood coatings isothiazolinone compounds shall not exceed 0,2 % (m/m). Likewise the content of the mixture of 5-chloro-2-methyl-2H-isothiazol-3-one (EC No 247-500-7) and 2- methyl-2H-isothiazol-3-one (EC No 220-239-6) (3:1) shall not exceed 0,0015 % (m/m).Assessment and verification: The applicant shall provide a declaration of compliance with this criterion, indicating the amounts (if used).
| (f) | Perfluorinated alkyl sulfonates (PFAS), perfluorinated carboxylic acids (PFCA) including Perfluorooctanoic Acid (PFOA) and related substances listed in the OECD ‘Preliminary lists of PFOS, PFAS, PFOA, PFCA, related compounds and chemicals that may degrade to PFCA (as revised in 2007)’ are not permitted in the product. The OECD list is provided in the Annex to this criteria document.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.
| (g) | Formaldehyde: Free formaldehydes shall not be added. Formaldehyde donators may only be added in such quantities as will ensure that the resulting total content after tinting (if applicable) of free formaldehyde will not exceed 0,001 % (m/m).Assessment and verification:The applicant shall provide a declaration of compliance with this criterion. In addition the applicant shall provide test results from raw materials suppliers using the VdL-RL 03 test method (VdL Guide-line03) ‘In-can concentration of formaldehyde determined by the acetyl-acetone method’ and calculations relating the data from these tests to the final product in order to indicate that the final maximum possible concentration of formaldehyde released by formaldehyde releasing substances is not higher than 0,001 % (m/m). Alternatively, formaldehyde resulting from formaldehyde donors can be measured in the end product based on High-performance liquid chromatography, by using a national standard or validated method as described in ISO/IEC 17025.
| (h) | Halogenated Organic Solvents: Notwithstanding criteria 6a, 6b and 6c, only halogenated compounds that at the time of application have been risk assessed and have not been classified with the risk phrases (or combinations thereof): R26/27, R45, R48/20/22, R50, R51, R52, R53, R50/53, R51/53, R52/53 and R59 in accordance with Directives 67/548/EEC and 1999/45/EC may be used in the product before or during tinting (if applicable).Assessment and verification:The applicant shall provide a declaration of compliance with this criterion.
| (i) | Phthalates: Notwithstanding criteria 6a, 6b and 6c, only phthalates that at the time of application have been risk assessed and have not been classified with the phrases (or combinations thereof): R60, R61, R62, R50, R51, R52, R53, R50/53, R51/53, R52/53, in accordance with Directive 67/548/EEC and its amendments, may be used in the product before or during tinting (if applicable). Additionally DNOP (di-n-octyl phthalate), DINP (di-isononyl phthalate), DIDP (di-isodecyl phthalate) are not permitted in the product.Assessment and verification: The applicant shall provide a declaration of compliance with this criterion.7. Fitness for use

| (a) | Spreading rate:White paints and light-coloured paints (including finishes, primers, undercoats and/or intermediates) shall have a spreading rate (at a hiding power of 98 %) of at least 6 m2per litre of product.For tinting systems, this criterion applies only to the white base (the base containing the most TiO2). In case the white base is unable to achieve the requirement of at least 6 m2per litre at a hiding power of 98 %, the criterion shall be met after tinting the white base to produce the standard colour RAL 9010. For all other bases used to produce tinted products — these are bases which as a rule contain less TiO2, which are unable to achieve the requirement of at least 6 m2per litre of product at a hiding power of 98 % — the criterion shall not apply. For paints that are a part of a tinting system, the applicant must advise the end-user on the product packaging and/or POS which shade or primer/undercoat (if possible carrying the European Eco-label) should be used as a basecoat before applying the darker shade.Primers with specific blocking/sealing, penetrating/binding properties and primers with special adhesion properties for aluminium and galvanised surfaces shall have a spreading rate (at a hiding power of 98 %) of at least 6 m2per litre of product.Elastomeric paints shall have a spreading rate (at a hiding power of 98 %) of at least 4 m2per litre of product.This requirement does not apply to varnishes, woodstains, floor coatings, floor paints, undercoats, other adhesion primers or any other transparent coatings.Assessment and verification:The applicant shall provide a test report using the method ISO6504/1 (Paints and varnishes — determination of hiding power — Part 1: Kubelka-Munk method for white and light-coloured paints) or 6504/3 (Part 3: determination of contrast ratio (opacity) of light-coloured paints at a fixed spreading rate), or (for paints specially designed to give a three-dimensional decorative effect and characterised by a very thick coat) the method NF T 30 073 (or equivalent). For bases used to produce tinted products not evaluated according to the abovementioned requirements, the applicant shall produce evidence that the end-user is advised to use a primer and/or grey (or other relevant shade) of undercoat before application of the product.
| (b) | Resistance to water: Varnishes, floor coatings and floor paints shall have a resistance to water, as determined by ISO 2812-3 such that after 24 hours’ exposure and 16 hours’ recovery no change of gloss or of colour occurs.Assessment and verification:The applicant shall provide a test report using the method ISO 2812-3 (Paints and varnishes — determination of resistance to liquids — Part 3: Method using an absorbent medium).
| (c) | Adhesion: Masonry paints (excluding transparent primers) shall score a pass in the EN 24624 (ISO 4624) pull-off test for adhesion and floor coatings, floor paints and undercoats for concrete, wood and metal coatings shall score at least a 2 in the EN 2409 cross-cut method for adhesion. When carrying out EN 24624 where the cohesive strength of the substrate is less than the adhesive strength of the paint then this is considered a pass, otherwise the adhesion of the paint must be in excess of a pass value of 1,5MPa.The applicant shall evaluate the primer and/or finish alone or both as part of a system (the system when tested shall concern products if possible labelled with the European Eco-label (with the exception of systems designed for metal surfaces)). When testing the finish alone this shall be considered the worst case scenario concerning adhesion.Assessment and verification: The applicant shall provide a test report using the method EN ISO 2409 or EN 24624 (ISO 4624) as applicable.
| (d) | Abrasion: Floor coatings and floor paints shall have an abrasion resistance not exceeding 70 mg weight loss after 1 000 test cycles with a 1 000 g load and a CS10 wheel according to EN ISO 7784-2:2006.Assessment and verification:The applicant shall provide a test report showing compliance with this criterion using the method EN ISO 7784-2:2006.
| (e) | Weathering: Masonry finish paints and wood and metal finishes including varnishes shall be exposed to artificial weathering in apparatus including fluorescent UV lamps and condensation or water spray according to 11507:2007. Masonry paints shall be exposed to test conditions for 1 000 hours, wood and metal finishes (including varnishes) shall be exposed to test conditions for 500 hours. Test conditions are: UVA 4h/60degC + humidity 4h/50degC.Alternatively, wood finishes and wood varnishes may be exposed to weathering for 500 hours in the QUV accelerated weathering apparatus with cyclic exposure with UV(A) radiation and spraying according to EN 927-6.The colour change of samples exposed to weathering shall not be greater than ΔΕ * = 4 and decrease in gloss for varnishes shall not be greater than 30 % of its initial value. The gloss shall be measured using ISO 2813. The criterion for colour change is not applicable to transparent varnishes and bases.Chalking shall be tested using method EN ISO 4628-6:2007 on masonry finish coats and wood and metal finishes (where applicable) after the samples have been exposed to weathering. Coatings shall achieve a score of 1,5 or better (0,5 or 1,0) in this test. In the standard there are illustrated references.The following parameters shall also be evaluated on masonry finish coats and wood and metal finishes after the samples have been exposed to weathering:—Flaking according to ISO 4628-5:2003; flake density 2 or less, flake size 2 or less,—Cracking according to ISO 4628-4:2003; crack quantity 2 or less, crack size 3 or less,—Blistering according to ISO 4628-2:2003; blister density 3 or less, blister size 3 or less.Due to the large number of possible tinting colours, these tests will be restricted to the base paint used.Assessment and verification: The applicant shall provide test reports using either ISO11507:2007 according to the specified parameters or EN 927-6, or both (if relevant). Additionally the applicant shall provide test reports using EN ISO 4628-2, 4, 5, 6 where applicable. The applicant shall also provide a declaration that (where applicable) the colour change of the coating is within the parameter set in this document. | — | Flaking according to ISO 4628-5:2003; flake density 2 or less, flake size 2 or less, | — | Cracking according to ISO 4628-4:2003; crack quantity 2 or less, crack size 3 or less, | — | Blistering according to ISO 4628-2:2003; blister density 3 or less, blister size 3 or less.
— | Flaking according to ISO 4628-5:2003; flake density 2 or less, flake size 2 or less,
— | Cracking according to ISO 4628-4:2003; crack quantity 2 or less, crack size 3 or less,
— | Blistering according to ISO 4628-2:2003; blister density 3 or less, blister size 3 or less.
| (f) | Water vapour permeability: Where claims are made that exterior masonry and concrete paints are breathable the paint shall be classified as Class II (medium vapour permeability) or better according to the test method EN ISO 7783-2. Due to the large number of potential tinting colours, this criterion will be restricted to testing of the base paint; this requirement is not applicable to transparent primers.Assessment and verification: The applicant shall provide a test report using methodology EN ISO 7783-2.
| (g) | Liquid water permeability: Where claims are made that exterior masonry and concrete paints are water repellent or elastomeric, the coating shall be classified as Class III (low liquid permeability) according to method DIN EN 1062-3:1999. Due to the large number of potential tinting colours, this criterion will be restricted to the testing of the base paint. All other masonry paints shall be classified as Class II (medium liquid permeability) or better according to the test method DIN EN 1062-3:1999.Assessment and verification:The applicant shall provide a test report using methodology DIN EN 1062-3:1999.
| (h) | Fungal resistance:Where claims are made that masonry finish coatings have anti-fungal properties, the coating shall have a score of 2 or better (less than 10 % fungal coverage), as determined by method BS 3900:G6. Due to the large number of possible tinting colours, this criterion will be restricted to the testing of the base paint.Assessment and verification: The applicant shall provide a test report using methodology BS 3900:G6.
| (i) | Crack bridging:Where claims are made that masonry (or concrete) paint has elastomeric properties, it shall be at least classified as A1 at 23 °C according to DIN EN 1062-7:2004. Due to the large number of potential tinting colours, this criterion will be restricted to the testing of the base paint.Assessment and verification: The applicant shall provide a test report using methodology DIN EN 1062-7:2004.
| (j) | Alkali resistance: Masonry paints and primers shall show no noticeable damage when the coating is spotted for 24 hours with 10 % NaOH solution according to method ISO 2812-4:2007.The evaluation is done after 24 hours drying-recovery.Assessment and verification: The applicant shall provide a test report using methodology ISO 2812-4:2007.8. Consumer information
The following information shall appear on the packaging or attached to the packaging:

— | the use, substrate and conditions of use for which the product is intended. This shall include advice on preparatory work, etc., such as correct substrate preparation, advice on outdoor use (where appropriate), or temperature,
— | recommendations for cleaning tools and appropriate waste management (in order to limit water pollution). These recommendations shall be adapted to the type of product in question and field of application in question and may make use of pictograms if appropriate,
— | recommendations concerning product storage conditions after opening (in order to limit solid waste), including safety advice if appropriate,
— | for darker coatings for which criterion 7(a) does not apply, advice is given concerning the use of the correct primer or base paint (if possible carrying the European Ecolabel),
— | text advising that unused paint requires specialist handling for safe environmental disposal and that it should not therefore be thrown away with household refuse or poured away. Advice regarding disposal and collection should be sought from the local authority,
— | recommendations on preventive protection measures for the painter. The following text (or equivalent text): shall appear on the packaging or attached to the packaging:For more information as to why this product has been awarded the Flower please visit the web-site: http://ec.europa.eu/environment/ecolabel.Assessment and verification:A sample of the product packaging shall be provided on application, together with a corresponding declaration of compliance with these criteria, as appropriate.
9. Information appearing on the eco-label
Box 2 of the eco-label shall contain the following text:

— | good performance for outdoor use,
— | hazardous substances restricted,
— | low solvent content.Assessment and verification: The applicant shall provide a sample of the product packaging showing the label, together with a declaration of compliance with this criterion.

(1)
OJ L 396, 30.12.2006, p. 1.
(2)
OJ L 143, 30.4.2004, p. 87.
(3)
OJ L 200, 30.7.1999, p. 1.
(4)
OJ 196, 16.8.1967, p. 1.
(5) On 27 June 2007, the European Commission adopted the ‘Proposal for a Regulation of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006’ (COM(2007) 355 final). For further information relating to the overlap between the existing system and GHS refer to Annex VII to Volume III of the proposal that has been adopted: http://ec.europa.eu/enterprise/reach/docs/ghs/ghs_prop_vol_iii_en.pdf
(6) United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonised System of Classification and Labelling of Chemicals: http://www.unece.org/trans/main/dgdb/dgcomm/ac10rep.html
(7) See footnote 5.

Pending: 32009D0494

January 16, 2026
27.6.2009 EN Official Journal of the European Union L 166/74
(1) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements(3)lays down veterinary certification conditions for imports into and transit through the Community of poultry and certain products thereof. In the interests of clarity and consistency of Community rules, it is appropriate that the definitions of poultry and hatching eggs in that Regulation be taken into account for the purposes of this Decision.
(2) Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof(4)lays down the animal health conditions for imports of certain birds into the Community from third countries and parts thereof. In the interests of clarity and consistency of Community rules, it is appropriate that the definition of birds in that Regulation be taken into account for the purposes of this Decision.
(3) Commission Decision 2006/265/EC of 31 March 2006 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Switzerland(5)and Commission Decision 2006/533/EC of 28 July 2006 concerning certain temporary protection measures in relation to highly pathogenic avian influenza in Croatia(6)were adopted following positive findings for highly pathogenic avian influenza of subtype H5N1 in wild birds in both of those third countries. Those Decisions provided that Member States are to suspend imports from certain parts of Croatia and Switzerland of live poultry, ratites, farmed and wild feathered game and certain other live birds, including pet birds and hatching eggs of those species, as well as certain products of birds. Decisions 2006/265/EC and 2006/533/EC have been consolidated in one act and the duration of the measures prolonged until 30 June 2009 by Commission Decision 2008/555/EC of 26 June 2008 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in Croatia and Switzerland(7).
(4) Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community(8)lays down certain biosecurity and restriction measures to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease in poultry.
(5) Commission Decision 2006/563/EC of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community(9)lays down certain protection measures to prevent the spread of that disease from wild birds to poultry including, based on risk assessment, the establishment of control and monitoring areas taking into account the epidemiological, geographical and ecological factors following a suspected or confirmed positive finding for that disease in wild birds.
(6) Croatia has notified the Commission that the competent authorities of that third country are applying protection measures that are equivalent to those applied by the competent authorities of the Member States, as provided in Decision 2006/563/EC, when highly pathogenic avian influenza of H5N1 subtype is suspected or confirmed in wild birds and that it will immediately notify the Commission of any future changes to its animal health status, including specifically any positive findings of that disease in wild birds.
(7) Switzerland has notified the Commission that the competent authorities of that country are applying protection measures that are equivalent to those applied by the competent authorities of the Member States, as provided for in Decisions 2006/415/EC and 2006/563/EC, when highly pathogenic avian influenza of subtype H5N1 is suspected or confirmed in poultry or wild birds and that it will immediately notify the Commission of any future changes to its animal health status, including specifically any outbreak or positive findings of that disease in poultry or wild birds. Account should also be taken of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products(10).
(8) The Commission will immediately inform the Member States and forward any such information received from the competent authorities of Croatia and Switzerland to them.
(9) In the light of the current epidemiological situation as regards highly pathogenic avian influenza of subtype H5N1 in the Community and in third countries, and in view of the guarantees received from Croatia, it is appropriate that in the event of a positive finding of that disease in a wild bird in the territory of Croatia, Community protection measures concerning that country are only applied to those parts of Croatia for which the competent authority of that country does apply equivalent protection measures as laid down in Decision 2006/563/EC.
(10) In view of the guarantees received from Switzerland, it is appropriate that in the event of a positive finding of avian influenza of subtype H5N1 in a wild bird or an outbreak of that disease in poultry in the territory of Switzerland, protection measures concerning that country are only applied to those parts of Switzerland for which the competent authority of that country does apply equivalent protection measures as laid down in Decisions 2006/415/EC and 2006/563/EC.
(11) Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries(11)lays down the list of third countries from which Member States may authorise the importation of meat products and treated stomachs, bladders and intestines, and establishes treatment regimes considered effective in inactivating the respective pathogens. In order to prevent the risk of disease transmission via such products, appropriate treatment must be applied depending on the health status of the country of origin and the species the products are obtained from. It is therefore appropriate that a derogation from the provision suspending imports of meat products of wild feathered game originating in Croatia and Switzerland should be granted, provided the products have been treated to a temperature of at least 70 °C throughout the products.
(12) Decision 2008/555/EC is applicable until 30 June 2009. In the light of the ongoing epidemiological situation it is appropriate to extend the measures it provided for until 31 December 2010.
(13) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
(a) poultry as defined in Article 2(1) of Regulation (EC) No 798/2008;
(b) hatching eggs as defined in Article 2(2) of Regulation (EC) No 798/2008;
(c) birds as defined in Article 3(a) of Regulation (EC) No 318/2007 and their hatching eggs;
(d) meat, minced meat, meat preparations, mechanically separated meat of wild feathered game;
(e) meat products consisting of or containing meat of wild feathered game;
(f) raw pet food and unprocessed feed material containing any parts of wild feathered game;
(g) non-treated game trophies from any birds.
(a) as regards Croatia, all areas of the territory of Croatia for which the competent authorities of Croatia do formally apply protection measures that are equivalent to those laid down in Decision 2006/563/EC;
(b) as regards Switzerland, all areas of the territory of Switzerland for which the competent authorities of Switzerland do formally apply protection measures that are equivalent to those laid down in Decisions 2006/415/EC and 2006/563/EC.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), and in particular Article 18(1) and (7) thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(2), and in particular Article 22(1) and (6) thereof,
(1) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements(3)lays down veterinary certification conditions for imports into and transit through the Community of poultry and certain products thereof. In the interests of clarity and consistency of Community rules, it is appropriate that the definitions of poultry and hatching eggs in that Regulation be taken into account for the purposes of this Decision.
(2) Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof(4)lays down the animal health conditions for imports of certain birds into the Community from third countries and parts thereof. In the interests of clarity and consistency of Community rules, it is appropriate that the definition of birds in that Regulation be taken into account for the purposes of this Decision.
(3) Commission Decision 2006/265/EC of 31 March 2006 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Switzerland(5)and Commission Decision 2006/533/EC of 28 July 2006 concerning certain temporary protection measures in relation to highly pathogenic avian influenza in Croatia(6)were adopted following positive findings for highly pathogenic avian influenza of subtype H5N1 in wild birds in both of those third countries. Those Decisions provided that Member States are to suspend imports from certain parts of Croatia and Switzerland of live poultry, ratites, farmed and wild feathered game and certain other live birds, including pet birds and hatching eggs of those species, as well as certain products of birds. Decisions 2006/265/EC and 2006/533/EC have been consolidated in one act and the duration of the measures prolonged until 30 June 2009 by Commission Decision 2008/555/EC of 26 June 2008 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in Croatia and Switzerland(7).
(4) Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community(8)lays down certain biosecurity and restriction measures to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease in poultry.
(5) Commission Decision 2006/563/EC of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community(9)lays down certain protection measures to prevent the spread of that disease from wild birds to poultry including, based on risk assessment, the establishment of control and monitoring areas taking into account the epidemiological, geographical and ecological factors following a suspected or confirmed positive finding for that disease in wild birds.
(6) Croatia has notified the Commission that the competent authorities of that third country are applying protection measures that are equivalent to those applied by the competent authorities of the Member States, as provided in Decision 2006/563/EC, when highly pathogenic avian influenza of H5N1 subtype is suspected or confirmed in wild birds and that it will immediately notify the Commission of any future changes to its animal health status, including specifically any positive findings of that disease in wild birds.
(7) Switzerland has notified the Commission that the competent authorities of that country are applying protection measures that are equivalent to those applied by the competent authorities of the Member States, as provided for in Decisions 2006/415/EC and 2006/563/EC, when highly pathogenic avian influenza of subtype H5N1 is suspected or confirmed in poultry or wild birds and that it will immediately notify the Commission of any future changes to its animal health status, including specifically any outbreak or positive findings of that disease in poultry or wild birds. Account should also be taken of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products(10).
(8) The Commission will immediately inform the Member States and forward any such information received from the competent authorities of Croatia and Switzerland to them.
(9) In the light of the current epidemiological situation as regards highly pathogenic avian influenza of subtype H5N1 in the Community and in third countries, and in view of the guarantees received from Croatia, it is appropriate that in the event of a positive finding of that disease in a wild bird in the territory of Croatia, Community protection measures concerning that country are only applied to those parts of Croatia for which the competent authority of that country does apply equivalent protection measures as laid down in Decision 2006/563/EC.
(10) In view of the guarantees received from Switzerland, it is appropriate that in the event of a positive finding of avian influenza of subtype H5N1 in a wild bird or an outbreak of that disease in poultry in the territory of Switzerland, protection measures concerning that country are only applied to those parts of Switzerland for which the competent authority of that country does apply equivalent protection measures as laid down in Decisions 2006/415/EC and 2006/563/EC.
(11) Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries(11)lays down the list of third countries from which Member States may authorise the importation of meat products and treated stomachs, bladders and intestines, and establishes treatment regimes considered effective in inactivating the respective pathogens. In order to prevent the risk of disease transmission via such products, appropriate treatment must be applied depending on the health status of the country of origin and the species the products are obtained from. It is therefore appropriate that a derogation from the provision suspending imports of meat products of wild feathered game originating in Croatia and Switzerland should be granted, provided the products have been treated to a temperature of at least 70 °C throughout the products.
(12) Decision 2008/555/EC is applicable until 30 June 2009. In the light of the ongoing epidemiological situation it is appropriate to extend the measures it provided for until 31 December 2010.
(13) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Article 1
1. Member States shall suspend imports or the introduction into the Community from that part of the territory of Croatia referred to in paragraph 2(a) and from that part of the territory of Switzerland referred to in paragraph 2(b) of the following commodities:
(a)
poultry as defined in Article 2(1) of Regulation (EC) No 798/2008;
(b)
hatching eggs as defined in Article 2(2) of Regulation (EC) No 798/2008;
(c)
birds as defined in Article 3(a) of Regulation (EC) No 318/2007 and their hatching eggs;
(d)
meat, minced meat, meat preparations, mechanically separated meat of wild feathered game;
(e)
meat products consisting of or containing meat of wild feathered game;
(f)
raw pet food and unprocessed feed material containing any parts of wild feathered game;
(g)
non-treated game trophies from any birds.
2. The suspension provided for in paragraph 1 shall apply to imports or the introduction into the Community from:
(a)
as regards Croatia, all areas of the territory of Croatia for which the competent authorities of Croatia do formally apply protection measures that are equivalent to those laid down in Decision 2006/563/EC;
(b)
as regards Switzerland, all areas of the territory of Switzerland for which the competent authorities of Switzerland do formally apply protection measures that are equivalent to those laid down in Decisions 2006/415/EC and 2006/563/EC.
3. By way of derogation from paragraph 1(e), Member States shall authorise imports and the introduction into the Community of meat products consisting of or containing meat of wild feathered game under the condition that the meat of these species has undergone at least one of the specific treatments referred to under points B, C or D in Part 4 of Annex II to Decision 2007/777/EC.

Article 2
Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.

Article 3
This Decision shall apply from 1 July 2009 until 31 December 2010.

Article 4
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), and in particular Article 18(1) and (7) thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(2), and in particular Article 22(1) and (6) thereof,
(1) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements(3)lays down veterinary certification conditions for imports into and transit through the Community of poultry and certain products thereof. In the interests of clarity and consistency of Community rules, it is appropriate that the definitions of poultry and hatching eggs in that Regulation be taken into account for the purposes of this Decision.
(2) Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof(4)lays down the animal health conditions for imports of certain birds into the Community from third countries and parts thereof. In the interests of clarity and consistency of Community rules, it is appropriate that the definition of birds in that Regulation be taken into account for the purposes of this Decision.
(3) Commission Decision 2006/265/EC of 31 March 2006 concerning certain protection measures in relation to a suspicion of highly pathogenic avian influenza in Switzerland(5)and Commission Decision 2006/533/EC of 28 July 2006 concerning certain temporary protection measures in relation to highly pathogenic avian influenza in Croatia(6)were adopted following positive findings for highly pathogenic avian influenza of subtype H5N1 in wild birds in both of those third countries. Those Decisions provided that Member States are to suspend imports from certain parts of Croatia and Switzerland of live poultry, ratites, farmed and wild feathered game and certain other live birds, including pet birds and hatching eggs of those species, as well as certain products of birds. Decisions 2006/265/EC and 2006/533/EC have been consolidated in one act and the duration of the measures prolonged until 30 June 2009 by Commission Decision 2008/555/EC of 26 June 2008 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in Croatia and Switzerland(7).
(4) Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community(8)lays down certain biosecurity and restriction measures to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease in poultry.
(5) Commission Decision 2006/563/EC of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community(9)lays down certain protection measures to prevent the spread of that disease from wild birds to poultry including, based on risk assessment, the establishment of control and monitoring areas taking into account the epidemiological, geographical and ecological factors following a suspected or confirmed positive finding for that disease in wild birds.
(6) Croatia has notified the Commission that the competent authorities of that third country are applying protection measures that are equivalent to those applied by the competent authorities of the Member States, as provided in Decision 2006/563/EC, when highly pathogenic avian influenza of H5N1 subtype is suspected or confirmed in wild birds and that it will immediately notify the Commission of any future changes to its animal health status, including specifically any positive findings of that disease in wild birds.
(7) Switzerland has notified the Commission that the competent authorities of that country are applying protection measures that are equivalent to those applied by the competent authorities of the Member States, as provided for in Decisions 2006/415/EC and 2006/563/EC, when highly pathogenic avian influenza of subtype H5N1 is suspected or confirmed in poultry or wild birds and that it will immediately notify the Commission of any future changes to its animal health status, including specifically any outbreak or positive findings of that disease in poultry or wild birds. Account should also be taken of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products(10).
(8) The Commission will immediately inform the Member States and forward any such information received from the competent authorities of Croatia and Switzerland to them.
(9) In the light of the current epidemiological situation as regards highly pathogenic avian influenza of subtype H5N1 in the Community and in third countries, and in view of the guarantees received from Croatia, it is appropriate that in the event of a positive finding of that disease in a wild bird in the territory of Croatia, Community protection measures concerning that country are only applied to those parts of Croatia for which the competent authority of that country does apply equivalent protection measures as laid down in Decision 2006/563/EC.
(10) In view of the guarantees received from Switzerland, it is appropriate that in the event of a positive finding of avian influenza of subtype H5N1 in a wild bird or an outbreak of that disease in poultry in the territory of Switzerland, protection measures concerning that country are only applied to those parts of Switzerland for which the competent authority of that country does apply equivalent protection measures as laid down in Decisions 2006/415/EC and 2006/563/EC.
(11) Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries(11)lays down the list of third countries from which Member States may authorise the importation of meat products and treated stomachs, bladders and intestines, and establishes treatment regimes considered effective in inactivating the respective pathogens. In order to prevent the risk of disease transmission via such products, appropriate treatment must be applied depending on the health status of the country of origin and the species the products are obtained from. It is therefore appropriate that a derogation from the provision suspending imports of meat products of wild feathered game originating in Croatia and Switzerland should be granted, provided the products have been treated to a temperature of at least 70 °C throughout the products.
(12) Decision 2008/555/EC is applicable until 30 June 2009. In the light of the ongoing epidemiological situation it is appropriate to extend the measures it provided for until 31 December 2010.
(13) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
1. Member States shall suspend imports or the introduction into the Community from that part of the territory of Croatia referred to in paragraph 2(a) and from that part of the territory of Switzerland referred to in paragraph 2(b) of the following commodities:
(a)
poultry as defined in Article 2(1) of Regulation (EC) No 798/2008;
(b)
hatching eggs as defined in Article 2(2) of Regulation (EC) No 798/2008;
(c)
birds as defined in Article 3(a) of Regulation (EC) No 318/2007 and their hatching eggs;
(d)
meat, minced meat, meat preparations, mechanically separated meat of wild feathered game;
(e)
meat products consisting of or containing meat of wild feathered game;
(f)
raw pet food and unprocessed feed material containing any parts of wild feathered game;
(g)
non-treated game trophies from any birds.
2. The suspension provided for in paragraph 1 shall apply to imports or the introduction into the Community from:
(a)
as regards Croatia, all areas of the territory of Croatia for which the competent authorities of Croatia do formally apply protection measures that are equivalent to those laid down in Decision 2006/563/EC;
(b)
as regards Switzerland, all areas of the territory of Switzerland for which the competent authorities of Switzerland do formally apply protection measures that are equivalent to those laid down in Decisions 2006/415/EC and 2006/563/EC.
3. By way of derogation from paragraph 1(e), Member States shall authorise imports and the introduction into the Community of meat products consisting of or containing meat of wild feathered game under the condition that the meat of these species has undergone at least one of the specific treatments referred to under points B, C or D in Part 4 of Annex II to Decision 2007/777/EC.
Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.
This Decision shall apply from 1 July 2009 until 31 December 2010.
This Decision is addressed to the Member States.

Pending: 32009D0442

January 16, 2026
11.6.2009 EN Official Journal of the European Union L 148/18
(1) Directive 2007/2/EC requires Member States to monitor the implementation and use of their infrastructures for spatial information and to report on the implementation of that Directive.
(2) In order to ensure a coherent approach to such monitoring and reporting, Member States should establish a list of the spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, grouped by theme and Annex, and of the network services referred to in Article 11(1) of Directive 2007/2/EC, grouped by service type, and should communicate that list to the Commission.
(3) Monitoring should be based on a set of indicators calculated on the basis of the data collected from the appropriate stakeholders at the various levels of public authority.
(4) The data collected for calculating the monitoring indicators should be provided to the Commission.
(5) The results of monitoring and reporting should be provided to the Commission and made publicly available.
(6) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 22 of Directive 2007/2/EC,
(a) a general indicator (MDi1) which measures the existence of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(b) the following specific indicators:(i)MDi1,1 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;(ii)MDi1,2 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;(iii)MDi1,3 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC;(iv)MDi1,4 which measures the existence of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC. (i) MDi1,1 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC; (ii) MDi1,2 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC; (iii) MDi1,3 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC; (iv) MDi1,4 which measures the existence of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC.
(i) MDi1,1 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;
(ii) MDi1,2 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;
(iii) MDi1,3 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC;
(iv) MDi1,4 which measures the existence of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC.
(i) MDi1,1 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;
(ii) MDi1,2 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;
(iii) MDi1,3 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC;
(iv) MDi1,4 which measures the existence of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC.
(a) value 1 where metadata exist;
(b) value 0 where no metadata exist.
(a) the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,1);
(b) the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,2);
(c) the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,3);
(d) the number of spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data services corresponding to the themes listed in those Annexes (MDi1,4).
(a) a general indicator (MDi2) which measures the conformity of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(b) the following specific indicators:(i)MDi2,1 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;(ii)MDi2,2 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;(iii)MDi2,3 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;(iv)MDi2,4 which measures the conformity of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive. (i) MDi2,1 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive; (ii) MDi2,2 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive; (iii) MDi2,3 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive; (iv) MDi2,4 which measures the conformity of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive.
(i) MDi2,1 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(ii) MDi2,2 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(iii) MDi2,3 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(iv) MDi2,4 which measures the conformity of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive.
(i) MDi2,1 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(ii) MDi2,2 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(iii) MDi2,3 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(iv) MDi2,4 which measures the conformity of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive.
(a) value 1 where the corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC;
(b) value 0 where the corresponding metadata are not in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC.
(a) the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,1);
(b) the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,2);
(c) the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,3);
(d) the number of spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data services (MDi2,4).
(a) a general indicator (DSi1) which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(b) the following specific indicators:(i)DSi1,1 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;(ii)DSi1,2 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;(iii)DSi1,3 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC. (i) DSi1,1 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC; (ii) DSi1,2 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC; (iii) DSi1,3 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC.
(i) DSi1,1 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;
(ii) DSi1,2 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;
(iii) DSi1,3 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC.
(i) DSi1,1 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;
(ii) DSi1,2 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;
(iii) DSi1,3 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC.
(a) the area which is to be covered by a given spatial data set (hereinafter relevant area), expressed in km2;
(b) the area which is covered by a given spatial data set (hereinafter actual area), expressed in km2.
(a) the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,1);
(b) the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,2);
(c) the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,3).
(a) a general indicator (DSi2) which measures the conformity of the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(b) the following specific indicators:(i)DSi2,1 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;(ii)DSi2,2 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;(iii)DSi2,3 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive. (i) DSi2,1 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive; (ii) DSi2,2 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive; (iii) DSi2,3 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
(i) DSi2,1 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(ii) DSi2,2 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(iii) DSi2,3 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
(i) DSi2,1 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(ii) DSi2,2 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(iii) DSi2,3 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
(a) value 1 in the case of conformity of the spatial data set with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC and of its corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(b) value 0 in the case of non conformity of the spatial data set with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC or of its corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
(a) the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,1);
(b) the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,2);
(c) the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,3).
(a) a general indicator (NSi1), which measures the extent to which it is possible to search for spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;
(b) the following specific indicators:(i)NSi1,1, which measures the extent to which it is possible to search for spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;(ii)NSi1,2, which measures the extent to which it is possible to search for spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services. (i) NSi1,1, which measures the extent to which it is possible to search for spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services; (ii) NSi1,2, which measures the extent to which it is possible to search for spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services.
(i) NSi1,1, which measures the extent to which it is possible to search for spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;
(ii) NSi1,2, which measures the extent to which it is possible to search for spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services.
(i) NSi1,1, which measures the extent to which it is possible to search for spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;
(ii) NSi1,2, which measures the extent to which it is possible to search for spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services.
(a) value 1 where a discovery service exists;
(b) value 0 where no discovery service exists.
(a) the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi1,1);
(b) the number of spatial data services corresponding to themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, divided by the total number of spatial data services corresponding to themes listed in those Annexes (NSi1,2).
(a) a general indicator (NSi2), which measures the extent to which it is possible to view and download spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view and download services;
(b) the following specific indicators:(i)NSi2,1, which measures the accessibility of spatial data sets, corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view services;(ii)NSi2,2, which measures the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through download services. (i) NSi2,1, which measures the accessibility of spatial data sets, corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view services; (ii) NSi2,2, which measures the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through download services.
(i) NSi2,1, which measures the accessibility of spatial data sets, corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view services;
(ii) NSi2,2, which measures the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through download services.
(i) NSi2,1, which measures the accessibility of spatial data sets, corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view services;
(ii) NSi2,2, which measures the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through download services.
(a) value 1 where a view service exists and value 0 where such a service does not exist;
(b) value 1 where a download service exists and value 0 where such a service does not exist;
(c) value 1 where both a view service and a download service exist and value 0 where at least one of them does not exist.
(a) the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a view service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2,1);
(b) the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a download service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2,2).
(a) a general indicator (NSi3), which measures the use of all network services;
(b) the following specific indicators:(i)NSi3,1, which measures the use of discovery services;(ii)NSi3,2, which measures the use of view services;(iii)NSi3,3, which measures the use of download services;(iv)NSi3,4, which measures the use of transformation services;(v)NSi3,5, which measures the use of invoke services. (i) NSi3,1, which measures the use of discovery services; (ii) NSi3,2, which measures the use of view services; (iii) NSi3,3, which measures the use of download services; (iv) NSi3,4, which measures the use of transformation services; (v) NSi3,5, which measures the use of invoke services.
(i) NSi3,1, which measures the use of discovery services;
(ii) NSi3,2, which measures the use of view services;
(iii) NSi3,3, which measures the use of download services;
(iv) NSi3,4, which measures the use of transformation services;
(v) NSi3,5, which measures the use of invoke services.
(i) NSi3,1, which measures the use of discovery services;
(ii) NSi3,2, which measures the use of view services;
(iii) NSi3,3, which measures the use of download services;
(iv) NSi3,4, which measures the use of transformation services;
(v) NSi3,5, which measures the use of invoke services.
(a) the annual number of service requests for all discovery services, divided by the number of discovery services (NSi3,1);
(b) the annual number of service requests for all view services, divided by the number of view services (NSi3,2);
(c) the annual number of service requests for all download services, divided by the number of download services (NSi3,3);
(d) the annual number of service requests for all transformation services, divided by the number of transformation services (NSi3,4);
(e) the annual number of service requests for all invoke services, divided by the number of invoke services (NSi3,5).
(a) a general indicator (NSi4), which measures the conformity of all network services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(b) the following specific indicators:(i)NSi4,1, which measures the conformity of discovery services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;(ii)NSi4,2, which measures the conformity of view services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;(iii)NSi4,3, which measures the conformity of download services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;(iv)NSi4,4, which measures the conformity of transformation services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;(v)NSi4,5, which measures the conformity of invoke services with the implementing rules referred to in Article 16 of Directive 2007/2/EC. (i) NSi4,1, which measures the conformity of discovery services with the implementing rules referred to in Article 16 of Directive 2007/2/EC; (ii) NSi4,2, which measures the conformity of view services with the implementing rules referred to in Article 16 of Directive 2007/2/EC; (iii) NSi4,3, which measures the conformity of download services with the implementing rules referred to in Article 16 of Directive 2007/2/EC; (iv) NSi4,4, which measures the conformity of transformation services with the implementing rules referred to in Article 16 of Directive 2007/2/EC; (v) NSi4,5, which measures the conformity of invoke services with the implementing rules referred to in Article 16 of Directive 2007/2/EC.
(i) NSi4,1, which measures the conformity of discovery services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(ii) NSi4,2, which measures the conformity of view services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(iii) NSi4,3, which measures the conformity of download services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(iv) NSi4,4, which measures the conformity of transformation services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(v) NSi4,5, which measures the conformity of invoke services with the implementing rules referred to in Article 16 of Directive 2007/2/EC.
(i) NSi4,1, which measures the conformity of discovery services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(ii) NSi4,2, which measures the conformity of view services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(iii) NSi4,3, which measures the conformity of download services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(iv) NSi4,4, which measures the conformity of transformation services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(v) NSi4,5, which measures the conformity of invoke services with the implementing rules referred to in Article 16 of Directive 2007/2/EC.
(a) value 1 where the network service is in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(b) value 0 where the network service is not in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC.
(a) the number of discovery services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of discovery services (NSi4,1);
(b) the number of view services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of view services (NSi4,2);
(c) the number of download services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of download services (NSi4,3);
(d) the number of transformation services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of transformation services (NSi4,4);
(e) the number of invoke services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of invoke services (NSi4,5).
(a) the values of all general and specific indicators, expressed in percentage;
(b) the numerators and denominators of all general and specific indicators;
(c) the data collected under Articles 3(2), 4(2), 5(2), 6(2), 7(2), 8(2), 9(2) and 10(2).
(a) the name, contact information, role and responsibilities of the Member State contact point;
(b) the name, contact information, role and responsibilities, organisation chart of the coordinating structure supporting the contact point of the Member State;
(c) a description of the relationship with third parties;
(d) an overview of the working practices and procedures of the coordinating body;
(e) comments on the monitoring and reporting process.
(a) a description of quality assurance procedures, including the maintenance of the infrastructure for spatial information;
(b) an analysis of quality assurance problems related to the development of the infrastructure for spatial information, taking into account the general and specific indicators;
(c) a description of the measures taken to improve the quality assurance of the infrastructure;
(d) where a certification mechanism has been established, a description of that mechanism.
(a) an overview of the various stakeholders contributing to the implementation of the infrastructure for spatial information according to the following typology: users, data producers, service providers, coordinating bodies;
(b) a description of the role of the various stakeholders in the development and maintenance of the infrastructure for spatial information, including their role in the coordination of tasks, in the provision of data and metadata, and in the management, development and hosting of services;
(c) a general description of the main measures taken to facilitate the sharing of spatial data sets and services between public authorities and a description of how sharing has improved as a result;
(d) a description of how stakeholders cooperate;
(e) a description of the access to the services through the Inspire geo-portal, as referred to in Article 15(2) of Directive 2007/2/EC.
(a) the use of the spatial data services of the infrastructure for spatial information, taking into account the general and specific indicators;
(b) the use of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC by public authorities, with particular attention to good examples in the field of environmental policy;
(c) if available, evidence showing the use of the infrastructure for spatial information by the general public;
(d) examples of cross-border use and efforts made to improve cross-border consistency of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(e) how transformation services are used to achieve data interoperability.
(a) an overview of data sharing arrangements that have been, or are being, created between public authorities;
(b) an overview of data sharing arrangements that have been, or are being, created between public authorities and Community institutions and bodies, including examples of data sharing arrangements for a particular spatial data set;
(c) a list of barriers to the sharing of spatial data sets and services between public authorities and between public authorities and the Community institutions and bodies, as well as a description of the actions which are taken to overcome those barriers.
(a) an estimate of the costs resulting from the implementation of Directive 2007/2/EC;
(b) examples of the benefits observed, including examples of the positive effects on policy preparation, implementation, evaluation, examples of improved services to the citizen as well as examples of cross-border cooperation.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)(1), and in particular Article 21(4) thereof,
(1) Directive 2007/2/EC requires Member States to monitor the implementation and use of their infrastructures for spatial information and to report on the implementation of that Directive.
(2) In order to ensure a coherent approach to such monitoring and reporting, Member States should establish a list of the spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, grouped by theme and Annex, and of the network services referred to in Article 11(1) of Directive 2007/2/EC, grouped by service type, and should communicate that list to the Commission.
(3) Monitoring should be based on a set of indicators calculated on the basis of the data collected from the appropriate stakeholders at the various levels of public authority.
(4) The data collected for calculating the monitoring indicators should be provided to the Commission.
(5) The results of monitoring and reporting should be provided to the Commission and made publicly available.
(6) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 22 of Directive 2007/2/EC,
HAS ADOPTED THIS DECISION:

Subject matter
Article 1
This Decision lays down detailed rules on monitoring by Member States of the implementation and use of their infrastructures for spatial information and on reporting on the implementation of Directive 2007/2/EC.

Common provisions for monitoring and reporting
Article 2
1. Member States shall establish a list of the spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, grouped by theme and Annex, and of the network services referred to in Article 11(1) of that Directive, grouped by service type.
They shall communicate that list to the Commission and update it annually.
2. Member States shall rely on the coordination structure referred to in Article 19(2) of Directive 2007/2/EC to collect data for monitoring and reporting.
3. Contact points of Member States shall provide the results of monitoring referred to in Article 21(1) of Directive 2007/2/EC and the report referred to in Article 21(2) and (3) of that Directive to the Commission.
4. All results of monitoring and reporting shall be made available to the public via the Internet or any other appropriate means of telecommunication.

Monitoring of the existence of metadata
Article 3
1. The following indicators shall be used to measure the existence of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC:
(a)
a general indicator (MDi1) which measures the existence of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(b)
the following specific indicators:
(i)
MDi1,1 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;
(ii)
MDi1,2 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;
(iii)
MDi1,3 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC;
(iv)
MDi1,4 which measures the existence of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC.
2. Member States shall determine, for each spatial data set and service mentioned on the list referred to in Article 2(1), whether metadata exist and shall attribute to the spatial data set or service the following values:
(a)
value 1 where metadata exist;
(b)
value 0 where no metadata exist.
3. Member States shall calculate the general indicator MDi1 by dividing the number of spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata exist, by the total number of spatial data sets and services corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,2);
(c)
the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,3);
(d)
the number of spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data services corresponding to the themes listed in those Annexes (MDi1,4).

Monitoring of the conformity of metadata
Article 4
1. The following indicators shall be used to measure the conformity of metadata for spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive:
(a)
a general indicator (MDi2) which measures the conformity of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(b)
the following specific indicators:
(i)
MDi2,1 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(ii)
MDi2,2 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(iii)
MDi2,3 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(iv)
MDi2,4 which measures the conformity of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive.
2. Member States shall determine, for each spatial data set and service mentioned on the list referred to in Article 2(1) of this Decision, whether the corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC and shall attribute to the data set or service the following values:
(a)
value 1 where the corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC;
(b)
value 0 where the corresponding metadata are not in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC.
3. Member States shall calculate the general indicator MDi2 by dividing the number of spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, by the total number of spatial data sets and services corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,2);
(c)
the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,3);
(d)
the number of spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data services (MDi2,4).

Monitoring of the geographical coverage of spatial data sets
Article 5
1. The following indicators shall be used to measure the geographical coverage of the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC:
(a)
a general indicator (DSi1) which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(b)
the following specific indicators:
(i)
DSi1,1 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;
(ii)
DSi1,2 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;
(iii)
DSi1,3 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC.
2. Member States shall determine, for the spatial data sets mentioned on the list referred to in Article 2(1):
(a)
the area which is to be covered by a given spatial data set (hereinafter relevant area), expressed in km2;
(b)
the area which is covered by a given spatial data set (hereinafter actual area), expressed in km2.
3. Member States shall calculate the general indicator DSi1 by dividing the sum of the actual areas covered by all spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, by the sum of the relevant areas for all spatial data sets corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,1);
(b)
the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,2);
(c)
the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,3).

Monitoring of the conformity of spatial data sets
Article 6
1. The following indicators shall be used to measure the conformity of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
(a)
a general indicator (DSi2) which measures the conformity of the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(b)
the following specific indicators:
(i)
DSi2,1 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(ii)
DSi2,2 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(iii)
DSi2,3 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
2. Member States shall determine whether each spatial data set mentioned on the list referred to in Article 2(1) of this Decision is in conformity with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC and whether its corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive and shall attribute to the data set the following values:
(a)
value 1 in the case of conformity of the spatial data set with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC and of its corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(b)
value 0 in the case of non conformity of the spatial data set with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC or of its corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
3. Member States shall calculate the general indicator DSi2 by dividing the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, by the total number of spatial data sets corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,2);
(c)
the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,3).

Monitoring of the accessibility of metadata through discovery services
Article 7
1. The following indicators shall be used to measure the accessibility of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through the discovery services referred to in Article 11(1)(a) of that Directive:
(a)
a general indicator (NSi1), which measures the extent to which it is possible to search for spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;
(b)
the following specific indicators:
(i)
NSi1,1, which measures the extent to which it is possible to search for spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;
(ii)
NSi1,2, which measures the extent to which it is possible to search for spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services.
2. Member States shall determine, for each spatial data set and spatial data service mentioned on the list referred to in Article 2(1), whether a discovery service exists and shall attribute to the data set or service the following values:
(a)
value 1 where a discovery service exists;
(b)
value 0 where no discovery service exists.
3. Member States shall calculate the general indicator NSi1 by dividing the number of spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, by the total number of spatial data sets and spatial data services corresponding to themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi1,1);
(b)
the number of spatial data services corresponding to themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, divided by the total number of spatial data services corresponding to themes listed in those Annexes (NSi1,2).

Monitoring of the accessibility of spatial data sets through view and download services
Article 8
1. The following indicators shall be used to measure the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through the view and download services referred to in points (b) and (c) of Articles 11(1) of that Directive:
(a)
a general indicator (NSi2), which measures the extent to which it is possible to view and download spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view and download services;
(b)
the following specific indicators:
(i)
NSi2,1, which measures the accessibility of spatial data sets, corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view services;
(ii)
NSi2,2, which measures the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through download services.
2. Member States shall determine, for each spatial data set mentioned on the list referred to in Article 2(1), whether a view service or a download service, or both, exist and shall attribute to the data set the following values:
(a)
value 1 where a view service exists and value 0 where such a service does not exist;
(b)
value 1 where a download service exists and value 0 where such a service does not exist;
(c)
value 1 where both a view service and a download service exist and value 0 where at least one of them does not exist.
3. Member States shall calculate the general indicator NSi2 by dividing the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which both view and download services exist, by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2).
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a view service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a download service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2,2).

Monitoring of the use of network services
Article 9
1. The following indicators shall be used to monitor the use of the network services referred to in Article 11(1) of Directive 2007/2/EC:
(a)
a general indicator (NSi3), which measures the use of all network services;
(b)
the following specific indicators:
(i)
NSi3,1, which measures the use of discovery services;
(ii)
NSi3,2, which measures the use of view services;
(iii)
NSi3,3, which measures the use of download services;
(iv)
NSi3,4, which measures the use of transformation services;
(v)
NSi3,5, which measures the use of invoke services.
2. Member States shall determine the annual number of service requests for each network service mentioned on the list referred to in Article 2(1).
3. Member States shall calculate the general indicator NSi3 by dividing the sum of the annual number of service requests for all network services, by the number of network services.
4. Member States shall calculate the specific indicators as follows:
(a)
the annual number of service requests for all discovery services, divided by the number of discovery services (NSi3,1);
(b)
the annual number of service requests for all view services, divided by the number of view services (NSi3,2);
(c)
the annual number of service requests for all download services, divided by the number of download services (NSi3,3);
(d)
the annual number of service requests for all transformation services, divided by the number of transformation services (NSi3,4);
(e)
the annual number of service requests for all invoke services, divided by the number of invoke services (NSi3,5).

Monitoring of the conformity of network services
Article 10
1. The following indicators shall be used to measure the conformity of the network services referred to in Article 11(1) of Directive 2007/2/EC with the implementing rules referred to in Article 16 of that Directive:
(a)
a general indicator (NSi4), which measures the conformity of all network services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(b)
the following specific indicators:
(i)
NSi4,1, which measures the conformity of discovery services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(ii)
NSi4,2, which measures the conformity of view services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(iii)
NSi4,3, which measures the conformity of download services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(iv)
NSi4,4, which measures the conformity of transformation services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(v)
NSi4,5, which measures the conformity of invoke services with the implementing rules referred to in Article 16 of Directive 2007/2/EC.
2. Member States shall determine, for each network service mentioned on the list referred to in Article 2(1) of this Decision, whether it is in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC and shall attribute to the network service the following values:
(a)
value 1 where the network service is in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(b)
value 0 where the network service is not in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC.
3. Member States shall calculate the general indicator NSi4 by dividing the number of network services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, by the total number of network services.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of discovery services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of discovery services (NSi4,1);
(b)
the number of view services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of view services (NSi4,2);
(c)
the number of download services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of download services (NSi4,3);
(d)
the number of transformation services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of transformation services (NSi4,4);
(e)
the number of invoke services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of invoke services (NSi4,5).

Information to be provided
Article 11
1. Member States shall provide the Commission with the following information:
(a)
the values of all general and specific indicators, expressed in percentage;
(b)
the numerators and denominators of all general and specific indicators;
(c)
the data collected under Articles 3(2), 4(2), 5(2), 6(2), 7(2), 8(2), 9(2) and 10(2).
2. The results of monitoring referred to in Article 21(1) of Directive 2007/2/EC shall relate to monitoring conducted during a calendar year, and shall be published by 15 May of the following year. Thereafter the results shall be updated at least every year.
The results relating to monitoring conducted in 2009 shall cover the period starting from the date referred to in Article 18 until the end of that year.

Coordination and quality assurance
Article 12
1. With respect to coordination, the summary description referred to in Article 21(2)(a) of Directive 2007/2/EC shall contain the following:
(a)
the name, contact information, role and responsibilities of the Member State contact point;
(b)
the name, contact information, role and responsibilities, organisation chart of the coordinating structure supporting the contact point of the Member State;
(c)
a description of the relationship with third parties;
(d)
an overview of the working practices and procedures of the coordinating body;
(e)
comments on the monitoring and reporting process.
2. With respect to the organisation of quality assurance, the summary description referred to in Article 21(2)(a) of Directive 2007/2/EC shall contain the following:
(a)
a description of quality assurance procedures, including the maintenance of the infrastructure for spatial information;
(b)
an analysis of quality assurance problems related to the development of the infrastructure for spatial information, taking into account the general and specific indicators;
(c)
a description of the measures taken to improve the quality assurance of the infrastructure;
(d)
where a certification mechanism has been established, a description of that mechanism.

Contribution to the functioning and coordination of the infrastructure
Article 13
The summary description referred to in Article 21(2)(b) of Directive 2007/2/EC shall contain the following:
(a)
an overview of the various stakeholders contributing to the implementation of the infrastructure for spatial information according to the following typology: users, data producers, service providers, coordinating bodies;
(b)
a description of the role of the various stakeholders in the development and maintenance of the infrastructure for spatial information, including their role in the coordination of tasks, in the provision of data and metadata, and in the management, development and hosting of services;
(c)
a general description of the main measures taken to facilitate the sharing of spatial data sets and services between public authorities and a description of how sharing has improved as a result;
(d)
a description of how stakeholders cooperate;
(e)
a description of the access to the services through the Inspire geo-portal, as referred to in Article 15(2) of Directive 2007/2/EC.

Use of the infrastructure for spatial information
Article 14
The information on the use of the infrastructure for spatial information referred to in Article 21(2)(c) of Directive 2007/2/EC shall cover the following:
(a)
the use of the spatial data services of the infrastructure for spatial information, taking into account the general and specific indicators;
(b)
the use of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC by public authorities, with particular attention to good examples in the field of environmental policy;
(c)
if available, evidence showing the use of the infrastructure for spatial information by the general public;
(d)
examples of cross-border use and efforts made to improve cross-border consistency of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(e)
how transformation services are used to achieve data interoperability.

Data sharing arrangements
Article 15
The summary description referred to in Article 21(2)(d) of Directive 2007/2/EC shall contain the following:
(a)
an overview of data sharing arrangements that have been, or are being, created between public authorities;
(b)
an overview of data sharing arrangements that have been, or are being, created between public authorities and Community institutions and bodies, including examples of data sharing arrangements for a particular spatial data set;
(c)
a list of barriers to the sharing of spatial data sets and services between public authorities and between public authorities and the Community institutions and bodies, as well as a description of the actions which are taken to overcome those barriers.

Cost and benefit aspects
Article 16
The summary description referred to in Article 21(2)(e) of Directive 2007/2/EC shall contain the following:
(a)
an estimate of the costs resulting from the implementation of Directive 2007/2/EC;
(b)
examples of the benefits observed, including examples of the positive effects on policy preparation, implementation, evaluation, examples of improved services to the citizen as well as examples of cross-border cooperation.

Updating reports
Article 17
The report referred to in Article 21(3) of Directive 2007/2/EC shall cover the three calendar years preceding the year of the report.

Application
Article 18
This Decision shall apply from 5 June 2009.

Addressees
Article 19
This Decision is addressed to Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)(1), and in particular Article 21(4) thereof,
(1) Directive 2007/2/EC requires Member States to monitor the implementation and use of their infrastructures for spatial information and to report on the implementation of that Directive.
(2) In order to ensure a coherent approach to such monitoring and reporting, Member States should establish a list of the spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, grouped by theme and Annex, and of the network services referred to in Article 11(1) of Directive 2007/2/EC, grouped by service type, and should communicate that list to the Commission.
(3) Monitoring should be based on a set of indicators calculated on the basis of the data collected from the appropriate stakeholders at the various levels of public authority.
(4) The data collected for calculating the monitoring indicators should be provided to the Commission.
(5) The results of monitoring and reporting should be provided to the Commission and made publicly available.
(6) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 22 of Directive 2007/2/EC,
HAS ADOPTED THIS DECISION:

Subject matter

This Decision lays down detailed rules on monitoring by Member States of the implementation and use of their infrastructures for spatial information and on reporting on the implementation of Directive 2007/2/EC.

Common provisions for monitoring and reporting

1. Member States shall establish a list of the spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, grouped by theme and Annex, and of the network services referred to in Article 11(1) of that Directive, grouped by service type.
They shall communicate that list to the Commission and update it annually.
2. Member States shall rely on the coordination structure referred to in Article 19(2) of Directive 2007/2/EC to collect data for monitoring and reporting.
3. Contact points of Member States shall provide the results of monitoring referred to in Article 21(1) of Directive 2007/2/EC and the report referred to in Article 21(2) and (3) of that Directive to the Commission.
4. All results of monitoring and reporting shall be made available to the public via the Internet or any other appropriate means of telecommunication.

Monitoring of the existence of metadata

1. The following indicators shall be used to measure the existence of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC:
(a)
a general indicator (MDi1) which measures the existence of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(b)
the following specific indicators:
(i)
MDi1,1 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;
(ii)
MDi1,2 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;
(iii)
MDi1,3 which measures the existence of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC;
(iv)
MDi1,4 which measures the existence of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC.
2. Member States shall determine, for each spatial data set and service mentioned on the list referred to in Article 2(1), whether metadata exist and shall attribute to the spatial data set or service the following values:
(a)
value 1 where metadata exist;
(b)
value 0 where no metadata exist.
3. Member States shall calculate the general indicator MDi1 by dividing the number of spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata exist, by the total number of spatial data sets and services corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,2);
(c)
the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi1,3);
(d)
the number of spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata exist, divided by the total number of spatial data services corresponding to the themes listed in those Annexes (MDi1,4).

Monitoring of the conformity of metadata

1. The following indicators shall be used to measure the conformity of metadata for spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive:
(a)
a general indicator (MDi2) which measures the conformity of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(b)
the following specific indicators:
(i)
MDi2,1 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(ii)
MDi2,2 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(iii)
MDi2,3 which measures the conformity of metadata for the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive;
(iv)
MDi2,4 which measures the conformity of metadata for the spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 5(4) of that Directive.
2. Member States shall determine, for each spatial data set and service mentioned on the list referred to in Article 2(1) of this Decision, whether the corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC and shall attribute to the data set or service the following values:
(a)
value 1 where the corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC;
(b)
value 0 where the corresponding metadata are not in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC.
3. Member States shall calculate the general indicator MDi2 by dividing the number of spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, by the total number of spatial data sets and services corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,2);
(c)
the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (MDi2,3);
(d)
the number of spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which metadata are in conformity with the implementing rules referred to in Article 5(4) of Directive 2007/2/EC, divided by the total number of spatial data services (MDi2,4).

Monitoring of the geographical coverage of spatial data sets

1. The following indicators shall be used to measure the geographical coverage of the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC:
(a)
a general indicator (DSi1) which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(b)
the following specific indicators:
(i)
DSi1,1 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC;
(ii)
DSi1,2 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC;
(iii)
DSi1,3 which measures the extent of the Member States territory covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC.
2. Member States shall determine, for the spatial data sets mentioned on the list referred to in Article 2(1):
(a)
the area which is to be covered by a given spatial data set (hereinafter relevant area), expressed in km2;
(b)
the area which is covered by a given spatial data set (hereinafter actual area), expressed in km2.
3. Member States shall calculate the general indicator DSi1 by dividing the sum of the actual areas covered by all spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC, by the sum of the relevant areas for all spatial data sets corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,1);
(b)
the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,2);
(c)
the sum of the actual areas covered by the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC, divided by the sum of the relevant areas for the spatial data sets corresponding to the themes listed in that Annex (DSi1,3).

Monitoring of the conformity of spatial data sets

1. The following indicators shall be used to measure the conformity of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
(a)
a general indicator (DSi2) which measures the conformity of the spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(b)
the following specific indicators:
(i)
DSi2,1 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(ii)
DSi2,2 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(iii)
DSi2,3 which measures the conformity of the spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC with the implementing rules referred to in Article 7(1) of that Directive and the conformity of their corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
2. Member States shall determine whether each spatial data set mentioned on the list referred to in Article 2(1) of this Decision is in conformity with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC and whether its corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive and shall attribute to the data set the following values:
(a)
value 1 in the case of conformity of the spatial data set with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC and of its corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive;
(b)
value 0 in the case of non conformity of the spatial data set with the implementing rules referred to in Article 7(1) of Directive 2007/2/EC or of its corresponding metadata with the implementing rules referred to in Article 5(4) of that Directive.
3. Member States shall calculate the general indicator DSi2 by dividing the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, by the total number of spatial data sets corresponding to the themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annex I to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annex II to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,2);
(c)
the number of spatial data sets corresponding to the themes listed in Annex III to Directive 2007/2/EC which are in conformity with the implementing rules referred to in Article 7(1) of that Directive and whose corresponding metadata are in conformity with the implementing rules referred to in Article 5(4) of that Directive, divided by the total number of spatial data sets corresponding to the themes listed in that Annex (DSi2,3).

Monitoring of the accessibility of metadata through discovery services

1. The following indicators shall be used to measure the accessibility of metadata for the spatial data sets and services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through the discovery services referred to in Article 11(1)(a) of that Directive:
(a)
a general indicator (NSi1), which measures the extent to which it is possible to search for spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;
(b)
the following specific indicators:
(i)
NSi1,1, which measures the extent to which it is possible to search for spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services;
(ii)
NSi1,2, which measures the extent to which it is possible to search for spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC on the basis of their corresponding metadata through discovery services.
2. Member States shall determine, for each spatial data set and spatial data service mentioned on the list referred to in Article 2(1), whether a discovery service exists and shall attribute to the data set or service the following values:
(a)
value 1 where a discovery service exists;
(b)
value 0 where no discovery service exists.
3. Member States shall calculate the general indicator NSi1 by dividing the number of spatial data sets and spatial data services corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, by the total number of spatial data sets and spatial data services corresponding to themes listed in those Annexes.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi1,1);
(b)
the number of spatial data services corresponding to themes listed in Annexes I, II and III to Directive 2007/2/EC for which a discovery service exists, divided by the total number of spatial data services corresponding to themes listed in those Annexes (NSi1,2).

Monitoring of the accessibility of spatial data sets through view and download services

1. The following indicators shall be used to measure the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through the view and download services referred to in points (b) and (c) of Articles 11(1) of that Directive:
(a)
a general indicator (NSi2), which measures the extent to which it is possible to view and download spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view and download services;
(b)
the following specific indicators:
(i)
NSi2,1, which measures the accessibility of spatial data sets, corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through view services;
(ii)
NSi2,2, which measures the accessibility of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC through download services.
2. Member States shall determine, for each spatial data set mentioned on the list referred to in Article 2(1), whether a view service or a download service, or both, exist and shall attribute to the data set the following values:
(a)
value 1 where a view service exists and value 0 where such a service does not exist;
(b)
value 1 where a download service exists and value 0 where such a service does not exist;
(c)
value 1 where both a view service and a download service exist and value 0 where at least one of them does not exist.
3. Member States shall calculate the general indicator NSi2 by dividing the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which both view and download services exist, by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2).
4. Member States shall calculate the specific indicators as follows:
(a)
the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a view service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2,1);
(b)
the number of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC for which a download service exists, divided by the total number of spatial data sets corresponding to themes listed in those Annexes (NSi2,2).

Monitoring of the use of network services

1. The following indicators shall be used to monitor the use of the network services referred to in Article 11(1) of Directive 2007/2/EC:
(a)
a general indicator (NSi3), which measures the use of all network services;
(b)
the following specific indicators:
(i)
NSi3,1, which measures the use of discovery services;
(ii)
NSi3,2, which measures the use of view services;
(iii)
NSi3,3, which measures the use of download services;
(iv)
NSi3,4, which measures the use of transformation services;
(v)
NSi3,5, which measures the use of invoke services.
2. Member States shall determine the annual number of service requests for each network service mentioned on the list referred to in Article 2(1).
3. Member States shall calculate the general indicator NSi3 by dividing the sum of the annual number of service requests for all network services, by the number of network services.
4. Member States shall calculate the specific indicators as follows:
(a)
the annual number of service requests for all discovery services, divided by the number of discovery services (NSi3,1);
(b)
the annual number of service requests for all view services, divided by the number of view services (NSi3,2);
(c)
the annual number of service requests for all download services, divided by the number of download services (NSi3,3);
(d)
the annual number of service requests for all transformation services, divided by the number of transformation services (NSi3,4);
(e)
the annual number of service requests for all invoke services, divided by the number of invoke services (NSi3,5).

Monitoring of the conformity of network services

1. The following indicators shall be used to measure the conformity of the network services referred to in Article 11(1) of Directive 2007/2/EC with the implementing rules referred to in Article 16 of that Directive:
(a)
a general indicator (NSi4), which measures the conformity of all network services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(b)
the following specific indicators:
(i)
NSi4,1, which measures the conformity of discovery services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(ii)
NSi4,2, which measures the conformity of view services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(iii)
NSi4,3, which measures the conformity of download services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(iv)
NSi4,4, which measures the conformity of transformation services with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(v)
NSi4,5, which measures the conformity of invoke services with the implementing rules referred to in Article 16 of Directive 2007/2/EC.
2. Member States shall determine, for each network service mentioned on the list referred to in Article 2(1) of this Decision, whether it is in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC and shall attribute to the network service the following values:
(a)
value 1 where the network service is in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC;
(b)
value 0 where the network service is not in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC.
3. Member States shall calculate the general indicator NSi4 by dividing the number of network services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, by the total number of network services.
4. Member States shall calculate the specific indicators as follows:
(a)
the number of discovery services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of discovery services (NSi4,1);
(b)
the number of view services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of view services (NSi4,2);
(c)
the number of download services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of download services (NSi4,3);
(d)
the number of transformation services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of transformation services (NSi4,4);
(e)
the number of invoke services which are in conformity with the implementing rules referred to in Article 16 of Directive 2007/2/EC, divided by the total number of invoke services (NSi4,5).

Information to be provided

1. Member States shall provide the Commission with the following information:
(a)
the values of all general and specific indicators, expressed in percentage;
(b)
the numerators and denominators of all general and specific indicators;
(c)
the data collected under Articles 3(2), 4(2), 5(2), 6(2), 7(2), 8(2), 9(2) and 10(2).
2. The results of monitoring referred to in Article 21(1) of Directive 2007/2/EC shall relate to monitoring conducted during a calendar year, and shall be published by 15 May of the following year. Thereafter the results shall be updated at least every year.
The results relating to monitoring conducted in 2009 shall cover the period starting from the date referred to in Article 18 until the end of that year.

Coordination and quality assurance

1. With respect to coordination, the summary description referred to in Article 21(2)(a) of Directive 2007/2/EC shall contain the following:
(a)
the name, contact information, role and responsibilities of the Member State contact point;
(b)
the name, contact information, role and responsibilities, organisation chart of the coordinating structure supporting the contact point of the Member State;
(c)
a description of the relationship with third parties;
(d)
an overview of the working practices and procedures of the coordinating body;
(e)
comments on the monitoring and reporting process.
2. With respect to the organisation of quality assurance, the summary description referred to in Article 21(2)(a) of Directive 2007/2/EC shall contain the following:
(a)
a description of quality assurance procedures, including the maintenance of the infrastructure for spatial information;
(b)
an analysis of quality assurance problems related to the development of the infrastructure for spatial information, taking into account the general and specific indicators;
(c)
a description of the measures taken to improve the quality assurance of the infrastructure;
(d)
where a certification mechanism has been established, a description of that mechanism.

Contribution to the functioning and coordination of the infrastructure

The summary description referred to in Article 21(2)(b) of Directive 2007/2/EC shall contain the following:
(a)
an overview of the various stakeholders contributing to the implementation of the infrastructure for spatial information according to the following typology: users, data producers, service providers, coordinating bodies;
(b)
a description of the role of the various stakeholders in the development and maintenance of the infrastructure for spatial information, including their role in the coordination of tasks, in the provision of data and metadata, and in the management, development and hosting of services;
(c)
a general description of the main measures taken to facilitate the sharing of spatial data sets and services between public authorities and a description of how sharing has improved as a result;
(d)
a description of how stakeholders cooperate;
(e)
a description of the access to the services through the Inspire geo-portal, as referred to in Article 15(2) of Directive 2007/2/EC.

Use of the infrastructure for spatial information

The information on the use of the infrastructure for spatial information referred to in Article 21(2)(c) of Directive 2007/2/EC shall cover the following:
(a)
the use of the spatial data services of the infrastructure for spatial information, taking into account the general and specific indicators;
(b)
the use of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC by public authorities, with particular attention to good examples in the field of environmental policy;
(c)
if available, evidence showing the use of the infrastructure for spatial information by the general public;
(d)
examples of cross-border use and efforts made to improve cross-border consistency of spatial data sets corresponding to the themes listed in Annexes I, II and III to Directive 2007/2/EC;
(e)
how transformation services are used to achieve data interoperability.

Data sharing arrangements

The summary description referred to in Article 21(2)(d) of Directive 2007/2/EC shall contain the following:
(a)
an overview of data sharing arrangements that have been, or are being, created between public authorities;
(b)
an overview of data sharing arrangements that have been, or are being, created between public authorities and Community institutions and bodies, including examples of data sharing arrangements for a particular spatial data set;
(c)
a list of barriers to the sharing of spatial data sets and services between public authorities and between public authorities and the Community institutions and bodies, as well as a description of the actions which are taken to overcome those barriers.

Cost and benefit aspects

The summary description referred to in Article 21(2)(e) of Directive 2007/2/EC shall contain the following:
(a)
an estimate of the costs resulting from the implementation of Directive 2007/2/EC;
(b)
examples of the benefits observed, including examples of the positive effects on policy preparation, implementation, evaluation, examples of improved services to the citizen as well as examples of cross-border cooperation.

Updating reports

The report referred to in Article 21(3) of Directive 2007/2/EC shall cover the three calendar years preceding the year of the report.

Application

This Decision shall apply from 5 June 2009.

Addressees

This Decision is addressed to Member States.

Pending: 32009D0427

January 16, 2026
5.6.2009 EN Official Journal of the European Union L 139/29
(1) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91(1), defines objectives and principles applicable to organic production and lays down basic requirements with regard to production, labelling and control of organic products in the plant, livestock and aquaculture production.
(2) With the Communication from the Commission to the Council and to the European Parliament on a European action plan for organic food and farming adopted in June 2004(2), the Commission intends to assess the situation and to lay down the basis for policy development, thereby providing an overall strategic vision for the contribution of organic farming to the common agricultural policy. In particular, the European action plan for organic food and farming recommends, in action 11, establishing an independent expert panel for technical advice.
(3) The Commission may need technical advice to decide on the authorisation of the use of products, substances and techniques in organic farming and processing, to develop or improve organic production rules and, more in general, for any other matter relating to the area of organic production. These are complex and time consuming exercises, for which a high degree of specialisation is required.
(4) It is therefore necessary to set up a group of experts in the field of organic production and to define its tasks and its structure.
(5) The group should help to ensure easy access to highly qualified technical expertise in a wide range of fields related to organic production.
(6) The group should be composed of scientists and other experts with competences related to organic production and should deliver independent, excellent and transparent technical advice to the Commission.
(7) Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom(3).
(8) Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(4),
(a) evaluating products, substances and techniques which can be used in organic production, taking into account objectives and principles laid down in Regulation (EC) No 834/2007;
(b) improving existing rules and developing new production rules;
(c) bringing about an exchange of experience and good practices in the field of organic production.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
(1) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91(1), defines objectives and principles applicable to organic production and lays down basic requirements with regard to production, labelling and control of organic products in the plant, livestock and aquaculture production.
(2) With the Communication from the Commission to the Council and to the European Parliament on a European action plan for organic food and farming adopted in June 2004(2), the Commission intends to assess the situation and to lay down the basis for policy development, thereby providing an overall strategic vision for the contribution of organic farming to the common agricultural policy. In particular, the European action plan for organic food and farming recommends, in action 11, establishing an independent expert panel for technical advice.
(3) The Commission may need technical advice to decide on the authorisation of the use of products, substances and techniques in organic farming and processing, to develop or improve organic production rules and, more in general, for any other matter relating to the area of organic production. These are complex and time consuming exercises, for which a high degree of specialisation is required.
(4) It is therefore necessary to set up a group of experts in the field of organic production and to define its tasks and its structure.
(5) The group should help to ensure easy access to highly qualified technical expertise in a wide range of fields related to organic production.
(6) The group should be composed of scientists and other experts with competences related to organic production and should deliver independent, excellent and transparent technical advice to the Commission.
(7) Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom(3).
(8) Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(4),
HAS DECIDED AS FOLLOWS:

The ‘expert group for technical advice on organic production’
Article 1
The expert group for technical advice on organic production, hereinafter referred to as ‘the group’, is hereby set up.

Task
Article 2
The group’s task shall be to assist the Commission in:
(a)
evaluating products, substances and techniques which can be used in organic production, taking into account objectives and principles laid down in Regulation (EC) No 834/2007;
(b)
improving existing rules and developing new production rules;
(c)
bringing about an exchange of experience and good practices in the field of organic production.

Consultation
Article 3
1. The Commission may consult the group on any matter relating to the area of organic production.
2. The chairperson of the group may advise the Commission that it is desirable to consult the group on a specific question.

Membership — Appointment
Article 4
1. The group shall be composed of 13 members.
2. The members of the group shall be appointed by the Commission from specialists with competence in the areas referred to in Articles 2 and 3(1) and who have responded to the public call for applications. The Commission may also establish a pool list of candidates that could not be appointed as permanent members although they were considered suitable for a position in the group in the course of the selection procedure.
3. This pool list can be used to appoint replacements for members of the group or to appoint as members of the sub-groups.
4. The members of the group and of the sub-groups shall be appointed in a personal capacity and shall advise the Commission independently of any outside influence.
5. Members of the group are appointed for a three-year renewable term of office and may not serve for more than three consecutive mandates. They shall remain in office until such time as they are replaced in accordance with paragraph 6 or their term of office ends.
6. Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 4 of this Article, or Article 287 of the Treaty, may be replaced for the remainder of their term of office.
7. Members appointed in a personal capacity shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity. They shall also declare at each meeting any specific interest which may be considered as prejudicial to their independence in relation to the items on the agenda.
8. The names of members appointed in a personal capacity in the group and in the sub-groups and those included in the pool list shall be published on the Internet site of the Directorate-General for Agriculture and Rural Development and in the Register of Expert Groups. These names shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

Operation
Article 5
1. The group elects a chairperson and two vice-chairpersons from its members by a simple majority.
2. In agreement with the Directorate-General for Agriculture and Rural Development, sub-groups may be set up to examine specific questions under terms of reference established by the group. Such groups shall be dissolved as soon as their mandates are fulfilled. Sub-groups shall be composed of up to seven members from the members of the group or from the pool list referred to in Article 4(3).
3. The Commission’s representative may ask experts or observers with specific competence on a subject on the agenda to participate in the group’s or sub-group’s deliberations if this is useful or necessary.
4. Information obtained by participating in the deliberations of a group or sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
5. The group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
6. The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission(5).
7. The Commission may publish on the Internet, in the original language of the document concerned, the agenda, the minutes, any summary, conclusion, or partial conclusion or working document of the group.

Meeting expenses
Article 6
The Commission shall reimburse travel and, where appropriate, subsistence expenses for members and experts in connection with the group’s activities in accordance with the Commission’s rules on the compensation of external experts.
No remuneration shall be paid for the services rendered under this Decision.
Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.

Entry into force
Article 7
The decision shall take effect on the day of its publication in theOfficial Journal of the European Union.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
(1) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91(1), defines objectives and principles applicable to organic production and lays down basic requirements with regard to production, labelling and control of organic products in the plant, livestock and aquaculture production.
(2) With the Communication from the Commission to the Council and to the European Parliament on a European action plan for organic food and farming adopted in June 2004(2), the Commission intends to assess the situation and to lay down the basis for policy development, thereby providing an overall strategic vision for the contribution of organic farming to the common agricultural policy. In particular, the European action plan for organic food and farming recommends, in action 11, establishing an independent expert panel for technical advice.
(3) The Commission may need technical advice to decide on the authorisation of the use of products, substances and techniques in organic farming and processing, to develop or improve organic production rules and, more in general, for any other matter relating to the area of organic production. These are complex and time consuming exercises, for which a high degree of specialisation is required.
(4) It is therefore necessary to set up a group of experts in the field of organic production and to define its tasks and its structure.
(5) The group should help to ensure easy access to highly qualified technical expertise in a wide range of fields related to organic production.
(6) The group should be composed of scientists and other experts with competences related to organic production and should deliver independent, excellent and transparent technical advice to the Commission.
(7) Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom(3).
(8) Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(4),
HAS DECIDED AS FOLLOWS:

The ‘expert group for technical advice on organic production’

The expert group for technical advice on organic production, hereinafter referred to as ‘the group’, is hereby set up.

Task

The group’s task shall be to assist the Commission in:
(a)
evaluating products, substances and techniques which can be used in organic production, taking into account objectives and principles laid down in Regulation (EC) No 834/2007;
(b)
improving existing rules and developing new production rules;
(c)
bringing about an exchange of experience and good practices in the field of organic production.

Consultation

1. The Commission may consult the group on any matter relating to the area of organic production.
2. The chairperson of the group may advise the Commission that it is desirable to consult the group on a specific question.

Membership — Appointment

1. The group shall be composed of 13 members.
2. The members of the group shall be appointed by the Commission from specialists with competence in the areas referred to in Articles 2 and 3(1) and who have responded to the public call for applications. The Commission may also establish a pool list of candidates that could not be appointed as permanent members although they were considered suitable for a position in the group in the course of the selection procedure.
3. This pool list can be used to appoint replacements for members of the group or to appoint as members of the sub-groups.
4. The members of the group and of the sub-groups shall be appointed in a personal capacity and shall advise the Commission independently of any outside influence.
5. Members of the group are appointed for a three-year renewable term of office and may not serve for more than three consecutive mandates. They shall remain in office until such time as they are replaced in accordance with paragraph 6 or their term of office ends.
6. Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 4 of this Article, or Article 287 of the Treaty, may be replaced for the remainder of their term of office.
7. Members appointed in a personal capacity shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity. They shall also declare at each meeting any specific interest which may be considered as prejudicial to their independence in relation to the items on the agenda.
8. The names of members appointed in a personal capacity in the group and in the sub-groups and those included in the pool list shall be published on the Internet site of the Directorate-General for Agriculture and Rural Development and in the Register of Expert Groups. These names shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

Operation

1. The group elects a chairperson and two vice-chairpersons from its members by a simple majority.
2. In agreement with the Directorate-General for Agriculture and Rural Development, sub-groups may be set up to examine specific questions under terms of reference established by the group. Such groups shall be dissolved as soon as their mandates are fulfilled. Sub-groups shall be composed of up to seven members from the members of the group or from the pool list referred to in Article 4(3).
3. The Commission’s representative may ask experts or observers with specific competence on a subject on the agenda to participate in the group’s or sub-group’s deliberations if this is useful or necessary.
4. Information obtained by participating in the deliberations of a group or sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
5. The group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
6. The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission(5).
7. The Commission may publish on the Internet, in the original language of the document concerned, the agenda, the minutes, any summary, conclusion, or partial conclusion or working document of the group.

Meeting expenses

The Commission shall reimburse travel and, where appropriate, subsistence expenses for members and experts in connection with the group’s activities in accordance with the Commission’s rules on the compensation of external experts.
No remuneration shall be paid for the services rendered under this Decision.
Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.

Entry into force

The decision shall take effect on the day of its publication in theOfficial Journal of the European Union.

Pending: 32009D0426

January 16, 2026
4.6.2009 EN Official Journal of the European Union L 138/14
(1) Eurojust was set up by Council Decision 2002/187/JHA(2)as a body of the European Union with legal personality to stimulate and to improve coordination and cooperation between competent judicial authorities of the Member States.
(2) On the basis of an assessment of the experience gained by Eurojust, a further enhancement of its operational effectiveness is needed by taking account of that experience.
(3) The time has come to ensure that Eurojust becomes more operational and that the status of national members is approximated.
(4) In order to ensure continuous and effective contribution from the Member States to the achievement by Eurojust of its objectives, the national member should be required to have his regular place of work at the seat of Eurojust.
(5) It is necessary to define a common basis of powers which every national member should have in his capacity as a competent national authority acting in accordance with national law. Some of these powers should be granted to the national member for urgent cases where it is not possible for him to identify or to contact the competent national authority in a timely manner. It is understood that these powers will not have to be exercised in so far as it is possible to identify and to contact the competent authority.
(6) This Decision does not affect the manner in which the Member States organise their internal judicial system or administrative procedures for the designation of the national member and the setting up of the internal working of the national desks at Eurojust.
(7) The setting up of an On-Call Coordination (OCC) within Eurojust is necessary to make Eurojust available around the clock and to enable it to intervene in urgent cases. It should be the responsibility of each Member State to ensure that their representatives in the OCC are able to act on a 24-hour/7-day basis.
(8) Member States should ensure that competent national authorities respond without undue delay to requests made under this Decision, even if competent national authorities refuse to comply with requests made by the national member.
(9) The role of the College should be enhanced in cases of conflict of jurisdiction and in cases of recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
(10) Eurojust national coordination systems should be set up in the Member States to coordinate the work carried out by the national correspondents for Eurojust, the national correspondent for Eurojust for terrorism matters, the national correspondent for the European Judicial Network and up to three other contact points of the European Judicial Network, as well as representatives in the Networks for Joint Investigation Teams, War Crimes, Asset Recovery and Corruption.
(11) The Eurojust national coordination system should ensure that the Case Management System receives information related to the Member State concerned in an efficient and reliable manner. However, the Eurojust national coordination system should not have to be responsible for actually transmitting information to Eurojust. Member States should decide on the best channel to be used for the transmission of information to Eurojust.
(12) In order to enable the Eurojust national coordination system to fulfil its tasks, a connection to the Case Management System should be ensured. The connection to the Case Management System should be made taking due account of national information technology systems. Access to the Case Management System at national level should be based on the central role played by the national member who is responsible for the opening and management of temporary work files.
(13) Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters(3)is applicable to the processing by the Member States of the personal data transferred between the Member States and Eurojust. The relevant set of data protection provisions of Decision 2002/187/JHA will not be affected by Framework Decision 2008/977/JHA and contains specific provisions on the protection of personal data regulating these matters in more detail because of the particular nature, functions and competences of Eurojust.
(14) Eurojust should be authorised to process certain personal data on persons who, under the national legislation of the Member States concerned, are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent, or who have been convicted of such an offence. The list of such personal data should include telephone numbers, e-mail addresses, vehicle registration data, DNA profiles established from the non-coding part of DNA, photographs and fingerprints. The list should also include traffic data and location data and the related data necessary to identify the subscriber or user of a publicly available electronic communications service; this should not include data revealing the content of the communication. It is not intended that Eurojust carry out an automated comparison of DNA profiles or fingerprints.
(15) Eurojust should be given the opportunity to extend the deadlines for storage of personal data in order to achieve its objectives. Such decisions should be taken following careful consideration of particular needs. Any extension of deadlines for processing personal data, where prosecution is statute barred in all Member States concerned, should be decided only where there is a specific need to provide assistance under this Decision.
(16) The Rules on the Joint Supervisory Body should facilitate its functioning.
(17) With a view to increasing the operational effectiveness of Eurojust, transmission of information to Eurojust should be improved by providing clear and limited obligations for national authorities.
(18) Eurojust should implement priorities set by the Council, in particular those set on the basis of the Organised Crime Threat Assessment (OCTA), as referred to in the Hague Programme(4).
(19) Eurojust is to maintain privileged relations with the European Judicial Network based on consultation and complementarity. This Decision should help clarify the respective roles of Eurojust and the European Judicial Network and their mutual relations, while maintaining the specificity of the European Judicial Network.
(20) Nothing in this Decision should be construed to affect the autonomy of the secretariats of the networks mentioned in this Decision when they discharge their function as Eurojust staff in accordance with the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 of the Council(5).
(21) It is also necessary to strengthen Eurojust’s capacity to work with external partners, such as third States, the European Police Office (Europol), the European Anti-Fraud Office (OLAF), the Council’s Joint Situation Centre and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex).
(22) Provision should be made for Eurojust to post liaison magistrates to third States in order to achieve objectives similar to those assigned to liaison magistrates seconded by the Member States on the basis of Council Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union(6).
(23) This Decision allows the principle of public access to official documents to be taken into account,
1. Article 2 shall be replaced by the following:‘Article 2Composition of Eurojust1.   Eurojust shall have one national member seconded by each Member State in accordance with its legal system, who is a prosecutor, judge or police officer of equivalent competence.2.   Member States shall ensure continuous and effective contribution to the achievement by Eurojust of its objectives under Article 3. To fulfil those objectives:(a)the national member shall be required to have his regular place of work at the seat of Eurojust;(b)each national member shall be assisted by one deputy and by another person as an assistant. The deputy and the assistant may have their regular place of work at Eurojust. More deputies or assistants may assist the national member and may, if necessary and with the agreement of the College, have their regular place of work at Eurojust.3.   The national member shall have a position which grants him the powers referred to in this Decision in order to be able to fulfil his tasks.4.   National members, deputies and assistants shall be subject to the national law of their Member State as regards their status.5.   The deputy shall fulfil the criteria provided for in paragraph 1 and be able to act on behalf of or to substitute the national member. An assistant may also act on behalf of or substitute the national member if he fulfils the criteria provided for in paragraph 1.6.   Eurojust shall be linked to a Eurojust national coordination system in accordance with Article 12.7.   Eurojust shall have the possibility of posting liaison magistrates in third States in accordance with this Decision.8.   Eurojust shall, in accordance with this Decision, have a Secretariat headed by an Administrative Director.’; (a) the national member shall be required to have his regular place of work at the seat of Eurojust; (b) each national member shall be assisted by one deputy and by another person as an assistant. The deputy and the assistant may have their regular place of work at Eurojust. More deputies or assistants may assist the national member and may, if necessary and with the agreement of the College, have their regular place of work at Eurojust.
(a) the national member shall be required to have his regular place of work at the seat of Eurojust;
(b) each national member shall be assisted by one deputy and by another person as an assistant. The deputy and the assistant may have their regular place of work at Eurojust. More deputies or assistants may assist the national member and may, if necessary and with the agreement of the College, have their regular place of work at Eurojust.
(a) the national member shall be required to have his regular place of work at the seat of Eurojust;
(b) each national member shall be assisted by one deputy and by another person as an assistant. The deputy and the assistant may have their regular place of work at Eurojust. More deputies or assistants may assist the national member and may, if necessary and with the agreement of the College, have their regular place of work at Eurojust.
2. Article 3 shall be amended as follows:(a)in paragraph 1(b), the words ‘international mutual legal assistance and the implementation of extradition requests’ shall be replaced by ‘requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;’;(b)in paragraph 2, the words ‘Article 27(3)’ shall be replaced by ‘Article 26a(2)’; (a) in paragraph 1(b), the words ‘international mutual legal assistance and the implementation of extradition requests’ shall be replaced by ‘requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;’; (b) in paragraph 2, the words ‘Article 27(3)’ shall be replaced by ‘Article 26a(2)’;
(a) in paragraph 1(b), the words ‘international mutual legal assistance and the implementation of extradition requests’ shall be replaced by ‘requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;’;
(b) in paragraph 2, the words ‘Article 27(3)’ shall be replaced by ‘Article 26a(2)’;
(a) in paragraph 1(b), the words ‘international mutual legal assistance and the implementation of extradition requests’ shall be replaced by ‘requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;’;
(b) in paragraph 2, the words ‘Article 27(3)’ shall be replaced by ‘Article 26a(2)’;
3. Article 4(1) shall be amended as follows:(a)point (a) shall be replaced by the following:‘(a)the types of crime and the offences in respect of which Europol is at all times competent to act;’(7);(b)point (b) shall be deleted;(c)in point (c), the words ‘in points (a) and (b)’ shall be replaced by ‘in point (a)’; (a) point (a) shall be replaced by the following:‘(a)the types of crime and the offences in respect of which Europol is at all times competent to act;’(7); ‘(a) the types of crime and the offences in respect of which Europol is at all times competent to act;’(7); (b) point (b) shall be deleted; (c) in point (c), the words ‘in points (a) and (b)’ shall be replaced by ‘in point (a)’;
(a) point (a) shall be replaced by the following:‘(a)the types of crime and the offences in respect of which Europol is at all times competent to act;’(7); ‘(a) the types of crime and the offences in respect of which Europol is at all times competent to act;’(7);
‘(a) the types of crime and the offences in respect of which Europol is at all times competent to act;’(7);
(b) point (b) shall be deleted;
(c) in point (c), the words ‘in points (a) and (b)’ shall be replaced by ‘in point (a)’;
(a) point (a) shall be replaced by the following:‘(a)the types of crime and the offences in respect of which Europol is at all times competent to act;’(7); ‘(a) the types of crime and the offences in respect of which Europol is at all times competent to act;’(7);
‘(a) the types of crime and the offences in respect of which Europol is at all times competent to act;’(7);
‘(a) the types of crime and the offences in respect of which Europol is at all times competent to act;’(7);
(b) point (b) shall be deleted;
(c) in point (c), the words ‘in points (a) and (b)’ shall be replaced by ‘in point (a)’;
4. the following Article shall be inserted:‘Article 5aOn-Call Coordination1.   In order to fulfil its tasks in urgent cases, Eurojust shall put in place an On-Call Coordination (OCC) able to receive and process at all times requests referred to it. The OCC shall be contactable, through a single OCC contact point at Eurojust, on a 24-hour/7-day basis.2.   The OCC shall rely on one representative (OCC representative) per Member State who may be either the national member, his deputy, or an assistant entitled to replace the national member. The OCC representative shall be able to act on a 24-hour/7-day basis.3.   When in urgent cases a request for, or a decision on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, needs to be executed in one or more Member States, the requesting or issuing competent authority may forward it to the OCC. The OCC contact point shall immediately forward it to the OCC representative of the Member State from which the request originates and, if explicitly requested by the transmitting or issuing authority, to the OCC representatives of the Member States on the territory of which the request should be executed. These OCC representatives shall act without delay, in relation to the execution of the request in their Member State, through the exercise of tasks or powers available to them and referred to in Article 6 and Articles 9a to 9f.’;
5. Article 6 shall be amended as follows:(a)the existing paragraph shall become paragraph 1;(b)paragraph 1(a) shall be replaced by the following:‘(a)may ask the competent authorities of the Member States concerned, giving its reasons, to:(i)undertake an investigation or prosecution of specific acts;(ii)accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;(iii)coordinate between the competent authorities of the Member States concerned;(iv)set up a joint investigation team in keeping with the relevant cooperation instruments;(v)provide it with any information that is necessary for it to carry out its tasks;(vi)take special investigative measures;(vii)take any other measure justified for the investigation or prosecution;’;(c)paragraph 1(g) shall be deleted;(d)the following paragraph shall be added:‘2.   The Member States shall ensure that competent national authorities respond without undue delay to requests made under this Article.’; (a) the existing paragraph shall become paragraph 1; (b) paragraph 1(a) shall be replaced by the following:‘(a)may ask the competent authorities of the Member States concerned, giving its reasons, to:(i)undertake an investigation or prosecution of specific acts;(ii)accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;(iii)coordinate between the competent authorities of the Member States concerned;(iv)set up a joint investigation team in keeping with the relevant cooperation instruments;(v)provide it with any information that is necessary for it to carry out its tasks;(vi)take special investigative measures;(vii)take any other measure justified for the investigation or prosecution;’; ‘(a) may ask the competent authorities of the Member States concerned, giving its reasons, to:(i)undertake an investigation or prosecution of specific acts;(ii)accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;(iii)coordinate between the competent authorities of the Member States concerned;(iv)set up a joint investigation team in keeping with the relevant cooperation instruments;(v)provide it with any information that is necessary for it to carry out its tasks;(vi)take special investigative measures;(vii)take any other measure justified for the investigation or prosecution;’; (i) undertake an investigation or prosecution of specific acts; (ii) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts; (iii) coordinate between the competent authorities of the Member States concerned; (iv) set up a joint investigation team in keeping with the relevant cooperation instruments; (v) provide it with any information that is necessary for it to carry out its tasks; (vi) take special investigative measures; (vii) take any other measure justified for the investigation or prosecution;’; (c) paragraph 1(g) shall be deleted; (d) the following paragraph shall be added:‘2.   The Member States shall ensure that competent national authorities respond without undue delay to requests made under this Article.’;
(a) the existing paragraph shall become paragraph 1;
(b) paragraph 1(a) shall be replaced by the following:‘(a)may ask the competent authorities of the Member States concerned, giving its reasons, to:(i)undertake an investigation or prosecution of specific acts;(ii)accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;(iii)coordinate between the competent authorities of the Member States concerned;(iv)set up a joint investigation team in keeping with the relevant cooperation instruments;(v)provide it with any information that is necessary for it to carry out its tasks;(vi)take special investigative measures;(vii)take any other measure justified for the investigation or prosecution;’; ‘(a) may ask the competent authorities of the Member States concerned, giving its reasons, to:(i)undertake an investigation or prosecution of specific acts;(ii)accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;(iii)coordinate between the competent authorities of the Member States concerned;(iv)set up a joint investigation team in keeping with the relevant cooperation instruments;(v)provide it with any information that is necessary for it to carry out its tasks;(vi)take special investigative measures;(vii)take any other measure justified for the investigation or prosecution;’; (i) undertake an investigation or prosecution of specific acts; (ii) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts; (iii) coordinate between the competent authorities of the Member States concerned; (iv) set up a joint investigation team in keeping with the relevant cooperation instruments; (v) provide it with any information that is necessary for it to carry out its tasks; (vi) take special investigative measures; (vii) take any other measure justified for the investigation or prosecution;’;
‘(a) may ask the competent authorities of the Member States concerned, giving its reasons, to:(i)undertake an investigation or prosecution of specific acts;(ii)accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;(iii)coordinate between the competent authorities of the Member States concerned;(iv)set up a joint investigation team in keeping with the relevant cooperation instruments;(v)provide it with any information that is necessary for it to carry out its tasks;(vi)take special investigative measures;(vii)take any other measure justified for the investigation or prosecution;’; (i) undertake an investigation or prosecution of specific acts; (ii) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts; (iii) coordinate between the competent authorities of the Member States concerned; (iv) set up a joint investigation team in keeping with the relevant cooperation instruments; (v) provide it with any information that is necessary for it to carry out its tasks; (vi) take special investigative measures; (vii) take any other measure justified for the investigation or prosecution;’;
(i) undertake an investigation or prosecution of specific acts;
(ii) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;
(iii) coordinate between the competent authorities of the Member States concerned;
(iv) set up a joint investigation team in keeping with the relevant cooperation instruments;
(v) provide it with any information that is necessary for it to carry out its tasks;
(vi) take special investigative measures;
(vii) take any other measure justified for the investigation or prosecution;’;
(c) paragraph 1(g) shall be deleted;
(d) the following paragraph shall be added:‘2.   The Member States shall ensure that competent national authorities respond without undue delay to requests made under this Article.’;
(a) the existing paragraph shall become paragraph 1;
(b) paragraph 1(a) shall be replaced by the following:‘(a)may ask the competent authorities of the Member States concerned, giving its reasons, to:(i)undertake an investigation or prosecution of specific acts;(ii)accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;(iii)coordinate between the competent authorities of the Member States concerned;(iv)set up a joint investigation team in keeping with the relevant cooperation instruments;(v)provide it with any information that is necessary for it to carry out its tasks;(vi)take special investigative measures;(vii)take any other measure justified for the investigation or prosecution;’; ‘(a) may ask the competent authorities of the Member States concerned, giving its reasons, to:(i)undertake an investigation or prosecution of specific acts;(ii)accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;(iii)coordinate between the competent authorities of the Member States concerned;(iv)set up a joint investigation team in keeping with the relevant cooperation instruments;(v)provide it with any information that is necessary for it to carry out its tasks;(vi)take special investigative measures;(vii)take any other measure justified for the investigation or prosecution;’; (i) undertake an investigation or prosecution of specific acts; (ii) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts; (iii) coordinate between the competent authorities of the Member States concerned; (iv) set up a joint investigation team in keeping with the relevant cooperation instruments; (v) provide it with any information that is necessary for it to carry out its tasks; (vi) take special investigative measures; (vii) take any other measure justified for the investigation or prosecution;’;
‘(a) may ask the competent authorities of the Member States concerned, giving its reasons, to:(i)undertake an investigation or prosecution of specific acts;(ii)accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;(iii)coordinate between the competent authorities of the Member States concerned;(iv)set up a joint investigation team in keeping with the relevant cooperation instruments;(v)provide it with any information that is necessary for it to carry out its tasks;(vi)take special investigative measures;(vii)take any other measure justified for the investigation or prosecution;’; (i) undertake an investigation or prosecution of specific acts; (ii) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts; (iii) coordinate between the competent authorities of the Member States concerned; (iv) set up a joint investigation team in keeping with the relevant cooperation instruments; (v) provide it with any information that is necessary for it to carry out its tasks; (vi) take special investigative measures; (vii) take any other measure justified for the investigation or prosecution;’;
(i) undertake an investigation or prosecution of specific acts;
(ii) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;
(iii) coordinate between the competent authorities of the Member States concerned;
(iv) set up a joint investigation team in keeping with the relevant cooperation instruments;
(v) provide it with any information that is necessary for it to carry out its tasks;
(vi) take special investigative measures;
(vii) take any other measure justified for the investigation or prosecution;’;
‘(a) may ask the competent authorities of the Member States concerned, giving its reasons, to:(i)undertake an investigation or prosecution of specific acts;(ii)accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;(iii)coordinate between the competent authorities of the Member States concerned;(iv)set up a joint investigation team in keeping with the relevant cooperation instruments;(v)provide it with any information that is necessary for it to carry out its tasks;(vi)take special investigative measures;(vii)take any other measure justified for the investigation or prosecution;’; (i) undertake an investigation or prosecution of specific acts; (ii) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts; (iii) coordinate between the competent authorities of the Member States concerned; (iv) set up a joint investigation team in keeping with the relevant cooperation instruments; (v) provide it with any information that is necessary for it to carry out its tasks; (vi) take special investigative measures; (vii) take any other measure justified for the investigation or prosecution;’;
(i) undertake an investigation or prosecution of specific acts;
(ii) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;
(iii) coordinate between the competent authorities of the Member States concerned;
(iv) set up a joint investigation team in keeping with the relevant cooperation instruments;
(v) provide it with any information that is necessary for it to carry out its tasks;
(vi) take special investigative measures;
(vii) take any other measure justified for the investigation or prosecution;’;
(i) undertake an investigation or prosecution of specific acts;
(ii) accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;
(iii) coordinate between the competent authorities of the Member States concerned;
(iv) set up a joint investigation team in keeping with the relevant cooperation instruments;
(v) provide it with any information that is necessary for it to carry out its tasks;
(vi) take special investigative measures;
(vii) take any other measure justified for the investigation or prosecution;’;
(c) paragraph 1(g) shall be deleted;
(d) the following paragraph shall be added:‘2.   The Member States shall ensure that competent national authorities respond without undue delay to requests made under this Article.’;
6. Article 7 shall be amended as follows:(a)the existing paragraph shall become paragraph 1;(b)the following paragraphs shall be added:‘2.   Where two or more national members can not agree on how to resolve a case of conflict of jurisdiction as regards the undertaking of investigations or prosecution pursuant to Article 6 and in particular Article 6(1)(c), the College shall be asked to issue a written non-binding opinion on the case, provided the matter could not be resolved through mutual agreement between the competent national authorities concerned. The opinion of the College shall be promptly forwarded to the Member States concerned. This paragraph is without prejudice to paragraph 1(a)(ii).3.   Notwithstanding the provisions contained in any instruments adopted by the European Union regarding judicial cooperation, a competent authority may report to Eurojust recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, and request the College to issue a written non-binding opinion on the matter, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion of the College shall be promptly forwarded to the Member States concerned.’; (a) the existing paragraph shall become paragraph 1; (b) the following paragraphs shall be added:‘2.   Where two or more national members can not agree on how to resolve a case of conflict of jurisdiction as regards the undertaking of investigations or prosecution pursuant to Article 6 and in particular Article 6(1)(c), the College shall be asked to issue a written non-binding opinion on the case, provided the matter could not be resolved through mutual agreement between the competent national authorities concerned. The opinion of the College shall be promptly forwarded to the Member States concerned. This paragraph is without prejudice to paragraph 1(a)(ii).3.   Notwithstanding the provisions contained in any instruments adopted by the European Union regarding judicial cooperation, a competent authority may report to Eurojust recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, and request the College to issue a written non-binding opinion on the matter, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion of the College shall be promptly forwarded to the Member States concerned.’;
(a) the existing paragraph shall become paragraph 1;
(b) the following paragraphs shall be added:‘2.   Where two or more national members can not agree on how to resolve a case of conflict of jurisdiction as regards the undertaking of investigations or prosecution pursuant to Article 6 and in particular Article 6(1)(c), the College shall be asked to issue a written non-binding opinion on the case, provided the matter could not be resolved through mutual agreement between the competent national authorities concerned. The opinion of the College shall be promptly forwarded to the Member States concerned. This paragraph is without prejudice to paragraph 1(a)(ii).3.   Notwithstanding the provisions contained in any instruments adopted by the European Union regarding judicial cooperation, a competent authority may report to Eurojust recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, and request the College to issue a written non-binding opinion on the matter, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion of the College shall be promptly forwarded to the Member States concerned.’;
(a) the existing paragraph shall become paragraph 1;
(b) the following paragraphs shall be added:‘2.   Where two or more national members can not agree on how to resolve a case of conflict of jurisdiction as regards the undertaking of investigations or prosecution pursuant to Article 6 and in particular Article 6(1)(c), the College shall be asked to issue a written non-binding opinion on the case, provided the matter could not be resolved through mutual agreement between the competent national authorities concerned. The opinion of the College shall be promptly forwarded to the Member States concerned. This paragraph is without prejudice to paragraph 1(a)(ii).3.   Notwithstanding the provisions contained in any instruments adopted by the European Union regarding judicial cooperation, a competent authority may report to Eurojust recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, and request the College to issue a written non-binding opinion on the matter, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion of the College shall be promptly forwarded to the Member States concerned.’;
7. Articles 8 and 9 shall be replaced by the following:‘Article 8Follow up to requests and opinions of EurojustIf the competent authorities of the Member States concerned decide not to comply with a request referred to in Article 6(1)(a) or Article 7(1)(a) or decide not to follow a written opinion referred to in Article 7(2) and (3), they shall inform Eurojust without undue delay of their decision and of the reasons for it. Where it is not possible to give the reasons for refusing to comply with a request because to do so would harm essential national security interests or would jeopardise the safety of individuals, the competent authorities of the Member States may cite operational reasons.Article 9National members1.   The length of a national member’s term of office shall be at least four years. The Member State of origin may renew the term of office. The national member shall not be removed before the end of a term without informing the Council before the removal and indicating to it the reason therefor. Where a national member is President or Vice-President of Eurojust, his term of office as a member shall at least be such that he can fulfil his function as President or Vice-President for the full elected term.2.   All information exchanged between Eurojust and Member States shall be directed through the national member.3.   In order to meet Eurojust’s objectives, the national member shall have at least equivalent access to, or at least be able to obtain the information contained in, the following types of registers of his Member State as would be available to him in his role as a prosecutor, judge or police officer, whichever is applicable, at national level:(a)criminal records;(b)registers of arrested persons;(c)investigation registers;(d)DNA registers;(e)other registers of his Member State where he deems this information necessary for him to be able to fulfil his tasks.4.   A national member may contact the competent authorities of his Member State directly.’; (a) criminal records; (b) registers of arrested persons; (c) investigation registers; (d) DNA registers; (e) other registers of his Member State where he deems this information necessary for him to be able to fulfil his tasks.
(a) criminal records;
(b) registers of arrested persons;
(c) investigation registers;
(d) DNA registers;
(e) other registers of his Member State where he deems this information necessary for him to be able to fulfil his tasks.
(a) criminal records;
(b) registers of arrested persons;
(c) investigation registers;
(d) DNA registers;
(e) other registers of his Member State where he deems this information necessary for him to be able to fulfil his tasks.
8. the following Articles shall be inserted:‘Article 9aPowers of the national member granted to him at national level1.   When a national member exercises the powers referred to in Articles 9b, 9c and 9d, he does so in his capacity as a competent national authority acting in accordance with national law and subject to the conditions laid down in this Article and Articles 9b to 9e. In the performance of his tasks the national member shall, where appropriate, make it known whenever he is acting in accordance with the powers granted to national members under this Article and Articles 9b, 9c and 9d.2.   Each Member State shall define the nature and extent of the powers it grants its national member as regards judicial cooperation in respect of that Member State. However, each Member State shall grant its national member at least the powers described in Article 9b and, subject to Article 9e, the powers described in Articles 9c and 9d, which would be available to him as a judge, prosecutor or police officer, whichever is applicable, at national level.3.   When appointing its national member and at any other time if appropriate, the Member State shall notify Eurojust and the General Secretariat of the Council of its decision regarding the implementation of paragraph 2 so that the latter can inform the other Member States. The Member States shall undertake to accept and recognise the prerogatives thus granted in so far as they are in conformity with international commitments.4.   Each Member State shall define the right for a national member to act in relation to foreign judicial authorities, in accordance with its international commitments.Article 9bOrdinary powers1.   National members, in their capacity as competent national authorities, shall be entitled to receive, transmit, facilitate, follow up and provide supplementary information in relation to the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition. When powers referred to in this paragraph are exercised, the competent national authority shall be informed promptly.2.   In case of partial or inadequate execution of a request for judicial cooperation, national members, in their capacity as competent national authorities, shall be entitled to ask the competent national authority of their Member State for supplementary measures in order for the request to be fully executed.Article 9cPowers exercised in agreement with a competent national authority1.   National members may, in their capacity as competent national authorities, in agreement with a competent national authority, or at its request and on a case-by-case basis, exercise the following powers:(a)issuing and completing requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;(b)executing in their Member State requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;(c)ordering in their Member State investigative measures considered necessary at a coordination meeting organised by Eurojust to provide assistance to competent national authorities concerned by a concrete investigation and to which competent national authorities concerned with the investigation are invited to participate;(d)authorising and coordinating controlled deliveries in their Member State.2.   Powers referred to in this Article shall, in principle, be exercised by a competent national authority.Article 9dPowers exercised in urgent casesIn their capacity as competent national authorities, national members shall, in urgent cases and in so far as it is not possible for them to identify or to contact the competent national authority in a timely manner, be entitled:(a)to authorise and to coordinate controlled deliveries in their Member State;(b)to execute, in relation to their Member State a request for, or a decision on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.As soon as the competent national authority is identified or contacted, it shall be informed of the exercise of powers referred to in this Article.Article 9eRequests from national members where powers cannot be exercised1.   The national member, in his capacity as a competent national authority, shall be at least competent to submit a proposal to the authority competent for the carrying out of powers referred to in Articles 9c and 9d when granting such powers to the national member is contrary to:(a)constitutional rules;or(b)fundamental aspects of the criminal justice system:(i)regarding the division of powers between the police, prosecutors and judges;(ii)regarding the functional division of tasks between prosecution authorities;or(iii)related to the federal structure of the Member State concerned.2.   Member States shall ensure that, in cases referred to in paragraph 1, the request issued by the national member be handled without undue delay by the competent national authority.Article 9fParticipation of national members in joint investigation teamsNational members shall be entitled to participate in joint investigation teams, including in their setting up, in accordance with Article 13 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union or Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams(*1), concerning their own Member State. However, Member States may make the participation of the national member subject to the agreement of the competent national authority. National members, their deputies or their assistants, shall be invited to participate in any joint investigation team involving their Member State and for which Community funding is provided under the applicable financial instruments. Each Member State shall define whether the national member participates in the joint investigation team as a national competent authority or on behalf of Eurojust.(*1)OJ L 162, 20.6.2002, p. 1.’;" (a) issuing and completing requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition; (b) executing in their Member State requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition; (c) ordering in their Member State investigative measures considered necessary at a coordination meeting organised by Eurojust to provide assistance to competent national authorities concerned by a concrete investigation and to which competent national authorities concerned with the investigation are invited to participate; (d) authorising and coordinating controlled deliveries in their Member State. (a) to authorise and to coordinate controlled deliveries in their Member State; (b) to execute, in relation to their Member State a request for, or a decision on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition. (a) constitutional rules;or (b) fundamental aspects of the criminal justice system:(i)regarding the division of powers between the police, prosecutors and judges;(ii)regarding the functional division of tasks between prosecution authorities;or(iii)related to the federal structure of the Member State concerned. (i) regarding the division of powers between the police, prosecutors and judges; (ii) regarding the functional division of tasks between prosecution authorities;or (iii) related to the federal structure of the Member State concerned.
(a) issuing and completing requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(b) executing in their Member State requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(c) ordering in their Member State investigative measures considered necessary at a coordination meeting organised by Eurojust to provide assistance to competent national authorities concerned by a concrete investigation and to which competent national authorities concerned with the investigation are invited to participate;
(d) authorising and coordinating controlled deliveries in their Member State.
(a) to authorise and to coordinate controlled deliveries in their Member State;
(b) to execute, in relation to their Member State a request for, or a decision on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
(a) constitutional rules;or
(b) fundamental aspects of the criminal justice system:(i)regarding the division of powers between the police, prosecutors and judges;(ii)regarding the functional division of tasks between prosecution authorities;or(iii)related to the federal structure of the Member State concerned. (i) regarding the division of powers between the police, prosecutors and judges; (ii) regarding the functional division of tasks between prosecution authorities;or (iii) related to the federal structure of the Member State concerned.
(i) regarding the division of powers between the police, prosecutors and judges;
(ii) regarding the functional division of tasks between prosecution authorities;or
(iii) related to the federal structure of the Member State concerned.
(a) issuing and completing requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(b) executing in their Member State requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(c) ordering in their Member State investigative measures considered necessary at a coordination meeting organised by Eurojust to provide assistance to competent national authorities concerned by a concrete investigation and to which competent national authorities concerned with the investigation are invited to participate;
(d) authorising and coordinating controlled deliveries in their Member State.
(a) to authorise and to coordinate controlled deliveries in their Member State;
(b) to execute, in relation to their Member State a request for, or a decision on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
(a) constitutional rules;or
(b) fundamental aspects of the criminal justice system:(i)regarding the division of powers between the police, prosecutors and judges;(ii)regarding the functional division of tasks between prosecution authorities;or(iii)related to the federal structure of the Member State concerned. (i) regarding the division of powers between the police, prosecutors and judges; (ii) regarding the functional division of tasks between prosecution authorities;or (iii) related to the federal structure of the Member State concerned.
(i) regarding the division of powers between the police, prosecutors and judges;
(ii) regarding the functional division of tasks between prosecution authorities;or
(iii) related to the federal structure of the Member State concerned.
(i) regarding the division of powers between the police, prosecutors and judges;
(ii) regarding the functional division of tasks between prosecution authorities;or
(iii) related to the federal structure of the Member State concerned.
9. Article 10 shall be amended as follows:(a)in paragraph 2, the first sentence shall be replaced by the following:‘2.   The Council shall, acting by qualified majority, approve Eurojust’s Rules of Procedure on a proposal from the College. The College shall adopt its proposal by a two-thirds majority after consulting the Joint Supervisory Board provided for in Article 23 as regards the provisions on the processing of personal data.’;(b)in paragraph 3, the words ‘in accordance with Article 7(a)’ shall be replaced by ‘in accordance with Article 7(1)(a), (2) and (3)’; (a) in paragraph 2, the first sentence shall be replaced by the following:‘2.   The Council shall, acting by qualified majority, approve Eurojust’s Rules of Procedure on a proposal from the College. The College shall adopt its proposal by a two-thirds majority after consulting the Joint Supervisory Board provided for in Article 23 as regards the provisions on the processing of personal data.’; (b) in paragraph 3, the words ‘in accordance with Article 7(a)’ shall be replaced by ‘in accordance with Article 7(1)(a), (2) and (3)’;
(a) in paragraph 2, the first sentence shall be replaced by the following:‘2.   The Council shall, acting by qualified majority, approve Eurojust’s Rules of Procedure on a proposal from the College. The College shall adopt its proposal by a two-thirds majority after consulting the Joint Supervisory Board provided for in Article 23 as regards the provisions on the processing of personal data.’;
(b) in paragraph 3, the words ‘in accordance with Article 7(a)’ shall be replaced by ‘in accordance with Article 7(1)(a), (2) and (3)’;
(a) in paragraph 2, the first sentence shall be replaced by the following:‘2.   The Council shall, acting by qualified majority, approve Eurojust’s Rules of Procedure on a proposal from the College. The College shall adopt its proposal by a two-thirds majority after consulting the Joint Supervisory Board provided for in Article 23 as regards the provisions on the processing of personal data.’;
(b) in paragraph 3, the words ‘in accordance with Article 7(a)’ shall be replaced by ‘in accordance with Article 7(1)(a), (2) and (3)’;
10. Article 12 shall be replaced by the following:‘Article 12Eurojust national coordination system1.   Each Member State shall designate one or more national correspondents for Eurojust.2.   Each Member State shall, before 4 June 2011, set up a Eurojust national coordination system to ensure coordination of the work carried out by:(a)the national correspondents for Eurojust;(b)the national correspondent for Eurojust for terrorism matters;(c)the national correspondent for the European Judicial Network and up to three other contact points of the European Judicial Network;(d)national members or contact points of the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes(*2), Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime(*3)and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption(*4).3.   The persons referred to in paragraphs 1 and 2 shall maintain their position and status under national law.4.   The national correspondents for Eurojust shall be responsible for the functioning of the Eurojust national coordination system. When several correspondents for Eurojust are designated, one of them shall be responsible for the functioning of the Eurojust national coordination system.5.   The Eurojust national coordination system shall facilitate, within the Member State, the carrying out of the tasks of Eurojust, in particular by:(a)ensuring that the Case Management System referred to in Article 16 receives information related to the Member State concerned in an efficient and reliable manner;(b)assisting in determining whether a case should be dealt with with the assistance of Eurojust or of the European Judicial Network;(c)assisting the national member to identify relevant authorities for the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;(d)maintaining close relations with the Europol National Unit.6.   In order to meet the objectives referred to in paragraph 5, persons referred to in paragraph 1 and paragraph 2(a), (b) and (c) shall, and persons referred to in paragraph 2(d) may, be connected to the Case Management System in accordance with this Article and Articles 16, 16a, 16b and 18 as well as with the Rules of Procedure of Eurojust. The connection to the Case Management System shall be at the charge of the general budget of the European Union.7.   Nothing in this Article shall be construed to affect direct contacts between competent judicial authorities as provided for in instruments on judicial cooperation, such as Article 6 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. Relations between the national member and national correspondents shall not preclude direct contacts between the national member and his competent authorities.(*2)OJ L 167, 26.6.2002, p. 1."(*3)OJ L 332, 18.12.2007, p. 103."(*4)OJ L 301, 12.11.2008, p. 38.’;" (a) the national correspondents for Eurojust; (b) the national correspondent for Eurojust for terrorism matters; (c) the national correspondent for the European Judicial Network and up to three other contact points of the European Judicial Network; (d) national members or contact points of the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes(*2), Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime(*3)and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption(*4). (a) ensuring that the Case Management System referred to in Article 16 receives information related to the Member State concerned in an efficient and reliable manner; (b) assisting in determining whether a case should be dealt with with the assistance of Eurojust or of the European Judicial Network; (c) assisting the national member to identify relevant authorities for the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition; (d) maintaining close relations with the Europol National Unit.
(a) the national correspondents for Eurojust;
(b) the national correspondent for Eurojust for terrorism matters;
(c) the national correspondent for the European Judicial Network and up to three other contact points of the European Judicial Network;
(d) national members or contact points of the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes(*2), Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime(*3)and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption(*4).
(a) ensuring that the Case Management System referred to in Article 16 receives information related to the Member State concerned in an efficient and reliable manner;
(b) assisting in determining whether a case should be dealt with with the assistance of Eurojust or of the European Judicial Network;
(c) assisting the national member to identify relevant authorities for the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(d) maintaining close relations with the Europol National Unit.
(a) the national correspondents for Eurojust;
(b) the national correspondent for Eurojust for terrorism matters;
(c) the national correspondent for the European Judicial Network and up to three other contact points of the European Judicial Network;
(d) national members or contact points of the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes(*2), Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime(*3)and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption(*4).
(a) ensuring that the Case Management System referred to in Article 16 receives information related to the Member State concerned in an efficient and reliable manner;
(b) assisting in determining whether a case should be dealt with with the assistance of Eurojust or of the European Judicial Network;
(c) assisting the national member to identify relevant authorities for the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(d) maintaining close relations with the Europol National Unit.
11. Article 13 shall be replaced by the following:‘Article 13Exchanges of information with the Member States and between national members1.   The competent authorities of the Member States shall exchange with Eurojust any information necessary for the performance of its tasks in accordance with Articles 4 and 5 as well as with the rules on data protection set out in this Decision. This shall at least include the information referred to in paragraphs 5, 6 and 7.2.   The transmission of information to Eurojust shall be interpreted as a request for the assistance of Eurojust in the case concerned only if so specified by a competent authority.3.   The national members of Eurojust shall be empowered to exchange any information necessary for the performance of the tasks of Eurojust, without prior authorisation, among themselves or with their Member State’s competent authorities. In particular national members shall be promptly informed of a case which concerns them.4.   This Article shall be without prejudice to other obligations regarding the transmission of information to Eurojust, including Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences(*5).5.   Member States shall ensure that national members are informed of the setting up of a joint investigation team, whether it is set up under Article 13 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union or under Framework Decision 2002/465/JHA, and of the results of the work of such teams.6.   Member States shall ensure that their national member is informed without undue delay of any case in which at least three Member States are directly involved and for which requests for or decisions on judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States and(a)the offence involved is punishable in the requesting or issuing Member State by a custodial sentence or a detention order for a maximum period of at least five or six years, to be decided by the Member State concerned, and is included in the following list:(i)trafficking in human beings;(ii)sexual exploitation of children and child pornography;(iii)drug trafficking;(iv)trafficking in firearms, their parts and components and ammunition;(v)corruption;(vi)fraud affecting the financial interests of the European Communities;(vii)counterfeiting of the euro;(viii)money laundering;(ix)attacks against information systems;or(b)there are factual indications that a criminal organisation is involved;or(c)there are indications that the case may have a serious cross-border dimension or repercussions at European Union level or that it might affect Member States other than those directly involved.7.   Member States shall ensure that their national member is informed of:(a)cases where conflicts of jurisdiction have arisen or are likely to arise;(b)controlled deliveries affecting at least three States, at least two of which are Member States;(c)repeated difficulties or refusals regarding the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.8.   National authorities shall not be obliged in a particular case to supply information if this would mean:(a)harming essential national security interests; or(b)jeopardising the safety of individuals.9.   This Article shall be without prejudice to conditions set in bilateral or multilateral agreements or arrangements between Member States and third countries including any conditions set by third countries concerning the use of information once supplied.10.   Information transmitted to Eurojust pursuant to paragraphs 5, 6 and 7 shall at least include, where available, the types of information contained in the list provided for in the Annex.11.   Information referred to in this Article shall be transmitted to Eurojust in a structured way.12.   By 4 June 2014(*5), the Commission shall establish, on the basis of information transmitted by Eurojust, a report on the implementation of this Article, accompanied by any proposal it may deem appropriate, including with a view to considering an amendment of paragraphs 5, 6 and 7 and the Annex.(*5)OJ L 253, 29.9.2005, p. 22.’;"(*5)OJ L 253, 29.9.2005, p. 22.’;" (a) the offence involved is punishable in the requesting or issuing Member State by a custodial sentence or a detention order for a maximum period of at least five or six years, to be decided by the Member State concerned, and is included in the following list:(i)trafficking in human beings;(ii)sexual exploitation of children and child pornography;(iii)drug trafficking;(iv)trafficking in firearms, their parts and components and ammunition;(v)corruption;(vi)fraud affecting the financial interests of the European Communities;(vii)counterfeiting of the euro;(viii)money laundering;(ix)attacks against information systems;or (i) trafficking in human beings; (ii) sexual exploitation of children and child pornography; (iii) drug trafficking; (iv) trafficking in firearms, their parts and components and ammunition; (v) corruption; (vi) fraud affecting the financial interests of the European Communities; (vii) counterfeiting of the euro; (viii) money laundering; (ix) attacks against information systems; (b) there are factual indications that a criminal organisation is involved;or (c) there are indications that the case may have a serious cross-border dimension or repercussions at European Union level or that it might affect Member States other than those directly involved. (a) cases where conflicts of jurisdiction have arisen or are likely to arise; (b) controlled deliveries affecting at least three States, at least two of which are Member States; (c) repeated difficulties or refusals regarding the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition. (a) harming essential national security interests; or (b) jeopardising the safety of individuals.
(a) the offence involved is punishable in the requesting or issuing Member State by a custodial sentence or a detention order for a maximum period of at least five or six years, to be decided by the Member State concerned, and is included in the following list:(i)trafficking in human beings;(ii)sexual exploitation of children and child pornography;(iii)drug trafficking;(iv)trafficking in firearms, their parts and components and ammunition;(v)corruption;(vi)fraud affecting the financial interests of the European Communities;(vii)counterfeiting of the euro;(viii)money laundering;(ix)attacks against information systems;or (i) trafficking in human beings; (ii) sexual exploitation of children and child pornography; (iii) drug trafficking; (iv) trafficking in firearms, their parts and components and ammunition; (v) corruption; (vi) fraud affecting the financial interests of the European Communities; (vii) counterfeiting of the euro; (viii) money laundering; (ix) attacks against information systems;
(i) trafficking in human beings;
(ii) sexual exploitation of children and child pornography;
(iii) drug trafficking;
(iv) trafficking in firearms, their parts and components and ammunition;
(v) corruption;
(vi) fraud affecting the financial interests of the European Communities;
(vii) counterfeiting of the euro;
(viii) money laundering;
(ix) attacks against information systems;
(b) there are factual indications that a criminal organisation is involved;or
(c) there are indications that the case may have a serious cross-border dimension or repercussions at European Union level or that it might affect Member States other than those directly involved.
(a) cases where conflicts of jurisdiction have arisen or are likely to arise;
(b) controlled deliveries affecting at least three States, at least two of which are Member States;
(c) repeated difficulties or refusals regarding the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
(a) harming essential national security interests; or
(b) jeopardising the safety of individuals.
(a) the offence involved is punishable in the requesting or issuing Member State by a custodial sentence or a detention order for a maximum period of at least five or six years, to be decided by the Member State concerned, and is included in the following list:(i)trafficking in human beings;(ii)sexual exploitation of children and child pornography;(iii)drug trafficking;(iv)trafficking in firearms, their parts and components and ammunition;(v)corruption;(vi)fraud affecting the financial interests of the European Communities;(vii)counterfeiting of the euro;(viii)money laundering;(ix)attacks against information systems;or (i) trafficking in human beings; (ii) sexual exploitation of children and child pornography; (iii) drug trafficking; (iv) trafficking in firearms, their parts and components and ammunition; (v) corruption; (vi) fraud affecting the financial interests of the European Communities; (vii) counterfeiting of the euro; (viii) money laundering; (ix) attacks against information systems;
(i) trafficking in human beings;
(ii) sexual exploitation of children and child pornography;
(iii) drug trafficking;
(iv) trafficking in firearms, their parts and components and ammunition;
(v) corruption;
(vi) fraud affecting the financial interests of the European Communities;
(vii) counterfeiting of the euro;
(viii) money laundering;
(ix) attacks against information systems;
(i) trafficking in human beings;
(ii) sexual exploitation of children and child pornography;
(iii) drug trafficking;
(iv) trafficking in firearms, their parts and components and ammunition;
(v) corruption;
(vi) fraud affecting the financial interests of the European Communities;
(vii) counterfeiting of the euro;
(viii) money laundering;
(ix) attacks against information systems;
(b) there are factual indications that a criminal organisation is involved;or
(c) there are indications that the case may have a serious cross-border dimension or repercussions at European Union level or that it might affect Member States other than those directly involved.
(a) cases where conflicts of jurisdiction have arisen or are likely to arise;
(b) controlled deliveries affecting at least three States, at least two of which are Member States;
(c) repeated difficulties or refusals regarding the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
(a) harming essential national security interests; or
(b) jeopardising the safety of individuals.
12. the following Article shall be inserted:‘Article 13aInformation provided by Eurojust to competent national authorities1.   Eurojust shall provide competent national authorities with information and feedback on the results of the processing of information, including the existence of links with cases already stored in the Case Management System.2.   Furthermore, where a competent national authority requests Eurojust to provide it with information, Eurojust shall transmit it in the timeframe requested by that authority.’;
13. Article 14 shall be amended as follows:(a)in paragraph 3, the words ‘in accordance with Articles 13 and 26’ shall be replaced by ‘in accordance with Articles 13, 26 and 26a’;(b)paragraph 4 shall be deleted; (a) in paragraph 3, the words ‘in accordance with Articles 13 and 26’ shall be replaced by ‘in accordance with Articles 13, 26 and 26a’; (b) paragraph 4 shall be deleted;
(a) in paragraph 3, the words ‘in accordance with Articles 13 and 26’ shall be replaced by ‘in accordance with Articles 13, 26 and 26a’;
(b) paragraph 4 shall be deleted;
(a) in paragraph 3, the words ‘in accordance with Articles 13 and 26’ shall be replaced by ‘in accordance with Articles 13, 26 and 26a’;
(b) paragraph 4 shall be deleted;
14. Article 15(1) shall be amended as follows:(a)in the introductory phrase the words ‘are the subject of a criminal investigation or prosecution for one or more of the types of crime and the offences defined in Article 4’ shall be replaced by ‘are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent or who have been convicted of such an offence’;(b)the following points shall be added:‘(l)telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6);(m)vehicle registration data;(n)DNA profiles established from the non-coding part of DNA, photographs and fingerprints.(*6)OJ L 105, 13.4.2006, p. 54.’;" (a) in the introductory phrase the words ‘are the subject of a criminal investigation or prosecution for one or more of the types of crime and the offences defined in Article 4’ shall be replaced by ‘are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent or who have been convicted of such an offence’; (b) the following points shall be added:‘(l)telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6);(m)vehicle registration data;(n)DNA profiles established from the non-coding part of DNA, photographs and fingerprints.(*6)OJ L 105, 13.4.2006, p. 54.’;" ‘(l) telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6); (m) vehicle registration data; (n) DNA profiles established from the non-coding part of DNA, photographs and fingerprints.
(a) in the introductory phrase the words ‘are the subject of a criminal investigation or prosecution for one or more of the types of crime and the offences defined in Article 4’ shall be replaced by ‘are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent or who have been convicted of such an offence’;
(b) the following points shall be added:‘(l)telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6);(m)vehicle registration data;(n)DNA profiles established from the non-coding part of DNA, photographs and fingerprints.(*6)OJ L 105, 13.4.2006, p. 54.’;" ‘(l) telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6); (m) vehicle registration data; (n) DNA profiles established from the non-coding part of DNA, photographs and fingerprints.
‘(l) telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6);
(m) vehicle registration data;
(n) DNA profiles established from the non-coding part of DNA, photographs and fingerprints.
(a) in the introductory phrase the words ‘are the subject of a criminal investigation or prosecution for one or more of the types of crime and the offences defined in Article 4’ shall be replaced by ‘are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent or who have been convicted of such an offence’;
(b) the following points shall be added:‘(l)telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6);(m)vehicle registration data;(n)DNA profiles established from the non-coding part of DNA, photographs and fingerprints.(*6)OJ L 105, 13.4.2006, p. 54.’;" ‘(l) telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6); (m) vehicle registration data; (n) DNA profiles established from the non-coding part of DNA, photographs and fingerprints.
‘(l) telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6);
(m) vehicle registration data;
(n) DNA profiles established from the non-coding part of DNA, photographs and fingerprints.
‘(l) telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6);
(m) vehicle registration data;
(n) DNA profiles established from the non-coding part of DNA, photographs and fingerprints.
15. Article 16 shall be replaced by the following:‘Article 16Case Management System, index and temporary work files1.   In accordance with this Decision, Eurojust shall establish a Case Management System composed of temporary work files and of an index which contain personal and non-personal data.2.   The Case Management System shall be intended to:(a)support the management and coordination of investigations and prosecutions for which Eurojust is providing assistance, in particular by the cross-referencing of information;(b)facilitate access to information on ongoing investigations and prosecutions;(c)facilitate the monitoring of lawfulness and compliance with the provisions of this Decision concerning the processing of personal data.3.   The Case Management System, in so far as this is in conformity with rules on data protection contained in this Decision, may be linked to the secure telecommunications connection referred to in Article 9 of Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network(*7).4.   The index shall contain references to temporary work files processed within the framework of Eurojust and may contain no personal data other than those referred to in Article 15(1)(a) to (i), (k) and (m) and in Article 15(2).5.   In the performance of their duties in accordance with this Decision, the national members of Eurojust may process data on the individual cases on which they are working in a temporary work file. They shall allow the Data Protection Officer to have access to the work file. The Data Protection Officer shall be informed by the national member concerned of the opening of each new temporary work file that contains personal data.6.   For the processing of case related personal data, Eurojust may not establish any automated data file other than the Case Management System.(*7)OJ L 348, 24.12.2008, p. 130.’;" (a) support the management and coordination of investigations and prosecutions for which Eurojust is providing assistance, in particular by the cross-referencing of information; (b) facilitate access to information on ongoing investigations and prosecutions; (c) facilitate the monitoring of lawfulness and compliance with the provisions of this Decision concerning the processing of personal data.
(a) support the management and coordination of investigations and prosecutions for which Eurojust is providing assistance, in particular by the cross-referencing of information;
(b) facilitate access to information on ongoing investigations and prosecutions;
(c) facilitate the monitoring of lawfulness and compliance with the provisions of this Decision concerning the processing of personal data.
(a) support the management and coordination of investigations and prosecutions for which Eurojust is providing assistance, in particular by the cross-referencing of information;
(b) facilitate access to information on ongoing investigations and prosecutions;
(c) facilitate the monitoring of lawfulness and compliance with the provisions of this Decision concerning the processing of personal data.
16. the following Articles shall be inserted:‘Article 16aFunctioning of temporary work files and the index1.   A temporary work file shall be opened by the national member concerned for every case with respect to which information is transmitted to him in so far as this transmission is in accordance with this Decision or with instruments referred to in Article 13(4). The national member shall be responsible for the management of the temporary work files which he has opened.2.   The national member who has opened a temporary work file shall decide, on a case-by-case basis, whether to keep the temporary work file restricted or to give access to it or to parts of it, where necessary to enable Eurojust to carry out its tasks, to other national members or to authorised Eurojust staff.3.   The national member who has opened a temporary work file shall decide which information related to this temporary work file shall be introduced in the index.Article 16bAccess to the Case Management System at national level1.   Persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6) may only have access to:(a)the index, unless the national member who has decided to introduce the data in the index expressly denied such access;(b)temporary work files opened or managed by the national member of their Member State;(c)temporary work files opened or managed by national members of other Member States and to which the national member of their Member States has received access unless the national member who opened or manages the temporary work file expressly denied such access.2.   The national member shall, within the limitations provided for in paragraph 1, decide on the extent of access to the temporary work files which is granted in his Member State to persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6).3.   Each Member State shall decide, after consultation with its national member, on the extent of access to the index which is granted in that Member State to persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6). Member States shall notify Eurojust and the General Secretariat of the Council of their decision regarding the implementation of this paragraph so that the latter can inform the other Member States.However, persons referred to in Article 12(2), in so far as they are connected to the Case Management System in accordance with Article 12(6), shall at least have access to the index to the extent necessary to access the temporary work files to which they have been granted access in accordance with paragraph 2 of this Article.4.   By 4 June 2013, Eurojust shall report to the Council and the Commission on the implementation of paragraph 3. Each Member State shall consider, on the basis of that report, the opportunity to review the extent of access provided in accordance with paragraph 3.’; (a) the index, unless the national member who has decided to introduce the data in the index expressly denied such access; (b) temporary work files opened or managed by the national member of their Member State; (c) temporary work files opened or managed by national members of other Member States and to which the national member of their Member States has received access unless the national member who opened or manages the temporary work file expressly denied such access.
(a) the index, unless the national member who has decided to introduce the data in the index expressly denied such access;
(b) temporary work files opened or managed by the national member of their Member State;
(c) temporary work files opened or managed by national members of other Member States and to which the national member of their Member States has received access unless the national member who opened or manages the temporary work file expressly denied such access.
(a) the index, unless the national member who has decided to introduce the data in the index expressly denied such access;
(b) temporary work files opened or managed by the national member of their Member State;
(c) temporary work files opened or managed by national members of other Member States and to which the national member of their Member States has received access unless the national member who opened or manages the temporary work file expressly denied such access.
17. Article 17 shall be amended as follows:(a)in paragraph 1, the words ‘take instructions from no-one’ shall be replaced by ‘act independently’;(b)in paragraphs 3 and 4, the words ‘the Officer’ shall be replaced by ‘the Data Protection Officer’; (a) in paragraph 1, the words ‘take instructions from no-one’ shall be replaced by ‘act independently’; (b) in paragraphs 3 and 4, the words ‘the Officer’ shall be replaced by ‘the Data Protection Officer’;
(a) in paragraph 1, the words ‘take instructions from no-one’ shall be replaced by ‘act independently’;
(b) in paragraphs 3 and 4, the words ‘the Officer’ shall be replaced by ‘the Data Protection Officer’;
(a) in paragraph 1, the words ‘take instructions from no-one’ shall be replaced by ‘act independently’;
(b) in paragraphs 3 and 4, the words ‘the Officer’ shall be replaced by ‘the Data Protection Officer’;
18. Article 18 shall be replaced by the following:‘Article 18Authorised access to personal dataOnly national members, their deputies and their assistants referred to in Article 2(2), persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6) and authorised Eurojust staff may, for the purpose of achieving Eurojust’s objectives and within the limits provided for in Articles 16, 16a and 16b, have access to personal data processed by Eurojust.’;
19. in Article 19(4)(b), the words ‘which Eurojust is assisting’ shall be deleted;
20. Article 21 shall be amended as follows:(a)paragraph 2 shall be amended as follows:(i)in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’;(ii)the following point shall be inserted:‘(aa)the date on which the person was acquitted and the decision became final;’(iii)point (b) shall be replaced by the following:‘(b)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’(iv)in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’;(v)the following point shall be added:‘(d)three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’(b)paragraph 3 shall be amended as follows:(i)in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’;(ii)in point (b) the following sentence shall be added:‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’; (a) paragraph 2 shall be amended as follows:(i)in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’;(ii)the following point shall be inserted:‘(aa)the date on which the person was acquitted and the decision became final;’(iii)point (b) shall be replaced by the following:‘(b)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’(iv)in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’;(v)the following point shall be added:‘(d)three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’ (i) in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’; (ii) the following point shall be inserted:‘(aa)the date on which the person was acquitted and the decision became final;’ ‘(aa) the date on which the person was acquitted and the decision became final;’ (iii) point (b) shall be replaced by the following:‘(b)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’ ‘(b) three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’ (iv) in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’; (v) the following point shall be added:‘(d)three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’ ‘(d) three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’ (b) paragraph 3 shall be amended as follows:(i)in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’;(ii)in point (b) the following sentence shall be added:‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’; (i) in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’; (ii) in point (b) the following sentence shall be added:‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’;
(a) paragraph 2 shall be amended as follows:(i)in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’;(ii)the following point shall be inserted:‘(aa)the date on which the person was acquitted and the decision became final;’(iii)point (b) shall be replaced by the following:‘(b)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’(iv)in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’;(v)the following point shall be added:‘(d)three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’ (i) in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’; (ii) the following point shall be inserted:‘(aa)the date on which the person was acquitted and the decision became final;’ ‘(aa) the date on which the person was acquitted and the decision became final;’ (iii) point (b) shall be replaced by the following:‘(b)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’ ‘(b) three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’ (iv) in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’; (v) the following point shall be added:‘(d)three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’ ‘(d) three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
(i) in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’;
(ii) the following point shall be inserted:‘(aa)the date on which the person was acquitted and the decision became final;’ ‘(aa) the date on which the person was acquitted and the decision became final;’
‘(aa) the date on which the person was acquitted and the decision became final;’
(iii) point (b) shall be replaced by the following:‘(b)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’ ‘(b) three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’
‘(b) three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’
(iv) in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’;
(v) the following point shall be added:‘(d)three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’ ‘(d) three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
‘(d) three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
(b) paragraph 3 shall be amended as follows:(i)in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’;(ii)in point (b) the following sentence shall be added:‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’; (i) in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’; (ii) in point (b) the following sentence shall be added:‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’;
(i) in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’;
(ii) in point (b) the following sentence shall be added:‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’;
(a) paragraph 2 shall be amended as follows:(i)in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’;(ii)the following point shall be inserted:‘(aa)the date on which the person was acquitted and the decision became final;’(iii)point (b) shall be replaced by the following:‘(b)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’(iv)in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’;(v)the following point shall be added:‘(d)three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’ (i) in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’; (ii) the following point shall be inserted:‘(aa)the date on which the person was acquitted and the decision became final;’ ‘(aa) the date on which the person was acquitted and the decision became final;’ (iii) point (b) shall be replaced by the following:‘(b)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’ ‘(b) three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’ (iv) in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’; (v) the following point shall be added:‘(d)three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’ ‘(d) three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
(i) in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’;
(ii) the following point shall be inserted:‘(aa)the date on which the person was acquitted and the decision became final;’ ‘(aa) the date on which the person was acquitted and the decision became final;’
‘(aa) the date on which the person was acquitted and the decision became final;’
(iii) point (b) shall be replaced by the following:‘(b)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’ ‘(b) three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’
‘(b) three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’
(iv) in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’;
(v) the following point shall be added:‘(d)three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’ ‘(d) three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
‘(d) three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
(i) in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’;
(ii) the following point shall be inserted:‘(aa)the date on which the person was acquitted and the decision became final;’ ‘(aa) the date on which the person was acquitted and the decision became final;’
‘(aa) the date on which the person was acquitted and the decision became final;’
‘(aa) the date on which the person was acquitted and the decision became final;’
(iii) point (b) shall be replaced by the following:‘(b)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’ ‘(b) three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’
‘(b) three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’
‘(b) three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’
(iv) in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’;
(v) the following point shall be added:‘(d)three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’ ‘(d) three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
‘(d) three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
‘(d) three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
(b) paragraph 3 shall be amended as follows:(i)in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’;(ii)in point (b) the following sentence shall be added:‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’; (i) in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’; (ii) in point (b) the following sentence shall be added:‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’;
(i) in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’;
(ii) in point (b) the following sentence shall be added:‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’;
(i) in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’;
(ii) in point (b) the following sentence shall be added:‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’;
21. Article 23 shall be amended as follows:(a)paragraph 1 shall be amended as follows:(i)in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’;(ii)the second subparagraph shall be replaced by the following:‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’;(iii)in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’;(b)paragraph 3 shall be replaced by the following:‘3.   A judge appointed by a Member State shall become a permanent member after being elected by the plenary meeting of the persons appointed by the Member States in accordance with paragraph 1, and shall remain a permanent member for three years. Elections shall be held yearly for one permanent member of the Joint Supervisory Body by means of secret ballot. The Joint Supervisory Body shall be chaired by the member who is in his third year of mandate after elections. Permanent members may be re-elected. Appointees wishing to be elected shall present their candidacy in writing to the Secretariat of the Joint Supervisory Body 10 days before the meeting in which the election is to take place.’;(c)the following paragraph shall be inserted:‘4a.   The Joint Supervisory Body shall adopt in its rules of procedure measures necessary to implement paragraphs 3 and 4.’;(d)in paragraph 10, the following sentence shall be added:‘The Secretariat of the Joint Supervisory Body may rely upon the expertise of the secretariat established by Decision 2000/641/JHA(*8).(*8)Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention) (OJ L 271, 24.10.2000, p. 1).’;" (a) paragraph 1 shall be amended as follows:(i)in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’;(ii)the second subparagraph shall be replaced by the following:‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’;(iii)in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’; (i) in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’; (ii) the second subparagraph shall be replaced by the following:‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’; (iii) in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’; (b) paragraph 3 shall be replaced by the following:‘3.   A judge appointed by a Member State shall become a permanent member after being elected by the plenary meeting of the persons appointed by the Member States in accordance with paragraph 1, and shall remain a permanent member for three years. Elections shall be held yearly for one permanent member of the Joint Supervisory Body by means of secret ballot. The Joint Supervisory Body shall be chaired by the member who is in his third year of mandate after elections. Permanent members may be re-elected. Appointees wishing to be elected shall present their candidacy in writing to the Secretariat of the Joint Supervisory Body 10 days before the meeting in which the election is to take place.’; (c) the following paragraph shall be inserted:‘4a.   The Joint Supervisory Body shall adopt in its rules of procedure measures necessary to implement paragraphs 3 and 4.’; (d) in paragraph 10, the following sentence shall be added:‘The Secretariat of the Joint Supervisory Body may rely upon the expertise of the secretariat established by Decision 2000/641/JHA(*8).(*8)Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention) (OJ L 271, 24.10.2000, p. 1).’;"
(a) paragraph 1 shall be amended as follows:(i)in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’;(ii)the second subparagraph shall be replaced by the following:‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’;(iii)in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’; (i) in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’; (ii) the second subparagraph shall be replaced by the following:‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’; (iii) in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’;
(i) in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’;
(ii) the second subparagraph shall be replaced by the following:‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’;
(iii) in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’;
(b) paragraph 3 shall be replaced by the following:‘3.   A judge appointed by a Member State shall become a permanent member after being elected by the plenary meeting of the persons appointed by the Member States in accordance with paragraph 1, and shall remain a permanent member for three years. Elections shall be held yearly for one permanent member of the Joint Supervisory Body by means of secret ballot. The Joint Supervisory Body shall be chaired by the member who is in his third year of mandate after elections. Permanent members may be re-elected. Appointees wishing to be elected shall present their candidacy in writing to the Secretariat of the Joint Supervisory Body 10 days before the meeting in which the election is to take place.’;
(c) the following paragraph shall be inserted:‘4a.   The Joint Supervisory Body shall adopt in its rules of procedure measures necessary to implement paragraphs 3 and 4.’;
(d) in paragraph 10, the following sentence shall be added:‘The Secretariat of the Joint Supervisory Body may rely upon the expertise of the secretariat established by Decision 2000/641/JHA(*8).(*8)Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention) (OJ L 271, 24.10.2000, p. 1).’;"
(a) paragraph 1 shall be amended as follows:(i)in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’;(ii)the second subparagraph shall be replaced by the following:‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’;(iii)in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’; (i) in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’; (ii) the second subparagraph shall be replaced by the following:‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’; (iii) in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’;
(i) in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’;
(ii) the second subparagraph shall be replaced by the following:‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’;
(iii) in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’;
(i) in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’;
(ii) the second subparagraph shall be replaced by the following:‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’;
(iii) in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’;
(b) paragraph 3 shall be replaced by the following:‘3.   A judge appointed by a Member State shall become a permanent member after being elected by the plenary meeting of the persons appointed by the Member States in accordance with paragraph 1, and shall remain a permanent member for three years. Elections shall be held yearly for one permanent member of the Joint Supervisory Body by means of secret ballot. The Joint Supervisory Body shall be chaired by the member who is in his third year of mandate after elections. Permanent members may be re-elected. Appointees wishing to be elected shall present their candidacy in writing to the Secretariat of the Joint Supervisory Body 10 days before the meeting in which the election is to take place.’;
(c) the following paragraph shall be inserted:‘4a.   The Joint Supervisory Body shall adopt in its rules of procedure measures necessary to implement paragraphs 3 and 4.’;
(d) in paragraph 10, the following sentence shall be added:‘The Secretariat of the Joint Supervisory Body may rely upon the expertise of the secretariat established by Decision 2000/641/JHA(*8).(*8)Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention) (OJ L 271, 24.10.2000, p. 1).’;"
22. Article 25 shall be amended as follows:(a)paragraph 1 shall be replaced by the following:‘1.   The national members, their deputies and their assistants referred to in Article 2(2), Eurojust staff, national correspondents and the Data Protection Officer shall be bound by an obligation of confidentiality, without prejudice to Article 2(4).’;(b)in paragraph 4, the words ‘Article 9(1)’ shall be replaced by ‘Article 2(4)’. (a) paragraph 1 shall be replaced by the following:‘1.   The national members, their deputies and their assistants referred to in Article 2(2), Eurojust staff, national correspondents and the Data Protection Officer shall be bound by an obligation of confidentiality, without prejudice to Article 2(4).’; (b) in paragraph 4, the words ‘Article 9(1)’ shall be replaced by ‘Article 2(4)’.
(a) paragraph 1 shall be replaced by the following:‘1.   The national members, their deputies and their assistants referred to in Article 2(2), Eurojust staff, national correspondents and the Data Protection Officer shall be bound by an obligation of confidentiality, without prejudice to Article 2(4).’;
(b) in paragraph 4, the words ‘Article 9(1)’ shall be replaced by ‘Article 2(4)’.
(a) paragraph 1 shall be replaced by the following:‘1.   The national members, their deputies and their assistants referred to in Article 2(2), Eurojust staff, national correspondents and the Data Protection Officer shall be bound by an obligation of confidentiality, without prejudice to Article 2(4).’;
(b) in paragraph 4, the words ‘Article 9(1)’ shall be replaced by ‘Article 2(4)’.
23. the following Article shall be inserted:‘Article 25aCooperation with the European Judicial Network and other networks of the European Union involved in cooperation in criminal matters1.   Eurojust and the European Judicial Network shall maintain privileged relations with each other, based on consultation and complementarity, especially between the national member, the European Judicial Network contact points of the same Member State and the national correspondents for Eurojust and the European Judicial Network. In order to ensure efficient cooperation, the following measures shall be taken:(a)national members shall, on a case-by-case basis, inform the European Judicial Network contact points of all cases which they consider the Network to be in a better position to deal with;(b)the Secretariat of the European Judicial Network shall form part of the staff of Eurojust. It shall function as a separate unit. It may draw on the administrative resources of Eurojust which are necessary for the performance of the European Judicial Network’s tasks, including for covering the costs of the plenary meetings of the Network. Where plenary meetings are held at the premises of the Council in Brussels, the costs may only cover travel expenses and costs for interpretation. Where plenary meetings are held in the Member State holding the Presidency of the Council, the costs may only cover part of the overall costs of the meeting;(c)European Judicial Network contact points may be invited on a case-by-case basis to attend Eurojust meetings.2.   Without prejudice to Article 4(1), the Secretariat of the Network for Joint Investigation Teams and of the network set up by Decision 2002/494/JHA shall form part of the staff of Eurojust. These secretariats shall function as separate units. They may draw on the administrative resources of Eurojust which are necessary for the performance of their tasks. Coordination between the secretariats shall be ensured by Eurojust.This paragraph shall apply to the secretariat of any new network set up by a decision of the Council where that decision provides that the secretariat shall be provided by Eurojust.3.   The network set up by Decision 2008/852/JHA may request that Eurojust provide a secretariat to the network. If such request is made, paragraph 2 shall apply.’; (a) national members shall, on a case-by-case basis, inform the European Judicial Network contact points of all cases which they consider the Network to be in a better position to deal with; (b) the Secretariat of the European Judicial Network shall form part of the staff of Eurojust. It shall function as a separate unit. It may draw on the administrative resources of Eurojust which are necessary for the performance of the European Judicial Network’s tasks, including for covering the costs of the plenary meetings of the Network. Where plenary meetings are held at the premises of the Council in Brussels, the costs may only cover travel expenses and costs for interpretation. Where plenary meetings are held in the Member State holding the Presidency of the Council, the costs may only cover part of the overall costs of the meeting; (c) European Judicial Network contact points may be invited on a case-by-case basis to attend Eurojust meetings.
(a) national members shall, on a case-by-case basis, inform the European Judicial Network contact points of all cases which they consider the Network to be in a better position to deal with;
(b) the Secretariat of the European Judicial Network shall form part of the staff of Eurojust. It shall function as a separate unit. It may draw on the administrative resources of Eurojust which are necessary for the performance of the European Judicial Network’s tasks, including for covering the costs of the plenary meetings of the Network. Where plenary meetings are held at the premises of the Council in Brussels, the costs may only cover travel expenses and costs for interpretation. Where plenary meetings are held in the Member State holding the Presidency of the Council, the costs may only cover part of the overall costs of the meeting;
(c) European Judicial Network contact points may be invited on a case-by-case basis to attend Eurojust meetings.
(a) national members shall, on a case-by-case basis, inform the European Judicial Network contact points of all cases which they consider the Network to be in a better position to deal with;
(b) the Secretariat of the European Judicial Network shall form part of the staff of Eurojust. It shall function as a separate unit. It may draw on the administrative resources of Eurojust which are necessary for the performance of the European Judicial Network’s tasks, including for covering the costs of the plenary meetings of the Network. Where plenary meetings are held at the premises of the Council in Brussels, the costs may only cover travel expenses and costs for interpretation. Where plenary meetings are held in the Member State holding the Presidency of the Council, the costs may only cover part of the overall costs of the meeting;
(c) European Judicial Network contact points may be invited on a case-by-case basis to attend Eurojust meetings.
24. Article 26 shall be replaced by the following:‘Article 26Relations with Community or Union related institutions, bodies and agencies1.   In so far as is relevant for the performance of its tasks, Eurojust may establish and maintain cooperative relations with the institutions, bodies and agencies set up by, or on the basis of, the Treaties establishing the European Communities or the Treaty on European Union. Eurojust shall establish and maintain cooperative relations with at least:(a)Europol;(b)OLAF;(c)the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex);(d)the Council, in particular its Joint Situation Centre.Eurojust shall also establish and maintain cooperative relations with the European Judicial Training Network.2.   Eurojust may conclude agreements or working arrangements with the entities referred to in paragraph 1. Such agreements or working arrangements may, in particular, concern the exchange of information, including personal data, and the secondment of liaison officers to Eurojust. Such agreements or working arrangements may only be concluded after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council, acting by qualified majority. Eurojust shall inform the Council of any plans it has for entering into any such negotiations and the Council may draw any conclusions it deems appropriate.3.   Prior to the entry into force of an agreement or arrangement as referred to in paragraph 2, Eurojust may directly receive and use information, including personal data, from the entities referred to in paragraph 1, in so far as this is necessary for the legitimate performance of its tasks, and it may directly transmit information, including personal data, to such entities, in so far as this is necessary for the legitimate performance of the recipient’s tasks and in accordance with the rules on data protection provided in this Decision.4.   OLAF may contribute to Eurojust’s work to coordinate investigations and prosecution procedures regarding the protection of the financial interests of the European Communities, either on the initiative of Eurojust or at the request of OLAF where the competent national authorities concerned do not oppose such participation.5.   For purposes of the receipt and transmission of information between Eurojust and OLAF, and without prejudice to Article 9, Member States shall ensure that the national members of Eurojust shall be regarded as competent authorities of the Member States solely for the purposes of Regulation (EC) No 1073/1999 and Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(*9). The exchange of information between OLAF and national members shall be without prejudice to the information which must be given to other competent authorities under those Regulations.(*9)OJ L 136, 31.5.1999, p. 8.’;" (a) Europol; (b) OLAF; (c) the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex); (d) the Council, in particular its Joint Situation Centre.
(a) Europol;
(b) OLAF;
(c) the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex);
(d) the Council, in particular its Joint Situation Centre.
(a) Europol;
(b) OLAF;
(c) the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex);
(d) the Council, in particular its Joint Situation Centre.
25. the following Article shall be inserted:‘Article 26aRelations with third States and organisations1.   In so far as is required for the performance of its tasks, Eurojust may establish and maintain cooperative relations with the following entities:(a)third States;(b)organisations such as:(i)international organisations and their subordinate bodies governed by public law;(ii)other bodies governed by public law which are based on an agreement between two or more States; and(iii)the International Criminal Police Organisation (Interpol).2.   Eurojust may conclude agreements with the entities referred to in paragraph 1. Such agreements may, in particular, concern the exchange of information, including personal data, and the secondment of liaison officers or liaison magistrates to Eurojust. Such agreements may only be concluded after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council, acting by qualified majority. Eurojust shall inform the Council of any plans it has for entering into any such negotiations and the Council may draw any conclusions it deems appropriate.3.   Agreements referred to in paragraph 2 containing provisions on the exchange of personal data may only be concluded if the entity concerned is subject to the Council of Europe Convention of 28 January 1981 or after an assessment confirming the existence of an adequate level of data protection ensured by that entity.4.   Agreements referred to in paragraph 2 shall include provisions on the monitoring of their implementation, including implementation of the rules on data protection.5.   Prior to the entry into force of the agreements referred to in paragraph 2, Eurojust may directly receive information, including personal data in so far as this is necessary for the legitimate performance of its tasks.6.   Prior to the entry into force of the agreements referred to in paragraph 2, Eurojust may under the conditions laid down in Article 27(1), directly transmit information, except for personal data, to these entities, in so far as this is necessary for the legitimate performance of the recipient’s tasks.7.   Eurojust may, under the conditions laid down in Article 27(1), transmit personal data to the entities referred to in paragraph 1, where:(a)this is necessary in individual cases for the purposes of preventing or combating criminal offences for which Eurojust is competent; and(b)Eurojust has concluded an agreement as referred to in paragraph 2 with the entity concerned which has entered into force and which permits the transmission of such data.8.   Any subsequent failure, or substantial likelihood of failure, on the part of the entities referred to in paragraph 1 to meet the conditions referred to in paragraph 3, shall immediately be communicated by Eurojust to the Joint Supervisory Body and the Member States concerned. The Joint Supervisory Body may prevent the further exchange of personal data with the relevant entities until it is satisfied that adequate remedies have been provided.9.   However, even if the conditions referred to in paragraph 7 are not fulfilled, a national member may, acting in his capacity as a competent national authority and in conformity with the provisions of his own national law, by way of exception and with the sole aim of taking urgent measures to counter imminent serious danger threatening a person or public security, carry out an exchange of information involving personal data. The national member shall be responsible for the legality of authorising the communication. The national member shall keep a record of communications of data and of the grounds for such communications. The communication of data shall be authorised only if the recipient gives an undertaking that the data will be used only for the purpose for which they were communicated.’ (a) third States; (b) organisations such as:(i)international organisations and their subordinate bodies governed by public law;(ii)other bodies governed by public law which are based on an agreement between two or more States; and(iii)the International Criminal Police Organisation (Interpol). (i) international organisations and their subordinate bodies governed by public law; (ii) other bodies governed by public law which are based on an agreement between two or more States; and (iii) the International Criminal Police Organisation (Interpol). (a) this is necessary in individual cases for the purposes of preventing or combating criminal offences for which Eurojust is competent; and (b) Eurojust has concluded an agreement as referred to in paragraph 2 with the entity concerned which has entered into force and which permits the transmission of such data.
(a) third States;
(b) organisations such as:(i)international organisations and their subordinate bodies governed by public law;(ii)other bodies governed by public law which are based on an agreement between two or more States; and(iii)the International Criminal Police Organisation (Interpol). (i) international organisations and their subordinate bodies governed by public law; (ii) other bodies governed by public law which are based on an agreement between two or more States; and (iii) the International Criminal Police Organisation (Interpol).
(i) international organisations and their subordinate bodies governed by public law;
(ii) other bodies governed by public law which are based on an agreement between two or more States; and
(iii) the International Criminal Police Organisation (Interpol).
(a) this is necessary in individual cases for the purposes of preventing or combating criminal offences for which Eurojust is competent; and
(b) Eurojust has concluded an agreement as referred to in paragraph 2 with the entity concerned which has entered into force and which permits the transmission of such data.
(a) third States;
(b) organisations such as:(i)international organisations and their subordinate bodies governed by public law;(ii)other bodies governed by public law which are based on an agreement between two or more States; and(iii)the International Criminal Police Organisation (Interpol). (i) international organisations and their subordinate bodies governed by public law; (ii) other bodies governed by public law which are based on an agreement between two or more States; and (iii) the International Criminal Police Organisation (Interpol).
(i) international organisations and their subordinate bodies governed by public law;
(ii) other bodies governed by public law which are based on an agreement between two or more States; and
(iii) the International Criminal Police Organisation (Interpol).
(i) international organisations and their subordinate bodies governed by public law;
(ii) other bodies governed by public law which are based on an agreement between two or more States; and
(iii) the International Criminal Police Organisation (Interpol).
(a) this is necessary in individual cases for the purposes of preventing or combating criminal offences for which Eurojust is competent; and
(b) Eurojust has concluded an agreement as referred to in paragraph 2 with the entity concerned which has entered into force and which permits the transmission of such data.
26. Article 27 shall be replaced by the following:‘Article 27Transmission of data1.   Before Eurojust exchanges any information with the entities referred to in Article 26a, the national member of the Member State which submitted the information shall give his consent to the transfer of that information. In appropriate cases the national member shall consult the competent authorities of the Member States.2.   Eurojust shall be responsible for the legality of the transmission of data. Eurojust shall keep a record of all transmissions of data under Articles 26 and 26a and of the grounds for such transmissions. Data shall only be transmitted if the recipient gives an undertaking that the data will be used only for the purpose for which they were transmitted.’;
27. the following Articles shall be inserted:‘Article 27aLiaison magistrates posted to third States1.   For the purpose of facilitating judicial cooperation with third States in cases in which Eurojust is providing assistance in accordance with this Decision, the College may post liaison magistrates to a third State, subject to an agreement as referred to in Article 26a with that third State. Before negotiations are entered into with a third State, the Council, acting by qualified majority, shall give its approval. Eurojust shall inform the Council of any plans it has for entering into any such negotiations and the Council may draw any conclusions it deems appropriate.2.   The liaison magistrate referred to in paragraph 1 is required to have experience of working with Eurojust and adequate knowledge of judicial cooperation and how Eurojust operates. The posting of a liaison magistrate on behalf of Eurojust shall be subject to the prior consent of the magistrate and of his Member State.3.   Where the liaison magistrate posted by Eurojust is selected among national members, deputies or assistants:(i)he shall be replaced in his function as a national member, deputy or assistant, by the Member State;(ii)he ceases to be entitled to exercise the powers granted to him in accordance with Articles 9a to 9e.4.   Without prejudice to Article 110 of the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68(*10), the College shall draw up rules on the posting of liaison magistrates and adopt the necessary implementing arrangements in this respect in consultation with the Commission.5.   The activities of liaison magistrates posted by Eurojust shall be the subject of supervision by the Joint Supervisory Body. The liaison magistrates shall report to the College, which shall inform the European Parliament and the Council in the annual report and in an appropriate manner of their activities. The liaison magistrates shall inform national members and national competent authorities of all cases concerning their Member State.6.   Competent authorities of the Member States and liaison magistrates referred to in paragraph 1 may contact each other directly. In such cases, the liaison magistrate shall inform the national member concerned of such contacts.7.   The liaison magistrates referred to in paragraph 1 shall be connected to the Case Management System.Article 27bRequests for judicial cooperation to and from third States1.   Eurojust may, with the agreement of the Member States concerned, coordinate the execution of requests for judicial cooperation issued by a third State where these requests are part of the same investigation and require execution in at least two Member States. Requests referred to in this paragraph may also be transmitted to Eurojust by a competent national authority.2.   In case of urgency and in accordance with Article 5a, the OCC may receive and process requests referred to in paragraph 1 of this Article and issued by a third State which has concluded a cooperation agreement with Eurojust.3.   Without prejudice to Article 3(2), where requests for judicial cooperation, which relate to the same investigation and require execution in a third State, are made, Eurojust may also, with the agreement of the Member States concerned, facilitate judicial cooperation with that third State.4.   Requests referred to in paragraphs 1, 2 and 3 may be transmitted through Eurojust if it is in conformity with the instruments applicable to the relationship between that third State and the European Union or the Member States concerned.Article 27cLiability other than liability for unauthorised or incorrect processing of data1.   Eurojust’s contractual liability shall be governed by the law applicable to the contract in question.2.   In the case of non-contractual liability, Eurojust shall, independently of any liability under Article 24, make good any damage caused through the fault of the College or the staff of Eurojust in the performance of their duties in so far as it may be imputed to them and regardless of the different procedures for claiming damages which exist under the law of the Member States.3.   Paragraph 2 shall also apply to damage caused through the fault of a national member, a deputy or an assistant in the performance of his duties. However, when he is acting on the basis of the powers granted to him pursuant to Articles 9a to 9e, his Member State of origin shall reimburse Eurojust the sums which Eurojust has paid to make good such damage.4.   The injured party shall have the right to demand that Eurojust refrain from taking, or cease, any action.5.   The national courts of the Member States competent to deal with disputes involving Eurojust’s liability as referred to in this Article shall be determined by reference to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(*11).(*10)OJ L 56, 4.3.1968, p. 1."(*11)OJ L 12, 16.1.2001, p. 1.’;" (i) he shall be replaced in his function as a national member, deputy or assistant, by the Member State; (ii) he ceases to be entitled to exercise the powers granted to him in accordance with Articles 9a to 9e.
(i) he shall be replaced in his function as a national member, deputy or assistant, by the Member State;
(ii) he ceases to be entitled to exercise the powers granted to him in accordance with Articles 9a to 9e.
(i) he shall be replaced in his function as a national member, deputy or assistant, by the Member State;
(ii) he ceases to be entitled to exercise the powers granted to him in accordance with Articles 9a to 9e.
28. in the second sentence of Article 28(2), the words ‘acting by qualified majority,’ shall be inserted after ‘the Council’;
29. Article 29 shall be amended as follows:(a)in paragraph 1:(i)the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’;(ii)the following sentence shall be added:‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’;(b)in paragraph 2, the second sentence shall be replaced by the following:‘It may be extended once without a need for a call for applications, provided that the College so decides by a three-fourths majority and appoints the Administrative Director with the same majority.’;(c)in paragraph 5, the following sentence shall be added:‘To that end, he shall be responsible for establishing and implementing, in cooperation with the College, an effective monitoring and evaluation procedure relating to the performance of Eurojust’s administration in terms of achieving its objectives. The Administrative Director shall report regularly to the College on the results of that monitoring.’; (a) in paragraph 1:(i)the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’;(ii)the following sentence shall be added:‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’; (i) the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’; (ii) the following sentence shall be added:‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’; (b) in paragraph 2, the second sentence shall be replaced by the following:‘It may be extended once without a need for a call for applications, provided that the College so decides by a three-fourths majority and appoints the Administrative Director with the same majority.’; (c) in paragraph 5, the following sentence shall be added:‘To that end, he shall be responsible for establishing and implementing, in cooperation with the College, an effective monitoring and evaluation procedure relating to the performance of Eurojust’s administration in terms of achieving its objectives. The Administrative Director shall report regularly to the College on the results of that monitoring.’;
(a) in paragraph 1:(i)the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’;(ii)the following sentence shall be added:‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’; (i) the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’; (ii) the following sentence shall be added:‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’;
(i) the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’;
(ii) the following sentence shall be added:‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’;
(b) in paragraph 2, the second sentence shall be replaced by the following:‘It may be extended once without a need for a call for applications, provided that the College so decides by a three-fourths majority and appoints the Administrative Director with the same majority.’;
(c) in paragraph 5, the following sentence shall be added:‘To that end, he shall be responsible for establishing and implementing, in cooperation with the College, an effective monitoring and evaluation procedure relating to the performance of Eurojust’s administration in terms of achieving its objectives. The Administrative Director shall report regularly to the College on the results of that monitoring.’;
(a) in paragraph 1:(i)the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’;(ii)the following sentence shall be added:‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’; (i) the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’; (ii) the following sentence shall be added:‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’;
(i) the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’;
(ii) the following sentence shall be added:‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’;
(i) the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’;
(ii) the following sentence shall be added:‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’;
(b) in paragraph 2, the second sentence shall be replaced by the following:‘It may be extended once without a need for a call for applications, provided that the College so decides by a three-fourths majority and appoints the Administrative Director with the same majority.’;
(c) in paragraph 5, the following sentence shall be added:‘To that end, he shall be responsible for establishing and implementing, in cooperation with the College, an effective monitoring and evaluation procedure relating to the performance of Eurojust’s administration in terms of achieving its objectives. The Administrative Director shall report regularly to the College on the results of that monitoring.’;
30. Article 30 shall be amended as follows:(a)in paragraph 2:(i)in the fourth sentence, the words ‘who may also assist the national member’ shall be added;(ii)the last sentence shall be replaced by the following:‘The College shall adopt the necessary implementing arrangements for seconded national experts.’;(b)in paragraph 3, the words ‘without prejudice to Article 25a(1)(c) and (2)’ shall be added; (a) in paragraph 2:(i)in the fourth sentence, the words ‘who may also assist the national member’ shall be added;(ii)the last sentence shall be replaced by the following:‘The College shall adopt the necessary implementing arrangements for seconded national experts.’; (i) in the fourth sentence, the words ‘who may also assist the national member’ shall be added; (ii) the last sentence shall be replaced by the following:‘The College shall adopt the necessary implementing arrangements for seconded national experts.’; (b) in paragraph 3, the words ‘without prejudice to Article 25a(1)(c) and (2)’ shall be added;
(a) in paragraph 2:(i)in the fourth sentence, the words ‘who may also assist the national member’ shall be added;(ii)the last sentence shall be replaced by the following:‘The College shall adopt the necessary implementing arrangements for seconded national experts.’; (i) in the fourth sentence, the words ‘who may also assist the national member’ shall be added; (ii) the last sentence shall be replaced by the following:‘The College shall adopt the necessary implementing arrangements for seconded national experts.’;
(i) in the fourth sentence, the words ‘who may also assist the national member’ shall be added;
(ii) the last sentence shall be replaced by the following:‘The College shall adopt the necessary implementing arrangements for seconded national experts.’;
(b) in paragraph 3, the words ‘without prejudice to Article 25a(1)(c) and (2)’ shall be added;
(a) in paragraph 2:(i)in the fourth sentence, the words ‘who may also assist the national member’ shall be added;(ii)the last sentence shall be replaced by the following:‘The College shall adopt the necessary implementing arrangements for seconded national experts.’; (i) in the fourth sentence, the words ‘who may also assist the national member’ shall be added; (ii) the last sentence shall be replaced by the following:‘The College shall adopt the necessary implementing arrangements for seconded national experts.’;
(i) in the fourth sentence, the words ‘who may also assist the national member’ shall be added;
(ii) the last sentence shall be replaced by the following:‘The College shall adopt the necessary implementing arrangements for seconded national experts.’;
(i) in the fourth sentence, the words ‘who may also assist the national member’ shall be added;
(ii) the last sentence shall be replaced by the following:‘The College shall adopt the necessary implementing arrangements for seconded national experts.’;
(b) in paragraph 3, the words ‘without prejudice to Article 25a(1)(c) and (2)’ shall be added;
31. Article 32 shall be amended as follows:(a)the title shall be replaced by the following:‘Informing the European Parliament, the Council and the Commission’;(b)the following paragraph shall be added:‘3.   The Commission or the Council may seek Eurojust’s opinion on all draft instruments prepared under Title VI of the Treaty.’; (a) the title shall be replaced by the following:‘Informing the European Parliament, the Council and the Commission’; (b) the following paragraph shall be added:‘3.   The Commission or the Council may seek Eurojust’s opinion on all draft instruments prepared under Title VI of the Treaty.’;
(a) the title shall be replaced by the following:‘Informing the European Parliament, the Council and the Commission’;
(b) the following paragraph shall be added:‘3.   The Commission or the Council may seek Eurojust’s opinion on all draft instruments prepared under Title VI of the Treaty.’;
(a) the title shall be replaced by the following:‘Informing the European Parliament, the Council and the Commission’;
(b) the following paragraph shall be added:‘3.   The Commission or the Council may seek Eurojust’s opinion on all draft instruments prepared under Title VI of the Treaty.’;
32. Article 33 shall be replaced by the following:‘Article 33Finance1.   The salaries and emoluments of the national members, deputies and assistants referred to in Article 2(2) shall be borne by their Member State of origin.2.   Where national members, deputies and assistants act within the framework of Eurojust’s tasks, the relevant expenditure related to these activities shall be regarded as operational expenditure within the meaning of Article 41(3) of the Treaty.’;
33. Article 35(1) shall be amended as follows:(a)the words ‘31 March’ shall be replaced by ‘10 February’;(b)the following sentence shall be added:‘The European Judicial Network and networks referred to in Article 25a(2) shall be informed on the parts related to the activities of their secretariats in due time before the forwarding of the estimate to the Commission.’; (a) the words ‘31 March’ shall be replaced by ‘10 February’; (b) the following sentence shall be added:‘The European Judicial Network and networks referred to in Article 25a(2) shall be informed on the parts related to the activities of their secretariats in due time before the forwarding of the estimate to the Commission.’;
(a) the words ‘31 March’ shall be replaced by ‘10 February’;
(b) the following sentence shall be added:‘The European Judicial Network and networks referred to in Article 25a(2) shall be informed on the parts related to the activities of their secretariats in due time before the forwarding of the estimate to the Commission.’;
(a) the words ‘31 March’ shall be replaced by ‘10 February’;
(b) the following sentence shall be added:‘The European Judicial Network and networks referred to in Article 25a(2) shall be informed on the parts related to the activities of their secretariats in due time before the forwarding of the estimate to the Commission.’;
34. Article 36 shall be amended as follows:(a)in paragraph 2, the first sentence shall be replaced by the following:‘2.   By 1 March at the latest following each financial year, the accounting officer of Eurojust shall communicate the provisional accounts to the Commission’s accounting officer and the Court of Auditors together with a report on the budgetary and financial management for that financial year.’;(b)paragraph 3 shall be replaced by the following:‘3.   Eurojust shall send the report on the budgetary and financial management for the financial year to the European Parliament and the Council by 31 March of the following year.’;(c)in paragraph 10, the words ‘30 April’ shall be replaced by ‘15 May’; (a) in paragraph 2, the first sentence shall be replaced by the following:‘2.   By 1 March at the latest following each financial year, the accounting officer of Eurojust shall communicate the provisional accounts to the Commission’s accounting officer and the Court of Auditors together with a report on the budgetary and financial management for that financial year.’; (b) paragraph 3 shall be replaced by the following:‘3.   Eurojust shall send the report on the budgetary and financial management for the financial year to the European Parliament and the Council by 31 March of the following year.’; (c) in paragraph 10, the words ‘30 April’ shall be replaced by ‘15 May’;
(a) in paragraph 2, the first sentence shall be replaced by the following:‘2.   By 1 March at the latest following each financial year, the accounting officer of Eurojust shall communicate the provisional accounts to the Commission’s accounting officer and the Court of Auditors together with a report on the budgetary and financial management for that financial year.’;
(b) paragraph 3 shall be replaced by the following:‘3.   Eurojust shall send the report on the budgetary and financial management for the financial year to the European Parliament and the Council by 31 March of the following year.’;
(c) in paragraph 10, the words ‘30 April’ shall be replaced by ‘15 May’;
(a) in paragraph 2, the first sentence shall be replaced by the following:‘2.   By 1 March at the latest following each financial year, the accounting officer of Eurojust shall communicate the provisional accounts to the Commission’s accounting officer and the Court of Auditors together with a report on the budgetary and financial management for that financial year.’;
(b) paragraph 3 shall be replaced by the following:‘3.   Eurojust shall send the report on the budgetary and financial management for the financial year to the European Parliament and the Council by 31 March of the following year.’;
(c) in paragraph 10, the words ‘30 April’ shall be replaced by ‘15 May’;
35. the following Article shall be inserted:‘Article 39aEU classified informationEurojust shall apply the security principles and minimum standards set out in Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations(*12)in the management of EU classified information.(*12)OJ L 101, 11.4.2001, p. 1.’;"
36. Article 41 shall be replaced by the following:‘Article 41Reporting1.   Member States shall notify Eurojust and the General Secretariat of the Council of the designation of national members, deputies, assistants as well as persons referred to in Article 12(1) and (2) and of any change to this designation. The General Secretariat of the Council shall keep an updated list of these persons and shall make their names and contact details available to all Member States and to the Commission.2.   The definitive appointment of a national member can not take effect before the day on which the General Secretariat of the Council receives the official notifications referred to in paragraph 1 and Article 9a(3).’;
37. the following Article shall be inserted:‘Article 41aEvaluation1.   Before 4 June 2014 and every five years thereafter, the College shall commission an independent external evaluation of the implementation of this Decision as well as of the activities carried out by Eurojust.2.   Each evaluation shall assess the impact of this Decision, Eurojust’s performance in terms of achieving the objectives referred to in this Decision as well as the effectiveness and efficiency of Eurojust. The College shall issue specific terms of reference in consultation with the Commission.3.   The evaluation report shall include the evaluation findings and recommendations. This report shall be forwarded to the European Parliament, the Council and the Commission and shall be made public.’;
38. the Annex whose text appears in the Annex to this Decision shall be added.
1. For situations referred to in Article 13(5):(a)participating Member States;(b)type of offences concerned;(c)date of the agreement setting up the team;(d)planned duration of the team, including modification of this duration;(e)details of the leader of the team for each participating Member State;(f)short summary of the results of the joint investigation teams. (a) participating Member States; (b) type of offences concerned; (c) date of the agreement setting up the team; (d) planned duration of the team, including modification of this duration; (e) details of the leader of the team for each participating Member State; (f) short summary of the results of the joint investigation teams.
(a) participating Member States;
(b) type of offences concerned;
(c) date of the agreement setting up the team;
(d) planned duration of the team, including modification of this duration;
(e) details of the leader of the team for each participating Member State;
(f) short summary of the results of the joint investigation teams.
(a) participating Member States;
(b) type of offences concerned;
(c) date of the agreement setting up the team;
(d) planned duration of the team, including modification of this duration;
(e) details of the leader of the team for each participating Member State;
(f) short summary of the results of the joint investigation teams.
2. For situations referred to in Article 13(6):(a)data which identify the person, group or entity that is the object of a criminal investigation or prosecution;(b)Member States concerned;(c)the offence concerned and its circumstances;(d)data related to the requests for, or decisions on, judicial cooperation including regarding instruments giving effect to the principle of mutual recognition, which are issued, including:(i)date of the request;(ii)requesting or issuing authority;(iii)requested or executing authority;(iv)type of request (measures requested);(v)whether or not the request has been executed, and if not on what grounds. (a) data which identify the person, group or entity that is the object of a criminal investigation or prosecution; (b) Member States concerned; (c) the offence concerned and its circumstances; (d) data related to the requests for, or decisions on, judicial cooperation including regarding instruments giving effect to the principle of mutual recognition, which are issued, including:(i)date of the request;(ii)requesting or issuing authority;(iii)requested or executing authority;(iv)type of request (measures requested);(v)whether or not the request has been executed, and if not on what grounds. (i) date of the request; (ii) requesting or issuing authority; (iii) requested or executing authority; (iv) type of request (measures requested); (v) whether or not the request has been executed, and if not on what grounds.
(a) data which identify the person, group or entity that is the object of a criminal investigation or prosecution;
(b) Member States concerned;
(c) the offence concerned and its circumstances;
(d) data related to the requests for, or decisions on, judicial cooperation including regarding instruments giving effect to the principle of mutual recognition, which are issued, including:(i)date of the request;(ii)requesting or issuing authority;(iii)requested or executing authority;(iv)type of request (measures requested);(v)whether or not the request has been executed, and if not on what grounds. (i) date of the request; (ii) requesting or issuing authority; (iii) requested or executing authority; (iv) type of request (measures requested); (v) whether or not the request has been executed, and if not on what grounds.
(i) date of the request;
(ii) requesting or issuing authority;
(iii) requested or executing authority;
(iv) type of request (measures requested);
(v) whether or not the request has been executed, and if not on what grounds.
(a) data which identify the person, group or entity that is the object of a criminal investigation or prosecution;
(b) Member States concerned;
(c) the offence concerned and its circumstances;
(d) data related to the requests for, or decisions on, judicial cooperation including regarding instruments giving effect to the principle of mutual recognition, which are issued, including:(i)date of the request;(ii)requesting or issuing authority;(iii)requested or executing authority;(iv)type of request (measures requested);(v)whether or not the request has been executed, and if not on what grounds. (i) date of the request; (ii) requesting or issuing authority; (iii) requested or executing authority; (iv) type of request (measures requested); (v) whether or not the request has been executed, and if not on what grounds.
(i) date of the request;
(ii) requesting or issuing authority;
(iii) requested or executing authority;
(iv) type of request (measures requested);
(v) whether or not the request has been executed, and if not on what grounds.
(i) date of the request;
(ii) requesting or issuing authority;
(iii) requested or executing authority;
(iv) type of request (measures requested);
(v) whether or not the request has been executed, and if not on what grounds.
3. For situations referred to in Article 13(7)(a):(a)Member States and competent authorities concerned;(b)data which identify the person, group or entity that is the object of a criminal investigation or prosecution;(c)the offence concerned and its circumstances. (a) Member States and competent authorities concerned; (b) data which identify the person, group or entity that is the object of a criminal investigation or prosecution; (c) the offence concerned and its circumstances.
(a) Member States and competent authorities concerned;
(b) data which identify the person, group or entity that is the object of a criminal investigation or prosecution;
(c) the offence concerned and its circumstances.
(a) Member States and competent authorities concerned;
(b) data which identify the person, group or entity that is the object of a criminal investigation or prosecution;
(c) the offence concerned and its circumstances.
4. For situations referred to in Article 13(7)(b):(a)Member States and competent authorities concerned;(b)data which identify the person, group or entity that is the object of a criminal investigation or prosecution;(c)type of delivery;(d)type of offence in connection with which the controlled delivery is carried out. (a) Member States and competent authorities concerned; (b) data which identify the person, group or entity that is the object of a criminal investigation or prosecution; (c) type of delivery; (d) type of offence in connection with which the controlled delivery is carried out.
(a) Member States and competent authorities concerned;
(b) data which identify the person, group or entity that is the object of a criminal investigation or prosecution;
(c) type of delivery;
(d) type of offence in connection with which the controlled delivery is carried out.
(a) Member States and competent authorities concerned;
(b) data which identify the person, group or entity that is the object of a criminal investigation or prosecution;
(c) type of delivery;
(d) type of offence in connection with which the controlled delivery is carried out.
5. For situations referred to in Article 13(7)(c):(a)requesting or issuing State;(b)requested or executing State;(c)description of the difficulties.’ (a) requesting or issuing State; (b) requested or executing State; (c) description of the difficulties.’
(a) requesting or issuing State;
(b) requested or executing State;
(c) description of the difficulties.’
(a) requesting or issuing State;
(b) requested or executing State;
(c) description of the difficulties.’
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 31(2) and 34(2)(c) thereof,
Having regard to the initiative of the Kingdom of Belgium, the Czech Republic, the Republic of Estonia, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Kingdom of Sweden,
Having regard to the Opinion of the European Parliament(1),
(1) Eurojust was set up by Council Decision 2002/187/JHA(2)as a body of the European Union with legal personality to stimulate and to improve coordination and cooperation between competent judicial authorities of the Member States.
(2) On the basis of an assessment of the experience gained by Eurojust, a further enhancement of its operational effectiveness is needed by taking account of that experience.
(3) The time has come to ensure that Eurojust becomes more operational and that the status of national members is approximated.
(4) In order to ensure continuous and effective contribution from the Member States to the achievement by Eurojust of its objectives, the national member should be required to have his regular place of work at the seat of Eurojust.
(5) It is necessary to define a common basis of powers which every national member should have in his capacity as a competent national authority acting in accordance with national law. Some of these powers should be granted to the national member for urgent cases where it is not possible for him to identify or to contact the competent national authority in a timely manner. It is understood that these powers will not have to be exercised in so far as it is possible to identify and to contact the competent authority.
(6) This Decision does not affect the manner in which the Member States organise their internal judicial system or administrative procedures for the designation of the national member and the setting up of the internal working of the national desks at Eurojust.
(7) The setting up of an On-Call Coordination (OCC) within Eurojust is necessary to make Eurojust available around the clock and to enable it to intervene in urgent cases. It should be the responsibility of each Member State to ensure that their representatives in the OCC are able to act on a 24-hour/7-day basis.
(8) Member States should ensure that competent national authorities respond without undue delay to requests made under this Decision, even if competent national authorities refuse to comply with requests made by the national member.
(9) The role of the College should be enhanced in cases of conflict of jurisdiction and in cases of recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
(10) Eurojust national coordination systems should be set up in the Member States to coordinate the work carried out by the national correspondents for Eurojust, the national correspondent for Eurojust for terrorism matters, the national correspondent for the European Judicial Network and up to three other contact points of the European Judicial Network, as well as representatives in the Networks for Joint Investigation Teams, War Crimes, Asset Recovery and Corruption.
(11) The Eurojust national coordination system should ensure that the Case Management System receives information related to the Member State concerned in an efficient and reliable manner. However, the Eurojust national coordination system should not have to be responsible for actually transmitting information to Eurojust. Member States should decide on the best channel to be used for the transmission of information to Eurojust.
(12) In order to enable the Eurojust national coordination system to fulfil its tasks, a connection to the Case Management System should be ensured. The connection to the Case Management System should be made taking due account of national information technology systems. Access to the Case Management System at national level should be based on the central role played by the national member who is responsible for the opening and management of temporary work files.
(13) Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters(3)is applicable to the processing by the Member States of the personal data transferred between the Member States and Eurojust. The relevant set of data protection provisions of Decision 2002/187/JHA will not be affected by Framework Decision 2008/977/JHA and contains specific provisions on the protection of personal data regulating these matters in more detail because of the particular nature, functions and competences of Eurojust.
(14) Eurojust should be authorised to process certain personal data on persons who, under the national legislation of the Member States concerned, are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent, or who have been convicted of such an offence. The list of such personal data should include telephone numbers, e-mail addresses, vehicle registration data, DNA profiles established from the non-coding part of DNA, photographs and fingerprints. The list should also include traffic data and location data and the related data necessary to identify the subscriber or user of a publicly available electronic communications service; this should not include data revealing the content of the communication. It is not intended that Eurojust carry out an automated comparison of DNA profiles or fingerprints.
(15) Eurojust should be given the opportunity to extend the deadlines for storage of personal data in order to achieve its objectives. Such decisions should be taken following careful consideration of particular needs. Any extension of deadlines for processing personal data, where prosecution is statute barred in all Member States concerned, should be decided only where there is a specific need to provide assistance under this Decision.
(16) The Rules on the Joint Supervisory Body should facilitate its functioning.
(17) With a view to increasing the operational effectiveness of Eurojust, transmission of information to Eurojust should be improved by providing clear and limited obligations for national authorities.
(18) Eurojust should implement priorities set by the Council, in particular those set on the basis of the Organised Crime Threat Assessment (OCTA), as referred to in the Hague Programme(4).
(19) Eurojust is to maintain privileged relations with the European Judicial Network based on consultation and complementarity. This Decision should help clarify the respective roles of Eurojust and the European Judicial Network and their mutual relations, while maintaining the specificity of the European Judicial Network.
(20) Nothing in this Decision should be construed to affect the autonomy of the secretariats of the networks mentioned in this Decision when they discharge their function as Eurojust staff in accordance with the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 of the Council(5).
(21) It is also necessary to strengthen Eurojust’s capacity to work with external partners, such as third States, the European Police Office (Europol), the European Anti-Fraud Office (OLAF), the Council’s Joint Situation Centre and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex).
(22) Provision should be made for Eurojust to post liaison magistrates to third States in order to achieve objectives similar to those assigned to liaison magistrates seconded by the Member States on the basis of Council Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union(6).
(23) This Decision allows the principle of public access to official documents to be taken into account,
HAS DECIDED AS FOLLOWS:

Amendments to Decision 2002/187/JHA
Article 1
Decision 2002/187/JHA is hereby amended as follows:
1.
Article 2 shall be replaced by the following:
1. Eurojust shall have one national member seconded by each Member State in accordance with its legal system, who is a prosecutor, judge or police officer of equivalent competence.
2. Member States shall ensure continuous and effective contribution to the achievement by Eurojust of its objectives under Article 3. To fulfil those objectives:
(a)
the national member shall be required to have his regular place of work at the seat of Eurojust;
(b)
each national member shall be assisted by one deputy and by another person as an assistant. The deputy and the assistant may have their regular place of work at Eurojust. More deputies or assistants may assist the national member and may, if necessary and with the agreement of the College, have their regular place of work at Eurojust.
3. The national member shall have a position which grants him the powers referred to in this Decision in order to be able to fulfil his tasks.
4. National members, deputies and assistants shall be subject to the national law of their Member State as regards their status.
5. The deputy shall fulfil the criteria provided for in paragraph 1 and be able to act on behalf of or to substitute the national member. An assistant may also act on behalf of or substitute the national member if he fulfils the criteria provided for in paragraph 1.
6. Eurojust shall be linked to a Eurojust national coordination system in accordance with Article 12.
7. Eurojust shall have the possibility of posting liaison magistrates in third States in accordance with this Decision.
8. Eurojust shall, in accordance with this Decision, have a Secretariat headed by an Administrative Director.’;
2.
Article 3 shall be amended as follows:
(a)
in paragraph 1(b), the words ‘international mutual legal assistance and the implementation of extradition requests’ shall be replaced by ‘requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;’;
(b)
in paragraph 2, the words ‘Article 27(3)’ shall be replaced by ‘Article 26a(2)’;
3.
Article 4(1) shall be amended as follows:
(a)
point (a) shall be replaced by the following:
‘(a)
the types of crime and the offences in respect of which Europol is at all times competent to act;’(7);
(b)
point (b) shall be deleted;
(c)
in point (c), the words ‘in points (a) and (b)’ shall be replaced by ‘in point (a)’;
4.
the following Article shall be inserted:
1. In order to fulfil its tasks in urgent cases, Eurojust shall put in place an On-Call Coordination (OCC) able to receive and process at all times requests referred to it. The OCC shall be contactable, through a single OCC contact point at Eurojust, on a 24-hour/7-day basis.
2. The OCC shall rely on one representative (OCC representative) per Member State who may be either the national member, his deputy, or an assistant entitled to replace the national member. The OCC representative shall be able to act on a 24-hour/7-day basis.
3. When in urgent cases a request for, or a decision on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, needs to be executed in one or more Member States, the requesting or issuing competent authority may forward it to the OCC. The OCC contact point shall immediately forward it to the OCC representative of the Member State from which the request originates and, if explicitly requested by the transmitting or issuing authority, to the OCC representatives of the Member States on the territory of which the request should be executed. These OCC representatives shall act without delay, in relation to the execution of the request in their Member State, through the exercise of tasks or powers available to them and referred to in Article 6 and Articles 9a to 9f.’;
5.
Article 6 shall be amended as follows:
(a)
the existing paragraph shall become paragraph 1;
(b)
paragraph 1(a) shall be replaced by the following:
‘(a)
may ask the competent authorities of the Member States concerned, giving its reasons, to:
(i)
undertake an investigation or prosecution of specific acts;
(ii)
accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;
(iii)
coordinate between the competent authorities of the Member States concerned;
(iv)
set up a joint investigation team in keeping with the relevant cooperation instruments;
(v)
provide it with any information that is necessary for it to carry out its tasks;
(vi)
take special investigative measures;
(vii)
take any other measure justified for the investigation or prosecution;’;
(c)
paragraph 1(g) shall be deleted;
(d)
the following paragraph shall be added:
‘2. The Member States shall ensure that competent national authorities respond without undue delay to requests made under this Article.’;
6.
Article 7 shall be amended as follows:
(a)
the existing paragraph shall become paragraph 1;
(b)
the following paragraphs shall be added:
‘2. Where two or more national members can not agree on how to resolve a case of conflict of jurisdiction as regards the undertaking of investigations or prosecution pursuant to Article 6 and in particular Article 6(1)(c), the College shall be asked to issue a written non-binding opinion on the case, provided the matter could not be resolved through mutual agreement between the competent national authorities concerned. The opinion of the College shall be promptly forwarded to the Member States concerned. This paragraph is without prejudice to paragraph 1(a)(ii).
3. Notwithstanding the provisions contained in any instruments adopted by the European Union regarding judicial cooperation, a competent authority may report to Eurojust recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, and request the College to issue a written non-binding opinion on the matter, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion of the College shall be promptly forwarded to the Member States concerned.’;
7.
Articles 8 and 9 shall be replaced by the following:
If the competent authorities of the Member States concerned decide not to comply with a request referred to in Article 6(1)(a) or Article 7(1)(a) or decide not to follow a written opinion referred to in Article 7(2) and (3), they shall inform Eurojust without undue delay of their decision and of the reasons for it. Where it is not possible to give the reasons for refusing to comply with a request because to do so would harm essential national security interests or would jeopardise the safety of individuals, the competent authorities of the Member States may cite operational reasons.
1. The length of a national member’s term of office shall be at least four years. The Member State of origin may renew the term of office. The national member shall not be removed before the end of a term without informing the Council before the removal and indicating to it the reason therefor. Where a national member is President or Vice-President of Eurojust, his term of office as a member shall at least be such that he can fulfil his function as President or Vice-President for the full elected term.
2. All information exchanged between Eurojust and Member States shall be directed through the national member.
3. In order to meet Eurojust’s objectives, the national member shall have at least equivalent access to, or at least be able to obtain the information contained in, the following types of registers of his Member State as would be available to him in his role as a prosecutor, judge or police officer, whichever is applicable, at national level:
(a)
criminal records;
(b)
registers of arrested persons;
(c)
investigation registers;
(d)
DNA registers;
(e)
other registers of his Member State where he deems this information necessary for him to be able to fulfil his tasks.
4. A national member may contact the competent authorities of his Member State directly.’;
8.
the following Articles shall be inserted:
1. When a national member exercises the powers referred to in Articles 9b, 9c and 9d, he does so in his capacity as a competent national authority acting in accordance with national law and subject to the conditions laid down in this Article and Articles 9b to 9e. In the performance of his tasks the national member shall, where appropriate, make it known whenever he is acting in accordance with the powers granted to national members under this Article and Articles 9b, 9c and 9d.
2. Each Member State shall define the nature and extent of the powers it grants its national member as regards judicial cooperation in respect of that Member State. However, each Member State shall grant its national member at least the powers described in Article 9b and, subject to Article 9e, the powers described in Articles 9c and 9d, which would be available to him as a judge, prosecutor or police officer, whichever is applicable, at national level.
3. When appointing its national member and at any other time if appropriate, the Member State shall notify Eurojust and the General Secretariat of the Council of its decision regarding the implementation of paragraph 2 so that the latter can inform the other Member States. The Member States shall undertake to accept and recognise the prerogatives thus granted in so far as they are in conformity with international commitments.
4. Each Member State shall define the right for a national member to act in relation to foreign judicial authorities, in accordance with its international commitments.
1. National members, in their capacity as competent national authorities, shall be entitled to receive, transmit, facilitate, follow up and provide supplementary information in relation to the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition. When powers referred to in this paragraph are exercised, the competent national authority shall be informed promptly.
2. In case of partial or inadequate execution of a request for judicial cooperation, national members, in their capacity as competent national authorities, shall be entitled to ask the competent national authority of their Member State for supplementary measures in order for the request to be fully executed.
1. National members may, in their capacity as competent national authorities, in agreement with a competent national authority, or at its request and on a case-by-case basis, exercise the following powers:
(a)
issuing and completing requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(b)
executing in their Member State requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(c)
ordering in their Member State investigative measures considered necessary at a coordination meeting organised by Eurojust to provide assistance to competent national authorities concerned by a concrete investigation and to which competent national authorities concerned with the investigation are invited to participate;
(d)
authorising and coordinating controlled deliveries in their Member State.
2. Powers referred to in this Article shall, in principle, be exercised by a competent national authority.
In their capacity as competent national authorities, national members shall, in urgent cases and in so far as it is not possible for them to identify or to contact the competent national authority in a timely manner, be entitled:
(a)
to authorise and to coordinate controlled deliveries in their Member State;
(b)
to execute, in relation to their Member State a request for, or a decision on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
As soon as the competent national authority is identified or contacted, it shall be informed of the exercise of powers referred to in this Article.
1. The national member, in his capacity as a competent national authority, shall be at least competent to submit a proposal to the authority competent for the carrying out of powers referred to in Articles 9c and 9d when granting such powers to the national member is contrary to:
(a)
constitutional rules;
or
(b)
fundamental aspects of the criminal justice system:
(i)
regarding the division of powers between the police, prosecutors and judges;
(ii)
regarding the functional division of tasks between prosecution authorities;
or
(iii)
related to the federal structure of the Member State concerned.
2. Member States shall ensure that, in cases referred to in paragraph 1, the request issued by the national member be handled without undue delay by the competent national authority.
National members shall be entitled to participate in joint investigation teams, including in their setting up, in accordance with Article 13 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union or Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams(*1), concerning their own Member State. However, Member States may make the participation of the national member subject to the agreement of the competent national authority. National members, their deputies or their assistants, shall be invited to participate in any joint investigation team involving their Member State and for which Community funding is provided under the applicable financial instruments. Each Member State shall define whether the national member participates in the joint investigation team as a national competent authority or on behalf of Eurojust.
9.
Article 10 shall be amended as follows:
(a)
in paragraph 2, the first sentence shall be replaced by the following:
‘2. The Council shall, acting by qualified majority, approve Eurojust’s Rules of Procedure on a proposal from the College. The College shall adopt its proposal by a two-thirds majority after consulting the Joint Supervisory Board provided for in Article 23 as regards the provisions on the processing of personal data.’;
(b)
in paragraph 3, the words ‘in accordance with Article 7(a)’ shall be replaced by ‘in accordance with Article 7(1)(a), (2) and (3)’;
10.
Article 12 shall be replaced by the following:
1. Each Member State shall designate one or more national correspondents for Eurojust.
2. Each Member State shall, before 4 June 2011, set up a Eurojust national coordination system to ensure coordination of the work carried out by:
(a)
the national correspondents for Eurojust;
(b)
the national correspondent for Eurojust for terrorism matters;
(c)
the national correspondent for the European Judicial Network and up to three other contact points of the European Judicial Network;
(d)
national members or contact points of the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes(*2), Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime(*3)and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption(*4).
3. The persons referred to in paragraphs 1 and 2 shall maintain their position and status under national law.
4. The national correspondents for Eurojust shall be responsible for the functioning of the Eurojust national coordination system. When several correspondents for Eurojust are designated, one of them shall be responsible for the functioning of the Eurojust national coordination system.
5. The Eurojust national coordination system shall facilitate, within the Member State, the carrying out of the tasks of Eurojust, in particular by:
(a)
ensuring that the Case Management System referred to in Article 16 receives information related to the Member State concerned in an efficient and reliable manner;
(b)
assisting in determining whether a case should be dealt with with the assistance of Eurojust or of the European Judicial Network;
(c)
assisting the national member to identify relevant authorities for the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(d)
maintaining close relations with the Europol National Unit.
6. In order to meet the objectives referred to in paragraph 5, persons referred to in paragraph 1 and paragraph 2(a), (b) and (c) shall, and persons referred to in paragraph 2(d) may, be connected to the Case Management System in accordance with this Article and Articles 16, 16a, 16b and 18 as well as with the Rules of Procedure of Eurojust. The connection to the Case Management System shall be at the charge of the general budget of the European Union.
7. Nothing in this Article shall be construed to affect direct contacts between competent judicial authorities as provided for in instruments on judicial cooperation, such as Article 6 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. Relations between the national member and national correspondents shall not preclude direct contacts between the national member and his competent authorities.
11.
Article 13 shall be replaced by the following:
1. The competent authorities of the Member States shall exchange with Eurojust any information necessary for the performance of its tasks in accordance with Articles 4 and 5 as well as with the rules on data protection set out in this Decision. This shall at least include the information referred to in paragraphs 5, 6 and 7.
2. The transmission of information to Eurojust shall be interpreted as a request for the assistance of Eurojust in the case concerned only if so specified by a competent authority.
3. The national members of Eurojust shall be empowered to exchange any information necessary for the performance of the tasks of Eurojust, without prior authorisation, among themselves or with their Member State’s competent authorities. In particular national members shall be promptly informed of a case which concerns them.
4. This Article shall be without prejudice to other obligations regarding the transmission of information to Eurojust, including Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences(*5).
5. Member States shall ensure that national members are informed of the setting up of a joint investigation team, whether it is set up under Article 13 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union or under Framework Decision 2002/465/JHA, and of the results of the work of such teams.
6. Member States shall ensure that their national member is informed without undue delay of any case in which at least three Member States are directly involved and for which requests for or decisions on judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States and
(a)
the offence involved is punishable in the requesting or issuing Member State by a custodial sentence or a detention order for a maximum period of at least five or six years, to be decided by the Member State concerned, and is included in the following list:
(i)
trafficking in human beings;
(ii)
sexual exploitation of children and child pornography;
(iii)
drug trafficking;
(iv)
trafficking in firearms, their parts and components and ammunition;
(v)
corruption;
(vi)
fraud affecting the financial interests of the European Communities;
(vii)
counterfeiting of the euro;
(viii)
money laundering;
(ix)
attacks against information systems;
or
(b)
there are factual indications that a criminal organisation is involved;
or
(c)
there are indications that the case may have a serious cross-border dimension or repercussions at European Union level or that it might affect Member States other than those directly involved.
7. Member States shall ensure that their national member is informed of:
(a)
cases where conflicts of jurisdiction have arisen or are likely to arise;
(b)
controlled deliveries affecting at least three States, at least two of which are Member States;
(c)
repeated difficulties or refusals regarding the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
8. National authorities shall not be obliged in a particular case to supply information if this would mean:
(a)
harming essential national security interests; or
(b)
jeopardising the safety of individuals.
9. This Article shall be without prejudice to conditions set in bilateral or multilateral agreements or arrangements between Member States and third countries including any conditions set by third countries concerning the use of information once supplied.
10. Information transmitted to Eurojust pursuant to paragraphs 5, 6 and 7 shall at least include, where available, the types of information contained in the list provided for in the Annex.
11. Information referred to in this Article shall be transmitted to Eurojust in a structured way.
12. By 4 June 2014(*5), the Commission shall establish, on the basis of information transmitted by Eurojust, a report on the implementation of this Article, accompanied by any proposal it may deem appropriate, including with a view to considering an amendment of paragraphs 5, 6 and 7 and the Annex.
12.
the following Article shall be inserted:
1. Eurojust shall provide competent national authorities with information and feedback on the results of the processing of information, including the existence of links with cases already stored in the Case Management System.
2. Furthermore, where a competent national authority requests Eurojust to provide it with information, Eurojust shall transmit it in the timeframe requested by that authority.’;
13.
Article 14 shall be amended as follows:
(a)
in paragraph 3, the words ‘in accordance with Articles 13 and 26’ shall be replaced by ‘in accordance with Articles 13, 26 and 26a’;
(b)
paragraph 4 shall be deleted;
14.
Article 15(1) shall be amended as follows:
(a)
in the introductory phrase the words ‘are the subject of a criminal investigation or prosecution for one or more of the types of crime and the offences defined in Article 4’ shall be replaced by ‘are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent or who have been convicted of such an offence’;
(b)
the following points shall be added:
‘(l)
telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6);
(m)
vehicle registration data;
(n)
DNA profiles established from the non-coding part of DNA, photographs and fingerprints.
15.
Article 16 shall be replaced by the following:
1. In accordance with this Decision, Eurojust shall establish a Case Management System composed of temporary work files and of an index which contain personal and non-personal data.
2. The Case Management System shall be intended to:
(a)
support the management and coordination of investigations and prosecutions for which Eurojust is providing assistance, in particular by the cross-referencing of information;
(b)
facilitate access to information on ongoing investigations and prosecutions;
(c)
facilitate the monitoring of lawfulness and compliance with the provisions of this Decision concerning the processing of personal data.
3. The Case Management System, in so far as this is in conformity with rules on data protection contained in this Decision, may be linked to the secure telecommunications connection referred to in Article 9 of Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network(*7).
4. The index shall contain references to temporary work files processed within the framework of Eurojust and may contain no personal data other than those referred to in Article 15(1)(a) to (i), (k) and (m) and in Article 15(2).
5. In the performance of their duties in accordance with this Decision, the national members of Eurojust may process data on the individual cases on which they are working in a temporary work file. They shall allow the Data Protection Officer to have access to the work file. The Data Protection Officer shall be informed by the national member concerned of the opening of each new temporary work file that contains personal data.
6. For the processing of case related personal data, Eurojust may not establish any automated data file other than the Case Management System.
16.
the following Articles shall be inserted:
1. A temporary work file shall be opened by the national member concerned for every case with respect to which information is transmitted to him in so far as this transmission is in accordance with this Decision or with instruments referred to in Article 13(4). The national member shall be responsible for the management of the temporary work files which he has opened.
2. The national member who has opened a temporary work file shall decide, on a case-by-case basis, whether to keep the temporary work file restricted or to give access to it or to parts of it, where necessary to enable Eurojust to carry out its tasks, to other national members or to authorised Eurojust staff.
3. The national member who has opened a temporary work file shall decide which information related to this temporary work file shall be introduced in the index.
1. Persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6) may only have access to:
(a)
the index, unless the national member who has decided to introduce the data in the index expressly denied such access;
(b)
temporary work files opened or managed by the national member of their Member State;
(c)
temporary work files opened or managed by national members of other Member States and to which the national member of their Member States has received access unless the national member who opened or manages the temporary work file expressly denied such access.
2. The national member shall, within the limitations provided for in paragraph 1, decide on the extent of access to the temporary work files which is granted in his Member State to persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6).
3. Each Member State shall decide, after consultation with its national member, on the extent of access to the index which is granted in that Member State to persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6). Member States shall notify Eurojust and the General Secretariat of the Council of their decision regarding the implementation of this paragraph so that the latter can inform the other Member States.
However, persons referred to in Article 12(2), in so far as they are connected to the Case Management System in accordance with Article 12(6), shall at least have access to the index to the extent necessary to access the temporary work files to which they have been granted access in accordance with paragraph 2 of this Article.
4. By 4 June 2013, Eurojust shall report to the Council and the Commission on the implementation of paragraph 3. Each Member State shall consider, on the basis of that report, the opportunity to review the extent of access provided in accordance with paragraph 3.’;
17.
Article 17 shall be amended as follows:
(a)
in paragraph 1, the words ‘take instructions from no-one’ shall be replaced by ‘act independently’;
(b)
in paragraphs 3 and 4, the words ‘the Officer’ shall be replaced by ‘the Data Protection Officer’;
18.
Article 18 shall be replaced by the following:
Only national members, their deputies and their assistants referred to in Article 2(2), persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6) and authorised Eurojust staff may, for the purpose of achieving Eurojust’s objectives and within the limits provided for in Articles 16, 16a and 16b, have access to personal data processed by Eurojust.’;
19.
in Article 19(4)(b), the words ‘which Eurojust is assisting’ shall be deleted;
20.
Article 21 shall be amended as follows:
(a)
paragraph 2 shall be amended as follows:
(i)
in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’;
(ii)
the following point shall be inserted:
‘(aa)
the date on which the person was acquitted and the decision became final;’
(iii)
point (b) shall be replaced by the following:
‘(b)
three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’
(iv)
in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’;
(v)
the following point shall be added:
‘(d)
three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
(b)
paragraph 3 shall be amended as follows:
(i)
in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’;
(ii)
in point (b) the following sentence shall be added:
‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’;
21.
Article 23 shall be amended as follows:
(a)
paragraph 1 shall be amended as follows:
(i)
in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’;
(ii)
the second subparagraph shall be replaced by the following:
‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’;
(iii)
in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’;
(b)
paragraph 3 shall be replaced by the following:
‘3. A judge appointed by a Member State shall become a permanent member after being elected by the plenary meeting of the persons appointed by the Member States in accordance with paragraph 1, and shall remain a permanent member for three years. Elections shall be held yearly for one permanent member of the Joint Supervisory Body by means of secret ballot. The Joint Supervisory Body shall be chaired by the member who is in his third year of mandate after elections. Permanent members may be re-elected. Appointees wishing to be elected shall present their candidacy in writing to the Secretariat of the Joint Supervisory Body 10 days before the meeting in which the election is to take place.’;
(c)
the following paragraph shall be inserted:
‘4a. The Joint Supervisory Body shall adopt in its rules of procedure measures necessary to implement paragraphs 3 and 4.’;
(d)
in paragraph 10, the following sentence shall be added:
‘The Secretariat of the Joint Supervisory Body may rely upon the expertise of the secretariat established by Decision 2000/641/JHA(*8).
22.
Article 25 shall be amended as follows:
(a)
paragraph 1 shall be replaced by the following:
‘1. The national members, their deputies and their assistants referred to in Article 2(2), Eurojust staff, national correspondents and the Data Protection Officer shall be bound by an obligation of confidentiality, without prejudice to Article 2(4).’;
(b)
in paragraph 4, the words ‘Article 9(1)’ shall be replaced by ‘Article 2(4)’.
23.
the following Article shall be inserted:
1. Eurojust and the European Judicial Network shall maintain privileged relations with each other, based on consultation and complementarity, especially between the national member, the European Judicial Network contact points of the same Member State and the national correspondents for Eurojust and the European Judicial Network. In order to ensure efficient cooperation, the following measures shall be taken:
(a)
national members shall, on a case-by-case basis, inform the European Judicial Network contact points of all cases which they consider the Network to be in a better position to deal with;
(b)
the Secretariat of the European Judicial Network shall form part of the staff of Eurojust. It shall function as a separate unit. It may draw on the administrative resources of Eurojust which are necessary for the performance of the European Judicial Network’s tasks, including for covering the costs of the plenary meetings of the Network. Where plenary meetings are held at the premises of the Council in Brussels, the costs may only cover travel expenses and costs for interpretation. Where plenary meetings are held in the Member State holding the Presidency of the Council, the costs may only cover part of the overall costs of the meeting;
(c)
European Judicial Network contact points may be invited on a case-by-case basis to attend Eurojust meetings.
2. Without prejudice to Article 4(1), the Secretariat of the Network for Joint Investigation Teams and of the network set up by Decision 2002/494/JHA shall form part of the staff of Eurojust. These secretariats shall function as separate units. They may draw on the administrative resources of Eurojust which are necessary for the performance of their tasks. Coordination between the secretariats shall be ensured by Eurojust.
This paragraph shall apply to the secretariat of any new network set up by a decision of the Council where that decision provides that the secretariat shall be provided by Eurojust.
3. The network set up by Decision 2008/852/JHA may request that Eurojust provide a secretariat to the network. If such request is made, paragraph 2 shall apply.’;
24.
Article 26 shall be replaced by the following:
1. In so far as is relevant for the performance of its tasks, Eurojust may establish and maintain cooperative relations with the institutions, bodies and agencies set up by, or on the basis of, the Treaties establishing the European Communities or the Treaty on European Union. Eurojust shall establish and maintain cooperative relations with at least:
(a)
Europol;
(b)
OLAF;
(c)
the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex);
(d)
the Council, in particular its Joint Situation Centre.
Eurojust shall also establish and maintain cooperative relations with the European Judicial Training Network.
2. Eurojust may conclude agreements or working arrangements with the entities referred to in paragraph 1. Such agreements or working arrangements may, in particular, concern the exchange of information, including personal data, and the secondment of liaison officers to Eurojust. Such agreements or working arrangements may only be concluded after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council, acting by qualified majority. Eurojust shall inform the Council of any plans it has for entering into any such negotiations and the Council may draw any conclusions it deems appropriate.
3. Prior to the entry into force of an agreement or arrangement as referred to in paragraph 2, Eurojust may directly receive and use information, including personal data, from the entities referred to in paragraph 1, in so far as this is necessary for the legitimate performance of its tasks, and it may directly transmit information, including personal data, to such entities, in so far as this is necessary for the legitimate performance of the recipient’s tasks and in accordance with the rules on data protection provided in this Decision.
4. OLAF may contribute to Eurojust’s work to coordinate investigations and prosecution procedures regarding the protection of the financial interests of the European Communities, either on the initiative of Eurojust or at the request of OLAF where the competent national authorities concerned do not oppose such participation.
5. For purposes of the receipt and transmission of information between Eurojust and OLAF, and without prejudice to Article 9, Member States shall ensure that the national members of Eurojust shall be regarded as competent authorities of the Member States solely for the purposes of Regulation (EC) No 1073/1999 and Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(*9). The exchange of information between OLAF and national members shall be without prejudice to the information which must be given to other competent authorities under those Regulations.
25.
the following Article shall be inserted:
1. In so far as is required for the performance of its tasks, Eurojust may establish and maintain cooperative relations with the following entities:
(a)
third States;
(b)
organisations such as:
(i)
international organisations and their subordinate bodies governed by public law;
(ii)
other bodies governed by public law which are based on an agreement between two or more States; and
(iii)
the International Criminal Police Organisation (Interpol).
2. Eurojust may conclude agreements with the entities referred to in paragraph 1. Such agreements may, in particular, concern the exchange of information, including personal data, and the secondment of liaison officers or liaison magistrates to Eurojust. Such agreements may only be concluded after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council, acting by qualified majority. Eurojust shall inform the Council of any plans it has for entering into any such negotiations and the Council may draw any conclusions it deems appropriate.
3. Agreements referred to in paragraph 2 containing provisions on the exchange of personal data may only be concluded if the entity concerned is subject to the Council of Europe Convention of 28 January 1981 or after an assessment confirming the existence of an adequate level of data protection ensured by that entity.
4. Agreements referred to in paragraph 2 shall include provisions on the monitoring of their implementation, including implementation of the rules on data protection.
5. Prior to the entry into force of the agreements referred to in paragraph 2, Eurojust may directly receive information, including personal data in so far as this is necessary for the legitimate performance of its tasks.
6. Prior to the entry into force of the agreements referred to in paragraph 2, Eurojust may under the conditions laid down in Article 27(1), directly transmit information, except for personal data, to these entities, in so far as this is necessary for the legitimate performance of the recipient’s tasks.
7. Eurojust may, under the conditions laid down in Article 27(1), transmit personal data to the entities referred to in paragraph 1, where:
(a)
this is necessary in individual cases for the purposes of preventing or combating criminal offences for which Eurojust is competent; and
(b)
Eurojust has concluded an agreement as referred to in paragraph 2 with the entity concerned which has entered into force and which permits the transmission of such data.
8. Any subsequent failure, or substantial likelihood of failure, on the part of the entities referred to in paragraph 1 to meet the conditions referred to in paragraph 3, shall immediately be communicated by Eurojust to the Joint Supervisory Body and the Member States concerned. The Joint Supervisory Body may prevent the further exchange of personal data with the relevant entities until it is satisfied that adequate remedies have been provided.
9. However, even if the conditions referred to in paragraph 7 are not fulfilled, a national member may, acting in his capacity as a competent national authority and in conformity with the provisions of his own national law, by way of exception and with the sole aim of taking urgent measures to counter imminent serious danger threatening a person or public security, carry out an exchange of information involving personal data. The national member shall be responsible for the legality of authorising the communication. The national member shall keep a record of communications of data and of the grounds for such communications. The communication of data shall be authorised only if the recipient gives an undertaking that the data will be used only for the purpose for which they were communicated.’
26.
Article 27 shall be replaced by the following:
1. Before Eurojust exchanges any information with the entities referred to in Article 26a, the national member of the Member State which submitted the information shall give his consent to the transfer of that information. In appropriate cases the national member shall consult the competent authorities of the Member States.
2. Eurojust shall be responsible for the legality of the transmission of data. Eurojust shall keep a record of all transmissions of data under Articles 26 and 26a and of the grounds for such transmissions. Data shall only be transmitted if the recipient gives an undertaking that the data will be used only for the purpose for which they were transmitted.’;
27.
the following Articles shall be inserted:
1. For the purpose of facilitating judicial cooperation with third States in cases in which Eurojust is providing assistance in accordance with this Decision, the College may post liaison magistrates to a third State, subject to an agreement as referred to in Article 26a with that third State. Before negotiations are entered into with a third State, the Council, acting by qualified majority, shall give its approval. Eurojust shall inform the Council of any plans it has for entering into any such negotiations and the Council may draw any conclusions it deems appropriate.
2. The liaison magistrate referred to in paragraph 1 is required to have experience of working with Eurojust and adequate knowledge of judicial cooperation and how Eurojust operates. The posting of a liaison magistrate on behalf of Eurojust shall be subject to the prior consent of the magistrate and of his Member State.
3. Where the liaison magistrate posted by Eurojust is selected among national members, deputies or assistants:
(i)
he shall be replaced in his function as a national member, deputy or assistant, by the Member State;
(ii)
he ceases to be entitled to exercise the powers granted to him in accordance with Articles 9a to 9e.
4. Without prejudice to Article 110 of the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68(*10), the College shall draw up rules on the posting of liaison magistrates and adopt the necessary implementing arrangements in this respect in consultation with the Commission.
5. The activities of liaison magistrates posted by Eurojust shall be the subject of supervision by the Joint Supervisory Body. The liaison magistrates shall report to the College, which shall inform the European Parliament and the Council in the annual report and in an appropriate manner of their activities. The liaison magistrates shall inform national members and national competent authorities of all cases concerning their Member State.
6. Competent authorities of the Member States and liaison magistrates referred to in paragraph 1 may contact each other directly. In such cases, the liaison magistrate shall inform the national member concerned of such contacts.
7. The liaison magistrates referred to in paragraph 1 shall be connected to the Case Management System.
1. Eurojust may, with the agreement of the Member States concerned, coordinate the execution of requests for judicial cooperation issued by a third State where these requests are part of the same investigation and require execution in at least two Member States. Requests referred to in this paragraph may also be transmitted to Eurojust by a competent national authority.
2. In case of urgency and in accordance with Article 5a, the OCC may receive and process requests referred to in paragraph 1 of this Article and issued by a third State which has concluded a cooperation agreement with Eurojust.
3. Without prejudice to Article 3(2), where requests for judicial cooperation, which relate to the same investigation and require execution in a third State, are made, Eurojust may also, with the agreement of the Member States concerned, facilitate judicial cooperation with that third State.
4. Requests referred to in paragraphs 1, 2 and 3 may be transmitted through Eurojust if it is in conformity with the instruments applicable to the relationship between that third State and the European Union or the Member States concerned.
1. Eurojust’s contractual liability shall be governed by the law applicable to the contract in question.
2. In the case of non-contractual liability, Eurojust shall, independently of any liability under Article 24, make good any damage caused through the fault of the College or the staff of Eurojust in the performance of their duties in so far as it may be imputed to them and regardless of the different procedures for claiming damages which exist under the law of the Member States.
3. Paragraph 2 shall also apply to damage caused through the fault of a national member, a deputy or an assistant in the performance of his duties. However, when he is acting on the basis of the powers granted to him pursuant to Articles 9a to 9e, his Member State of origin shall reimburse Eurojust the sums which Eurojust has paid to make good such damage.
4. The injured party shall have the right to demand that Eurojust refrain from taking, or cease, any action.
5. The national courts of the Member States competent to deal with disputes involving Eurojust’s liability as referred to in this Article shall be determined by reference to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(*11).
28.
in the second sentence of Article 28(2), the words ‘acting by qualified majority,’ shall be inserted after ‘the Council’;
29.
Article 29 shall be amended as follows:
(a)
in paragraph 1:
(i)
the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’;
(ii)
the following sentence shall be added:
‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’;
(b)
in paragraph 2, the second sentence shall be replaced by the following:
‘It may be extended once without a need for a call for applications, provided that the College so decides by a three-fourths majority and appoints the Administrative Director with the same majority.’;
(c)
in paragraph 5, the following sentence shall be added:
‘To that end, he shall be responsible for establishing and implementing, in cooperation with the College, an effective monitoring and evaluation procedure relating to the performance of Eurojust’s administration in terms of achieving its objectives. The Administrative Director shall report regularly to the College on the results of that monitoring.’;
30.
Article 30 shall be amended as follows:
(a)
in paragraph 2:
(i)
in the fourth sentence, the words ‘who may also assist the national member’ shall be added;
(ii)
the last sentence shall be replaced by the following:
‘The College shall adopt the necessary implementing arrangements for seconded national experts.’;
(b)
in paragraph 3, the words ‘without prejudice to Article 25a(1)(c) and (2)’ shall be added;
31.
Article 32 shall be amended as follows:
(a)
the title shall be replaced by the following:
‘Informing the European Parliament, the Council and the Commission’;
(b)
the following paragraph shall be added:
‘3. The Commission or the Council may seek Eurojust’s opinion on all draft instruments prepared under Title VI of the Treaty.’;
32.
Article 33 shall be replaced by the following:
1. The salaries and emoluments of the national members, deputies and assistants referred to in Article 2(2) shall be borne by their Member State of origin.
2. Where national members, deputies and assistants act within the framework of Eurojust’s tasks, the relevant expenditure related to these activities shall be regarded as operational expenditure within the meaning of Article 41(3) of the Treaty.’;
33.
Article 35(1) shall be amended as follows:
(a)
the words ‘31 March’ shall be replaced by ‘10 February’;
(b)
the following sentence shall be added:
‘The European Judicial Network and networks referred to in Article 25a(2) shall be informed on the parts related to the activities of their secretariats in due time before the forwarding of the estimate to the Commission.’;
34.
Article 36 shall be amended as follows:
(a)
in paragraph 2, the first sentence shall be replaced by the following:
‘2. By 1 March at the latest following each financial year, the accounting officer of Eurojust shall communicate the provisional accounts to the Commission’s accounting officer and the Court of Auditors together with a report on the budgetary and financial management for that financial year.’;
(b)
paragraph 3 shall be replaced by the following:
‘3. Eurojust shall send the report on the budgetary and financial management for the financial year to the European Parliament and the Council by 31 March of the following year.’;
(c)
in paragraph 10, the words ‘30 April’ shall be replaced by ‘15 May’;
35.
the following Article shall be inserted:
Eurojust shall apply the security principles and minimum standards set out in Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations(*12)in the management of EU classified information.
36.
Article 41 shall be replaced by the following:
1. Member States shall notify Eurojust and the General Secretariat of the Council of the designation of national members, deputies, assistants as well as persons referred to in Article 12(1) and (2) and of any change to this designation. The General Secretariat of the Council shall keep an updated list of these persons and shall make their names and contact details available to all Member States and to the Commission.
2. The definitive appointment of a national member can not take effect before the day on which the General Secretariat of the Council receives the official notifications referred to in paragraph 1 and Article 9a(3).’;
37.
the following Article shall be inserted:
1. Before 4 June 2014 and every five years thereafter, the College shall commission an independent external evaluation of the implementation of this Decision as well as of the activities carried out by Eurojust.
2. Each evaluation shall assess the impact of this Decision, Eurojust’s performance in terms of achieving the objectives referred to in this Decision as well as the effectiveness and efficiency of Eurojust. The College shall issue specific terms of reference in consultation with the Commission.
3. The evaluation report shall include the evaluation findings and recommendations. This report shall be forwarded to the European Parliament, the Council and the Commission and shall be made public.’;
38.
the Annex whose text appears in the Annex to this Decision shall be added.

Transposition
Article 2
1. If necessary the Member States shall bring their national law into conformity with this Decision at the earliest opportunity and in any case no later than 4 June 2011.
2. The Commission shall at regular intervals examine the implementation by the Member States of Decision 2002/187/JHA as amended and shall submit a report thereon to the European Parliament and to the Council together with, if appropriate, necessary proposals to improve judicial cooperation and the functioning of Eurojust. This shall in particular apply to Eurojust’s capacities to support Member States in fighting terrorism.

Taking of effect
Article 3
This Decision shall take effect on the day of its publication in theOfficial Journal of the European Union.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 31(2) and 34(2)(c) thereof,
Having regard to the initiative of the Kingdom of Belgium, the Czech Republic, the Republic of Estonia, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Kingdom of Sweden,
Having regard to the Opinion of the European Parliament(1),
(1) Eurojust was set up by Council Decision 2002/187/JHA(2)as a body of the European Union with legal personality to stimulate and to improve coordination and cooperation between competent judicial authorities of the Member States.
(2) On the basis of an assessment of the experience gained by Eurojust, a further enhancement of its operational effectiveness is needed by taking account of that experience.
(3) The time has come to ensure that Eurojust becomes more operational and that the status of national members is approximated.
(4) In order to ensure continuous and effective contribution from the Member States to the achievement by Eurojust of its objectives, the national member should be required to have his regular place of work at the seat of Eurojust.
(5) It is necessary to define a common basis of powers which every national member should have in his capacity as a competent national authority acting in accordance with national law. Some of these powers should be granted to the national member for urgent cases where it is not possible for him to identify or to contact the competent national authority in a timely manner. It is understood that these powers will not have to be exercised in so far as it is possible to identify and to contact the competent authority.
(6) This Decision does not affect the manner in which the Member States organise their internal judicial system or administrative procedures for the designation of the national member and the setting up of the internal working of the national desks at Eurojust.
(7) The setting up of an On-Call Coordination (OCC) within Eurojust is necessary to make Eurojust available around the clock and to enable it to intervene in urgent cases. It should be the responsibility of each Member State to ensure that their representatives in the OCC are able to act on a 24-hour/7-day basis.
(8) Member States should ensure that competent national authorities respond without undue delay to requests made under this Decision, even if competent national authorities refuse to comply with requests made by the national member.
(9) The role of the College should be enhanced in cases of conflict of jurisdiction and in cases of recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
(10) Eurojust national coordination systems should be set up in the Member States to coordinate the work carried out by the national correspondents for Eurojust, the national correspondent for Eurojust for terrorism matters, the national correspondent for the European Judicial Network and up to three other contact points of the European Judicial Network, as well as representatives in the Networks for Joint Investigation Teams, War Crimes, Asset Recovery and Corruption.
(11) The Eurojust national coordination system should ensure that the Case Management System receives information related to the Member State concerned in an efficient and reliable manner. However, the Eurojust national coordination system should not have to be responsible for actually transmitting information to Eurojust. Member States should decide on the best channel to be used for the transmission of information to Eurojust.
(12) In order to enable the Eurojust national coordination system to fulfil its tasks, a connection to the Case Management System should be ensured. The connection to the Case Management System should be made taking due account of national information technology systems. Access to the Case Management System at national level should be based on the central role played by the national member who is responsible for the opening and management of temporary work files.
(13) Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters(3)is applicable to the processing by the Member States of the personal data transferred between the Member States and Eurojust. The relevant set of data protection provisions of Decision 2002/187/JHA will not be affected by Framework Decision 2008/977/JHA and contains specific provisions on the protection of personal data regulating these matters in more detail because of the particular nature, functions and competences of Eurojust.
(14) Eurojust should be authorised to process certain personal data on persons who, under the national legislation of the Member States concerned, are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent, or who have been convicted of such an offence. The list of such personal data should include telephone numbers, e-mail addresses, vehicle registration data, DNA profiles established from the non-coding part of DNA, photographs and fingerprints. The list should also include traffic data and location data and the related data necessary to identify the subscriber or user of a publicly available electronic communications service; this should not include data revealing the content of the communication. It is not intended that Eurojust carry out an automated comparison of DNA profiles or fingerprints.
(15) Eurojust should be given the opportunity to extend the deadlines for storage of personal data in order to achieve its objectives. Such decisions should be taken following careful consideration of particular needs. Any extension of deadlines for processing personal data, where prosecution is statute barred in all Member States concerned, should be decided only where there is a specific need to provide assistance under this Decision.
(16) The Rules on the Joint Supervisory Body should facilitate its functioning.
(17) With a view to increasing the operational effectiveness of Eurojust, transmission of information to Eurojust should be improved by providing clear and limited obligations for national authorities.
(18) Eurojust should implement priorities set by the Council, in particular those set on the basis of the Organised Crime Threat Assessment (OCTA), as referred to in the Hague Programme(4).
(19) Eurojust is to maintain privileged relations with the European Judicial Network based on consultation and complementarity. This Decision should help clarify the respective roles of Eurojust and the European Judicial Network and their mutual relations, while maintaining the specificity of the European Judicial Network.
(20) Nothing in this Decision should be construed to affect the autonomy of the secretariats of the networks mentioned in this Decision when they discharge their function as Eurojust staff in accordance with the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 of the Council(5).
(21) It is also necessary to strengthen Eurojust’s capacity to work with external partners, such as third States, the European Police Office (Europol), the European Anti-Fraud Office (OLAF), the Council’s Joint Situation Centre and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex).
(22) Provision should be made for Eurojust to post liaison magistrates to third States in order to achieve objectives similar to those assigned to liaison magistrates seconded by the Member States on the basis of Council Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union(6).
(23) This Decision allows the principle of public access to official documents to be taken into account,
HAS DECIDED AS FOLLOWS:

Amendments to Decision 2002/187/JHA

Decision 2002/187/JHA is hereby amended as follows:
1.
Article 2 shall be replaced by the following:
1. Eurojust shall have one national member seconded by each Member State in accordance with its legal system, who is a prosecutor, judge or police officer of equivalent competence.
2. Member States shall ensure continuous and effective contribution to the achievement by Eurojust of its objectives under Article 3. To fulfil those objectives:
(a)
the national member shall be required to have his regular place of work at the seat of Eurojust;
(b)
each national member shall be assisted by one deputy and by another person as an assistant. The deputy and the assistant may have their regular place of work at Eurojust. More deputies or assistants may assist the national member and may, if necessary and with the agreement of the College, have their regular place of work at Eurojust.
3. The national member shall have a position which grants him the powers referred to in this Decision in order to be able to fulfil his tasks.
4. National members, deputies and assistants shall be subject to the national law of their Member State as regards their status.
5. The deputy shall fulfil the criteria provided for in paragraph 1 and be able to act on behalf of or to substitute the national member. An assistant may also act on behalf of or substitute the national member if he fulfils the criteria provided for in paragraph 1.
6. Eurojust shall be linked to a Eurojust national coordination system in accordance with Article 12.
7. Eurojust shall have the possibility of posting liaison magistrates in third States in accordance with this Decision.
8. Eurojust shall, in accordance with this Decision, have a Secretariat headed by an Administrative Director.’;
2.
Article 3 shall be amended as follows:
(a)
in paragraph 1(b), the words ‘international mutual legal assistance and the implementation of extradition requests’ shall be replaced by ‘requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;’;
(b)
in paragraph 2, the words ‘Article 27(3)’ shall be replaced by ‘Article 26a(2)’;
3.
Article 4(1) shall be amended as follows:
(a)
point (a) shall be replaced by the following:
‘(a)
the types of crime and the offences in respect of which Europol is at all times competent to act;’(7);
(b)
point (b) shall be deleted;
(c)
in point (c), the words ‘in points (a) and (b)’ shall be replaced by ‘in point (a)’;
4.
the following Article shall be inserted:
1. In order to fulfil its tasks in urgent cases, Eurojust shall put in place an On-Call Coordination (OCC) able to receive and process at all times requests referred to it. The OCC shall be contactable, through a single OCC contact point at Eurojust, on a 24-hour/7-day basis.
2. The OCC shall rely on one representative (OCC representative) per Member State who may be either the national member, his deputy, or an assistant entitled to replace the national member. The OCC representative shall be able to act on a 24-hour/7-day basis.
3. When in urgent cases a request for, or a decision on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, needs to be executed in one or more Member States, the requesting or issuing competent authority may forward it to the OCC. The OCC contact point shall immediately forward it to the OCC representative of the Member State from which the request originates and, if explicitly requested by the transmitting or issuing authority, to the OCC representatives of the Member States on the territory of which the request should be executed. These OCC representatives shall act without delay, in relation to the execution of the request in their Member State, through the exercise of tasks or powers available to them and referred to in Article 6 and Articles 9a to 9f.’;
5.
Article 6 shall be amended as follows:
(a)
the existing paragraph shall become paragraph 1;
(b)
paragraph 1(a) shall be replaced by the following:
‘(a)
may ask the competent authorities of the Member States concerned, giving its reasons, to:
(i)
undertake an investigation or prosecution of specific acts;
(ii)
accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;
(iii)
coordinate between the competent authorities of the Member States concerned;
(iv)
set up a joint investigation team in keeping with the relevant cooperation instruments;
(v)
provide it with any information that is necessary for it to carry out its tasks;
(vi)
take special investigative measures;
(vii)
take any other measure justified for the investigation or prosecution;’;
(c)
paragraph 1(g) shall be deleted;
(d)
the following paragraph shall be added:
‘2. The Member States shall ensure that competent national authorities respond without undue delay to requests made under this Article.’;
6.
Article 7 shall be amended as follows:
(a)
the existing paragraph shall become paragraph 1;
(b)
the following paragraphs shall be added:
‘2. Where two or more national members can not agree on how to resolve a case of conflict of jurisdiction as regards the undertaking of investigations or prosecution pursuant to Article 6 and in particular Article 6(1)(c), the College shall be asked to issue a written non-binding opinion on the case, provided the matter could not be resolved through mutual agreement between the competent national authorities concerned. The opinion of the College shall be promptly forwarded to the Member States concerned. This paragraph is without prejudice to paragraph 1(a)(ii).
3. Notwithstanding the provisions contained in any instruments adopted by the European Union regarding judicial cooperation, a competent authority may report to Eurojust recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, and request the College to issue a written non-binding opinion on the matter, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion of the College shall be promptly forwarded to the Member States concerned.’;
7.
Articles 8 and 9 shall be replaced by the following:
If the competent authorities of the Member States concerned decide not to comply with a request referred to in Article 6(1)(a) or Article 7(1)(a) or decide not to follow a written opinion referred to in Article 7(2) and (3), they shall inform Eurojust without undue delay of their decision and of the reasons for it. Where it is not possible to give the reasons for refusing to comply with a request because to do so would harm essential national security interests or would jeopardise the safety of individuals, the competent authorities of the Member States may cite operational reasons.
1. The length of a national member’s term of office shall be at least four years. The Member State of origin may renew the term of office. The national member shall not be removed before the end of a term without informing the Council before the removal and indicating to it the reason therefor. Where a national member is President or Vice-President of Eurojust, his term of office as a member shall at least be such that he can fulfil his function as President or Vice-President for the full elected term.
2. All information exchanged between Eurojust and Member States shall be directed through the national member.
3. In order to meet Eurojust’s objectives, the national member shall have at least equivalent access to, or at least be able to obtain the information contained in, the following types of registers of his Member State as would be available to him in his role as a prosecutor, judge or police officer, whichever is applicable, at national level:
(a)
criminal records;
(b)
registers of arrested persons;
(c)
investigation registers;
(d)
DNA registers;
(e)
other registers of his Member State where he deems this information necessary for him to be able to fulfil his tasks.
4. A national member may contact the competent authorities of his Member State directly.’;
8.
the following Articles shall be inserted:
1. When a national member exercises the powers referred to in Articles 9b, 9c and 9d, he does so in his capacity as a competent national authority acting in accordance with national law and subject to the conditions laid down in this Article and Articles 9b to 9e. In the performance of his tasks the national member shall, where appropriate, make it known whenever he is acting in accordance with the powers granted to national members under this Article and Articles 9b, 9c and 9d.
2. Each Member State shall define the nature and extent of the powers it grants its national member as regards judicial cooperation in respect of that Member State. However, each Member State shall grant its national member at least the powers described in Article 9b and, subject to Article 9e, the powers described in Articles 9c and 9d, which would be available to him as a judge, prosecutor or police officer, whichever is applicable, at national level.
3. When appointing its national member and at any other time if appropriate, the Member State shall notify Eurojust and the General Secretariat of the Council of its decision regarding the implementation of paragraph 2 so that the latter can inform the other Member States. The Member States shall undertake to accept and recognise the prerogatives thus granted in so far as they are in conformity with international commitments.
4. Each Member State shall define the right for a national member to act in relation to foreign judicial authorities, in accordance with its international commitments.
1. National members, in their capacity as competent national authorities, shall be entitled to receive, transmit, facilitate, follow up and provide supplementary information in relation to the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition. When powers referred to in this paragraph are exercised, the competent national authority shall be informed promptly.
2. In case of partial or inadequate execution of a request for judicial cooperation, national members, in their capacity as competent national authorities, shall be entitled to ask the competent national authority of their Member State for supplementary measures in order for the request to be fully executed.
1. National members may, in their capacity as competent national authorities, in agreement with a competent national authority, or at its request and on a case-by-case basis, exercise the following powers:
(a)
issuing and completing requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(b)
executing in their Member State requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(c)
ordering in their Member State investigative measures considered necessary at a coordination meeting organised by Eurojust to provide assistance to competent national authorities concerned by a concrete investigation and to which competent national authorities concerned with the investigation are invited to participate;
(d)
authorising and coordinating controlled deliveries in their Member State.
2. Powers referred to in this Article shall, in principle, be exercised by a competent national authority.
In their capacity as competent national authorities, national members shall, in urgent cases and in so far as it is not possible for them to identify or to contact the competent national authority in a timely manner, be entitled:
(a)
to authorise and to coordinate controlled deliveries in their Member State;
(b)
to execute, in relation to their Member State a request for, or a decision on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
As soon as the competent national authority is identified or contacted, it shall be informed of the exercise of powers referred to in this Article.
1. The national member, in his capacity as a competent national authority, shall be at least competent to submit a proposal to the authority competent for the carrying out of powers referred to in Articles 9c and 9d when granting such powers to the national member is contrary to:
(a)
constitutional rules;
or
(b)
fundamental aspects of the criminal justice system:
(i)
regarding the division of powers between the police, prosecutors and judges;
(ii)
regarding the functional division of tasks between prosecution authorities;
or
(iii)
related to the federal structure of the Member State concerned.
2. Member States shall ensure that, in cases referred to in paragraph 1, the request issued by the national member be handled without undue delay by the competent national authority.
National members shall be entitled to participate in joint investigation teams, including in their setting up, in accordance with Article 13 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union or Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams(*1), concerning their own Member State. However, Member States may make the participation of the national member subject to the agreement of the competent national authority. National members, their deputies or their assistants, shall be invited to participate in any joint investigation team involving their Member State and for which Community funding is provided under the applicable financial instruments. Each Member State shall define whether the national member participates in the joint investigation team as a national competent authority or on behalf of Eurojust.
9.
Article 10 shall be amended as follows:
(a)
in paragraph 2, the first sentence shall be replaced by the following:
‘2. The Council shall, acting by qualified majority, approve Eurojust’s Rules of Procedure on a proposal from the College. The College shall adopt its proposal by a two-thirds majority after consulting the Joint Supervisory Board provided for in Article 23 as regards the provisions on the processing of personal data.’;
(b)
in paragraph 3, the words ‘in accordance with Article 7(a)’ shall be replaced by ‘in accordance with Article 7(1)(a), (2) and (3)’;
10.
Article 12 shall be replaced by the following:
1. Each Member State shall designate one or more national correspondents for Eurojust.
2. Each Member State shall, before 4 June 2011, set up a Eurojust national coordination system to ensure coordination of the work carried out by:
(a)
the national correspondents for Eurojust;
(b)
the national correspondent for Eurojust for terrorism matters;
(c)
the national correspondent for the European Judicial Network and up to three other contact points of the European Judicial Network;
(d)
national members or contact points of the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes(*2), Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime(*3)and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption(*4).
3. The persons referred to in paragraphs 1 and 2 shall maintain their position and status under national law.
4. The national correspondents for Eurojust shall be responsible for the functioning of the Eurojust national coordination system. When several correspondents for Eurojust are designated, one of them shall be responsible for the functioning of the Eurojust national coordination system.
5. The Eurojust national coordination system shall facilitate, within the Member State, the carrying out of the tasks of Eurojust, in particular by:
(a)
ensuring that the Case Management System referred to in Article 16 receives information related to the Member State concerned in an efficient and reliable manner;
(b)
assisting in determining whether a case should be dealt with with the assistance of Eurojust or of the European Judicial Network;
(c)
assisting the national member to identify relevant authorities for the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition;
(d)
maintaining close relations with the Europol National Unit.
6. In order to meet the objectives referred to in paragraph 5, persons referred to in paragraph 1 and paragraph 2(a), (b) and (c) shall, and persons referred to in paragraph 2(d) may, be connected to the Case Management System in accordance with this Article and Articles 16, 16a, 16b and 18 as well as with the Rules of Procedure of Eurojust. The connection to the Case Management System shall be at the charge of the general budget of the European Union.
7. Nothing in this Article shall be construed to affect direct contacts between competent judicial authorities as provided for in instruments on judicial cooperation, such as Article 6 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. Relations between the national member and national correspondents shall not preclude direct contacts between the national member and his competent authorities.
11.
Article 13 shall be replaced by the following:
1. The competent authorities of the Member States shall exchange with Eurojust any information necessary for the performance of its tasks in accordance with Articles 4 and 5 as well as with the rules on data protection set out in this Decision. This shall at least include the information referred to in paragraphs 5, 6 and 7.
2. The transmission of information to Eurojust shall be interpreted as a request for the assistance of Eurojust in the case concerned only if so specified by a competent authority.
3. The national members of Eurojust shall be empowered to exchange any information necessary for the performance of the tasks of Eurojust, without prior authorisation, among themselves or with their Member State’s competent authorities. In particular national members shall be promptly informed of a case which concerns them.
4. This Article shall be without prejudice to other obligations regarding the transmission of information to Eurojust, including Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences(*5).
5. Member States shall ensure that national members are informed of the setting up of a joint investigation team, whether it is set up under Article 13 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union or under Framework Decision 2002/465/JHA, and of the results of the work of such teams.
6. Member States shall ensure that their national member is informed without undue delay of any case in which at least three Member States are directly involved and for which requests for or decisions on judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States and
(a)
the offence involved is punishable in the requesting or issuing Member State by a custodial sentence or a detention order for a maximum period of at least five or six years, to be decided by the Member State concerned, and is included in the following list:
(i)
trafficking in human beings;
(ii)
sexual exploitation of children and child pornography;
(iii)
drug trafficking;
(iv)
trafficking in firearms, their parts and components and ammunition;
(v)
corruption;
(vi)
fraud affecting the financial interests of the European Communities;
(vii)
counterfeiting of the euro;
(viii)
money laundering;
(ix)
attacks against information systems;
or
(b)
there are factual indications that a criminal organisation is involved;
or
(c)
there are indications that the case may have a serious cross-border dimension or repercussions at European Union level or that it might affect Member States other than those directly involved.
7. Member States shall ensure that their national member is informed of:
(a)
cases where conflicts of jurisdiction have arisen or are likely to arise;
(b)
controlled deliveries affecting at least three States, at least two of which are Member States;
(c)
repeated difficulties or refusals regarding the execution of requests for, and decisions on, judicial cooperation, including regarding instruments giving effect to the principle of mutual recognition.
8. National authorities shall not be obliged in a particular case to supply information if this would mean:
(a)
harming essential national security interests; or
(b)
jeopardising the safety of individuals.
9. This Article shall be without prejudice to conditions set in bilateral or multilateral agreements or arrangements between Member States and third countries including any conditions set by third countries concerning the use of information once supplied.
10. Information transmitted to Eurojust pursuant to paragraphs 5, 6 and 7 shall at least include, where available, the types of information contained in the list provided for in the Annex.
11. Information referred to in this Article shall be transmitted to Eurojust in a structured way.
12. By 4 June 2014(*5), the Commission shall establish, on the basis of information transmitted by Eurojust, a report on the implementation of this Article, accompanied by any proposal it may deem appropriate, including with a view to considering an amendment of paragraphs 5, 6 and 7 and the Annex.
12.
the following Article shall be inserted:
1. Eurojust shall provide competent national authorities with information and feedback on the results of the processing of information, including the existence of links with cases already stored in the Case Management System.
2. Furthermore, where a competent national authority requests Eurojust to provide it with information, Eurojust shall transmit it in the timeframe requested by that authority.’;
13.
Article 14 shall be amended as follows:
(a)
in paragraph 3, the words ‘in accordance with Articles 13 and 26’ shall be replaced by ‘in accordance with Articles 13, 26 and 26a’;
(b)
paragraph 4 shall be deleted;
14.
Article 15(1) shall be amended as follows:
(a)
in the introductory phrase the words ‘are the subject of a criminal investigation or prosecution for one or more of the types of crime and the offences defined in Article 4’ shall be replaced by ‘are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent or who have been convicted of such an offence’;
(b)
the following points shall be added:
‘(l)
telephone numbers, e-mail addresses and data referred to in Article 2(2)(a) of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks(*6);
(m)
vehicle registration data;
(n)
DNA profiles established from the non-coding part of DNA, photographs and fingerprints.
15.
Article 16 shall be replaced by the following:
1. In accordance with this Decision, Eurojust shall establish a Case Management System composed of temporary work files and of an index which contain personal and non-personal data.
2. The Case Management System shall be intended to:
(a)
support the management and coordination of investigations and prosecutions for which Eurojust is providing assistance, in particular by the cross-referencing of information;
(b)
facilitate access to information on ongoing investigations and prosecutions;
(c)
facilitate the monitoring of lawfulness and compliance with the provisions of this Decision concerning the processing of personal data.
3. The Case Management System, in so far as this is in conformity with rules on data protection contained in this Decision, may be linked to the secure telecommunications connection referred to in Article 9 of Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network(*7).
4. The index shall contain references to temporary work files processed within the framework of Eurojust and may contain no personal data other than those referred to in Article 15(1)(a) to (i), (k) and (m) and in Article 15(2).
5. In the performance of their duties in accordance with this Decision, the national members of Eurojust may process data on the individual cases on which they are working in a temporary work file. They shall allow the Data Protection Officer to have access to the work file. The Data Protection Officer shall be informed by the national member concerned of the opening of each new temporary work file that contains personal data.
6. For the processing of case related personal data, Eurojust may not establish any automated data file other than the Case Management System.
16.
the following Articles shall be inserted:
1. A temporary work file shall be opened by the national member concerned for every case with respect to which information is transmitted to him in so far as this transmission is in accordance with this Decision or with instruments referred to in Article 13(4). The national member shall be responsible for the management of the temporary work files which he has opened.
2. The national member who has opened a temporary work file shall decide, on a case-by-case basis, whether to keep the temporary work file restricted or to give access to it or to parts of it, where necessary to enable Eurojust to carry out its tasks, to other national members or to authorised Eurojust staff.
3. The national member who has opened a temporary work file shall decide which information related to this temporary work file shall be introduced in the index.
1. Persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6) may only have access to:
(a)
the index, unless the national member who has decided to introduce the data in the index expressly denied such access;
(b)
temporary work files opened or managed by the national member of their Member State;
(c)
temporary work files opened or managed by national members of other Member States and to which the national member of their Member States has received access unless the national member who opened or manages the temporary work file expressly denied such access.
2. The national member shall, within the limitations provided for in paragraph 1, decide on the extent of access to the temporary work files which is granted in his Member State to persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6).
3. Each Member State shall decide, after consultation with its national member, on the extent of access to the index which is granted in that Member State to persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6). Member States shall notify Eurojust and the General Secretariat of the Council of their decision regarding the implementation of this paragraph so that the latter can inform the other Member States.
However, persons referred to in Article 12(2), in so far as they are connected to the Case Management System in accordance with Article 12(6), shall at least have access to the index to the extent necessary to access the temporary work files to which they have been granted access in accordance with paragraph 2 of this Article.
4. By 4 June 2013, Eurojust shall report to the Council and the Commission on the implementation of paragraph 3. Each Member State shall consider, on the basis of that report, the opportunity to review the extent of access provided in accordance with paragraph 3.’;
17.
Article 17 shall be amended as follows:
(a)
in paragraph 1, the words ‘take instructions from no-one’ shall be replaced by ‘act independently’;
(b)
in paragraphs 3 and 4, the words ‘the Officer’ shall be replaced by ‘the Data Protection Officer’;
18.
Article 18 shall be replaced by the following:
Only national members, their deputies and their assistants referred to in Article 2(2), persons referred to in Article 12(2) in so far as they are connected to the Case Management System in accordance with Article 12(6) and authorised Eurojust staff may, for the purpose of achieving Eurojust’s objectives and within the limits provided for in Articles 16, 16a and 16b, have access to personal data processed by Eurojust.’;
19.
in Article 19(4)(b), the words ‘which Eurojust is assisting’ shall be deleted;
20.
Article 21 shall be amended as follows:
(a)
paragraph 2 shall be amended as follows:
(i)
in the introductory phrase the words ‘the first applicable date among the following dates’ shall be inserted after the word ‘beyond’;
(ii)
the following point shall be inserted:
‘(aa)
the date on which the person was acquitted and the decision became final;’
(iii)
point (b) shall be replaced by the following:
‘(b)
three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;’
(iv)
in point (c), the words ‘, unless there is an obligation to provide Eurojust with this information in accordance with Article 13(6) and (7) or with instruments referred to in Article 13(4)’ shall be added after the word ‘prosecutions’;
(v)
the following point shall be added:
‘(d)
three years after the date on which data were transmitted in accordance with Article 13(6) and (7) or with the instruments referred to in Article 13(4).’
(b)
paragraph 3 shall be amended as follows:
(i)
in points (a) and (b) the words ‘in paragraph 2’ shall be replaced by ‘in paragraph 2(a), (b), (c) and (d)’;
(ii)
in point (b) the following sentence shall be added:
‘However, once prosecution is statute barred in all Member States concerned as referred to in paragraph 2(a), data may only be stored if they are necessary in order for Eurojust to provide assistance in accordance with this Decision.’;
21.
Article 23 shall be amended as follows:
(a)
paragraph 1 shall be amended as follows:
(i)
in the first subparagraph, the words ‘in Articles 14 to 22’ shall be replaced by ‘in Articles 14 to 22, 26, 26a and 27’;
(ii)
the second subparagraph shall be replaced by the following:
‘The Joint Supervisory Body shall meet at least once in each half year. It shall also meet within the three months following the lodging of an appeal referred to in Article 19(8) or within three months following the date when a case was referred to it in accordance with Article 20(2). The Joint Supervisory Body may also be convened by its chairman when at least two Member States so request.’;
(iii)
in the third subparagraph, second sentence, the words ‘eighteen months’ shall be replaced by ‘three years’;
(b)
paragraph 3 shall be replaced by the following:
‘3. A judge appointed by a Member State shall become a permanent member after being elected by the plenary meeting of the persons appointed by the Member States in accordance with paragraph 1, and shall remain a permanent member for three years. Elections shall be held yearly for one permanent member of the Joint Supervisory Body by means of secret ballot. The Joint Supervisory Body shall be chaired by the member who is in his third year of mandate after elections. Permanent members may be re-elected. Appointees wishing to be elected shall present their candidacy in writing to the Secretariat of the Joint Supervisory Body 10 days before the meeting in which the election is to take place.’;
(c)
the following paragraph shall be inserted:
‘4a. The Joint Supervisory Body shall adopt in its rules of procedure measures necessary to implement paragraphs 3 and 4.’;
(d)
in paragraph 10, the following sentence shall be added:
‘The Secretariat of the Joint Supervisory Body may rely upon the expertise of the secretariat established by Decision 2000/641/JHA(*8).
22.
Article 25 shall be amended as follows:
(a)
paragraph 1 shall be replaced by the following:
‘1. The national members, their deputies and their assistants referred to in Article 2(2), Eurojust staff, national correspondents and the Data Protection Officer shall be bound by an obligation of confidentiality, without prejudice to Article 2(4).’;
(b)
in paragraph 4, the words ‘Article 9(1)’ shall be replaced by ‘Article 2(4)’.
23.
the following Article shall be inserted:
1. Eurojust and the European Judicial Network shall maintain privileged relations with each other, based on consultation and complementarity, especially between the national member, the European Judicial Network contact points of the same Member State and the national correspondents for Eurojust and the European Judicial Network. In order to ensure efficient cooperation, the following measures shall be taken:
(a)
national members shall, on a case-by-case basis, inform the European Judicial Network contact points of all cases which they consider the Network to be in a better position to deal with;
(b)
the Secretariat of the European Judicial Network shall form part of the staff of Eurojust. It shall function as a separate unit. It may draw on the administrative resources of Eurojust which are necessary for the performance of the European Judicial Network’s tasks, including for covering the costs of the plenary meetings of the Network. Where plenary meetings are held at the premises of the Council in Brussels, the costs may only cover travel expenses and costs for interpretation. Where plenary meetings are held in the Member State holding the Presidency of the Council, the costs may only cover part of the overall costs of the meeting;
(c)
European Judicial Network contact points may be invited on a case-by-case basis to attend Eurojust meetings.
2. Without prejudice to Article 4(1), the Secretariat of the Network for Joint Investigation Teams and of the network set up by Decision 2002/494/JHA shall form part of the staff of Eurojust. These secretariats shall function as separate units. They may draw on the administrative resources of Eurojust which are necessary for the performance of their tasks. Coordination between the secretariats shall be ensured by Eurojust.
This paragraph shall apply to the secretariat of any new network set up by a decision of the Council where that decision provides that the secretariat shall be provided by Eurojust.
3. The network set up by Decision 2008/852/JHA may request that Eurojust provide a secretariat to the network. If such request is made, paragraph 2 shall apply.’;
24.
Article 26 shall be replaced by the following:
1. In so far as is relevant for the performance of its tasks, Eurojust may establish and maintain cooperative relations with the institutions, bodies and agencies set up by, or on the basis of, the Treaties establishing the European Communities or the Treaty on European Union. Eurojust shall establish and maintain cooperative relations with at least:
(a)
Europol;
(b)
OLAF;
(c)
the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex);
(d)
the Council, in particular its Joint Situation Centre.
Eurojust shall also establish and maintain cooperative relations with the European Judicial Training Network.
2. Eurojust may conclude agreements or working arrangements with the entities referred to in paragraph 1. Such agreements or working arrangements may, in particular, concern the exchange of information, including personal data, and the secondment of liaison officers to Eurojust. Such agreements or working arrangements may only be concluded after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council, acting by qualified majority. Eurojust shall inform the Council of any plans it has for entering into any such negotiations and the Council may draw any conclusions it deems appropriate.
3. Prior to the entry into force of an agreement or arrangement as referred to in paragraph 2, Eurojust may directly receive and use information, including personal data, from the entities referred to in paragraph 1, in so far as this is necessary for the legitimate performance of its tasks, and it may directly transmit information, including personal data, to such entities, in so far as this is necessary for the legitimate performance of the recipient’s tasks and in accordance with the rules on data protection provided in this Decision.
4. OLAF may contribute to Eurojust’s work to coordinate investigations and prosecution procedures regarding the protection of the financial interests of the European Communities, either on the initiative of Eurojust or at the request of OLAF where the competent national authorities concerned do not oppose such participation.
5. For purposes of the receipt and transmission of information between Eurojust and OLAF, and without prejudice to Article 9, Member States shall ensure that the national members of Eurojust shall be regarded as competent authorities of the Member States solely for the purposes of Regulation (EC) No 1073/1999 and Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(*9). The exchange of information between OLAF and national members shall be without prejudice to the information which must be given to other competent authorities under those Regulations.
25.
the following Article shall be inserted:
1. In so far as is required for the performance of its tasks, Eurojust may establish and maintain cooperative relations with the following entities:
(a)
third States;
(b)
organisations such as:
(i)
international organisations and their subordinate bodies governed by public law;
(ii)
other bodies governed by public law which are based on an agreement between two or more States; and
(iii)
the International Criminal Police Organisation (Interpol).
2. Eurojust may conclude agreements with the entities referred to in paragraph 1. Such agreements may, in particular, concern the exchange of information, including personal data, and the secondment of liaison officers or liaison magistrates to Eurojust. Such agreements may only be concluded after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council, acting by qualified majority. Eurojust shall inform the Council of any plans it has for entering into any such negotiations and the Council may draw any conclusions it deems appropriate.
3. Agreements referred to in paragraph 2 containing provisions on the exchange of personal data may only be concluded if the entity concerned is subject to the Council of Europe Convention of 28 January 1981 or after an assessment confirming the existence of an adequate level of data protection ensured by that entity.
4. Agreements referred to in paragraph 2 shall include provisions on the monitoring of their implementation, including implementation of the rules on data protection.
5. Prior to the entry into force of the agreements referred to in paragraph 2, Eurojust may directly receive information, including personal data in so far as this is necessary for the legitimate performance of its tasks.
6. Prior to the entry into force of the agreements referred to in paragraph 2, Eurojust may under the conditions laid down in Article 27(1), directly transmit information, except for personal data, to these entities, in so far as this is necessary for the legitimate performance of the recipient’s tasks.
7. Eurojust may, under the conditions laid down in Article 27(1), transmit personal data to the entities referred to in paragraph 1, where:
(a)
this is necessary in individual cases for the purposes of preventing or combating criminal offences for which Eurojust is competent; and
(b)
Eurojust has concluded an agreement as referred to in paragraph 2 with the entity concerned which has entered into force and which permits the transmission of such data.
8. Any subsequent failure, or substantial likelihood of failure, on the part of the entities referred to in paragraph 1 to meet the conditions referred to in paragraph 3, shall immediately be communicated by Eurojust to the Joint Supervisory Body and the Member States concerned. The Joint Supervisory Body may prevent the further exchange of personal data with the relevant entities until it is satisfied that adequate remedies have been provided.
9. However, even if the conditions referred to in paragraph 7 are not fulfilled, a national member may, acting in his capacity as a competent national authority and in conformity with the provisions of his own national law, by way of exception and with the sole aim of taking urgent measures to counter imminent serious danger threatening a person or public security, carry out an exchange of information involving personal data. The national member shall be responsible for the legality of authorising the communication. The national member shall keep a record of communications of data and of the grounds for such communications. The communication of data shall be authorised only if the recipient gives an undertaking that the data will be used only for the purpose for which they were communicated.’
26.
Article 27 shall be replaced by the following:
1. Before Eurojust exchanges any information with the entities referred to in Article 26a, the national member of the Member State which submitted the information shall give his consent to the transfer of that information. In appropriate cases the national member shall consult the competent authorities of the Member States.
2. Eurojust shall be responsible for the legality of the transmission of data. Eurojust shall keep a record of all transmissions of data under Articles 26 and 26a and of the grounds for such transmissions. Data shall only be transmitted if the recipient gives an undertaking that the data will be used only for the purpose for which they were transmitted.’;
27.
the following Articles shall be inserted:
1. For the purpose of facilitating judicial cooperation with third States in cases in which Eurojust is providing assistance in accordance with this Decision, the College may post liaison magistrates to a third State, subject to an agreement as referred to in Article 26a with that third State. Before negotiations are entered into with a third State, the Council, acting by qualified majority, shall give its approval. Eurojust shall inform the Council of any plans it has for entering into any such negotiations and the Council may draw any conclusions it deems appropriate.
2. The liaison magistrate referred to in paragraph 1 is required to have experience of working with Eurojust and adequate knowledge of judicial cooperation and how Eurojust operates. The posting of a liaison magistrate on behalf of Eurojust shall be subject to the prior consent of the magistrate and of his Member State.
3. Where the liaison magistrate posted by Eurojust is selected among national members, deputies or assistants:
(i)
he shall be replaced in his function as a national member, deputy or assistant, by the Member State;
(ii)
he ceases to be entitled to exercise the powers granted to him in accordance with Articles 9a to 9e.
4. Without prejudice to Article 110 of the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68(*10), the College shall draw up rules on the posting of liaison magistrates and adopt the necessary implementing arrangements in this respect in consultation with the Commission.
5. The activities of liaison magistrates posted by Eurojust shall be the subject of supervision by the Joint Supervisory Body. The liaison magistrates shall report to the College, which shall inform the European Parliament and the Council in the annual report and in an appropriate manner of their activities. The liaison magistrates shall inform national members and national competent authorities of all cases concerning their Member State.
6. Competent authorities of the Member States and liaison magistrates referred to in paragraph 1 may contact each other directly. In such cases, the liaison magistrate shall inform the national member concerned of such contacts.
7. The liaison magistrates referred to in paragraph 1 shall be connected to the Case Management System.
1. Eurojust may, with the agreement of the Member States concerned, coordinate the execution of requests for judicial cooperation issued by a third State where these requests are part of the same investigation and require execution in at least two Member States. Requests referred to in this paragraph may also be transmitted to Eurojust by a competent national authority.
2. In case of urgency and in accordance with Article 5a, the OCC may receive and process requests referred to in paragraph 1 of this Article and issued by a third State which has concluded a cooperation agreement with Eurojust.
3. Without prejudice to Article 3(2), where requests for judicial cooperation, which relate to the same investigation and require execution in a third State, are made, Eurojust may also, with the agreement of the Member States concerned, facilitate judicial cooperation with that third State.
4. Requests referred to in paragraphs 1, 2 and 3 may be transmitted through Eurojust if it is in conformity with the instruments applicable to the relationship between that third State and the European Union or the Member States concerned.
1. Eurojust’s contractual liability shall be governed by the law applicable to the contract in question.
2. In the case of non-contractual liability, Eurojust shall, independently of any liability under Article 24, make good any damage caused through the fault of the College or the staff of Eurojust in the performance of their duties in so far as it may be imputed to them and regardless of the different procedures for claiming damages which exist under the law of the Member States.
3. Paragraph 2 shall also apply to damage caused through the fault of a national member, a deputy or an assistant in the performance of his duties. However, when he is acting on the basis of the powers granted to him pursuant to Articles 9a to 9e, his Member State of origin shall reimburse Eurojust the sums which Eurojust has paid to make good such damage.
4. The injured party shall have the right to demand that Eurojust refrain from taking, or cease, any action.
5. The national courts of the Member States competent to deal with disputes involving Eurojust’s liability as referred to in this Article shall be determined by reference to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(*11).
28.
in the second sentence of Article 28(2), the words ‘acting by qualified majority,’ shall be inserted after ‘the Council’;
29.
Article 29 shall be amended as follows:
(a)
in paragraph 1:
(i)
the words ‘unanimously’ shall be replaced by ‘by two-thirds majority’;
(ii)
the following sentence shall be added:
‘The Commission shall be entitled to participate in the selection process and to sit on the selection board.’;
(b)
in paragraph 2, the second sentence shall be replaced by the following:
‘It may be extended once without a need for a call for applications, provided that the College so decides by a three-fourths majority and appoints the Administrative Director with the same majority.’;
(c)
in paragraph 5, the following sentence shall be added:
‘To that end, he shall be responsible for establishing and implementing, in cooperation with the College, an effective monitoring and evaluation procedure relating to the performance of Eurojust’s administration in terms of achieving its objectives. The Administrative Director shall report regularly to the College on the results of that monitoring.’;
30.
Article 30 shall be amended as follows:
(a)
in paragraph 2:
(i)
in the fourth sentence, the words ‘who may also assist the national member’ shall be added;
(ii)
the last sentence shall be replaced by the following:
‘The College shall adopt the necessary implementing arrangements for seconded national experts.’;
(b)
in paragraph 3, the words ‘without prejudice to Article 25a(1)(c) and (2)’ shall be added;
31.
Article 32 shall be amended as follows:
(a)
the title shall be replaced by the following:
‘Informing the European Parliament, the Council and the Commission’;
(b)
the following paragraph shall be added:
‘3. The Commission or the Council may seek Eurojust’s opinion on all draft instruments prepared under Title VI of the Treaty.’;
32.
Article 33 shall be replaced by the following:
1. The salaries and emoluments of the national members, deputies and assistants referred to in Article 2(2) shall be borne by their Member State of origin.
2. Where national members, deputies and assistants act within the framework of Eurojust’s tasks, the relevant expenditure related to these activities shall be regarded as operational expenditure within the meaning of Article 41(3) of the Treaty.’;
33.
Article 35(1) shall be amended as follows:
(a)
the words ‘31 March’ shall be replaced by ‘10 February’;
(b)
the following sentence shall be added:
‘The European Judicial Network and networks referred to in Article 25a(2) shall be informed on the parts related to the activities of their secretariats in due time before the forwarding of the estimate to the Commission.’;
34.
Article 36 shall be amended as follows:
(a)
in paragraph 2, the first sentence shall be replaced by the following:
‘2. By 1 March at the latest following each financial year, the accounting officer of Eurojust shall communicate the provisional accounts to the Commission’s accounting officer and the Court of Auditors together with a report on the budgetary and financial management for that financial year.’;
(b)
paragraph 3 shall be replaced by the following:
‘3. Eurojust shall send the report on the budgetary and financial management for the financial year to the European Parliament and the Council by 31 March of the following year.’;
(c)
in paragraph 10, the words ‘30 April’ shall be replaced by ‘15 May’;
35.
the following Article shall be inserted:
Eurojust shall apply the security principles and minimum standards set out in Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations(*12)in the management of EU classified information.
36.
Article 41 shall be replaced by the following:
1. Member States shall notify Eurojust and the General Secretariat of the Council of the designation of national members, deputies, assistants as well as persons referred to in Article 12(1) and (2) and of any change to this designation. The General Secretariat of the Council shall keep an updated list of these persons and shall make their names and contact details available to all Member States and to the Commission.
2. The definitive appointment of a national member can not take effect before the day on which the General Secretariat of the Council receives the official notifications referred to in paragraph 1 and Article 9a(3).’;
37.
the following Article shall be inserted:
1. Before 4 June 2014 and every five years thereafter, the College shall commission an independent external evaluation of the implementation of this Decision as well as of the activities carried out by Eurojust.
2. Each evaluation shall assess the impact of this Decision, Eurojust’s performance in terms of achieving the objectives referred to in this Decision as well as the effectiveness and efficiency of Eurojust. The College shall issue specific terms of reference in consultation with the Commission.
3. The evaluation report shall include the evaluation findings and recommendations. This report shall be forwarded to the European Parliament, the Council and the Commission and shall be made public.’;
38.
the Annex whose text appears in the Annex to this Decision shall be added.

Transposition

1. If necessary the Member States shall bring their national law into conformity with this Decision at the earliest opportunity and in any case no later than 4 June 2011.
2. The Commission shall at regular intervals examine the implementation by the Member States of Decision 2002/187/JHA as amended and shall submit a report thereon to the European Parliament and to the Council together with, if appropriate, necessary proposals to improve judicial cooperation and the functioning of Eurojust. This shall in particular apply to Eurojust’s capacities to support Member States in fighting terrorism.

Taking of effect

This Decision shall take effect on the day of its publication in theOfficial Journal of the European Union.
ANNEX
‘ANNEX
List referred to in Article 13(10) setting out the minimum types of information to be transmitted, where available, to Eurojust pursuant to Article 13(5), (6) and (7) 1. For situations referred to in Article 13(5):
(a) participating Member States;
(b) type of offences concerned;
(c) date of the agreement setting up the team;
(d) planned duration of the team, including modification of this duration;
(e) details of the leader of the team for each participating Member State;
(f) short summary of the results of the joint investigation teams. 2. For situations referred to in Article 13(6):
(a) data which identify the person, group or entity that is the object of a criminal investigation or prosecution;
(b) Member States concerned;
(c) the offence concerned and its circumstances;
(d) data related to the requests for, or decisions on, judicial cooperation including regarding instruments giving effect to the principle of mutual recognition, which are issued, including:
(i) date of the request;
(ii) requesting or issuing authority;
(iii) requested or executing authority;
(iv) type of request (measures requested);
(v) whether or not the request has been executed, and if not on what grounds. 3. For situations referred to in Article 13(7)(a):
(a) Member States and competent authorities concerned;
(b) data which identify the person, group or entity that is the object of a criminal investigation or prosecution;
(c) the offence concerned and its circumstances. 4. For situations referred to in Article 13(7)(b):
(a) Member States and competent authorities concerned;
(b) data which identify the person, group or entity that is the object of a criminal investigation or prosecution;
(c) type of delivery;
(d) type of offence in connection with which the controlled delivery is carried out. 5. For situations referred to in Article 13(7)(c):
(a) requesting or issuing State;
(b) requested or executing State;
(c) description of the difficulties.’

Pending: 32009D0349

January 16, 2026
28.4.2009 EN Official Journal of the European Union L 106/60
(1) Following the adoption by the United Nations Security Council on 31 March 2008 of Resolution 1807 (2008) (UNSCR 1807 (2008)), the Council adopted Common Position 2008/369/CFSP on 14 May 2008 concerning restrictive measures against the Democratic Republic of the Congo.
(2) On 3 March 2009, the Sanctions Committee established pursuant to United Nations Security Council Resolution 1533 (2004) (UNSCR 1533 (2004)) amended the list of persons and entities which are subject to restrictive measures.
(3) The lists of persons and entities which are subject to restrictive measures in the Annex to Common Position 2008/369/CFSP should be replaced accordingly. The lists should also be amended to include additional information for certain persons and entities and to remove one individual as determined by the Sanctions Committee,
Surname First Name Alias Sex Title, function Address(No, street, postal code, town, country) Date of birth Place of birth(town, country) Passport or ID Number(including country that issued and date and place of issue) Nationality Date of designation Other information
1. BWAMBALE Frank Kakolele Frank Kakorere, Frank Kakorere Bwambale M 1.11.2005 Former RCD-ML leader, exercising influence over policies and maintaining command and control over the activities of RCD-ML forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. Left the CNDP in January 2008. As of December 2008 resides in Kinshasa.
2. KAKWAVU BUKANDE Jérôme Jérôme Kakwavu M Congolese 1.11.2005 Known as: “Commandant Jérôme”. Former President of UCD/FAPC. FAPC’s control of illegal border posts between Uganda and the DRC – a key transit route for arms flows. As President of the FAPC, he exercises influence over policies and maintains command and control over the activities of FAPC forces which have been involved in arms trafficking and, consequently, in violation of the arms embargo. Given the rank of General in the FARDC in December 2004. As of December 2008, remains in the FARDC, based in Kinshasa.
3. KATANGA Germain M Congolese 1.11.2005 FRPI chief. Appointed General in the FARDC in December 2004. Involved in weapons transfers, in violation of the arms embargo. Under house arrest in Kinshasa from March 2005 for FRPI involvement in human rights abuses. Handed over by the Government of the DRC to the International Criminal Court on 18 October 2007.
4. LUBANGA Thomas M Ituri Congolese 1.11.2005 President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. Arrested in Kinshasa in March 2005 for UPC/L involvement in human rights abuses violations. Transferred to the ICC by the Congolese authorities on 17 March 2006. As of December 2008 is being tried for war crimes.
5. MANDRO Khawa Panga Kawa Panga, Kawa Panga Mandro, Kawa Mandro, Yves Andoul Karim, Mandro Panga Kahwa, Yves Khawa Panga Mandro M 20.8.1973 Bunia Congolese 1.11.2005 Known as: “Chief Kahwa”, “Kawa”. Ex-President of PUSIC, one of the armed groups and militia referred to in paragraph 20 of Resolution 1493 (2003) involved in arms trafficking, in violation of the arms embargo. In prison in Bunia since 04/05 for sabotage of the Ituri peace process. Arrested by Congolese authorities in October 2005, acquitted by the Court of Appeal in Kisangani, subsequently transferred to the judicial authorities in Kinshasa on new charges of crimes against humanity, war crimes, murder, aggravated assault and battery.
6. MBARUSHIMANA Callixte M 24.7.1963 Ndusu/Ruhengeri Northern Province, Rwanda Rwandan 3.3.2009 Executive Secretary of the FDLR. Political/Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, per Security Council Resolution 1857 (2008) OP 4 (b). Current location: Paris or Thaïs, France.
7. MPAMO Iruta Douglas Mpano, Douglas Iruta Mpamo M Bld Kanyamuhanga 52, Goma 28.12.1965/29.12.1965 Bashali, Masisi/Goma, DRC Congolese 1.11.2005 Owner/Manager of the Compagnie Aérienne des Grands Lacs and of Great Lakes Business Company, whose aircraft were used to provide assistance to armed groups and militias referred to in paragraph 20 of Res. 1493 (2003). Also responsible for disguising information on flights and cargo apparently to allow for the violation of the arms embargo. Based in Goma and Gisenyi, Rwanda. Frequently travels across international border between Rwanda and Congo.
8. MUDACUMURA Sylvestre M Rwandan 1.11.2005 Known as: “Radja”, “Mupenzi Bernard”, “General Major Mupenzi”. FDLR Commander exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. As of December 2008, continues to serve as FDLR-FOCA military commander. Based in Kibua, Masisi territory, DRC.
9. MUJYAMBERE Leopold Musenyeri, Achille, Frere Petrus Ibrahim M 17.3.1962, Est. 1966 Kigali, Rwanda Rwandan 3.3.2009 Colonel. Commander of the Second Division of FOCA/the Reserve Brigades (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youths aged 10 years and older. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council Resolution 1857 (2008) OP4 (d) and (e). Current location: Mwenga, South Kivu, DRC.
10. MURWANASHYAKA Dr. Ignace Ignace M 14.5.1963 Butera (Rwanda)/Ngoma, Butare (Rwanda) Rwandan 1.11.2005 President of FDLR, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. Resident in Germany. As of December 2008, still recognised as the President of the FDLR-FOCA political branch.
11. MUSONI Straton IO Musoni M 6.4.1961 (possibly 4.6.1961) Mugambazi, Kigali, Rwanda Rwandan passport expired on 10.9.2004 29.3.2007 Through his leadership of the FDLR, a foreign armed group operating in the DRC, Musoni is impeding the disarmament and voluntary repatriation or resettlement of combatants belonging to those groups, in breach of Resolution 1649 (2005). Resident in Neuffen, Germany. As of December 2008, still recognised as the Vice-President of the FDLR-FOCA political branch.
12. MUTEBUTSI Jules Jules Mutebusi, Jules Mutebuzi, Colonel Mutebutsi M South Kivu Congolese (South Kivu) 1.11.2005 Known as: “Colonel Mutebutsi”. Former FARDC Deputy Military Regional Commander of 10th MR in April 2004, dismissed for indiscipline and joined forces with other renegade elements of former RCD-G to take town of Bukavu in May 2004 by force. Implicated in the receipt of weapons outside of FARDC structures and provision of supplies to armed groups and militia mentioned in paragraph 20 of Res. 1493 (2003), in violation of the arms embargo. Arrested by the Rwandan authorities in December 2007 when he tried to cross the border into the DRC. Reportedly he is currently “restrained”.
13. NGUDJOLO Mathieu Cui Cui Ngudjolo M 1.11.2005 “Colonel” or “General”. FNI Chief of Staff and former Chief of Staff of the FRPI, exercising influence over policies and maintaining command and control the activities of FRPI forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. Arrested by MONUC in Bunia in October 2003. Surrendered by the Government of the DRC to the International Criminal Court on 7 February 2008.
14. NJABU Floribert Ngabu Floribert Njabu, Floribert Ndjabu, Floribert Ngabu Ndjabu M 1.11.2005 President of FNI, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. Arrested and placed under house arrest in Kinshasa from March 2005 for FNI involvement in human rights abuses.
15. NKUNDA Laurent Laurent Nkunda Bwatare, Laurent Nkundabatware, Laurent Nkunda Mahoro Batware, Laurent Nkunda Batware, Nkunda Mihigo Laurent M 6.2.1967/2.2.1967 North Kivu/Rutshuru Congolese 1.11.2005 Known as “Chairman” and “Papa Six” and as “General Nkunda”. Former RCD-G General. Joined forces with other renegade elements of former RCD-G to take Bukavu in May 04 by force. In receipt of weapons outside of FARDC in violation of the arms embargo. Founder, National Congress for the People’s Defense, 2006; Senior Officer, Rally for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer Rwandan Patriotic Front (RPF), 1992-1998. Resides in Tebero and Kitchanga, Masisi territory. As of December 2008, commander of the CNDP in North Kivu.
16. NTAWUNGUKA Pacifique Colonel Omega, Nzeri, Israel, Pacifique Ntawungula M 1.1.1964, Est. 1964 Gaseke, Gisenyi Province, Rwanda Rwandan 3.3.2009 Colonel. Commander of the First Division of FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youths aged 10 years and older. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, per Security Council Resolution 1857 (2008) OP4 (d) and (e). Current Location: Peti, Walikale-Masisis border, DRC. Received military training in Egypt.
17. NYAKUNI James M Ugandan 1.11.2005 Trade partnership with “Commandant Jérôme”, particularly smuggling across the DRC/Uganda border, including suspected smuggling of weapons and military material in unchecked trucks. Violation of the arms embargo and provision of assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003), including financial support that allows them to operate militarily.
18. NZEYIMANA Stanislas Deogratias Bigaruka Izabayo, Bigaruka, Bigurura, Izabayo Deo M 1.1.1966; Est. 1967; Alt. 28.8.1966 Mugusa (Butare), Rwanda Rwandan 3.3.2009 Brigadier General. Deputy Commander of the FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youths aged 10 years and older. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council Resolution 1857 (2008) OP4 (d) and (e). Current location: Kalonge, Masisi, North Kivu, DRC or Kibua, DRC.
19. OZIA MAZIO Dieudonné Ozia Mazio M 6.6.1949 Ariwara, DRC Congolese 1.11.2005 Known as: “Omari”, “Mr Omari”. President of FEC in Aru territory. Financial schemes with “Commandant Jérôme” and FAPC and smuggling across the DRC/Uganda border, allowing supplies and cash to be made available to “Commandant Jérôme” and his troops. Violation of the arms embargo, including by providing assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003). Deceased in Ariwara on 23 September 2008.
20. TAGANDA Bosco Bosco Ntaganda, Bosco Ntagenda, General Taganda M Congolese 1.11.2005 Known as: “Terminator”, “Major”. UPC/L military commander, exercising influence over policies and maintaining command and control over the activities of UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. He was appointed General in the FARDC in December 2004 but refused to accept the promotion, therefore remaining outside of the FARDC. As of December 2008, chief of staff of the CNDP. Based in Bunagana and Rutshuru.
Name Alias Address(No, street, postal code, town, country) Place of registration(town, country): Date of registration Registration number: Principal place of business: Date of designation Other information
21. BUTEMBO AIRLINES (BAL) Butembo, DRC 29.3.2007 Privately owned airline, operates out of Butembo. Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008) used his airline to transport FNI gold, rations and weapons between Mongbwalu and Butembo. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005). As of December 2008, BAL no longer holds an aircraft operating license in the DRC.
22. CONGOCOM TRADING HOUSE Butembo, DRC (Tel: +253 (0) 99 983 784 29.3.2007 Gold-trading house in Butembo. CONGOCOM was owned by Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008). Kambale acquired almost all the gold production in the Mongbwalu district, which is controlled by the FNI. The FNI derive substantial income from taxes imposed on this production. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).
23. COMPAGNIE AERIENNE DES GRANDS LACS (CAGL), GREAT LAKES BUSINESS COMPANY (GLBC) CAGL, Avenue Président Mobutu, Goma DRC (CAGL also has an office in Gisenyi, Rwanda); GLBC, PO Box 315, Goma, DRC (GLBC also has an office in Gisenyi, Rwanda) GLBC 29.3.2007 CAGL and GLBC are companies owned by Douglas MPAMO, an individual already subject to sanctions under Resolution 1596 (2005). CAGL and GLBC were used to transport arms and ammunition in violation of the arms embargo of Resolutions 1493 (2003) and 1596 (2005). As of December 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions.
24. MACHANGA LTD Kampala, Uganda 29.3.2007 Gold export company in Kampala (Directors: Mr Rajendra Kumar Vaya and Mr Hirendra M. Vaya). MACHANGA bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).
25. TOUS POUR LA PAIX ET LE DEVELOPPEMENT (NGO) TPD Goma, North Kivu 1.11.2005 Implicated in violation of the arms embargo, by providing assistance to RCD-G, particularly in supplying trucks to transport arms and troops, and also by transporting weapons to be distributed, to parts of the population in Masisi and Rutshuru, North Kivu, in early 2005. As of December 2008, TPD still existed and had offices in several towns in Masisi and Rutshuru territories, but its activities had almost ceased.
26. UGANDA COMMERCIAL IMPEX (UCI) LTD Kajoka Street, Kisemente Kampala, Uganda (Tel: +256 41 533 578/9); alternative address: PO Box 22709, Kampala, Uganda 29.3.2007 Gold-export company in Kampala. (Directors: Mr Kunal LODHIA and Mr J.V. LODHIA). UCI bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).’
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Common Position 2008/369/CFSP of 14 May 2008 concerning restrictive measures against the Democratic Republic of the Congo(1), and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty of the European Union,
(1) Following the adoption by the United Nations Security Council on 31 March 2008 of Resolution 1807 (2008) (UNSCR 1807 (2008)), the Council adopted Common Position 2008/369/CFSP on 14 May 2008 concerning restrictive measures against the Democratic Republic of the Congo.
(2) On 3 March 2009, the Sanctions Committee established pursuant to United Nations Security Council Resolution 1533 (2004) (UNSCR 1533 (2004)) amended the list of persons and entities which are subject to restrictive measures.
(3) The lists of persons and entities which are subject to restrictive measures in the Annex to Common Position 2008/369/CFSP should be replaced accordingly. The lists should also be amended to include additional information for certain persons and entities and to remove one individual as determined by the Sanctions Committee,
HAS DECIDED AS FOLLOWS:

Article 1
The lists of persons and entities set out in the Annex to Common Position 2008/369/CFSP shall be replaced by the lists set out in the Annex to this Decision.

Article 2
This Decision shall take effect on the date of its adoption.

Article 3
The Decision shall be published in theOfficial Journal of the European Union.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Common Position 2008/369/CFSP of 14 May 2008 concerning restrictive measures against the Democratic Republic of the Congo(1), and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty of the European Union,
(1) Following the adoption by the United Nations Security Council on 31 March 2008 of Resolution 1807 (2008) (UNSCR 1807 (2008)), the Council adopted Common Position 2008/369/CFSP on 14 May 2008 concerning restrictive measures against the Democratic Republic of the Congo.
(2) On 3 March 2009, the Sanctions Committee established pursuant to United Nations Security Council Resolution 1533 (2004) (UNSCR 1533 (2004)) amended the list of persons and entities which are subject to restrictive measures.
(3) The lists of persons and entities which are subject to restrictive measures in the Annex to Common Position 2008/369/CFSP should be replaced accordingly. The lists should also be amended to include additional information for certain persons and entities and to remove one individual as determined by the Sanctions Committee,
HAS DECIDED AS FOLLOWS:
The lists of persons and entities set out in the Annex to Common Position 2008/369/CFSP shall be replaced by the lists set out in the Annex to this Decision.
This Decision shall take effect on the date of its adoption.
The Decision shall be published in theOfficial Journal of the European Union.
ANNEX
‘a) List of persons referred to in Articles 3, 4 and 5

Surname
First Name
Alias
Sex
Title, function
Address
(No, street, postal code, town, country)
Date of birth
Place of birth
(town, country)
Passport or ID Number
(including country that issued and date and place of issue)
Nationality
Date of designation
Other information 1. BWAMBALE
Frank Kakolele
Frank Kakorere, Frank Kakorere Bwambale
M

1.11.2005
Former RCD-ML leader, exercising influence over policies and maintaining command and control over the activities of RCD-ML forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. Left the CNDP in January 2008. As of December 2008 resides in Kinshasa. 2. KAKWAVU BUKANDE
Jérôme
Jérôme Kakwavu
M

Congolese
1.11.2005
Known as: “Commandant Jérôme”. Former President of UCD/FAPC. FAPC’s control of illegal border posts between Uganda and the DRC – a key transit route for arms flows. As President of the FAPC, he exercises influence over policies and maintains command and control over the activities of FAPC forces which have been involved in arms trafficking and, consequently, in violation of the arms embargo. Given the rank of General in the FARDC in December 2004. As of December 2008, remains in the FARDC, based in Kinshasa. 3. KATANGA
Germain

M

Congolese
1.11.2005
FRPI chief. Appointed General in the FARDC in December 2004. Involved in weapons transfers, in violation of the arms embargo. Under house arrest in Kinshasa from March 2005 for FRPI involvement in human rights abuses. Handed over by the Government of the DRC to the International Criminal Court on 18 October 2007. 4. LUBANGA
Thomas

M

Ituri

Congolese
1.11.2005
President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. Arrested in Kinshasa in March 2005 for UPC/L involvement in human rights abuses violations. Transferred to the ICC by the Congolese authorities on 17 March 2006. As of December 2008 is being tried for war crimes. 5. MANDRO
Khawa Panga
Kawa Panga, Kawa Panga Mandro, Kawa Mandro, Yves Andoul Karim, Mandro Panga Kahwa, Yves Khawa Panga Mandro
M

20.8.1973
Bunia

Congolese
1.11.2005
Known as: “Chief Kahwa”, “Kawa”. Ex-President of PUSIC, one of the armed groups and militia referred to in paragraph 20 of Resolution 1493 (2003) involved in arms trafficking, in violation of the arms embargo. In prison in Bunia since 04/05 for sabotage of the Ituri peace process. Arrested by Congolese authorities in October 2005, acquitted by the Court of Appeal in Kisangani, subsequently transferred to the judicial authorities in Kinshasa on new charges of crimes against humanity, war crimes, murder, aggravated assault and battery. 6. MBARUSHIMANA
Callixte

M

24.7.1963
Ndusu/Ruhengeri Northern Province, Rwanda

Rwandan
3.3.2009
Executive Secretary of the FDLR. Political/Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, per Security Council Resolution 1857 (2008) OP 4 (b). Current location: Paris or Thaïs, France. 7. MPAMO
Iruta Douglas
Mpano, Douglas Iruta Mpamo
M

Bld Kanyamuhanga 52, Goma
28.12.1965/29.12.1965
Bashali, Masisi/Goma, DRC

Congolese
1.11.2005
Owner/Manager of the Compagnie Aérienne des Grands Lacs and of Great Lakes Business Company, whose aircraft were used to provide assistance to armed groups and militias referred to in paragraph 20 of Res. 1493 (2003). Also responsible for disguising information on flights and cargo apparently to allow for the violation of the arms embargo. Based in Goma and Gisenyi, Rwanda. Frequently travels across international border between Rwanda and Congo. 8. MUDACUMURA
Sylvestre

M

Rwandan
1.11.2005
Known as: “Radja”, “Mupenzi Bernard”, “General Major Mupenzi”. FDLR Commander exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. As of December 2008, continues to serve as FDLR-FOCA military commander. Based in Kibua, Masisi territory, DRC. 9. MUJYAMBERE
Leopold
Musenyeri, Achille, Frere Petrus Ibrahim
M

17.3.1962, Est. 1966
Kigali, Rwanda

Rwandan
3.3.2009
Colonel. Commander of the Second Division of FOCA/the Reserve Brigades (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youths aged 10 years and older. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council Resolution 1857 (2008) OP4 (d) and (e). Current location: Mwenga, South Kivu, DRC. 10. MURWANASHYAKA
Dr. Ignace
Ignace
M

14.5.1963
Butera (Rwanda)/Ngoma, Butare (Rwanda)

Rwandan
1.11.2005
President of FDLR, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. Resident in Germany. As of December 2008, still recognised as the President of the FDLR-FOCA political branch. 11. MUSONI
Straton
IO Musoni
M

6.4.1961 (possibly 4.6.1961)
Mugambazi, Kigali, Rwanda

Rwandan passport expired on 10.9.2004
29.3.2007
Through his leadership of the FDLR, a foreign armed group operating in the DRC, Musoni is impeding the disarmament and voluntary repatriation or resettlement of combatants belonging to those groups, in breach of Resolution 1649 (2005). Resident in Neuffen, Germany. As of December 2008, still recognised as the Vice-President of the FDLR-FOCA political branch. 12. MUTEBUTSI
Jules
Jules Mutebusi, Jules Mutebuzi, Colonel Mutebutsi
M

South Kivu

Congolese (South Kivu)
1.11.2005
Known as: “Colonel Mutebutsi”. Former FARDC Deputy Military Regional Commander of 10th MR in April 2004, dismissed for indiscipline and joined forces with other renegade elements of former RCD-G to take town of Bukavu in May 2004 by force. Implicated in the receipt of weapons outside of FARDC structures and provision of supplies to armed groups and militia mentioned in paragraph 20 of Res. 1493 (2003), in violation of the arms embargo. Arrested by the Rwandan authorities in December 2007 when he tried to cross the border into the DRC. Reportedly he is currently “restrained”. 13. NGUDJOLO
Mathieu Cui
Cui Ngudjolo
M

1.11.2005
“Colonel” or “General”. FNI Chief of Staff and former Chief of Staff of the FRPI, exercising influence over policies and maintaining command and control the activities of FRPI forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. Arrested by MONUC in Bunia in October 2003. Surrendered by the Government of the DRC to the International Criminal Court on 7 February 2008. 14. NJABU
Floribert Ngabu
Floribert Njabu, Floribert Ndjabu, Floribert Ngabu Ndjabu
M

1.11.2005
President of FNI, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. Arrested and placed under house arrest in Kinshasa from March 2005 for FNI involvement in human rights abuses. 15. NKUNDA
Laurent
Laurent Nkunda Bwatare, Laurent Nkundabatware, Laurent Nkunda Mahoro Batware, Laurent Nkunda Batware, Nkunda Mihigo Laurent
M

6.2.1967/2.2.1967
North Kivu/Rutshuru

Congolese
1.11.2005
Known as “Chairman” and “Papa Six” and as “General Nkunda”. Former RCD-G General. Joined forces with other renegade elements of former RCD-G to take Bukavu in May 04 by force. In receipt of weapons outside of FARDC in violation of the arms embargo. Founder, National Congress for the People’s Defense, 2006; Senior Officer, Rally for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer Rwandan Patriotic Front (RPF), 1992-1998. Resides in Tebero and Kitchanga, Masisi territory. As of December 2008, commander of the CNDP in North Kivu. 16. NTAWUNGUKA
Pacifique
Colonel Omega, Nzeri, Israel, Pacifique Ntawungula
M

1.1.1964, Est. 1964
Gaseke, Gisenyi Province, Rwanda

Rwandan
3.3.2009
Colonel. Commander of the First Division of FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youths aged 10 years and older. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, per Security Council Resolution 1857 (2008) OP4 (d) and (e). Current Location: Peti, Walikale-Masisis border, DRC. Received military training in Egypt. 17. NYAKUNI
James

M

Ugandan
1.11.2005
Trade partnership with “Commandant Jérôme”, particularly smuggling across the DRC/Uganda border, including suspected smuggling of weapons and military material in unchecked trucks. Violation of the arms embargo and provision of assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003), including financial support that allows them to operate militarily. 18. NZEYIMANA
Stanislas
Deogratias Bigaruka Izabayo, Bigaruka, Bigurura, Izabayo Deo
M

1.1.1966; Est. 1967; Alt. 28.8.1966
Mugusa (Butare), Rwanda

Rwandan
3.3.2009
Brigadier General. Deputy Commander of the FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council Resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youths aged 10 years and older. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council Resolution 1857 (2008) OP4 (d) and (e). Current location: Kalonge, Masisi, North Kivu, DRC or Kibua, DRC. 19. OZIA MAZIO
Dieudonné
Ozia Mazio
M

6.6.1949
Ariwara, DRC

Congolese
1.11.2005
Known as: “Omari”, “Mr Omari”. President of FEC in Aru territory. Financial schemes with “Commandant Jérôme” and FAPC and smuggling across the DRC/Uganda border, allowing supplies and cash to be made available to “Commandant Jérôme” and his troops. Violation of the arms embargo, including by providing assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003). Deceased in Ariwara on 23 September 2008. 20. TAGANDA
Bosco
Bosco Ntaganda, Bosco Ntagenda, General Taganda
M

Congolese
1.11.2005
Known as: “Terminator”, “Major”. UPC/L military commander, exercising influence over policies and maintaining command and control over the activities of UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. He was appointed General in the FARDC in December 2004 but refused to accept the promotion, therefore remaining outside of the FARDC. As of December 2008, chief of staff of the CNDP. Based in Bunagana and Rutshuru. b) List of entities referred to in Articles 3, 4 and 5

Name
Alias
Address
(No, street, postal code, town, country)
Place of registration
(town, country):
Date of registration
Registration number:
Principal place of business:
Date of designation
Other information 21. BUTEMBO AIRLINES (BAL)

Butembo, DRC

29.3.2007
Privately owned airline, operates out of Butembo. Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008) used his airline to transport FNI gold, rations and weapons between Mongbwalu and Butembo. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005). As of December 2008, BAL no longer holds an aircraft operating license in the DRC. 22. CONGOCOM TRADING HOUSE

Butembo, DRC (Tel: +253 (0) 99 983 784

29.3.2007
Gold-trading house in Butembo. CONGOCOM was owned by Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008). Kambale acquired almost all the gold production in the Mongbwalu district, which is controlled by the FNI. The FNI derive substantial income from taxes imposed on this production. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005). 23. COMPAGNIE AERIENNE DES GRANDS LACS (CAGL), GREAT LAKES BUSINESS COMPANY (GLBC)

CAGL, Avenue Président Mobutu, Goma DRC (CAGL also has an office in Gisenyi, Rwanda); GLBC, PO Box 315, Goma, DRC (GLBC also has an office in Gisenyi, Rwanda) GLBC

29.3.2007
CAGL and GLBC are companies owned by Douglas MPAMO, an individual already subject to sanctions under Resolution 1596 (2005). CAGL and GLBC were used to transport arms and ammunition in violation of the arms embargo of Resolutions 1493 (2003) and 1596 (2005). As of December 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions. 24. MACHANGA LTD

Kampala, Uganda

29.3.2007
Gold export company in Kampala (Directors: Mr Rajendra Kumar Vaya and Mr Hirendra M. Vaya). MACHANGA bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005). 25. TOUS POUR LA PAIX ET LE DEVELOPPEMENT (NGO)
TPD
Goma, North Kivu

1.11.2005
Implicated in violation of the arms embargo, by providing assistance to RCD-G, particularly in supplying trucks to transport arms and troops, and also by transporting weapons to be distributed, to parts of the population in Masisi and Rutshuru, North Kivu, in early 2005. As of December 2008, TPD still existed and had offices in several towns in Masisi and Rutshuru territories, but its activities had almost ceased. 26. UGANDA COMMERCIAL IMPEX (UCI) LTD

Kajoka Street, Kisemente Kampala, Uganda (Tel: +256 41 533 578/9); alternative address: PO Box 22709, Kampala, Uganda

29.3.2007
Gold-export company in Kampala. (Directors: Mr Kunal LODHIA and Mr J.V. LODHIA). UCI bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).’

Pending: 32009D0339

January 16, 2026
23.4.2009 EN Official Journal of the European Union L 103/10
(1) Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community(2)included aviation activities within the scheme for greenhouse gas emission allowance trading within the Community.
(2) Pursuant to Article 14(1) of Directive 2003/87/EC the Commission should adopt guidelines for monitoring and reporting of emissions resulting from aviation activities, and for monitoring and reporting of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of that Directive.
(3) The administering Member State should ensure that each aircraft operator submits to the competent authority in that Member State monitoring plans setting out measures to monitor and report annual emissions as well as tonne kilometre data for the purpose of an application for an allocation of allowances that are to be allocated free of charge, and that such plans are approved by the competent authority in accordance with the guidelines adopted pursuant to Article 14(1) of that Directive.
(4) Decision 2007/589/EC of 18 July 2007 establishing guidelines on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council(3)should therefore be amended accordingly.
(5) The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee referred to in Article 23 of Directive 2003/87/EC,
1. Article 1 is replaced by the following:‘Article 1The guidelines for the monitoring and reporting of greenhouse gas emissions from the activities listed in Annex I to Directive 2003/87/EC, and of activities included pursuant to Article 24(1) of that Directive, are set out in Annexes I to XIV to this Decision. The guidelines for the monitoring and reporting of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of Directive 2003/87/EC are set out in Annex XV.Those guidelines are based on the principles set out in Annex IV to that Directive.’;
2. in the Table of Annexes, the following entries are added:‘Annex XIV:Activity-specific guidelines for determination of emissions from aviation activities as listed in Annex I to Directive 2003/87/ECAnnex XV:Activity-specific guidelines for determination of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of Directive 2003/87/EC’; ‘Annex XIV: Activity-specific guidelines for determination of emissions from aviation activities as listed in Annex I to Directive 2003/87/EC Annex XV: Activity-specific guidelines for determination of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of Directive 2003/87/EC’;
‘Annex XIV: Activity-specific guidelines for determination of emissions from aviation activities as listed in Annex I to Directive 2003/87/EC
Annex XV: Activity-specific guidelines for determination of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of Directive 2003/87/EC’;
‘Annex XIV: Activity-specific guidelines for determination of emissions from aviation activities as listed in Annex I to Directive 2003/87/EC
Annex XV: Activity-specific guidelines for determination of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of Directive 2003/87/EC’;
3. Annex I is amended as set out in Part A of the Annex to this Decision;
4. Annex XIV is added as set out in Part B of the Annex to this Decision;
5. Annex XV is added as set out in Part C of the Annex to this Decision.
1. in Section 1, the words ‘Annexes II to XI’ are replaced by the words ‘Annexes II to XI and XIII-XV’;
2. Section 2 shall be amended as follows:(a)the introductory part is replaced by the following:‘For the purposes of this Annex and Annexes II to XV the definitions of Directive 2003/87/EC shall apply. However, for the purposes of this Annex, “operator” means operator as referred to in Article 3(f) of Directive 2003/87/EC and aircraft operator as referred to in point (o) of that Article.’;(b)paragraph 1 is amended as follows:(i)point (c) is replaced by the following:‘(c)“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’(ii)point (e) is replaced by the following:‘(e)“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’(iii)in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;(iv)point (g) is replaced by the following:‘(g)“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’(v)point (i) is replaced by the following:‘(i)“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’(vi)in point (j), the period at the end is replaced by the following:‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’;(c)in paragraph 2, point (h) is replaced by the following:‘(h)“commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’;(d)paragraph 4 is amended as follows:(i)the last sentence of point (a) is replaced by the following:‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’;(ii)point (c) is replaced by the following:‘(c)“de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’(iii)point (e) is replaced by the following:‘(e)“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;(e)paragraph 5 is amended as follows:(i)point (e) is replaced by the following:‘(e)“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’(ii)point (g) is replaced by the following:‘(g)“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’(iii)in paragraph 5, point (h) and (i) are replaced by the following:‘(h)“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;(i)“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’(f)the following paragraph 6 is added:‘6.The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:(a)“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;(b)“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;(c)“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;(d)“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;(e)“passengers” means the persons onboard the aircraft during a flight excluding its crew members;(f)“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;(g)“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;(h)“tonne-kilometre” means a tonne of payload carried a distance of one kilometre.(*1)Convention on International Civil Aviation and its Annexes signed in Chicago on 7 December 1944.’ " (a) the introductory part is replaced by the following:‘For the purposes of this Annex and Annexes II to XV the definitions of Directive 2003/87/EC shall apply. However, for the purposes of this Annex, “operator” means operator as referred to in Article 3(f) of Directive 2003/87/EC and aircraft operator as referred to in point (o) of that Article.’; (b) paragraph 1 is amended as follows:(i)point (c) is replaced by the following:‘(c)“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’(ii)point (e) is replaced by the following:‘(e)“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’(iii)in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;(iv)point (g) is replaced by the following:‘(g)“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’(v)point (i) is replaced by the following:‘(i)“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’(vi)in point (j), the period at the end is replaced by the following:‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’; (i) point (c) is replaced by the following:‘(c)“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’ ‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’ (ii) point (e) is replaced by the following:‘(e)“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’ ‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’ (iii) in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’; (iv) point (g) is replaced by the following:‘(g)“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’ ‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’ (v) point (i) is replaced by the following:‘(i)“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’ ‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’ (vi) in point (j), the period at the end is replaced by the following:‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’; (c) in paragraph 2, point (h) is replaced by the following:‘(h)“commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’; ‘(h) “commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’; (d) paragraph 4 is amended as follows:(i)the last sentence of point (a) is replaced by the following:‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’;(ii)point (c) is replaced by the following:‘(c)“de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’(iii)point (e) is replaced by the following:‘(e)“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’; (i) the last sentence of point (a) is replaced by the following:‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’; (ii) point (c) is replaced by the following:‘(c)“de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’ ‘(c) “de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’ (iii) point (e) is replaced by the following:‘(e)“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’; ‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’; (e) paragraph 5 is amended as follows:(i)point (e) is replaced by the following:‘(e)“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’(ii)point (g) is replaced by the following:‘(g)“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’(iii)in paragraph 5, point (h) and (i) are replaced by the following:‘(h)“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;(i)“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’ (i) point (e) is replaced by the following:‘(e)“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’ ‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’ (ii) point (g) is replaced by the following:‘(g)“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’ ‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’ (iii) in paragraph 5, point (h) and (i) are replaced by the following:‘(h)“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;(i)“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’ ‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC; (i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’ (f) the following paragraph 6 is added:‘6.The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:(a)“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;(b)“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;(c)“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;(d)“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;(e)“passengers” means the persons onboard the aircraft during a flight excluding its crew members;(f)“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;(g)“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;(h)“tonne-kilometre” means a tonne of payload carried a distance of one kilometre.(*1)Convention on International Civil Aviation and its Annexes signed in Chicago on 7 December 1944.’ " ‘6. The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:(a)“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;(b)“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;(c)“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;(d)“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;(e)“passengers” means the persons onboard the aircraft during a flight excluding its crew members;(f)“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;(g)“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;(h)“tonne-kilometre” means a tonne of payload carried a distance of one kilometre. (a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins; (b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends; (c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival; (d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations; (e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members; (f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight; (g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; (h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
(a) the introductory part is replaced by the following:‘For the purposes of this Annex and Annexes II to XV the definitions of Directive 2003/87/EC shall apply. However, for the purposes of this Annex, “operator” means operator as referred to in Article 3(f) of Directive 2003/87/EC and aircraft operator as referred to in point (o) of that Article.’;
(b) paragraph 1 is amended as follows:(i)point (c) is replaced by the following:‘(c)“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’(ii)point (e) is replaced by the following:‘(e)“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’(iii)in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;(iv)point (g) is replaced by the following:‘(g)“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’(v)point (i) is replaced by the following:‘(i)“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’(vi)in point (j), the period at the end is replaced by the following:‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’; (i) point (c) is replaced by the following:‘(c)“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’ ‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’ (ii) point (e) is replaced by the following:‘(e)“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’ ‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’ (iii) in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’; (iv) point (g) is replaced by the following:‘(g)“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’ ‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’ (v) point (i) is replaced by the following:‘(i)“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’ ‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’ (vi) in point (j), the period at the end is replaced by the following:‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’;
(i) point (c) is replaced by the following:‘(c)“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’ ‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’
‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’
(ii) point (e) is replaced by the following:‘(e)“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’ ‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’
‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’
(iii) in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;
(iv) point (g) is replaced by the following:‘(g)“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’ ‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’
‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’
(v) point (i) is replaced by the following:‘(i)“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’ ‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’
‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’
(vi) in point (j), the period at the end is replaced by the following:‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’;
(c) in paragraph 2, point (h) is replaced by the following:‘(h)“commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’; ‘(h) “commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’;
‘(h) “commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’;
(d) paragraph 4 is amended as follows:(i)the last sentence of point (a) is replaced by the following:‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’;(ii)point (c) is replaced by the following:‘(c)“de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’(iii)point (e) is replaced by the following:‘(e)“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’; (i) the last sentence of point (a) is replaced by the following:‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’; (ii) point (c) is replaced by the following:‘(c)“de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’ ‘(c) “de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’ (iii) point (e) is replaced by the following:‘(e)“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’; ‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;
(i) the last sentence of point (a) is replaced by the following:‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’;
(ii) point (c) is replaced by the following:‘(c)“de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’ ‘(c) “de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’
‘(c) “de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’
(iii) point (e) is replaced by the following:‘(e)“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’; ‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;
‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;
(e) paragraph 5 is amended as follows:(i)point (e) is replaced by the following:‘(e)“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’(ii)point (g) is replaced by the following:‘(g)“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’(iii)in paragraph 5, point (h) and (i) are replaced by the following:‘(h)“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;(i)“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’ (i) point (e) is replaced by the following:‘(e)“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’ ‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’ (ii) point (g) is replaced by the following:‘(g)“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’ ‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’ (iii) in paragraph 5, point (h) and (i) are replaced by the following:‘(h)“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;(i)“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’ ‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC; (i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’
(i) point (e) is replaced by the following:‘(e)“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’ ‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’
‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’
(ii) point (g) is replaced by the following:‘(g)“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’ ‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’
‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’
(iii) in paragraph 5, point (h) and (i) are replaced by the following:‘(h)“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;(i)“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’ ‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC; (i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’
‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;
(i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’
(f) the following paragraph 6 is added:‘6.The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:(a)“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;(b)“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;(c)“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;(d)“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;(e)“passengers” means the persons onboard the aircraft during a flight excluding its crew members;(f)“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;(g)“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;(h)“tonne-kilometre” means a tonne of payload carried a distance of one kilometre.(*1)Convention on International Civil Aviation and its Annexes signed in Chicago on 7 December 1944.’ " ‘6. The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:(a)“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;(b)“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;(c)“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;(d)“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;(e)“passengers” means the persons onboard the aircraft during a flight excluding its crew members;(f)“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;(g)“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;(h)“tonne-kilometre” means a tonne of payload carried a distance of one kilometre. (a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins; (b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends; (c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival; (d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations; (e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members; (f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight; (g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; (h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
‘6. The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:(a)“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;(b)“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;(c)“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;(d)“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;(e)“passengers” means the persons onboard the aircraft during a flight excluding its crew members;(f)“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;(g)“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;(h)“tonne-kilometre” means a tonne of payload carried a distance of one kilometre. (a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins; (b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends; (c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival; (d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations; (e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members; (f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight; (g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; (h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
(a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;
(b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;
(c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;
(d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;
(e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members;
(f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;
(g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;
(h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
(a) the introductory part is replaced by the following:‘For the purposes of this Annex and Annexes II to XV the definitions of Directive 2003/87/EC shall apply. However, for the purposes of this Annex, “operator” means operator as referred to in Article 3(f) of Directive 2003/87/EC and aircraft operator as referred to in point (o) of that Article.’;
(b) paragraph 1 is amended as follows:(i)point (c) is replaced by the following:‘(c)“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’(ii)point (e) is replaced by the following:‘(e)“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’(iii)in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;(iv)point (g) is replaced by the following:‘(g)“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’(v)point (i) is replaced by the following:‘(i)“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’(vi)in point (j), the period at the end is replaced by the following:‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’; (i) point (c) is replaced by the following:‘(c)“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’ ‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’ (ii) point (e) is replaced by the following:‘(e)“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’ ‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’ (iii) in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’; (iv) point (g) is replaced by the following:‘(g)“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’ ‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’ (v) point (i) is replaced by the following:‘(i)“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’ ‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’ (vi) in point (j), the period at the end is replaced by the following:‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’;
(i) point (c) is replaced by the following:‘(c)“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’ ‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’
‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’
(ii) point (e) is replaced by the following:‘(e)“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’ ‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’
‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’
(iii) in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;
(iv) point (g) is replaced by the following:‘(g)“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’ ‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’
‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’
(v) point (i) is replaced by the following:‘(i)“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’ ‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’
‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’
(vi) in point (j), the period at the end is replaced by the following:‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’;
(i) point (c) is replaced by the following:‘(c)“emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’ ‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’
‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’
‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’
(ii) point (e) is replaced by the following:‘(e)“monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’ ‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’
‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’
‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’
(iii) in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;
(iv) point (g) is replaced by the following:‘(g)“tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’ ‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’
‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’
‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’
(v) point (i) is replaced by the following:‘(i)“reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’ ‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’
‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’
‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’
(vi) in point (j), the period at the end is replaced by the following:‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’;
(c) in paragraph 2, point (h) is replaced by the following:‘(h)“commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’; ‘(h) “commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’;
‘(h) “commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’;
‘(h) “commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’;
(d) paragraph 4 is amended as follows:(i)the last sentence of point (a) is replaced by the following:‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’;(ii)point (c) is replaced by the following:‘(c)“de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’(iii)point (e) is replaced by the following:‘(e)“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’; (i) the last sentence of point (a) is replaced by the following:‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’; (ii) point (c) is replaced by the following:‘(c)“de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’ ‘(c) “de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’ (iii) point (e) is replaced by the following:‘(e)“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’; ‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;
(i) the last sentence of point (a) is replaced by the following:‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’;
(ii) point (c) is replaced by the following:‘(c)“de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’ ‘(c) “de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’
‘(c) “de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’
(iii) point (e) is replaced by the following:‘(e)“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’; ‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;
‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;
(i) the last sentence of point (a) is replaced by the following:‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’;
(ii) point (c) is replaced by the following:‘(c)“de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’ ‘(c) “de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’
‘(c) “de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’
‘(c) “de minimissource streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2per year) of total annual emissions of fossil CO2of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’
(iii) point (e) is replaced by the following:‘(e)“minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’; ‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;
‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;
‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2per year), to the total annual emissions of fossil CO2of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;
(e) paragraph 5 is amended as follows:(i)point (e) is replaced by the following:‘(e)“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’(ii)point (g) is replaced by the following:‘(g)“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’(iii)in paragraph 5, point (h) and (i) are replaced by the following:‘(h)“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;(i)“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’ (i) point (e) is replaced by the following:‘(e)“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’ ‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’ (ii) point (g) is replaced by the following:‘(g)“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’ ‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’ (iii) in paragraph 5, point (h) and (i) are replaced by the following:‘(h)“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;(i)“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’ ‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC; (i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’
(i) point (e) is replaced by the following:‘(e)“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’ ‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’
‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’
(ii) point (g) is replaced by the following:‘(g)“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’ ‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’
‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’
(iii) in paragraph 5, point (h) and (i) are replaced by the following:‘(h)“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;(i)“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’ ‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC; (i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’
‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;
(i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’
(i) point (e) is replaced by the following:‘(e)“reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’ ‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’
‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’
‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’
(ii) point (g) is replaced by the following:‘(g)“level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’ ‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’
‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’
‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’
(iii) in paragraph 5, point (h) and (i) are replaced by the following:‘(h)“Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;(i)“Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’ ‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC; (i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’
‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;
(i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’
‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;
(i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’
(f) the following paragraph 6 is added:‘6.The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:(a)“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;(b)“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;(c)“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;(d)“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;(e)“passengers” means the persons onboard the aircraft during a flight excluding its crew members;(f)“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;(g)“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;(h)“tonne-kilometre” means a tonne of payload carried a distance of one kilometre.(*1)Convention on International Civil Aviation and its Annexes signed in Chicago on 7 December 1944.’ " ‘6. The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:(a)“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;(b)“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;(c)“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;(d)“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;(e)“passengers” means the persons onboard the aircraft during a flight excluding its crew members;(f)“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;(g)“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;(h)“tonne-kilometre” means a tonne of payload carried a distance of one kilometre. (a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins; (b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends; (c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival; (d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations; (e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members; (f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight; (g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; (h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
‘6. The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:(a)“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;(b)“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;(c)“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;(d)“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;(e)“passengers” means the persons onboard the aircraft during a flight excluding its crew members;(f)“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;(g)“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;(h)“tonne-kilometre” means a tonne of payload carried a distance of one kilometre. (a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins; (b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends; (c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival; (d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations; (e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members; (f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight; (g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; (h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
(a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;
(b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;
(c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;
(d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;
(e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members;
(f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;
(g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;
(h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
‘6. The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:(a)“aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;(b)“aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;(c)“aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;(d)“mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;(e)“passengers” means the persons onboard the aircraft during a flight excluding its crew members;(f)“payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;(g)“distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;(h)“tonne-kilometre” means a tonne of payload carried a distance of one kilometre. (a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins; (b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends; (c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival; (d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations; (e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members; (f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight; (g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; (h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
(a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;
(b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;
(c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;
(d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;
(e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members;
(f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;
(g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;
(h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
(a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;
(b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;
(c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;
(d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention(*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;
(e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members;
(f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;
(g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;
(h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
3. Section 3 is amended as follows:(a)in the second paragraph, the word ‘installation’ is replaced by the words, ‘installation and aircraft operator’;(b)the fifth paragraph is replaced by the following:‘Trueness. It shall be ensured that the emission determination is systematically neither over nor under true emissions. Sources of uncertainties shall be identified and reduced as far as practicable. Due diligence shall be exercised to ensure that the calculation and measurement of emissions exhibit highest achievable accuracy. The operator shall enable reasonable assurance of the integrity of reported emissions to be determined. Emissions shall be determined using the appropriate monitoring methodologies set out in these Guidelines. All metering or other testing equipment used to report monitoring data shall be appropriately applied, maintained and calibrated, and checked. Spreadsheets and other tools used to store and manipulate monitoring data shall be free from error. Reported emissions and related disclosures shall be free from material misstatement, avoid bias in the selection and presentation of information, and provide a credible and balanced account of an installation’s or aircraft operator’s emissions.’;(c)in the sixth paragraph, the third sentence is replaced by the following:‘The monitoring methodology itself shall describe the instructions to the operator in a logical and simple manner, avoiding duplication of effort and taking into account the existing systems in place at the installation or used by the aircraft operator.’; (a) in the second paragraph, the word ‘installation’ is replaced by the words, ‘installation and aircraft operator’; (b) the fifth paragraph is replaced by the following:‘Trueness. It shall be ensured that the emission determination is systematically neither over nor under true emissions. Sources of uncertainties shall be identified and reduced as far as practicable. Due diligence shall be exercised to ensure that the calculation and measurement of emissions exhibit highest achievable accuracy. The operator shall enable reasonable assurance of the integrity of reported emissions to be determined. Emissions shall be determined using the appropriate monitoring methodologies set out in these Guidelines. All metering or other testing equipment used to report monitoring data shall be appropriately applied, maintained and calibrated, and checked. Spreadsheets and other tools used to store and manipulate monitoring data shall be free from error. Reported emissions and related disclosures shall be free from material misstatement, avoid bias in the selection and presentation of information, and provide a credible and balanced account of an installation’s or aircraft operator’s emissions.’; (c) in the sixth paragraph, the third sentence is replaced by the following:‘The monitoring methodology itself shall describe the instructions to the operator in a logical and simple manner, avoiding duplication of effort and taking into account the existing systems in place at the installation or used by the aircraft operator.’;
(a) in the second paragraph, the word ‘installation’ is replaced by the words, ‘installation and aircraft operator’;
(b) the fifth paragraph is replaced by the following:‘Trueness. It shall be ensured that the emission determination is systematically neither over nor under true emissions. Sources of uncertainties shall be identified and reduced as far as practicable. Due diligence shall be exercised to ensure that the calculation and measurement of emissions exhibit highest achievable accuracy. The operator shall enable reasonable assurance of the integrity of reported emissions to be determined. Emissions shall be determined using the appropriate monitoring methodologies set out in these Guidelines. All metering or other testing equipment used to report monitoring data shall be appropriately applied, maintained and calibrated, and checked. Spreadsheets and other tools used to store and manipulate monitoring data shall be free from error. Reported emissions and related disclosures shall be free from material misstatement, avoid bias in the selection and presentation of information, and provide a credible and balanced account of an installation’s or aircraft operator’s emissions.’;
(c) in the sixth paragraph, the third sentence is replaced by the following:‘The monitoring methodology itself shall describe the instructions to the operator in a logical and simple manner, avoiding duplication of effort and taking into account the existing systems in place at the installation or used by the aircraft operator.’;
(a) in the second paragraph, the word ‘installation’ is replaced by the words, ‘installation and aircraft operator’;
(b) the fifth paragraph is replaced by the following:‘Trueness. It shall be ensured that the emission determination is systematically neither over nor under true emissions. Sources of uncertainties shall be identified and reduced as far as practicable. Due diligence shall be exercised to ensure that the calculation and measurement of emissions exhibit highest achievable accuracy. The operator shall enable reasonable assurance of the integrity of reported emissions to be determined. Emissions shall be determined using the appropriate monitoring methodologies set out in these Guidelines. All metering or other testing equipment used to report monitoring data shall be appropriately applied, maintained and calibrated, and checked. Spreadsheets and other tools used to store and manipulate monitoring data shall be free from error. Reported emissions and related disclosures shall be free from material misstatement, avoid bias in the selection and presentation of information, and provide a credible and balanced account of an installation’s or aircraft operator’s emissions.’;
(c) in the sixth paragraph, the third sentence is replaced by the following:‘The monitoring methodology itself shall describe the instructions to the operator in a logical and simple manner, avoiding duplication of effort and taking into account the existing systems in place at the installation or used by the aircraft operator.’;
4. Section 4.1 is amended as follows:(a)the first paragraph is replaced by the following:‘The monitoring and reporting process for an installation or aircraft operator shall include all relevant greenhouse gas emissions from all emission sources and/or source streams belonging to activities carried out at the installation or by an aircraft operator and listed in Annex I to Directive 2003/87/EC, as well as from activities and greenhouse gases included by a Member State pursuant to Article 24 of Directive 2003/87/EC. Aircraft operators shall furthermore ensure that documented procedures are in place which track any changes in the list of emission sources such as leasing or purchase of aircraft, thereby ensuring completeness of emission data and avoiding double counting.’;(b)in the second paragraph, the second sentence is replaced by the following:‘Therefore, all emission sources and source streams from activities listed in Annex I to Directive 2003/87/EC that are to be monitored and reported shall be listed in the permit or, for aviation activities, covered by the monitoring plan.’;(c)the third paragraph is replaced by the following:‘Emissions from mobile internal combustion engines for transportation purposes shall be excluded from the emission estimates of installations.’; (a) the first paragraph is replaced by the following:‘The monitoring and reporting process for an installation or aircraft operator shall include all relevant greenhouse gas emissions from all emission sources and/or source streams belonging to activities carried out at the installation or by an aircraft operator and listed in Annex I to Directive 2003/87/EC, as well as from activities and greenhouse gases included by a Member State pursuant to Article 24 of Directive 2003/87/EC. Aircraft operators shall furthermore ensure that documented procedures are in place which track any changes in the list of emission sources such as leasing or purchase of aircraft, thereby ensuring completeness of emission data and avoiding double counting.’; (b) in the second paragraph, the second sentence is replaced by the following:‘Therefore, all emission sources and source streams from activities listed in Annex I to Directive 2003/87/EC that are to be monitored and reported shall be listed in the permit or, for aviation activities, covered by the monitoring plan.’; (c) the third paragraph is replaced by the following:‘Emissions from mobile internal combustion engines for transportation purposes shall be excluded from the emission estimates of installations.’;
(a) the first paragraph is replaced by the following:‘The monitoring and reporting process for an installation or aircraft operator shall include all relevant greenhouse gas emissions from all emission sources and/or source streams belonging to activities carried out at the installation or by an aircraft operator and listed in Annex I to Directive 2003/87/EC, as well as from activities and greenhouse gases included by a Member State pursuant to Article 24 of Directive 2003/87/EC. Aircraft operators shall furthermore ensure that documented procedures are in place which track any changes in the list of emission sources such as leasing or purchase of aircraft, thereby ensuring completeness of emission data and avoiding double counting.’;
(b) in the second paragraph, the second sentence is replaced by the following:‘Therefore, all emission sources and source streams from activities listed in Annex I to Directive 2003/87/EC that are to be monitored and reported shall be listed in the permit or, for aviation activities, covered by the monitoring plan.’;
(c) the third paragraph is replaced by the following:‘Emissions from mobile internal combustion engines for transportation purposes shall be excluded from the emission estimates of installations.’;
(a) the first paragraph is replaced by the following:‘The monitoring and reporting process for an installation or aircraft operator shall include all relevant greenhouse gas emissions from all emission sources and/or source streams belonging to activities carried out at the installation or by an aircraft operator and listed in Annex I to Directive 2003/87/EC, as well as from activities and greenhouse gases included by a Member State pursuant to Article 24 of Directive 2003/87/EC. Aircraft operators shall furthermore ensure that documented procedures are in place which track any changes in the list of emission sources such as leasing or purchase of aircraft, thereby ensuring completeness of emission data and avoiding double counting.’;
(b) in the second paragraph, the second sentence is replaced by the following:‘Therefore, all emission sources and source streams from activities listed in Annex I to Directive 2003/87/EC that are to be monitored and reported shall be listed in the permit or, for aviation activities, covered by the monitoring plan.’;
(c) the third paragraph is replaced by the following:‘Emissions from mobile internal combustion engines for transportation purposes shall be excluded from the emission estimates of installations.’;
5. the first sentence of section 4.2 is replaced by the following:‘Annex IV to Directive 2003/87/EC allows a determination of emissions of installations using either:’;
6. Section 4.3 is amended as follows:(a)in the first paragraph the following sentence is added:‘Pursuant to Article 3g of that Directive, aircraft operators shall submit to the competent authority a monitoring plan setting out measures to monitor and report emissions and tonne-kilometre data.’;(b)the third paragraph is replaced by the following:‘The competent authority shall check and approve the monitoring plan prepared by the operator before the start of the reporting period, and again after any substantial changes to the monitoring methodology are applied to an installation or by an aircraft operator. When required by an activity-specific Annex, the monitoring plan shall be submitted by a specific date using a standard template.’; (a) in the first paragraph the following sentence is added:‘Pursuant to Article 3g of that Directive, aircraft operators shall submit to the competent authority a monitoring plan setting out measures to monitor and report emissions and tonne-kilometre data.’; (b) the third paragraph is replaced by the following:‘The competent authority shall check and approve the monitoring plan prepared by the operator before the start of the reporting period, and again after any substantial changes to the monitoring methodology are applied to an installation or by an aircraft operator. When required by an activity-specific Annex, the monitoring plan shall be submitted by a specific date using a standard template.’;
(a) in the first paragraph the following sentence is added:‘Pursuant to Article 3g of that Directive, aircraft operators shall submit to the competent authority a monitoring plan setting out measures to monitor and report emissions and tonne-kilometre data.’;
(b) the third paragraph is replaced by the following:‘The competent authority shall check and approve the monitoring plan prepared by the operator before the start of the reporting period, and again after any substantial changes to the monitoring methodology are applied to an installation or by an aircraft operator. When required by an activity-specific Annex, the monitoring plan shall be submitted by a specific date using a standard template.’;
(a) in the first paragraph the following sentence is added:‘Pursuant to Article 3g of that Directive, aircraft operators shall submit to the competent authority a monitoring plan setting out measures to monitor and report emissions and tonne-kilometre data.’;
(b) the third paragraph is replaced by the following:‘The competent authority shall check and approve the monitoring plan prepared by the operator before the start of the reporting period, and again after any substantial changes to the monitoring methodology are applied to an installation or by an aircraft operator. When required by an activity-specific Annex, the monitoring plan shall be submitted by a specific date using a standard template.’;
7. Section 5 is amended as follows:(a)the third paragraph of Section 5.1 under the heading ‘Combustion Emissions’ is replaced by the following:‘Activity data shall be based on fuel consumption. The quantity of fuel used shall be expressed in terms of energy content as TJ, unless otherwise indicated in these guidelines. The use of a net calorific value shall be deemed not to be necessary for some specific activities if their activity-specific Annexes indicate that emission factors expressed as t CO2per tonne of fuel can be used with a similar level of accuracy. The emission factor shall be expressed as t CO2/TJ, unless otherwise indicated in these guidelines. When a fuel is consumed not all of the carbon in the fuel is oxidised to CO2. Incomplete oxidation occurs due to inefficiencies in the combustion process that leave some of the carbon unburned or partly oxidised as soot or ash. Un-oxidised or partially oxidised carbon is taken into account in the oxidation factor which shall be expressed as a fraction. The oxidation factor shall be expressed as a fraction of one. The resulting calculation formula is:’;(b)in section 5.2, the first sentence is replaced by the following:‘The activity-specific guidelines set out in Annexes II to XI and Annexes XIV and XV contain specific methodologies for determining the following variables: activity data (consisting of the two variables fuel/material flow and net calorific value), emission factors, composition data, oxidation and conversion factors and payload.’;(c)the heading of section 5.3 is replaced by the following:‘5.3.FALL-BACK APPROACHES FOR STATIONARY INSTALLATIONS’;(d)the heading of section 5.4 is replaced by the following:‘5.4.ACTIVITY DATA OF STATIONARY INSTALLATIONS’;(e)The second paragraph of section 5.5 is replaced by the following:‘In order to achieve highest transparency and widest possible consistency with national greenhouse gas inventories, the use of emission factors for a fuel expressed as t CO2/t rather than t CO2/TJ for combustion emissions is restricted to cases where unreasonable costs would otherwise be incurred by the operator, and to cases defined in activity-specific Annexes of these guidelines.’; (a) the third paragraph of Section 5.1 under the heading ‘Combustion Emissions’ is replaced by the following:‘Activity data shall be based on fuel consumption. The quantity of fuel used shall be expressed in terms of energy content as TJ, unless otherwise indicated in these guidelines. The use of a net calorific value shall be deemed not to be necessary for some specific activities if their activity-specific Annexes indicate that emission factors expressed as t CO2per tonne of fuel can be used with a similar level of accuracy. The emission factor shall be expressed as t CO2/TJ, unless otherwise indicated in these guidelines. When a fuel is consumed not all of the carbon in the fuel is oxidised to CO2. Incomplete oxidation occurs due to inefficiencies in the combustion process that leave some of the carbon unburned or partly oxidised as soot or ash. Un-oxidised or partially oxidised carbon is taken into account in the oxidation factor which shall be expressed as a fraction. The oxidation factor shall be expressed as a fraction of one. The resulting calculation formula is:’; (b) in section 5.2, the first sentence is replaced by the following:‘The activity-specific guidelines set out in Annexes II to XI and Annexes XIV and XV contain specific methodologies for determining the following variables: activity data (consisting of the two variables fuel/material flow and net calorific value), emission factors, composition data, oxidation and conversion factors and payload.’; (c) the heading of section 5.3 is replaced by the following:‘5.3.FALL-BACK APPROACHES FOR STATIONARY INSTALLATIONS’; (d) the heading of section 5.4 is replaced by the following:‘5.4.ACTIVITY DATA OF STATIONARY INSTALLATIONS’; (e) The second paragraph of section 5.5 is replaced by the following:‘In order to achieve highest transparency and widest possible consistency with national greenhouse gas inventories, the use of emission factors for a fuel expressed as t CO2/t rather than t CO2/TJ for combustion emissions is restricted to cases where unreasonable costs would otherwise be incurred by the operator, and to cases defined in activity-specific Annexes of these guidelines.’;
(a) the third paragraph of Section 5.1 under the heading ‘Combustion Emissions’ is replaced by the following:‘Activity data shall be based on fuel consumption. The quantity of fuel used shall be expressed in terms of energy content as TJ, unless otherwise indicated in these guidelines. The use of a net calorific value shall be deemed not to be necessary for some specific activities if their activity-specific Annexes indicate that emission factors expressed as t CO2per tonne of fuel can be used with a similar level of accuracy. The emission factor shall be expressed as t CO2/TJ, unless otherwise indicated in these guidelines. When a fuel is consumed not all of the carbon in the fuel is oxidised to CO2. Incomplete oxidation occurs due to inefficiencies in the combustion process that leave some of the carbon unburned or partly oxidised as soot or ash. Un-oxidised or partially oxidised carbon is taken into account in the oxidation factor which shall be expressed as a fraction. The oxidation factor shall be expressed as a fraction of one. The resulting calculation formula is:’;
(b) in section 5.2, the first sentence is replaced by the following:‘The activity-specific guidelines set out in Annexes II to XI and Annexes XIV and XV contain specific methodologies for determining the following variables: activity data (consisting of the two variables fuel/material flow and net calorific value), emission factors, composition data, oxidation and conversion factors and payload.’;
(c) the heading of section 5.3 is replaced by the following:‘5.3.FALL-BACK APPROACHES FOR STATIONARY INSTALLATIONS’;
(d) the heading of section 5.4 is replaced by the following:‘5.4.ACTIVITY DATA OF STATIONARY INSTALLATIONS’;
(e) The second paragraph of section 5.5 is replaced by the following:‘In order to achieve highest transparency and widest possible consistency with national greenhouse gas inventories, the use of emission factors for a fuel expressed as t CO2/t rather than t CO2/TJ for combustion emissions is restricted to cases where unreasonable costs would otherwise be incurred by the operator, and to cases defined in activity-specific Annexes of these guidelines.’;
(a) the third paragraph of Section 5.1 under the heading ‘Combustion Emissions’ is replaced by the following:‘Activity data shall be based on fuel consumption. The quantity of fuel used shall be expressed in terms of energy content as TJ, unless otherwise indicated in these guidelines. The use of a net calorific value shall be deemed not to be necessary for some specific activities if their activity-specific Annexes indicate that emission factors expressed as t CO2per tonne of fuel can be used with a similar level of accuracy. The emission factor shall be expressed as t CO2/TJ, unless otherwise indicated in these guidelines. When a fuel is consumed not all of the carbon in the fuel is oxidised to CO2. Incomplete oxidation occurs due to inefficiencies in the combustion process that leave some of the carbon unburned or partly oxidised as soot or ash. Un-oxidised or partially oxidised carbon is taken into account in the oxidation factor which shall be expressed as a fraction. The oxidation factor shall be expressed as a fraction of one. The resulting calculation formula is:’;
(b) in section 5.2, the first sentence is replaced by the following:‘The activity-specific guidelines set out in Annexes II to XI and Annexes XIV and XV contain specific methodologies for determining the following variables: activity data (consisting of the two variables fuel/material flow and net calorific value), emission factors, composition data, oxidation and conversion factors and payload.’;
(c) the heading of section 5.3 is replaced by the following:‘5.3.FALL-BACK APPROACHES FOR STATIONARY INSTALLATIONS’;
(d) the heading of section 5.4 is replaced by the following:‘5.4.ACTIVITY DATA OF STATIONARY INSTALLATIONS’;
(e) The second paragraph of section 5.5 is replaced by the following:‘In order to achieve highest transparency and widest possible consistency with national greenhouse gas inventories, the use of emission factors for a fuel expressed as t CO2/t rather than t CO2/TJ for combustion emissions is restricted to cases where unreasonable costs would otherwise be incurred by the operator, and to cases defined in activity-specific Annexes of these guidelines.’;
8. the heading of section 6 is replaced by the following:‘6.MEASUREMENT BASED METHODOLOGIES FOR STATIONARY INSTALLATIONS’;
9. Section 7.1 is amended as follows:(a)the second paragraph is replaced by the following:‘Under the calculation based methodology following the provisions of section 5.2, the competent authority will have approved the combination of tiers for each source stream in an installation plus approved all other details of the monitoring methodology for that installation as contained within the installation’s permit or, for aviation activities, the aircraft operator’s monitoring plan. In doing so, the competent authority has authorised the uncertainty directly resulting from correct application of the approved monitoring methodology, and the evidence of that approval is the content of the permit or, for aviation activities, the content of the approved monitoring plan. Stating the combination of tiers in the emissions report shall constitute reporting uncertainty for the purposes of Directive 2003/87/EC. Hence there is no further requirement to report on uncertainty if the calculation based methodology is applied.’;(b)the first sentence of the fifth paragraph is replaced by the following:‘In all other cases, the operator shall provide written proof of the uncertainty level associated with the determination of activity data for each source stream in order to demonstrate compliance with the uncertainty thresholds defined in Annexes II to XI and Annexes XIV and XV of these Guidelines.’; (a) the second paragraph is replaced by the following:‘Under the calculation based methodology following the provisions of section 5.2, the competent authority will have approved the combination of tiers for each source stream in an installation plus approved all other details of the monitoring methodology for that installation as contained within the installation’s permit or, for aviation activities, the aircraft operator’s monitoring plan. In doing so, the competent authority has authorised the uncertainty directly resulting from correct application of the approved monitoring methodology, and the evidence of that approval is the content of the permit or, for aviation activities, the content of the approved monitoring plan. Stating the combination of tiers in the emissions report shall constitute reporting uncertainty for the purposes of Directive 2003/87/EC. Hence there is no further requirement to report on uncertainty if the calculation based methodology is applied.’; (b) the first sentence of the fifth paragraph is replaced by the following:‘In all other cases, the operator shall provide written proof of the uncertainty level associated with the determination of activity data for each source stream in order to demonstrate compliance with the uncertainty thresholds defined in Annexes II to XI and Annexes XIV and XV of these Guidelines.’;
(a) the second paragraph is replaced by the following:‘Under the calculation based methodology following the provisions of section 5.2, the competent authority will have approved the combination of tiers for each source stream in an installation plus approved all other details of the monitoring methodology for that installation as contained within the installation’s permit or, for aviation activities, the aircraft operator’s monitoring plan. In doing so, the competent authority has authorised the uncertainty directly resulting from correct application of the approved monitoring methodology, and the evidence of that approval is the content of the permit or, for aviation activities, the content of the approved monitoring plan. Stating the combination of tiers in the emissions report shall constitute reporting uncertainty for the purposes of Directive 2003/87/EC. Hence there is no further requirement to report on uncertainty if the calculation based methodology is applied.’;
(b) the first sentence of the fifth paragraph is replaced by the following:‘In all other cases, the operator shall provide written proof of the uncertainty level associated with the determination of activity data for each source stream in order to demonstrate compliance with the uncertainty thresholds defined in Annexes II to XI and Annexes XIV and XV of these Guidelines.’;
(a) the second paragraph is replaced by the following:‘Under the calculation based methodology following the provisions of section 5.2, the competent authority will have approved the combination of tiers for each source stream in an installation plus approved all other details of the monitoring methodology for that installation as contained within the installation’s permit or, for aviation activities, the aircraft operator’s monitoring plan. In doing so, the competent authority has authorised the uncertainty directly resulting from correct application of the approved monitoring methodology, and the evidence of that approval is the content of the permit or, for aviation activities, the content of the approved monitoring plan. Stating the combination of tiers in the emissions report shall constitute reporting uncertainty for the purposes of Directive 2003/87/EC. Hence there is no further requirement to report on uncertainty if the calculation based methodology is applied.’;
(b) the first sentence of the fifth paragraph is replaced by the following:‘In all other cases, the operator shall provide written proof of the uncertainty level associated with the determination of activity data for each source stream in order to demonstrate compliance with the uncertainty thresholds defined in Annexes II to XI and Annexes XIV and XV of these Guidelines.’;
10. Section 8 is amended as follows:(a)the first paragraph is replaced by the following:‘Annex IV to Directive 2003/87/EC sets out the reporting requirements for installations and aircraft operators. The reporting format set out in Section 14 of this Annex and the information required therein shall be used as a basis for reporting of the quantitative data unless an equivalent electronic standard protocol for annual reporting has been published by the EU Commission. Where a reporting format is specified in an activity-specific Annex, this reporting format and the information required therein shall be used for reporting.’;(b)the 11th paragraph is replaced by the following:‘In order to achieve consistency between data reported under Directive 2003/87/EC and data reported by Member States under the UN Framework Convention on Climate Change and other emission data reported for the European Pollutant Release and Transfer Register (EPRTR), each activity carried out by an installation or aircraft operator shall be labelled applying the codes, if applicable, from the following two reporting schemes:’; (a) the first paragraph is replaced by the following:‘Annex IV to Directive 2003/87/EC sets out the reporting requirements for installations and aircraft operators. The reporting format set out in Section 14 of this Annex and the information required therein shall be used as a basis for reporting of the quantitative data unless an equivalent electronic standard protocol for annual reporting has been published by the EU Commission. Where a reporting format is specified in an activity-specific Annex, this reporting format and the information required therein shall be used for reporting.’; (b) the 11th paragraph is replaced by the following:‘In order to achieve consistency between data reported under Directive 2003/87/EC and data reported by Member States under the UN Framework Convention on Climate Change and other emission data reported for the European Pollutant Release and Transfer Register (EPRTR), each activity carried out by an installation or aircraft operator shall be labelled applying the codes, if applicable, from the following two reporting schemes:’;
(a) the first paragraph is replaced by the following:‘Annex IV to Directive 2003/87/EC sets out the reporting requirements for installations and aircraft operators. The reporting format set out in Section 14 of this Annex and the information required therein shall be used as a basis for reporting of the quantitative data unless an equivalent electronic standard protocol for annual reporting has been published by the EU Commission. Where a reporting format is specified in an activity-specific Annex, this reporting format and the information required therein shall be used for reporting.’;
(b) the 11th paragraph is replaced by the following:‘In order to achieve consistency between data reported under Directive 2003/87/EC and data reported by Member States under the UN Framework Convention on Climate Change and other emission data reported for the European Pollutant Release and Transfer Register (EPRTR), each activity carried out by an installation or aircraft operator shall be labelled applying the codes, if applicable, from the following two reporting schemes:’;
(a) the first paragraph is replaced by the following:‘Annex IV to Directive 2003/87/EC sets out the reporting requirements for installations and aircraft operators. The reporting format set out in Section 14 of this Annex and the information required therein shall be used as a basis for reporting of the quantitative data unless an equivalent electronic standard protocol for annual reporting has been published by the EU Commission. Where a reporting format is specified in an activity-specific Annex, this reporting format and the information required therein shall be used for reporting.’;
(b) the 11th paragraph is replaced by the following:‘In order to achieve consistency between data reported under Directive 2003/87/EC and data reported by Member States under the UN Framework Convention on Climate Change and other emission data reported for the European Pollutant Release and Transfer Register (EPRTR), each activity carried out by an installation or aircraft operator shall be labelled applying the codes, if applicable, from the following two reporting schemes:’;
11. Section 9 is amended as follows:(a)the first and second paragraphs are replaced by the following:‘An operator shall document and archive monitoring data for the installation’s or aircraft operator’s emissions from all emission sources and/or source streams belonging to activities listed in Annex I to Directive 2003/87/EC of greenhouse gases specified in relation to those activities.The documented and archived monitoring data shall be sufficient to allow for the verification of the annual emissions report of an installation’s or aircraft operator’s emissions submitted by the operator pursuant to Article 14(3) of Directive 2003/87/EC, in accordance with the criteria set out in Annex V to that Directive.’;(b)in the fourth paragraph, the words ‘an operator of an installation’ are replaced by the words ‘an operator’;(c)the fifth indent of the fifth paragraph is replaced by the following:‘—documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’;(d)The following paragraph is added at the end of section 9:‘The following additional information shall be retained for aviation activities:—the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list,—the list of flights covered in each reporting period, and necessary evidence for the completeness of that list,—data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported,—documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’; (a) the first and second paragraphs are replaced by the following:‘An operator shall document and archive monitoring data for the installation’s or aircraft operator’s emissions from all emission sources and/or source streams belonging to activities listed in Annex I to Directive 2003/87/EC of greenhouse gases specified in relation to those activities.The documented and archived monitoring data shall be sufficient to allow for the verification of the annual emissions report of an installation’s or aircraft operator’s emissions submitted by the operator pursuant to Article 14(3) of Directive 2003/87/EC, in accordance with the criteria set out in Annex V to that Directive.’; (b) in the fourth paragraph, the words ‘an operator of an installation’ are replaced by the words ‘an operator’; (c) the fifth indent of the fifth paragraph is replaced by the following:‘—documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’; ‘— documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’; (d) The following paragraph is added at the end of section 9:‘The following additional information shall be retained for aviation activities:—the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list,—the list of flights covered in each reporting period, and necessary evidence for the completeness of that list,—data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported,—documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’; — the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list, — the list of flights covered in each reporting period, and necessary evidence for the completeness of that list, — data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported, — documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’;
(a) the first and second paragraphs are replaced by the following:‘An operator shall document and archive monitoring data for the installation’s or aircraft operator’s emissions from all emission sources and/or source streams belonging to activities listed in Annex I to Directive 2003/87/EC of greenhouse gases specified in relation to those activities.The documented and archived monitoring data shall be sufficient to allow for the verification of the annual emissions report of an installation’s or aircraft operator’s emissions submitted by the operator pursuant to Article 14(3) of Directive 2003/87/EC, in accordance with the criteria set out in Annex V to that Directive.’;
(b) in the fourth paragraph, the words ‘an operator of an installation’ are replaced by the words ‘an operator’;
(c) the fifth indent of the fifth paragraph is replaced by the following:‘—documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’; ‘— documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’;
‘— documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’;
(d) The following paragraph is added at the end of section 9:‘The following additional information shall be retained for aviation activities:—the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list,—the list of flights covered in each reporting period, and necessary evidence for the completeness of that list,—data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported,—documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’; — the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list, — the list of flights covered in each reporting period, and necessary evidence for the completeness of that list, — data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported, — documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’;
— the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list,
— the list of flights covered in each reporting period, and necessary evidence for the completeness of that list,
— data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported,
— documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’;
(a) the first and second paragraphs are replaced by the following:‘An operator shall document and archive monitoring data for the installation’s or aircraft operator’s emissions from all emission sources and/or source streams belonging to activities listed in Annex I to Directive 2003/87/EC of greenhouse gases specified in relation to those activities.The documented and archived monitoring data shall be sufficient to allow for the verification of the annual emissions report of an installation’s or aircraft operator’s emissions submitted by the operator pursuant to Article 14(3) of Directive 2003/87/EC, in accordance with the criteria set out in Annex V to that Directive.’;
(b) in the fourth paragraph, the words ‘an operator of an installation’ are replaced by the words ‘an operator’;
(c) the fifth indent of the fifth paragraph is replaced by the following:‘—documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’; ‘— documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’;
‘— documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’;
‘— documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’;
(d) The following paragraph is added at the end of section 9:‘The following additional information shall be retained for aviation activities:—the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list,—the list of flights covered in each reporting period, and necessary evidence for the completeness of that list,—data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported,—documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’; — the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list, — the list of flights covered in each reporting period, and necessary evidence for the completeness of that list, — data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported, — documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’;
— the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list,
— the list of flights covered in each reporting period, and necessary evidence for the completeness of that list,
— data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported,
— documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’;
— the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list,
— the list of flights covered in each reporting period, and necessary evidence for the completeness of that list,
— data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported,
— documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’;
12. Section 10 is amended as follows:(a)in the third paragraph of Section 10.3.3, the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;(b)in Section 10.4.1, the third paragraph is replaced by the following:‘The operator shall submit the emissions report, a copy of its approved monitoring plan or plans, and any other relevant information to the verifier.’;(c)in Section 10.4.2, second paragraph, point (a), the second indent is replaced by the following:‘—understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’(d)in Section 10.4.2, Table 3 is replaced by the following table:‘Table 3Materiality LevelCategory A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO25  %Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO22  %’ (a) in the third paragraph of Section 10.3.3, the word ‘installation’ is replaced by the words ‘installation or aircraft operator’; (b) in Section 10.4.1, the third paragraph is replaced by the following:‘The operator shall submit the emissions report, a copy of its approved monitoring plan or plans, and any other relevant information to the verifier.’; (c) in Section 10.4.2, second paragraph, point (a), the second indent is replaced by the following:‘—understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’ ‘— understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’ (d) in Section 10.4.2, Table 3 is replaced by the following table:‘Table 3Materiality LevelCategory A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO25  %Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO22  %’ Materiality Level Category A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO2 5  % Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO2 2  %’
(a) in the third paragraph of Section 10.3.3, the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;
(b) in Section 10.4.1, the third paragraph is replaced by the following:‘The operator shall submit the emissions report, a copy of its approved monitoring plan or plans, and any other relevant information to the verifier.’;
(c) in Section 10.4.2, second paragraph, point (a), the second indent is replaced by the following:‘—understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’ ‘— understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’
‘— understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’
(d) in Section 10.4.2, Table 3 is replaced by the following table:‘Table 3Materiality LevelCategory A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO25  %Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO22  %’ Materiality Level Category A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO2 5  % Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO2 2  %’
Materiality Level
Category A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO2 5  %
Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO2 2  %’
(a) in the third paragraph of Section 10.3.3, the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;
(b) in Section 10.4.1, the third paragraph is replaced by the following:‘The operator shall submit the emissions report, a copy of its approved monitoring plan or plans, and any other relevant information to the verifier.’;
(c) in Section 10.4.2, second paragraph, point (a), the second indent is replaced by the following:‘—understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’ ‘— understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’
‘— understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’
‘— understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’
(d) in Section 10.4.2, Table 3 is replaced by the following table:‘Table 3Materiality LevelCategory A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO25  %Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO22  %’ Materiality Level Category A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO2 5  % Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO2 2  %’
Materiality Level
Category A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO2 5  %
Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO2 2  %’
Materiality Level
Category A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO2 5  %
Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO2 2  %’
13. Section 11 in table 4, after the entry for ‘kerosene’, the following new entries are inserted:FuelEmission factor(tCO2/TJ)Net Calorific Value(TJ/Gg)2006 IPCC guidelines(exept biomass)2006 IPCC guidelines‘Aviation gasoline (AvGas)70,044,3Jet gasoline (Jet B)70,044,3Jet kerosene (jet A1 or jet A)71,544,1 ’ Fuel Emission factor(tCO2/TJ) Net Calorific Value(TJ/Gg) 2006 IPCC guidelines(exept biomass) 2006 IPCC guidelines ‘Aviation gasoline (AvGas) 70,0 44,3 Jet gasoline (Jet B) 70,0 44,3 Jet kerosene (jet A1 or jet A) 71,5 44,1 ’
Fuel Emission factor(tCO2/TJ) Net Calorific Value(TJ/Gg)
2006 IPCC guidelines(exept biomass) 2006 IPCC guidelines
‘Aviation gasoline (AvGas) 70,0 44,3
Jet gasoline (Jet B) 70,0 44,3
Jet kerosene (jet A1 or jet A) 71,5 44,1 ’
Fuel Emission factor(tCO2/TJ) Net Calorific Value(TJ/Gg)
2006 IPCC guidelines(exept biomass) 2006 IPCC guidelines
‘Aviation gasoline (AvGas) 70,0 44,3
Jet gasoline (Jet B) 70,0 44,3
Jet kerosene (jet A1 or jet A) 71,5 44,1 ’
14. In section 13.5.2, the third sentence of the first paragraph is replaced by the following:‘The respective laboratories and relevant analytical procedures shall be listed in the monitoring plan.’
15. In Section 14, first paragraph, the first sentence is replaced by the following:‘Unless otherwise provided by an activity-specific Annex, the following tables shall be used as a basis for reporting and may be adapted corresponding to the number of activities, type of installation, fuels and processes monitored.’
16. Section 15 is amended as follows:(a)in Section 15.1, in Table Section 1.A, the following rows are inserted before the row ‘4. Other sectors’:‘3.Transport(a)Civil Aviation’(b)in Section 15.1, in Table Section ‘MEMO ITEMS’, the following row is inserted after the row ‘CO2emissions from biomass’:‘International Bunkers, Aviation’ (a) in Section 15.1, in Table Section 1.A, the following rows are inserted before the row ‘4. Other sectors’:‘3.Transport(a)Civil Aviation’ (a) Civil Aviation’ (b) in Section 15.1, in Table Section ‘MEMO ITEMS’, the following row is inserted after the row ‘CO2emissions from biomass’:‘International Bunkers, Aviation’
(a) in Section 15.1, in Table Section 1.A, the following rows are inserted before the row ‘4. Other sectors’:‘3.Transport(a)Civil Aviation’ (a) Civil Aviation’
(a) Civil Aviation’
(b) in Section 15.1, in Table Section ‘MEMO ITEMS’, the following row is inserted after the row ‘CO2emissions from biomass’:‘International Bunkers, Aviation’
(a) in Section 15.1, in Table Section 1.A, the following rows are inserted before the row ‘4. Other sectors’:‘3.Transport(a)Civil Aviation’ (a) Civil Aviation’
(a) Civil Aviation’
(a) Civil Aviation’
(b) in Section 15.1, in Table Section ‘MEMO ITEMS’, the following row is inserted after the row ‘CO2emissions from biomass’:‘International Bunkers, Aviation’
(a) which calculation formula will be used (method A or method B);
(b) the data source which is used for determining the data on fuel uplift and fuel contained in the tank, and the methods for transmitting, storing and retrieving that data;
(c) which method is used to determine density, where applicable. When density-temperature correlation tables are used the operator shall specify the source of this data.
METHOD A:The following formula is used:Actual fuel consumption for each flight (tonnes) = Amount of fuel contained in aircraft tanks once fuel uplift for the flight is complete (tonnes) – Amount of fuel contained in aircraft tanks once fuel uplift for subsequent flight is complete (tonnes) + Fuel uplift for that subsequent flight (tonnes)In case there is no fuel uplift for the flight or subsequent flight, the amount of fuel contained in aircraft tanks shall be determined at block-off for the flight or subsequent flight. In the exceptional case that an aircraft performs activities other than a flight, such as undergoing major maintenance involving the emptying of the tanks, after the flight whose fuel consumption is being monitored, an aircraft operator may substitute the figures “Amount of fuel contained in aircraft tanks once fuel uplift for subsequent flight is complete + fuel uplift for that subsequent flight” by the “amount of fuel remaining in tanks at the start of the subsequent activity of the aircraft”, as recorded by technical logs.
METHOD B:The following formula is used:Actual fuel consumption for each flight (tonnes) = Amount of fuel remaining in aircraft tanks at block-on at the end of the previous flight (tonnes) + Fuel uplift for the flight (tonnes) – Amount of fuel contained in tanks at block-on at the end of the flight (tonnes)The moment of block-on may be considered equivalent to the moment of engine shut down. When an aircraft did not perform a flight previous to the flight whose fuel consumption is being measured, aircraft operators may provide the amount of fuel remaining in aircraft tanks at the end of the previous activity of the aircraft, as recorded by technical logs, instead of the “Amount of fuel remaining in aircraft tanks at block-on at the end of the previous flight”.
Fuel Emission factor(tCO2/tfuel)
Aviation gasoline (AvGas) 3,10
Jet gasoline (Jet B) 3,10
Jet kerosene (Jet A1 or Jet A) 3,15
— provide the aircraft manufacturer’s specifications determining uncertainty levels of on-board fuel measurement systems, and,
— provide evidence of carrying out routine checks of the satisfactory operation of the fuel measurement systems,
— a change of the average reported annual emissions which require the aircraft operator to apply a different tier as laid down in section 2.2.2,
— a change in the number of flights or in the total annual emissions which cause the aircraft operator to exceed the threshold for small emitters as laid down in section 4,
— substantial changes to the type of fuels used.
(1) identification of the aircraft operator, call sign or other unique designator used for air traffic control purposes, contact details of the aircraft operator and of a responsible person at the aircraft operator, contact address;
(2) identification of the version of the Monitoring Plan;
(3) an initial list of aircraft types in its fleet operated at the time of submission of the monitoring plan and the number of aircraft per type, and an indicative list of additional aircraft types expected to be used including, where available, an estimated number of aircraft per type as well as the fuel streams (fuel types) associated with each aircraft type;
(4) a description of procedures, systems and responsibilities used to track the completeness of the list of emission sources over the monitoring year, i.e. for ensuring the completeness of monitoring and reporting of the emissions of owned aircraft as well as leased-in aircraft;
(5) a description of the procedures used to monitor the completeness of the list of flights operated under the unique designator by aerodrome pair, and the procedures used for determining whether flights are covered by Annex I of Directive 2003/87/EC, ensuring completeness and avoiding double-counting;
(6) a description of data acquisition and handling activities and control activities, the quality control and assurance activities, including maintenance and calibration of measurement equipment (see section 10.3 of Annex I);
(7) where applicable, information on relevant links with activities undertaken under the Community eco-management and audit scheme (EMAS) and other environmental management systems (e.g. ISO14001:2004), in particular on procedures and controls with relevance to greenhouse gas emissions monitoring and reporting.
(8) a description of the methods for monitoring fuel consumption in both owned and leased-in aircraft, including:(a)the chosen methodology (method A or method B) for calculation of fuel consumption; if the same method is not applied for all aircraft types, a justification for this approach is to be provided, as well as a list specifying which method is used under which conditions;(b)procedures for measurement of fuel uplifts and fuel in tanks, including the selected tiers, a description of the measurement instruments involved and the procedures for recording, retrieving, transmitting and storing information regarding measurements, as applicable;(c)a procedure to ensure that the total uncertainty of fuel measurements will comply with the requirements of the selected tier, referring to calibration certificates of measurement systems, national laws, clauses in customer contracts or fuel suppliers accuracy standards. (a) the chosen methodology (method A or method B) for calculation of fuel consumption; if the same method is not applied for all aircraft types, a justification for this approach is to be provided, as well as a list specifying which method is used under which conditions; (b) procedures for measurement of fuel uplifts and fuel in tanks, including the selected tiers, a description of the measurement instruments involved and the procedures for recording, retrieving, transmitting and storing information regarding measurements, as applicable; (c) a procedure to ensure that the total uncertainty of fuel measurements will comply with the requirements of the selected tier, referring to calibration certificates of measurement systems, national laws, clauses in customer contracts or fuel suppliers accuracy standards.
(a) the chosen methodology (method A or method B) for calculation of fuel consumption; if the same method is not applied for all aircraft types, a justification for this approach is to be provided, as well as a list specifying which method is used under which conditions;
(b) procedures for measurement of fuel uplifts and fuel in tanks, including the selected tiers, a description of the measurement instruments involved and the procedures for recording, retrieving, transmitting and storing information regarding measurements, as applicable;
(c) a procedure to ensure that the total uncertainty of fuel measurements will comply with the requirements of the selected tier, referring to calibration certificates of measurement systems, national laws, clauses in customer contracts or fuel suppliers accuracy standards.
(a) the chosen methodology (method A or method B) for calculation of fuel consumption; if the same method is not applied for all aircraft types, a justification for this approach is to be provided, as well as a list specifying which method is used under which conditions;
(b) procedures for measurement of fuel uplifts and fuel in tanks, including the selected tiers, a description of the measurement instruments involved and the procedures for recording, retrieving, transmitting and storing information regarding measurements, as applicable;
(c) a procedure to ensure that the total uncertainty of fuel measurements will comply with the requirements of the selected tier, referring to calibration certificates of measurement systems, national laws, clauses in customer contracts or fuel suppliers accuracy standards.
(9) the procedures for measurement of the density used for fuel uplifts and fuel in tanks, including a description of the measurement instruments involved, or if measurement is not feasible, the standard value used and a justification for this approach;
(10) emission factors used for each fuel type, or in case of alternative fuels, the methodologies for determining the emission factors, including the approach for sampling, methods of analysis, a description of the laboratories used and of their accreditation and/or of their quality assurance procedures.
(11) Evidence that the thresholds defined for small emitters in section 4 are met;
(12) A confirmation of which tool as described in section 4 will be used, including a description of the tool.
(1) data identifying the aircraft operator as set out by Annex IV of Directive 2003/87/EC, and the call sign or other unique designators used for air traffic control purposes, as well as relevant contact details;
(2) name and address of the verifier of the report;
(3) the reporting year;
(4) reference to and version number of the relevant approved monitoring plan;
(5) relevant changes in the operations and deviations from the approved monitoring plan during the reporting period;
(6) the aircraft registration numbers and types of aircraft used in the period covered by the report to perform the aviation activities covered by Annex I of Directive 2003/87/EC carried out by the aircraft operator;
(7) the total number of flights covered by the report;
(8) the data according to Table 2;
(9) Memo-Items: amount of biomass used as fuel during the reporting year (in tonnes or m3) listed per fuel type.
Parameter Units Source stream Total
Fuel type 1 Fuel type 2 Fuel type n
Name of fuel
Emission sources using each type of source stream (Generic aircraft types):
Total fuel consumption t
Net Calorific Value of the Fuel(1) TJ/t
Emission Factor of this fuel t CO2/t or t CO2/TJ
Total aggregated CO2emissions from all eligible flights using this fuel t CO2
of which departure MS is the same as arrival MS (domestic flights) t CO2
of which all other flights (international flights both intra and extra EU) t CO2
Aggregated CO2emissions from all flights of which departure Member State is the same as arrival Member State (domestic flights):
Member State 1 t CO2
Member State 2 t CO2
Member State n t CO2
Aggregated CO2emissions from all flights departing from each Member State to another Member State or a third country(2):
Member State 1 t CO2
Member State 2 t CO2
Member State n t CO2
Aggregated CO2emissions from all flights arriving at each Member State from a third country(2):
Member State 1 t CO2
Member State 2 t CO2
Member State n t CO2
— Annual emissions and annual numbers of flights per aerodrome pair.
— completeness of flight and emissions data compared to air traffic data such as collected by Eurocontrol,
— consistency between reported data and mass and balance documentation,
— consistency between aggregated fuel consumption data and data on fuel purchased or otherwise supplied to the aircraft performing the aviation activity.’
(1) identification of the aircraft operator, call sign or other unique designators used for air traffic control purposes, contact details of the aircraft operator and of a responsible person at the aircraft operator, contact address;
(2) identification of the version of the monitoring plan;
(3) an initial list of aircraft types in its fleet operated at the time of submission of the monitoring plan and the number of aircraft per type, and an indicative list of additional aircraft types expected to be used including, where available, an estimated number of aircraft per type;
(4) a description of procedures, systems and responsibilities used to track the completeness of the list of aircraft employed over the monitoring year, i.e. ensuring the completeness of monitoring and reporting of the tonne-kilometre data of owned aircraft as well as leased-in aircraft;
(5) a description of the procedures used to monitor the completeness of the list of flights operated under the unique designator by aerodrome pair, and the procedures used for determining whether flights are covered by Annex I of Directive 2003/87/EC, ensuring completeness and avoiding double-counting;
(6) a description of data acquisition and handling activities and control activities in accordance with section 10.3 of Annex I;
(7) information on relevant links with activities undertaken under a quality management system, in particular on procedures and controls with relevance to tonne-kilometre data monitoring and reporting, if applicable;
(8) a description of the methods for determining tonne-kilometre data per flight, including(a)the procedures, responsibilities, data sources and calculation formulae for determination and recording of the distance per aerodrome pair;(b)whether a standard mass of 100 kg per passenger (tier 1) is used or the passenger mass from the mass and balance documentation (tier 2). In the case of tier 2, a description of the procedure for obtaining passenger mass is to be provided;(c)a description of the procedures used to determine the mass of freight and mail;(d)a description of the measurement devices used for measuring mass of passengers, freight and mail as applicable. (a) the procedures, responsibilities, data sources and calculation formulae for determination and recording of the distance per aerodrome pair; (b) whether a standard mass of 100 kg per passenger (tier 1) is used or the passenger mass from the mass and balance documentation (tier 2). In the case of tier 2, a description of the procedure for obtaining passenger mass is to be provided; (c) a description of the procedures used to determine the mass of freight and mail; (d) a description of the measurement devices used for measuring mass of passengers, freight and mail as applicable.
(a) the procedures, responsibilities, data sources and calculation formulae for determination and recording of the distance per aerodrome pair;
(b) whether a standard mass of 100 kg per passenger (tier 1) is used or the passenger mass from the mass and balance documentation (tier 2). In the case of tier 2, a description of the procedure for obtaining passenger mass is to be provided;
(c) a description of the procedures used to determine the mass of freight and mail;
(d) a description of the measurement devices used for measuring mass of passengers, freight and mail as applicable.
(a) the procedures, responsibilities, data sources and calculation formulae for determination and recording of the distance per aerodrome pair;
(b) whether a standard mass of 100 kg per passenger (tier 1) is used or the passenger mass from the mass and balance documentation (tier 2). In the case of tier 2, a description of the procedure for obtaining passenger mass is to be provided;
(c) a description of the procedures used to determine the mass of freight and mail;
(d) a description of the measurement devices used for measuring mass of passengers, freight and mail as applicable.
(1) data identifying the aircraft operator as set out by Annex IV of Directive 2003/87/EC, and the call sign or other unique designator used for air traffic control purposes, as well as relevant contact details;
(2) name and address of the verifier of the report;
(3) the reporting year;
(4) reference to and version number of the relevant approved monitoring plan;
(5) relevant changes in the operations and deviations from the approved monitoring plan during the reporting period;
(6) the aircraft registration numbers and types of aircraft used in the period covered by the report to perform the aviation activities covered by Annex I of Directive 2003/87/EC carried out by the aircraft operator;
(7) chosen method for calculation of mass for passengers and checked baggage, as well as for freight and mail;
(8) total number of passenger kilometres and tonne-kilometres for all flights performed during the year to which the report relates falling within the aviation activities listed in Annex I;
(9) for each aerodrome pair: ICAO designator of the two aerodromes, distance (= great circle distance + 95 km) in km, total number of flights per aerodrome pair in the reporting period, total mass of passengers and checked baggage (tonnes) during the reporting period per aerodrome pair, total number of passengers during the reporting period, total number of passenger * kilometres per aerodrome pair, total mass of freight and mail (tonnes) during the reporting period per aerodrome pair, total tonne-kilometres per aerodrome pair (t km).
— completeness of flight and tonne-kilometre data compared to air traffic data such as collected by Eurocontrol to ascertain that only eligible flights have been taken into account in the operators report,
— consistency between reported data and mass and balance documentation,
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC(1), and in particular Article 14(1) thereof,
(1) Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community(2)included aviation activities within the scheme for greenhouse gas emission allowance trading within the Community.
(2) Pursuant to Article 14(1) of Directive 2003/87/EC the Commission should adopt guidelines for monitoring and reporting of emissions resulting from aviation activities, and for monitoring and reporting of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of that Directive.
(3) The administering Member State should ensure that each aircraft operator submits to the competent authority in that Member State monitoring plans setting out measures to monitor and report annual emissions as well as tonne kilometre data for the purpose of an application for an allocation of allowances that are to be allocated free of charge, and that such plans are approved by the competent authority in accordance with the guidelines adopted pursuant to Article 14(1) of that Directive.
(4) Decision 2007/589/EC of 18 July 2007 establishing guidelines on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council(3)should therefore be amended accordingly.
(5) The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee referred to in Article 23 of Directive 2003/87/EC,
HAS ADOPTED THIS DECISION:

Article 1
Decision 2007/589/EC is amended as follows:
1.
Article 1 is replaced by the following:
The guidelines for the monitoring and reporting of greenhouse gas emissions from the activities listed in Annex I to Directive 2003/87/EC, and of activities included pursuant to Article 24(1) of that Directive, are set out in Annexes I to XIV to this Decision. The guidelines for the monitoring and reporting of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of Directive 2003/87/EC are set out in Annex XV.
Those guidelines are based on the principles set out in Annex IV to that Directive.’;
2.
in the Table of Annexes, the following entries are added:
3.
Annex I is amended as set out in Part A of the Annex to this Decision;
4.
Annex XIV is added as set out in Part B of the Annex to this Decision;
5.
Annex XV is added as set out in Part C of the Annex to this Decision.

Article 2
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC(1), and in particular Article 14(1) thereof,
(1) Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community(2)included aviation activities within the scheme for greenhouse gas emission allowance trading within the Community.
(2) Pursuant to Article 14(1) of Directive 2003/87/EC the Commission should adopt guidelines for monitoring and reporting of emissions resulting from aviation activities, and for monitoring and reporting of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of that Directive.
(3) The administering Member State should ensure that each aircraft operator submits to the competent authority in that Member State monitoring plans setting out measures to monitor and report annual emissions as well as tonne kilometre data for the purpose of an application for an allocation of allowances that are to be allocated free of charge, and that such plans are approved by the competent authority in accordance with the guidelines adopted pursuant to Article 14(1) of that Directive.
(4) Decision 2007/589/EC of 18 July 2007 establishing guidelines on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council(3)should therefore be amended accordingly.
(5) The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee referred to in Article 23 of Directive 2003/87/EC,
HAS ADOPTED THIS DECISION:
Decision 2007/589/EC is amended as follows:
1.
Article 1 is replaced by the following:
The guidelines for the monitoring and reporting of greenhouse gas emissions from the activities listed in Annex I to Directive 2003/87/EC, and of activities included pursuant to Article 24(1) of that Directive, are set out in Annexes I to XIV to this Decision. The guidelines for the monitoring and reporting of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of Directive 2003/87/EC are set out in Annex XV.
Those guidelines are based on the principles set out in Annex IV to that Directive.’;
2.
in the Table of Annexes, the following entries are added:
3.
Annex I is amended as set out in Part A of the Annex to this Decision;
4.
Annex XIV is added as set out in Part B of the Annex to this Decision;
5.
Annex XV is added as set out in Part C of the Annex to this Decision.
This Decision is addressed to the Member States.
ANNEX
A.
Annex I is amended as follows: 1. in Section 1, the words ‘Annexes II to XI’ are replaced by the words ‘Annexes II to XI and XIII-XV’; 2. Section 2 shall be amended as follows:
(a) the introductory part is replaced by the following:
‘For the purposes of this Annex and Annexes II to XV the definitions of Directive 2003/87/EC shall apply. However, for the purposes of this Annex, “operator” means operator as referred to in Article 3(f) of Directive 2003/87/EC and aircraft operator as referred to in point (o) of that Article.’;
(b) paragraph 1 is amended as follows:
(i) point (c) is replaced by the following:
‘(c) “emission source” means a separately identifiable part (point or process) of an installation from which relevant greenhouse gases are emitted or, for aviation activities, an individual aircraft;’
(ii) point (e) is replaced by the following:
‘(e) “monitoring methodology” means the sum of approaches used by an operator or aircraft operator to determine the emissions of a given installation or aviation activity;’
(iii) in point (f), the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;
(iv) point (g) is replaced by the following:
‘(g) “tier” means a specific element of a methodology for determining activity data, emission factors, annual emission, annual average hourly emission and oxidation or conversion factors, as well as for payload;’
(v) point (i) is replaced by the following:
‘(i) “reporting period” means one calendar year during which emissions or tonne-kilometre data have to be monitored and reported;’
(vi) in point (j), the period at the end is replaced by the following:
‘for aviation activities trading period means the period referred to in Article 3c(1) and (2) of that Directive.’;
(c) in paragraph 2, point (h) is replaced by the following:
‘(h) “commercial standard fuel” means the internationally standardised commercial fuels which exhibit a 95 % confidence interval of not more than ± 1 % for their specified calorific value, including gas oil, light fuel oil, gasoline, lamp oil, kerosene, ethane, propane, butane, jet kerosene (jet A1 or jet A), jet gasoline (Jet B) and aviation gasoline (AvGas).’;
(d) paragraph 4 is amended as follows:
(i) the last sentence of point (a) is replaced by the following:
‘For installations or aircraft operators without this history, data from representative installations or aircraft operators carrying out the same or comparable activities are used as reference and scaled according to their capacity.’;
(ii) point (c) is replaced by the following:
‘(c) “de minimis source streams” means a group of minor source streams selected by the operator and jointly emitting 1 kilotonne of fossil CO2 or less per year, or that contribute less than 2 % (up to a total maximum contribution of 20 kilotonnes of fossil CO2 per year) of total annual emissions of fossil CO2 of that installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions;’
(iii) point (e) is replaced by the following:
‘(e) “minor source streams” means those source streams selected by the operator to jointly emit 5 kilotonnes of fossil CO2 or less per year or to contribute less than 10 % (up to a total maximum contribution of 100 kilotonnes of fossil CO2 per year), to the total annual emissions of fossil CO2 of an installation or aircraft operator before subtraction of transferred CO2, whichever is the highest in terms of absolute emissions.’;
(e) paragraph 5 is amended as follows:
(i) point (e) is replaced by the following:
‘(e) “reasonable assurance” means a high but not absolute level of assurance, expressed positively in the verification opinion, whether the emissions report subject to verification is free from material misstatement and whether the installation or aircraft operator does not have material non-conformities;’
(ii) point (g) is replaced by the following:
‘(g) “level of assurance” means the degree to which the verifier is confident in the verification conclusions that it has been proved whether or not the information reported in the annual emission report for an installation or aircraft operator is free from material misstatement;’
(iii) in paragraph 5, point (h) and (i) are replaced by the following:
‘(h) “Non-conformity” means any act or omission of an act by the installation or aircraft operator being under verification, either intentional or unintentional, that is contrary to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC;
(i) “Material non-conformity” means a non-conformity to the requirements in the monitoring plan approved by the competent authority under the installation’s permit or under Article 3g of Directive 2003/87/EC, that could lead to a different treatment of the installation or aircraft operator by the competent authority;’
(f) the following paragraph 6 is added:
‘6. The following definitions shall apply in relation to emissions and tonne-kilometre data from aviation activities:
(a) “aerodrome of departure” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC begins;
(b) “aerodrome of arrival” means the aerodrome at which a flight constituting an aviation activity listed in Annex I of Directive 2003/87/EC ends;
(c) “aerodrome pair” means a pair constituted by an aerodrome of departure and an aerodrome of arrival;
(d) “mass and balance documentation” means the documentation as specified in international or national implementation of the Standards and Recommended Practices (SARPs) as laid down in Annex 6 (Operation of Aircraft) to the Chicago Convention (*1), including as specified in Council Regulation (EEC) No 3922/91 (EU-OPS), as amended by Commission Regulation (EC) No 859/2008 of 20 August 2008, in Annex III Subpart J, or equivalent international regulations;
(e) “passengers” means the persons onboard the aircraft during a flight excluding its crew members;
(f) “payload” means the total mass of freight, mail, passengers and baggage carried onboard the aircraft during a flight;
(g) “distance” means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km;
(h) “tonne-kilometre” means a tonne of payload carried a distance of one kilometre.
(*1) Convention on International Civil Aviation and its Annexes signed in Chicago on 7 December 1944.’
“
3. Section 3 is amended as follows:
(a) in the second paragraph, the word ‘installation’ is replaced by the words, ‘installation and aircraft operator’;
(b) the fifth paragraph is replaced by the following:
‘
Trueness. It shall be ensured that the emission determination is systematically neither over nor under true emissions. Sources of uncertainties shall be identified and reduced as far as practicable. Due diligence shall be exercised to ensure that the calculation and measurement of emissions exhibit highest achievable accuracy. The operator shall enable reasonable assurance of the integrity of reported emissions to be determined. Emissions shall be determined using the appropriate monitoring methodologies set out in these Guidelines. All metering or other testing equipment used to report monitoring data shall be appropriately applied, maintained and calibrated, and checked. Spreadsheets and other tools used to store and manipulate monitoring data shall be free from error. Reported emissions and related disclosures shall be free from material misstatement, avoid bias in the selection and presentation of information, and provide a credible and balanced account of an installation’s or aircraft operator’s emissions.’;
(c) in the sixth paragraph, the third sentence is replaced by the following:
‘The monitoring methodology itself shall describe the instructions to the operator in a logical and simple manner, avoiding duplication of effort and taking into account the existing systems in place at the installation or used by the aircraft operator.’; 4. Section 4.1 is amended as follows:
(a) the first paragraph is replaced by the following:
‘The monitoring and reporting process for an installation or aircraft operator shall include all relevant greenhouse gas emissions from all emission sources and/or source streams belonging to activities carried out at the installation or by an aircraft operator and listed in Annex I to Directive 2003/87/EC, as well as from activities and greenhouse gases included by a Member State pursuant to Article 24 of Directive 2003/87/EC. Aircraft operators shall furthermore ensure that documented procedures are in place which track any changes in the list of emission sources such as leasing or purchase of aircraft, thereby ensuring completeness of emission data and avoiding double counting.’;
(b) in the second paragraph, the second sentence is replaced by the following:
‘Therefore, all emission sources and source streams from activities listed in Annex I to Directive 2003/87/EC that are to be monitored and reported shall be listed in the permit or, for aviation activities, covered by the monitoring plan.’;
(c) the third paragraph is replaced by the following:
‘Emissions from mobile internal combustion engines for transportation purposes shall be excluded from the emission estimates of installations.’; 5. the first sentence of section 4.2 is replaced by the following:
‘Annex IV to Directive 2003/87/EC allows a determination of emissions of installations using either:’; 6. Section 4.3 is amended as follows:
(a) in the first paragraph the following sentence is added:
‘Pursuant to Article 3g of that Directive, aircraft operators shall submit to the competent authority a monitoring plan setting out measures to monitor and report emissions and tonne-kilometre data.’;
(b) the third paragraph is replaced by the following:
‘The competent authority shall check and approve the monitoring plan prepared by the operator before the start of the reporting period, and again after any substantial changes to the monitoring methodology are applied to an installation or by an aircraft operator. When required by an activity-specific Annex, the monitoring plan shall be submitted by a specific date using a standard template.’; 7. Section 5 is amended as follows:
(a) the third paragraph of Section 5.1 under the heading ‘Combustion Emissions’ is replaced by the following:
‘Activity data shall be based on fuel consumption. The quantity of fuel used shall be expressed in terms of energy content as TJ, unless otherwise indicated in these guidelines. The use of a net calorific value shall be deemed not to be necessary for some specific activities if their activity-specific Annexes indicate that emission factors expressed as t CO2 per tonne of fuel can be used with a similar level of accuracy. The emission factor shall be expressed as t CO2/TJ, unless otherwise indicated in these guidelines. When a fuel is consumed not all of the carbon in the fuel is oxidised to CO2. Incomplete oxidation occurs due to inefficiencies in the combustion process that leave some of the carbon unburned or partly oxidised as soot or ash. Un-oxidised or partially oxidised carbon is taken into account in the oxidation factor which shall be expressed as a fraction. The oxidation factor shall be expressed as a fraction of one. The resulting calculation formula is:’;
(b) in section 5.2, the first sentence is replaced by the following:
‘The activity-specific guidelines set out in Annexes II to XI and Annexes XIV and XV contain specific methodologies for determining the following variables: activity data (consisting of the two variables fuel/material flow and net calorific value), emission factors, composition data, oxidation and conversion factors and payload.’;
(c) the heading of section 5.3 is replaced by the following:
‘5.3. FALL-BACK APPROACHES FOR STATIONARY INSTALLATIONS’;
(d) the heading of section 5.4 is replaced by the following:
‘5.4. ACTIVITY DATA OF STATIONARY INSTALLATIONS’;
(e) The second paragraph of section 5.5 is replaced by the following:
‘In order to achieve highest transparency and widest possible consistency with national greenhouse gas inventories, the use of emission factors for a fuel expressed as t CO2/t rather than t CO2/TJ for combustion emissions is restricted to cases where unreasonable costs would otherwise be incurred by the operator, and to cases defined in activity-specific Annexes of these guidelines.’; 8. the heading of section 6 is replaced by the following:
‘6.
MEASUREMENT BASED METHODOLOGIES FOR STATIONARY INSTALLATIONS’; 9. Section 7.1 is amended as follows:
(a) the second paragraph is replaced by the following:
‘Under the calculation based methodology following the provisions of section 5.2, the competent authority will have approved the combination of tiers for each source stream in an installation plus approved all other details of the monitoring methodology for that installation as contained within the installation’s permit or, for aviation activities, the aircraft operator’s monitoring plan. In doing so, the competent authority has authorised the uncertainty directly resulting from correct application of the approved monitoring methodology, and the evidence of that approval is the content of the permit or, for aviation activities, the content of the approved monitoring plan. Stating the combination of tiers in the emissions report shall constitute reporting uncertainty for the purposes of Directive 2003/87/EC. Hence there is no further requirement to report on uncertainty if the calculation based methodology is applied.’;
(b) the first sentence of the fifth paragraph is replaced by the following:
‘In all other cases, the operator shall provide written proof of the uncertainty level associated with the determination of activity data for each source stream in order to demonstrate compliance with the uncertainty thresholds defined in Annexes II to XI and Annexes XIV and XV of these Guidelines.’; 10. Section 8 is amended as follows:
(a) the first paragraph is replaced by the following:
‘Annex IV to Directive 2003/87/EC sets out the reporting requirements for installations and aircraft operators. The reporting format set out in Section 14 of this Annex and the information required therein shall be used as a basis for reporting of the quantitative data unless an equivalent electronic standard protocol for annual reporting has been published by the EU Commission. Where a reporting format is specified in an activity-specific Annex, this reporting format and the information required therein shall be used for reporting.’;
(b) the 11th paragraph is replaced by the following:
‘In order to achieve consistency between data reported under Directive 2003/87/EC and data reported by Member States under the UN Framework Convention on Climate Change and other emission data reported for the European Pollutant Release and Transfer Register (EPRTR), each activity carried out by an installation or aircraft operator shall be labelled applying the codes, if applicable, from the following two reporting schemes:’; 11. Section 9 is amended as follows:
(a) the first and second paragraphs are replaced by the following:
‘An operator shall document and archive monitoring data for the installation’s or aircraft operator’s emissions from all emission sources and/or source streams belonging to activities listed in Annex I to Directive 2003/87/EC of greenhouse gases specified in relation to those activities.
The documented and archived monitoring data shall be sufficient to allow for the verification of the annual emissions report of an installation’s or aircraft operator’s emissions submitted by the operator pursuant to Article 14(3) of Directive 2003/87/EC, in accordance with the criteria set out in Annex V to that Directive.’;
(b) in the fourth paragraph, the words ‘an operator of an installation’ are replaced by the words ‘an operator’;
(c) the fifth indent of the fifth paragraph is replaced by the following:
‘—
documentation of the process of collection of activity data for the installation or aircraft operator and its source streams,’;
(d) The following paragraph is added at the end of section 9:
‘The following additional information shall be retained for aviation activities:
—
the list of aircraft owned and leased-in, and necessary evidence for the completeness of that list,
—
the list of flights covered in each reporting period, and necessary evidence for the completeness of that list,
—
data used for determination of payload and distance relevant for the years for which tonne-kilometre data is reported,
—
documentation on the approach for data gaps if applicable, and the data used for closing the data gaps where they have occurred.’; 12. Section 10 is amended as follows:
(a) in the third paragraph of Section 10.3.3, the word ‘installation’ is replaced by the words ‘installation or aircraft operator’;
(b) in Section 10.4.1, the third paragraph is replaced by the following:
‘The operator shall submit the emissions report, a copy of its approved monitoring plan or plans, and any other relevant information to the verifier.’;
(c) in Section 10.4.2, second paragraph, point (a), the second indent is replaced by the following:
‘—
understand each activity undertaken by the installation or aircraft operator, the emission sources, source streams within the installation or the aircraft operator’s relevant aviation activities, the metering equipment used to monitor or measure activity data, the origin and application of emission factors and oxidation/conversion factors, any other data used to calculate or measure the emissions, and the environment in which the installation or the aircraft operator operates;’
(d) in Section 10.4.2, Table 3 is replaced by the following table:
‘Table 3

Materiality Level
Category A and B Installations, or aircraft operators with annual emissions of equal to or less than 500 kilotonnes CO2
5 %
Category C Installations, or aircraft operators with annual emissions of more than 500 kilotonnes CO2
2 %’ 13. Section 11 in table 4, after the entry for ‘kerosene’, the following new entries are inserted:
Fuel
Emission factor
(tCO2/TJ)
Net Calorific Value
(TJ/Gg)

2006 IPCC guidelines
(exept biomass)
2006 IPCC guidelines
‘Aviation gasoline (AvGas)
70,0
44,3
Jet gasoline (Jet B)
70,0
44,3
Jet kerosene (jet A1 or jet A)
71,5
44,1 ’ 14. In section 13.5.2, the third sentence of the first paragraph is replaced by the following:
‘The respective laboratories and relevant analytical procedures shall be listed in the monitoring plan.’
15. In Section 14, first paragraph, the first sentence is replaced by the following:
‘Unless otherwise provided by an activity-specific Annex, the following tables shall be used as a basis for reporting and may be adapted corresponding to the number of activities, type of installation, fuels and processes monitored.’
16. Section 15 is amended as follows:
(a) in Section 15.1, in Table Section 1.A, the following rows are inserted before the row ‘4. Other sectors’:
‘3. Transport
(a) Civil Aviation’
(b) in Section 15.1, in Table Section ‘MEMO ITEMS’, the following row is inserted after the row ‘CO2 emissions from biomass’:
‘International Bunkers, Aviation’

B.
The following Annex XIV is added:
‘ANNEX XIV
Activity-specific guidelines for determination of emissions from aviation activities as listed in Annex I to Directive 2003/87/EC 1. BOUNDARIES AND COMPLETENESS
The activity-specific guidelines in this Annex shall be used to monitor and report emissions occurring from aviation activities as listed in Annex I to Directive 2003/87/EC. Annex II for the combustion of fuels is not applicable to mobile sources such as aircraft.
All flights included in Annex I to Directive 2003/87/EC and performed by an aircraft operator during the reporting period shall be included. For the purpose of identifying the unique aircraft operator as defined by Article 3(o) of Directive 2003/87/EC responsible for a flight, the call sign used for Air Traffic Control (ATC) purposes shall be used. The call sign is the ICAO designator in box 7 of the flight plan or, if not available, the registration marking of the aircraft. If the identity of the aircraft operator is not known, the owner of the aircraft shall be regarded as the aircraft operator unless it proves to the satisfaction of the competent authority who was the aircraft operator. 2. DETERMINATION OF CO2 EMISSIONS
CO2 emissions from aviation activities shall be calculated using the formula:
CO2 emissions = Fuel consumption * emission factor
2.1. CHOICE OF METHODOLOGY
The aircraft operator shall define in the monitoring plan which monitoring methodology is used for each aircraft type. In case the aircraft operator intends to use leased-in or other aircraft types which are not yet included in the monitoring plan at the time of submission to the competent authority, the aircraft operator shall include in the monitoring plan a description of the procedure to be used for defining the monitoring methodology for these additional aircraft types. The aircraft operator shall ensure that the monitoring methodology, once it has been chosen, is consistently applied.
The aircraft operator shall define in the monitoring plan for each aircraft type:
(a) which calculation formula will be used (method A or method B);
(b) the data source which is used for determining the data on fuel uplift and fuel contained in the tank, and the methods for transmitting, storing and retrieving that data;
(c) which method is used to determine density, where applicable. When density-temperature correlation tables are used the operator shall specify the source of this data.
For points (b) and (c), where necessary due to special circumstances such as fuel suppliers who cannot provide all the required data for a certain methodology, this list of applied methodologies may contain a list of deviations from the general methodology for specific aerodromes.
2.2. FUEL CONSUMPTION
Fuel consumption is expressed as fuel consumed in mass units (tonnes) during the reporting period.
Fuel consumed shall be monitored for each flight and for each fuel and shall include fuel consumed by the auxiliary power unit as provided for by the calculation formulae below. Fuel uplift may be determined based on the measurement by the fuel supplier, as documented in the fuel delivery notes or invoices for each flight. Alternatively, fuel uplift may also be determined using aircraft onboard measurement systems. The data shall be taken from the fuel supplier, or recorded in the mass and balance documentation, in the aircraft technical log or be transmitted electronically from the aircraft to the aircraft operator. Fuel contained in the tank may be determined using aircraft onboard measurement systems and recorded in the mass and balance documentation, in the aircraft technical log or transmitted electronically from the aircraft to the aircraft operator.
The operator shall choose the method which provides for the most complete and timely data combined with the lowest uncertainty without incurring unreasonable costs.
2.2.1. CALCULATION FORMULAE
Actual fuel consumed shall be calculated using one of the following two methods:
METHOD A:
The following formula is used:
Actual fuel consumption for each flight (tonnes) = Amount of fuel contained in aircraft tanks once fuel uplift for the flight is complete (tonnes) – Amount of fuel contained in aircraft tanks once fuel uplift for subsequent flight is complete (tonnes) + Fuel uplift for that subsequent flight (tonnes)
In case there is no fuel uplift for the flight or subsequent flight, the amount of fuel contained in aircraft tanks shall be determined at block-off for the flight or subsequent flight. In the exceptional case that an aircraft performs activities other than a flight, such as undergoing major maintenance involving the emptying of the tanks, after the flight whose fuel consumption is being monitored, an aircraft operator may substitute the figures “Amount of fuel contained in aircraft tanks once fuel uplift for subsequent flight is complete + fuel uplift for that subsequent flight” by the “amount of fuel remaining in tanks at the start of the subsequent activity of the aircraft”, as recorded by technical logs.
METHOD B:
The following formula is used:
Actual fuel consumption for each flight (tonnes) = Amount of fuel remaining in aircraft tanks at block-on at the end of the previous flight (tonnes) + Fuel uplift for the flight (tonnes) – Amount of fuel contained in tanks at block-on at the end of the flight (tonnes)
The moment of block-on may be considered equivalent to the moment of engine shut down. When an aircraft did not perform a flight previous to the flight whose fuel consumption is being measured, aircraft operators may provide the amount of fuel remaining in aircraft tanks at the end of the previous activity of the aircraft, as recorded by technical logs, instead of the “Amount of fuel remaining in aircraft tanks at block-on at the end of the previous flight”.
2.2.2. QUANTIFICATION REQUIREMENTS
Tier 1
Fuel consumption over the reporting period is determined with a maximum uncertainty of less than ± 5,0 %.
Tier 2
Fuel consumption over the reporting period is determined with a maximum uncertainty of less than ± 2,5 %.
Aircraft operators with average reported annual emissions over the previous trading period (or a conservative estimate or projection if reported emissions are not available or no longer applicable) equal to or less than 50 kilotonnes of fossil CO2 shall apply as a minimum tier 1 for major source streams. All other aircraft operators shall apply tier 2 for major source streams.
2.2.3. FUEL DENSITY
If the amount of fuel uplift or the amount of fuel remaining in the tanks is determined in units of volume (litres or m3), the aircraft operator shall convert this amount from volume to mass by using actual density values. Actual density means density expressed as kg/litre and determined for the applicable temperature for a specific measurement. Unless on-board measurement systems can be used, the actual density shall be the one measured by the fuel supplier at fuel uplift and recorded on the fuel invoice or delivery note. If such information is not available, the actual density shall be determined from the temperature of the fuel during the uplift provided by the fuel supplier or specified for the aerodrome where the fuel uplift takes place, using standard density-temperature correlation tables. Only in cases for which it is shown to the satisfaction of the competent authority that actual values are not available, a standard density factor of 0,8 kg/litre shall be applied.
2.3. EMISSION FACTOR
The following reference factors, expressed as t CO2/t fuel, based on the reference net calorific values and emission factors specified in Section 11 of Annex I, shall be used for each aviation fuel:
Table 1
Emission factors for aviation fuels
Fuel
Emission factor
(tCO2/tfuel)
Aviation gasoline (AvGas)
3,10
Jet gasoline (Jet B)
3,10
Jet kerosene (Jet A1 or Jet A)
3,15
For reporting purposes, this approach is considered as tier 1. For alternative fuels for which no reference values have been defined, activity specific emission factors shall be determined as specified in Section 5.5 and 13 of Annex I. In such cases the net calorific value shall be determined and reported as a memo-item. If the alternative fuel contains biomass, the requirements for monitoring and reporting of biomass content as set out in Annex I shall apply.
For commercially traded fuels the emission factor or the carbon content, on which it is based, the biomass content and net calorific value may be derived from the purchasing records for the respective fuel provided by the fuel supplier, provided it has been derived based on accepted international standards. 3. UNCERTAINTY ASSESSMENT
The aircraft operator shall have an understanding of the main sources of uncertainty when calculating emissions. Aircraft operators shall not be required to carry out a detailed uncertainty assessment as set out in Section 7.1 of Annex I, provided the aircraft operator identifies sources of uncertainties and their associated levels of uncertainty. This information shall be used when selecting the monitoring methodology under section 2.2. Where fuel uplifts are determined solely on the invoiced quantity of fuel or other appropriate information provided by the fuel supplier such as delivery notes for fuel uplift per flight, no further proof of the associated uncertainty level is required.
Where on-board systems are used for measuring fuel uplift, the level of uncertainty associated with fuel measurements shall be supported by calibration certificates. If such certificates are not available, aircraft operators shall.
—
provide the aircraft manufacturer’s specifications determining uncertainty levels of on-board fuel measurement systems, and,
—
provide evidence of carrying out routine checks of the satisfactory operation of the fuel measurement systems,
Uncertainties for all other components of the monitoring methodology may be based on conservative expert judgement taking into account the estimated number of flights within the reporting period. There is no requirement to take into account the cumulative effect of all components of the measurement system on the uncertainty of the annual activity data.
The aircraft operator shall regularly carry out cross-checks between uplift quantity as provided by invoices and uplift quantity indicated by on-board measurement, and take corrective action in accordance with section 10.3.5 if deviations are observed. 4. SIMPLIFIED PROCEDURES FOR SMALL EMITTERS
Aircraft operators operating fewer than 243 flights per period for three consecutive four-month periods and aircraft operators operating flights with total annual emissions lower than 10 000 tonnes CO2 per year shall be considered small emitters.
Aircraft operators that are small emitters may estimate the fuel consumption using tools implemented by Eurocontrol or another relevant organisation, which can process all relevant air traffic information such as that available to Eurocontrol. The applicable tools shall be used only if they are approved by the Commission including the application of correction factors to compensate for any inaccuracies in the modelling methods.
An aircraft operator making use of the simplified procedure and exceeding the threshold for small emitters during a reporting year shall notify this fact to the competent authority. Unless the aircraft operator demonstrates to the satisfaction of the competent authority, that the threshold will not be exceeded again from the following reporting period onwards, the aircraft operator shall update the monitoring plan to meet the monitoring requirements laid down in sections 2 and 3. The revised monitoring plan shall be submitted without undue delay to the competent authority for approval. 5. APPROACHES FOR DATA GAPS
The aircraft operator shall take all necessary action to prevent missing data from occurring by implementing suitable control activities as referred to in section 10.2 to 10.3 of Annex I of these guidelines.
If a competent authority, an aircraft operator or the verifier detects that for a flight covered by Annex I to Directive 2003/87/EC part of the data necessary for determining the emissions are missing as a result of circumstances beyond the control of the aircraft operator and cannot be determined by an alternative method defined in the monitoring plan, the emissions for that flight may be estimated by the operator using the tools mentioned in section 4. The quantity of emissions for which such approach is used shall be specified in the annual emission report. 6. MONITORING PLAN
Aircraft operators shall submit their monitoring plan to the competent authority for approval at least four months prior to the start of the first reporting period.
The competent authority shall ensure that the aircraft operator reviews the monitoring plan before the start of each trading period and submits a revised monitoring plan as appropriate. Subsequent to the submission of a monitoring plan for the reporting of emissions from 1 January 2010, a review of the monitoring plan shall take place before the start of the trading period commencing in 2013. In performing such review, the aircraft operator shall assess to the satisfaction of the competent authority if the monitoring methodology can be changed in order to improve the quality of the reported data without leading to unreasonably high costs. Proposed changes to the monitoring methodology, if any, shall be notified to the competent authority. Substantial changes to the monitoring methodology which require an update of the monitoring plan shall be subject to the approval of the competent authority. Substantial changes include:
—
a change of the average reported annual emissions which require the aircraft operator to apply a different tier as laid down in section 2.2.2,
—
a change in the number of flights or in the total annual emissions which cause the aircraft operator to exceed the threshold for small emitters as laid down in section 4,
—
substantial changes to the type of fuels used.
By way of derogation from Section 4.3 of Annex I, the monitoring plan shall contain the following information:
For all aircraft operators:
(1) identification of the aircraft operator, call sign or other unique designator used for air traffic control purposes, contact details of the aircraft operator and of a responsible person at the aircraft operator, contact address;
(2) identification of the version of the Monitoring Plan;
(3) an initial list of aircraft types in its fleet operated at the time of submission of the monitoring plan and the number of aircraft per type, and an indicative list of additional aircraft types expected to be used including, where available, an estimated number of aircraft per type as well as the fuel streams (fuel types) associated with each aircraft type;
(4) a description of procedures, systems and responsibilities used to track the completeness of the list of emission sources over the monitoring year, i.e. for ensuring the completeness of monitoring and reporting of the emissions of owned aircraft as well as leased-in aircraft;
(5) a description of the procedures used to monitor the completeness of the list of flights operated under the unique designator by aerodrome pair, and the procedures used for determining whether flights are covered by Annex I of Directive 2003/87/EC, ensuring completeness and avoiding double-counting;
(6) a description of data acquisition and handling activities and control activities, the quality control and assurance activities, including maintenance and calibration of measurement equipment (see section 10.3 of Annex I);
(7) where applicable, information on relevant links with activities undertaken under the Community eco-management and audit scheme (EMAS) and other environmental management systems (e.g. ISO14001:2004), in particular on procedures and controls with relevance to greenhouse gas emissions monitoring and reporting.
In addition to points 1 to 7, for all aircraft operators, except small emitters who want to make use of the simplified procedure defined in section 4, the monitoring plan shall contain:
(8) a description of the methods for monitoring fuel consumption in both owned and leased-in aircraft, including:
(a) the chosen methodology (method A or method B) for calculation of fuel consumption; if the same method is not applied for all aircraft types, a justification for this approach is to be provided, as well as a list specifying which method is used under which conditions;
(b) procedures for measurement of fuel uplifts and fuel in tanks, including the selected tiers, a description of the measurement instruments involved and the procedures for recording, retrieving, transmitting and storing information regarding measurements, as applicable;
(c) a procedure to ensure that the total uncertainty of fuel measurements will comply with the requirements of the selected tier, referring to calibration certificates of measurement systems, national laws, clauses in customer contracts or fuel suppliers accuracy standards.
(9) the procedures for measurement of the density used for fuel uplifts and fuel in tanks, including a description of the measurement instruments involved, or if measurement is not feasible, the standard value used and a justification for this approach;
(10) emission factors used for each fuel type, or in case of alternative fuels, the methodologies for determining the emission factors, including the approach for sampling, methods of analysis, a description of the laboratories used and of their accreditation and/or of their quality assurance procedures.
In addition to points 1 to 7, for small emitters who want to make use of the simplified procedure defined in section 4, the monitoring plan shall contain:
(11) Evidence that the thresholds defined for small emitters in section 4 are met;
(12) A confirmation of which tool as described in section 4 will be used, including a description of the tool.
The competent authority may require the aircraft operator to use an electronic template for submission of the monitoring plan. The Commission may publish a standardised electronic template or file format specification. In this case the competent authority shall accept the use by the aircraft operator of this template or specification, unless the competent authority’s template requires at least the same data input. 7. REPORTING FORMAT
Aircraft operators shall use the format set out in section 8 for reporting their annual emissions. The competent authority may require the aircraft operator to use an electronic template for submission of the annual emission report. The Commission may publish a standardised electronic template or file format specification. In this case the competent authority shall accept the use by the aircraft operator of this template or specification, unless the competent authority’s template requires at least the same data input.
Emissions shall be reported as rounded tonnes of CO2. Emission factors shall be rounded to include only significant digits both for emission calculations and reporting purposes. Fuel consumption per flight shall be used with all significant digits for calculation. 8. CONTENT OF THE ANNUAL EMISSION REPORT
Each aircraft operator shall include the following information in its annual emission report:
(1) data identifying the aircraft operator as set out by Annex IV of Directive 2003/87/EC, and the call sign or other unique designators used for air traffic control purposes, as well as relevant contact details;
(2) name and address of the verifier of the report;
(3) the reporting year;
(4) reference to and version number of the relevant approved monitoring plan;
(5) relevant changes in the operations and deviations from the approved monitoring plan during the reporting period;
(6) the aircraft registration numbers and types of aircraft used in the period covered by the report to perform the aviation activities covered by Annex I of Directive 2003/87/EC carried out by the aircraft operator;
(7) the total number of flights covered by the report;
(8) the data according to Table 2;
(9) Memo-Items: amount of biomass used as fuel during the reporting year (in tonnes or m3) listed per fuel type.
Table 2
Reporting format for annual emissions from aviation activities
Parameter
Units
Source stream
Total

Fuel type 1
Fuel type 2
Fuel type n

Name of fuel

Emission sources using each type of source stream (Generic aircraft types):

Total fuel consumption
t

Net Calorific Value of the Fuel (1) TJ/t

Emission Factor of this fuel
t CO2/t or t CO2/TJ

Total aggregated CO2 emissions from all eligible flights using this fuel
t CO2

of which departure MS is the same as arrival MS (domestic flights)
t CO2

of which all other flights (international flights both intra and extra EU)
t CO2

Aggregated CO2 emissions from all flights of which departure Member State is the same as arrival Member State (domestic flights):
Member State 1
t CO2

Member State 2
t CO2

Member State n
t CO2

Aggregated CO2 emissions from all flights departing from each Member State to another Member State or a third country
(2) :
Member State 1
t CO2

Member State 2
t CO2

Member State n
t CO2

Aggregated CO2 emissions from all flights arriving at each Member State from a third country
(2) :
Member State 1
t CO2

Member State 2
t CO2

Member State n
t CO2

Each aircraft operator shall include the following information as an annex to its annual emission report:
—
Annual emissions and annual numbers of flights per aerodrome pair.
The operator may request that this annex is treated as confidential information. 9. VERIFICATION
In addition to the verification requirements set out in Section 10.4 of Annex I, the following shall be taken into account by the verifier:
—
completeness of flight and emissions data compared to air traffic data such as collected by Eurocontrol,
—
consistency between reported data and mass and balance documentation,
—
consistency between aggregated fuel consumption data and data on fuel purchased or otherwise supplied to the aircraft performing the aviation activity.’

C.
The following Annex XV is added:
‘ANNEX XV
Activity specific guidelines for determination of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of Directive 2003/87/EC 1. INTRODUCTION
This Annex contains the general guidelines for the monitoring, reporting and verification of tonne-kilometre data for the aviation activities listed in Annex I to Directive 2003/87/EC.
Annex I shall apply to the monitoring, reporting and verification of tonne-kilometre data as appropriate. For this purpose, the references to emissions shall be interpreted as references to tonne-kilometre data. Sections 4.1, 4.2, 5.1, 5.3 to 5.7, 6 to 7 and 11 to 16 of Annex I are not applicable to tonne-kilometre data. 2. BOUNDARIES AND COMPLETENESS
The activity-specific guidelines of this Annex shall be used to monitor and report tonne-kilometre data from aviation activities as included in Annex I to Directive 2003/87/EC. All flights covered by Annex I of that Directive performed by an aircraft operator during the reporting period shall be included.
For the purpose of identifying the unique aircraft operator as defined by Article 3(o) of Directive 2003/87/EC responsible for a flight, the call sign used for Air Traffic Control (ATC) purposes shall be used. The call sign is the ICAO designator in box 7 of the flight plan or, if not available, the registration marking of the aircraft. If the identity of the aircraft operator is not known, the owner of the aircraft shall be regarded as the aircraft operator unless it proves which other person was the aircraft operator. 3. THE MONITORING PLAN
Pursuant to Article 3g of Directive 2003/87/EC aircraft operators shall submit a monitoring plan setting out measures to monitor and report tonne-kilometre data.
Aircraft operators shall submit their monitoring plan to the competent authority at least four months prior to the start of the first reporting period for approval.
The aircraft operator shall define in the monitoring plan which monitoring methodology is used for each aircraft type. In case the aircraft operator intends to use leased-in or other aircraft types which are not yet included in the monitoring plan at the time of submission to the competent authority, the aircraft operator shall include in the monitoring plan a description of the procedure to be used for defining the monitoring methodology for these additional aircraft types. The aircraft operator shall ensure that the monitoring methodology, once it has been chosen, is consistently applied.
By way of derogation from Section 4.3 of Annex I, the monitoring plan shall contain the following information:
(1) identification of the aircraft operator, call sign or other unique designators used for air traffic control purposes, contact details of the aircraft operator and of a responsible person at the aircraft operator, contact address;
(2) identification of the version of the monitoring plan;
(3) an initial list of aircraft types in its fleet operated at the time of submission of the monitoring plan and the number of aircraft per type, and an indicative list of additional aircraft types expected to be used including, where available, an estimated number of aircraft per type;
(4) a description of procedures, systems and responsibilities used to track the completeness of the list of aircraft employed over the monitoring year, i.e. ensuring the completeness of monitoring and reporting of the tonne-kilometre data of owned aircraft as well as leased-in aircraft;
(5) a description of the procedures used to monitor the completeness of the list of flights operated under the unique designator by aerodrome pair, and the procedures used for determining whether flights are covered by Annex I of Directive 2003/87/EC, ensuring completeness and avoiding double-counting;
(6) a description of data acquisition and handling activities and control activities in accordance with section 10.3 of Annex I;
(7) information on relevant links with activities undertaken under a quality management system, in particular on procedures and controls with relevance to tonne-kilometre data monitoring and reporting, if applicable;
(8) a description of the methods for determining tonne-kilometre data per flight, including
(a) the procedures, responsibilities, data sources and calculation formulae for determination and recording of the distance per aerodrome pair;
(b) whether a standard mass of 100 kg per passenger (tier 1) is used or the passenger mass from the mass and balance documentation (tier 2). In the case of tier 2, a description of the procedure for obtaining passenger mass is to be provided;
(c) a description of the procedures used to determine the mass of freight and mail;
(d) a description of the measurement devices used for measuring mass of passengers, freight and mail as applicable.
The competent authority may require the aircraft operator to use an electronic template for submission of the monitoring plan. The Commission may publish a standardised electronic template or file format specification. In this case the competent authority shall accept the use by the aircraft operator of this template or specification, unless the competent authority’s template requires at least the same data input. 4. METHODOLOGIES FOR CALCULATING TONNE-KILOMETRE DATA
4.1. CALCULATION FORMULA
Aircraft operators shall monitor and report tonne-kilometre data using a calculation-based methodology. Calculation of tonne-kilometre data shall be based on the following formula:
tonne kilometres (t km) = distance (km) * payload (t) 4.2. DISTANCE
Distance shall be calculated using the formula:
Distance [km] = Great Circle Distance [km] + 95 km
The Great Circle Distance is defined as the shortest distance between any two points on the surface of the Earth, which shall be approximated using the system referred to in Article 3.7.1.1 of Annex 15 to the Chicago Convention (WGS 84).
The latitude and longitude of aerodromes shall be taken either from aerodrome location data published in Aeronautical Information Publications (hereinafter AIP) in compliance to Annex 15 of the Chicago Convention or from a source using such AIP data.
Distances calculated by software or by a third party may also be used, provided that the calculation methodology is based on the above formula and AIP data.
4.3. PAYLOAD
Payload shall be calculated using the following formula:
Payload (t) = mass of freight and mail (t) + mass of passengers and checked baggage (t) 4.3.1. MASS OF FREIGHT AND MAIL
Actual or standard mass contained in the mass and balance documentation for the relevant flights shall be used for calculating payload. Aircraft operators which are not required to have a mass and balance documentation shall propose a suitable methodology for determining mass of freight and mail in the monitoring plan for approval by the competent authority.
The actual freight and mail mass shall exclude the tare weight of all pallets and containers that are not payload, and the service weight.
4.3.2. MASS OF PASSENGERS AND CHECKED BAGGAGE
Aircraft operators may apply one of two different tiers to determine the mass of passengers. The aircraft operator may select as a minimum the Tier 1 level to determine the mass of passengers and checked baggage. Within the same trading period the chosen tier shall be applied to all flights.
Tier 1
A default value of 100 kg for each passenger and their checked baggage is used.
Tier 2
The mass for passengers and checked baggage contained in the mass and balance documentation for each flight is used. 5. UNCERTAINTY ASSESSMENT
The aircraft operator shall have an understanding of the main sources of uncertainty when calculating tonne-kilometre data. A detailed uncertainty analysis as set out in Section 7 of Annex I is not required for the methodology of tonne-kilometre data determination.
The aircraft operator shall carry out regularly suitable control activities as set out by section 10.2 and 10.3 of Annex I, and take immediately corrective action in accordance with section 10.3.5 if irregularities are observed. 6. REPORTING
Reporting of tonne-kilometre data is required for the purpose of applications pursuant to Articles 3e and 3f of Directive 2003/87/EC in respect of the monitoring years specified therein only.
Aircraft operators shall use the format set out in section 7 below for reporting their tonne-kilometre data. The competent authority may require the aircraft operator to use an electronic template for submission of the tonne-kilometre data report. The Commission may publish a standardised electronic template or file format specification. In this case the competent authority shall accept the use by the aircraft operator of this template or specification, unless the competent authority’s template requires at least the same data input.
Tonne-kilometres shall be reported as rounded values of [t km]. All data per flight shall be used with all significant digits for calculation. 7. CONTENT OF THE REPORT ON TONNE-KILOMETRE DATA
Each aircraft operator shall include the following information in its report on tonne-kilometre data:
(1) data identifying the aircraft operator as set out by Annex IV of Directive 2003/87/EC, and the call sign or other unique designator used for air traffic control purposes, as well as relevant contact details;
(2) name and address of the verifier of the report;
(3) the reporting year;
(4) reference to and version number of the relevant approved monitoring plan;
(5) relevant changes in the operations and deviations from the approved monitoring plan during the reporting period;
(6) the aircraft registration numbers and types of aircraft used in the period covered by the report to perform the aviation activities covered by Annex I of Directive 2003/87/EC carried out by the aircraft operator;
(7) chosen method for calculation of mass for passengers and checked baggage, as well as for freight and mail;
(8) total number of passenger kilometres and tonne-kilometres for all flights performed during the year to which the report relates falling within the aviation activities listed in Annex I;
(9) for each aerodrome pair: ICAO designator of the two aerodromes, distance (= great circle distance + 95 km) in km, total number of flights per aerodrome pair in the reporting period, total mass of passengers and checked baggage (tonnes) during the reporting period per aerodrome pair, total number of passengers during the reporting period, total number of passenger * kilometres per aerodrome pair, total mass of freight and mail (tonnes) during the reporting period per aerodrome pair, total tonne-kilometres per aerodrome pair (t km). 8. VERIFICATION
In addition to the verification requirements set out in Section 10.4 of Annex I, the following shall be taken into account by the verifier:
—
completeness of flight and tonne-kilometre data compared to air traffic data such as collected by Eurocontrol to ascertain that only eligible flights have been taken into account in the operators report,
—
consistency between reported data and mass and balance documentation,
For tonne-kilometre data, the materiality level shall be 5 %.’

(*1) Convention on International Civil Aviation and its Annexes signed in Chicago on 7 December 1944.’
’
(1) Not applicable to those commercial standard fuels listed in Table 1 of this Annex used for aviation activities.
(2) Aggregated emissions per third country reported on a country by country basis.

Pending: 32009D0316

January 16, 2026
7.4.2009 EN Official Journal of the European Union L 93/33
(1) Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety in the area of freedom, security and justice. This objective presupposes the systematic exchange between the competent authorities of the Member States of information extracted from criminal records in a way that would guarantee its common understanding and the efficiency of such exchange.
(2) Information on convictions handed down against Member States' nationals by other Member States does not circulate efficiently on the current basis of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. Therefore, there is a need for more efficient and accessible procedures of exchange of such information at European Union level.
(3) The need to improve the exchange of information on convictions was prioritised in the European Council Declaration on Combating Terrorism of 25 and 26 March 2004 and was subsequently reiterated in the Hague Programme(3)and in the Action Plan(4)on its implementation. Furthermore, the computerised interconnection of criminal records at European Union level was recognised as a political priority by the European Council in its Conclusions of 21 and 22 June 2007.
(4) The computerised interconnection of criminal records is part of the E-Justice project, which was acknowledged as a priority by the European Council several times in 2007.
(5) A pilot project is currently being developed with a view to interconnecting criminal records. Its achievements constitute a valuable basis for further work on computerised exchange of information at the European Union level.
(6) This Decision aims to implement Framework Decision 2009/315/JHA in order to build and develop a computerised system of exchange of information on convictions between Member States. Such a system should be capable of communicating information on convictions in a form which is easily understandable. Therefore, a standardised format allowing information to be exchanged in a uniform, electronic and easily computer-translatable way as well as any other means of organising and facilitating electronic exchanges of information on convictions between central authorities of Member States should be set up.
(7) This Decision is based on the principles established by Framework Decision 2009/315/JHA and applies and supplements those principles from a technical standpoint.
(8) The categories of data to be entered into the system, the purposes for which the data is to be entered, the criteria for its entry, the authorities permitted to access the data, and some specific rules on protection of personal data are defined in the Framework Decision 2009/315/JHA.
(9) Neither this Decision nor Framework Decision 2009/315/JHA establishes any obligation to exchange information about non-criminal rulings.
(10) Since the objective of this Decision is not to harmonise national systems of criminal records there is no obligation for a convicting Member State to change its internal system of criminal records as regards the use of information for domestic purposes.
(11) The European Criminal Records System (ECRIS) is a decentralised information technology system. The criminal records data should be stored solely in databases operated by Member States, and there should be no direct online access to criminal records databases of other Member States. Member States should bear the responsibility for the operation of national criminal records databases and for the efficient exchanges of information between themselves. The common communication infrastructure of ECRIS should be initially the Trans European Services for Telematics between Administrations (S-TESTA) network. All expenditure concerning the common communication infrastructure should be covered by the general budget of the European Union.
(12) The reference tables of categories of offences and categories of penalties and measures provided for in this Decision should facilitate the automatic translation and should enable the mutual understanding of the information transmitted by using a system of codes. The content of the tables is the result of the analysis of the needs of all 27 Member States. That analysis took into account the pilot project categorisation and the results of the clustering exercise of various national offences and penalties and measures. Moreover, in case of the table of offences, it also took into consideration the existing harmonised common definitions on the European and international level as well as the Eurojust and Europol data models.
(13) In order to ensure the mutual understanding and transparency of the common categorisation, each Member State should submit the list of national offences and penalties and measures falling in each category referred to in the respective table. Member States may provide a description of offences and penalties and measures and, given the usefulness of such description, they should be encouraged to do so. Such information should be made accessible to Member States.
(14) The reference tables of categories of offences and categories of penalties and measures provided for in this Decision are not designed to set up legal equivalences between offences and penalties and measures existing at national level. They are a tool aimed at helping the recipient to gain better understanding of the fact(s) and type of penalty(ies) or measure(s) contained in the information transmitted. The accuracy of the codes mentioned cannot be fully guaranteed by the Member State supplying the information and it should not preclude the competent authorities in the receiving Member State from interpreting the information.
(15) The reference tables of categories of offences and categories of penalties and measures should be revised and updated in accordance with the procedure for the adoption of implementing measures for decisions provided for in the Treaty on European Union.
(16) Members States and the Commission should inform and consult one another within the Council in accordance with the modalities set out in the Treaty on European Union, with a view to drawing up a non-binding manual for practitioners which should address the procedures governing the exchange of information, in particular modalities of identification of offenders, common understanding of the categories of offences and penalties and measures, and explanation of problematic national offences and penalties and measures, and ensuring the coordination necessary for the development and operation of ECRIS.
(17) In order to accelerate the development of ECRIS, the Commission should adopt a number of technical measures to assist Member States in preparing the technical infrastructure for interconnecting their criminal records databases. The Commission may provide reference implementation software, namely appropriate software enabling Member States to make this interconnection, which they may choose to apply instead of their own interconnection software implementing a common set of protocols enabling the exchange of information between criminal records databases.
(18) Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters(5)should apply in the context of computerised exchange of information extracted from criminal records of Member States, providing for an adequate level of data protection when information is exchanged between Member States, whilst allowing for Member States to require higher standards of protection to national data processing.
(19) Since the objective of this Decision, namely the development of a computerised system for the exchange of information on convictions between Member States, cannot be adequately achieved by the Member States unilaterally, and can therefore, by reason of the necessity for coordinated action in the European Union, be better achieved at the level of the European Union, the Council may adopt measures, in accordance with the principle of subsidiarity referred to in Article 2 of the Treaty on European Union and set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in the Article 5 of the Treaty establishing the European Community, this Decision does not go beyond what is necessary in order to achieve that objective.
(20) This Decision respects fundamental rights and observes the principles recognised in particular by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union,
(a) an interconnection software built in compliance with a common set of protocols enabling the exchange of information between Member States' criminal records databases;
(b) a common communication infrastructure that provides an encrypted network.
(a) the list of national offences in each of the categories referred to in the table of offences in Annex A. The list shall include the name or legal classification of the offence and reference to the applicable legal provisions. It may also include a short description of the constitutive elements of the offence;
(b) the list of types of sentences, possible supplementary penalties and security measures and possible subsequent decisions modifying the enforcement of the sentence as defined in national law, in each of the categories referred to in the table of penalties and measures in Annex B. It may also include a short description of the specific penalty or measure.
(a) drawing up a non-binding manual for practitioners setting out the procedure for the exchange of information through ECRIS, addressing in particular the modalities of identification of offenders, as well as recording the common understanding of the categories of offences and penalties and measures listed respectively in Annexes A and B;
(b) coordinating their action for the development and operation of ECRIS, concerning in particular:(i)the establishment of logging systems and procedures making it possible to monitor the functioning of ECRIS and the establishment of non-personal statistics relating to the exchange through ECRIS of information extracted from criminal records;(ii)the adoption of technical specifications of the exchange, including security requirements, in particular the common set of protocols;(iii)the establishment of procedures verifying the conformity of the national software applications with the technical specifications. (i) the establishment of logging systems and procedures making it possible to monitor the functioning of ECRIS and the establishment of non-personal statistics relating to the exchange through ECRIS of information extracted from criminal records; (ii) the adoption of technical specifications of the exchange, including security requirements, in particular the common set of protocols; (iii) the establishment of procedures verifying the conformity of the national software applications with the technical specifications.
(i) the establishment of logging systems and procedures making it possible to monitor the functioning of ECRIS and the establishment of non-personal statistics relating to the exchange through ECRIS of information extracted from criminal records;
(ii) the adoption of technical specifications of the exchange, including security requirements, in particular the common set of protocols;
(iii) the establishment of procedures verifying the conformity of the national software applications with the technical specifications.
(i) the establishment of logging systems and procedures making it possible to monitor the functioning of ECRIS and the establishment of non-personal statistics relating to the exchange through ECRIS of information extracted from criminal records;
(ii) the adoption of technical specifications of the exchange, including security requirements, in particular the common set of protocols;
(iii) the establishment of procedures verifying the conformity of the national software applications with the technical specifications.
Parameters
Level of completion: Completed act C
Attempt or preparation A
Non-transmitted element Ø
Level of participation: Perpetrator M
Aider and abettor or instigator/organiser, conspirator H
Non-transmitted element Ø
Exemption from criminal responsibility: Insanity or diminished responsibility S
Recidivism R
Code Categories and sub-categories of offences
0100 00open category Crimes within the jurisdiction of the International Criminal Court
0101 00 Genocide
0102 00 Crimes against humanity
0103 00 War crimes
0200 00open category Participation in a criminal organisation
0201 00 Directing a criminal organisation
0202 00 Knowingly taking part in the criminal activities of a criminal organisation
0203 00 Knowingly taking part in the non-criminal activities of a criminal organisation
0300 00open category Terrorism
0301 00 Directing a terrorist group
0302 00 Knowingly participating in the activities of a terrorist group
0303 00 Financing of terrorism
0304 00 Public provocation to commit a terrorist offence
0305 00 Recruitment or training for terrorism
0400 00open category Trafficking in human beings
0401 00 Trafficking in human beings for the purposes of labour or services exploitation
0402 00 Trafficking in human beings for the purposes of the exploitation of the prostitution of others or other forms of sexual exploitation
0403 00 Trafficking in human beings for the purposes of organ or human tissue removal
0404 00 Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude
0405 00 Trafficking in human beings for the purposes of labour or services exploitation of a minor
0406 00 Trafficking in human beings for the purposes of the exploitation of the prostitution of minors or other forms of their sexual exploitation
0407 00 Trafficking in human beings for the purposes of organ or human tissue removal of a minor
0408 00 Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude of a minor
0500 00open category Illicit trafficking(1)and other offences related to weapons, firearms, their parts and components, ammunition and explosives
0501 00 Illicit manufacturing of weapons, firearms, their parts and components, ammunition and explosives
0502 00 Illicit trafficking of weapons, firearms, their parts and components ammunition and explosives at national level(2)
0503 00 Illicit exportation or importation of weapons, firearms, their parts and components, ammunition and explosives
0504 00 Unauthorised possession or use of weapons, firearms, their parts and components, ammunition and explosives
0600 00open category Environmental crime
0601 00 Destroying or damaging protected fauna and flora species
0602 00 Unlawful discharges of polluting substances or ionising radiation into air, soil or water
0603 00 Offences related to waste, including hazardous waste
0604 00 Offences related to illicit trafficking(1)in protected fauna and flora species or parts thereof
0605 00 Unintentional environmental offences
0700 00open category Offences related to drugs or precursors, and other offences against public health
0701 00 Offences related to illicit trafficking(3)in narcotic drugs, psychotropic substances and precursors not exclusively for own personal consumption
0702 00 Illicit consumption of drugs and their acquisition, possession, manufacture or production exclusively for own personal consumption
0703 00 Aiding or inciting others to use narcotic drugs or psychotropic substances illicitly
0704 00 Manufacture or production of narcotic drugs not exclusively for personal consumption
0800 00open category Crimes against the person
0801 00 Intentional killing
0802 00 Aggravated cases of intentional killing(4)
0803 00 Unintentional killing
0804 00 Intentional killing of a new-born by his/her mother
0805 00 Illegal abortion
0806 00 Illegal euthanasia
0807 00 Offences related to committing suicide
0808 00 Violence causing death
0809 00 Causing grievous bodily injury, disfigurement or permanent disability
0810 00 Unintentionally causing grievous bodily injury, disfigurement or permanent disability
0811 00 Causing minor bodily injury
0812 00 Unintentionally causing minor bodily injury
0813 00 Exposing to danger of loss of life or grievous bodily injury
0814 00 Torture
0815 00 Failure to offer aid or assistance
0816 00 Offences related to organ or tissue removal without authorisation or consent
0817 00 Offences related to illicit trafficking(3)in human organs and tissue
0818 00 Domestic violence or threat
0900 00open category Offences against personal liberty, dignity and other protected interests, including racism and xenophobia
0901 00 Kidnapping, kidnapping for ransom, illegal restraint
0902 00 Unlawful arrest or deprivation of liberty by public authority
0903 00 Hostage-taking
0904 00 Unlawful seizure of an aircraft or ship
0905 00 Insults, slander, defamation, contempt
0906 00 Threats
0907 00 Duress, pressure, stalking, harassment or aggression of a psychological or emotional nature
0908 00 Extortion
0909 00 Aggravated extortion
0910 00 Illegal entry into private property
0911 00 Invasion of privacy other than illegal entry into private property
0912 00 Offences against protection of personal data
0913 00 Illegal interception of data or communication
0914 00 Discrimination on grounds of gender, race, sexual orientation, religion or ethnic origin
0915 00 Public incitement to racial discrimination
0916 00 Public incitement to racial hatred
0917 00 Blackmail
1000 00open category Sexual offences
1001 00 Rape
1002 00 Aggravated rape(5)other than rape of a minor
1003 00 Sexual assault
1004 00 Procuring for prostitution or sexual act
1005 00 Indecent exposure
1006 00 Sexual harassment
1007 00 Soliciting by a prostitute
1008 00 Sexual exploitation of children
1009 00 Offences related to child pornography or indecent images of minors
1010 00 Rape of a minor
1011 00 Sexual assault of a minor
1100 00open category Offences against family law
1101 00 Illicit sexual relations between close family members
1102 00 Polygamy
1103 00 Evading the alimony or maintenance obligation
1104 00 Neglect or desertion of a minor or a disabled person
1105 00 Failure to comply with an order to produce a minor or removal of a minor
1200 00open category Offences against the State, public order, course of justice or public officials
1201 00 Espionage
1202 00 High treason
1203 00 Offences related to elections and referendum
1204 00 Attempt against life or health of the Head of State
1205 00 Insult of the State, Nation or State symbols
1206 00 Insult or resistance to a representative of public authority
1207 00 Extortion, duress, pressure towards a representative of public authority
1208 00 Assault or threat on a representative of public authority
1209 00 Public order offences, breach of the public peace
1210 00 Violence during sports events
1211 00 Theft of public or administrative documents
1212 00 Obstructing or perverting the course of justice, making false allegations in the course of criminal or judicial proceedings, perjury
1213 00 Unlawful impersonation of a person or an authority
1214 00 Escape from lawful custody
1300 00open category Offences against public property or public interests
1301 00 Public, social security or family benefit fraud
1302 00 Fraud affecting European benefits or allowances
1303 00 Offences related to illegal gambling
1304 00 Obstructing of public tender procedures
1305 00 Active or passive corruption of a civil servant, a person holding public office or public authority
1306 00 Embezzlement, misappropriation or other diversion of property by a public official
1307 00 Abuse of a function by a public official
1400 00open category Tax and customs offences
1401 00 Tax offences
1402 00 Customs offences
1500 00open category Economic and trade related offences
1501 00 Bankruptcy or fraudulent insolvency
1502 00 Breach of accounting regulation, embezzlement, concealment of assets or unlawful increase in a company’s liabilities
1503 00 Violation of competition rules
1504 00 Laundering of proceeds from crime
1505 00 Active or passive corruption in the private sector
1506 00 Revealing a secret or breaching an obligation of secrecy
1507 00 ‘Insider trading’
1600 00open category Offences against property or causing damage to goods
1601 00 Unlawful appropriation
1602 00 Unlawful appropriation or diversion of energy
1603 00 Fraud, including swindling
1604 00 Dealing in stolen goods
1605 00 Illicit trafficking(6)in cultural goods, including antiques and works of art
1606 00 Intentional damage or destruction of property
1607 00 Unintentional damage or destruction of property
1608 00 Sabotage
1609 00 Offences against industrial or intellectual property
1610 00 Arson
1611 00 Arson causing death or injury to persons
1612 00 Forest arson
1700 00open category Theft offences
1701 00 Theft
1702 00 Theft after unlawful entry into property
1703 00 Theft, using violence or weapons, or using threat of violence or weapons against person
1704 00 Forms of aggravated theft which do not involve use of violence or weapons, or use of threat of violence or weapons, against persons.
1800 00open category Offences against information systems and other computer-related crime
1801 00 Illegal access to information systems
1802 00 Illegal system interference
1803 00 Illegal data interference
1804 00 Production, possession, dissemination of or trafficking in computer devices or data enabling commitment of computer-related offences
1900 00open category Forgery of means of payment
1901 00 Counterfeiting or forging currency, including the euro
1902 00 Counterfeiting of non-cash means of payment
1903 00 Counterfeiting or forging public fiduciary documents
1904 00 Putting into circulation/using counterfeited or forged currency, non-cash means of payment or public fiduciary documents
1905 00 Possession of a device for the counterfeiting or forgery of currency or public fiduciary documents
2000 00open category Falsification of documents
2001 00 Falsification of a public or administrative document by a private individual
2002 00 Falsification of a document by a civil servant or a public authority
2003 00 Supply or acquisition of a forged public or administrative document; supply or acquisition of a forged document by a civil servant or a public authority
2004 00 Using forged public or administrative documents
2005 00 Possession of a device for the falsification of public or administrative documents
2006 00 Forgery of private documents by a private individual
2100 00open category Offences against traffic regulations
2101 00 Dangerous driving
2102 00 Driving under the influence of alcohol or narcotic drugs
2103 00 Driving without a licence or while disqualified
2104 00 Failure to stop after a road accident
2105 00 Avoiding a road check
2106 00 Offences related to road transport
2200 00open category Offences against labour law
2201 00 Unlawful employment
2202 00 Offences relating to remuneration, including social security contributions
2203 00 Offences relating to working conditions, health and safety at work
2204 00 Offences relating to access to or exercise of a professional activity
2205 00 Offences relating to working hours and rest time
2300 00open category Offences against migration law
2301 00 Unauthorised entry or residence
2302 00 Facilitation of unauthorised entry and residence
2400 00open category Offences against military obligations
2500 00open category Offences related to hormonal substances and other growth promoters
2501 00 Illicit importation, exportation or supply of hormonal substances and other grown promoters
2600 00open category Offences related to nuclear materials or other hazardous radioactive substances
2601 00 Illicit importation, exportation, supply or acquisition of nuclear or radioactive materials
2700 00open category Other offences
2701 00 Other intentional offences
2702 00 Other unintentional offences
Code Categories and sub-categories of offences
1000open category Deprivation of freedom
1001 Imprisonment
1002 Life imprisonment
2000open category Restriction of personal freedom
2001 Prohibition from frequenting some places
2002 Restriction to travel abroad
2003 Prohibition to stay in some places
2004 Prohibition from entry to a mass event
2005 Prohibition to enter in contact with certain persons through whatever means
2006 Placement under electronic surveillance(1)
2007 Obligation to report at specified times to a specific authority
2008 Obligation to stay/reside in a certain place
2009 Obligation to be at the place of residence on the set time
2010 Obligation to comply with the probation measures ordered by the court, including the obligation to remain under supervision
3000open category Prohibition of a specific right or capacity
3001 Disqualification from function
3002 Loss/suspension of capacity to hold or to be appointed to public office
3003 Loss/suspension of the right to vote or to be elected
3004 Incapacity to contract with public administration
3005 Ineligibility to obtain public subsidies
3006 Cancellation of the driving licence(2)
3007 Suspension of driving licence
3008 Prohibition to drive certain vehicles
3009 Loss/suspension of the parental authority
3010 Loss/suspension of right to be an expert in court proceedings/witness under oath/juror
3011 Loss/suspension of right to be a legal guardian(3)
3012 Loss/suspension of right of decoration or title
3013 Prohibition to exercise professional, commercial or social activity
3014 Prohibition from working or activity with minors
3015 Obligation to close an establishment
3016 Prohibition to hold or to carry weapons
3017 Withdrawal of a hunting/fishing license
3018 Prohibition to issue cheques or to use payment/credit cards
3019 Prohibition to keep animals
3020 Prohibition to possess or use certain items other than weapons
3021 Prohibition to play certain games/sports
4000open category Prohibition or expulsion from territory
4001 Prohibition from national territory
4002 Expulsion from national territory
5000open category Personal obligation
5001 Submission to medical treatment or other forms of therapy
5002 Submission to a social-educational programme
5003 Obligation to be under the care/control of the family
5004 Educational measures
5005 Socio-judicial probation
5006 Obligation of training/working
5007 Obligation to provide judicial authorities with specific information
5008 Obligation to publish the judgment
5009 Obligation to compensate for the prejudice caused by the offence
6000open category Penalty on personal property
6001 Confiscation
6002 Demolition
6003 Restoration
7000open category Placing in an institution
7001 Placing in a psychiatric institution
7002 Placing in a detoxification institution
7003 Placing in an educational institution
8000open category Financial penalty
8001 Fine
8002 Day-fine(4)
8003 Fine for the benefit of a special recipient(5)
9000open category Working penalty
9001 Community service or work
9002 Community service or work accompanied with other restrictive measures
10000open category Military penalty
10001 Loss of military rank(6)
10002 Expulsion from professional military service
10003 Military imprisonment
11000open category Exemption/deferment of sentence/penalty, warning
12000open category Other penalties and measures
Parameters (to be specified where applicable)
ø Penalty
m Measure
a Suspended penalty/measure
b Partially suspended penalty/measure
c Suspended penalty/measure with probation/supervision
d Partially suspended penalty/measure with probation/supervision
e Conversion of penalty/measure
f Alternative penalty/measure imposed as principal penalty
g Alternative penalty/measure imposed initially in case of non-respect of the principal penalty
h Revocation of suspended penalty/measure
i Subsequent formation of an overall penalty
j Interruption of enforcement/postponement of the penalty/measure(7)
k Remission of the penalty
l Remission of the suspended penalty
n End of penalty
o Pardon
p Amnesty
q Release on parole (liberation of a person before end of the sentence under certain conditions)
r Rehabilitation (with or without the deletion of penalty from criminal records)
s Penalty or measure specific to minors
t Non-criminal ruling(8)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 31 and 34(2)(c) thereof,
Having regard to the Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States(1), and in particular Article 11(4) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(2),
(1) Article 29 of the Treaty on European Union states that the Union’s objective is to provide citizens with a high level of safety in the area of freedom, security and justice. This objective presupposes the systematic exchange between the competent authorities of the Member States of information extracted from criminal records in a way that would guarantee its common understanding and the efficiency of such exchange.
(2) Information on convictions handed down against Member States’ nationals by other Member States does not circulate efficiently on the current basis of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. Therefore, there is a need for more efficient and accessible procedures of exchange of such information at European Union level.
(3) The need to improve the exchange of information on convictions was prioritised in the European Council Declaration on Combating Terrorism of 25 and 26 March 2004 and was subsequently reiterated in the Hague Programme(3)and in the Action Plan(4)on its implementation. Furthermore, the computerised interconnection of criminal records at European Union level was recognised as a political priority by the European Council in its Conclusions of 21 and 22 June 2007.
(4) The computerised interconnection of criminal records is part of the E-Justice project, which was acknowledged as a priority by the European Council several times in 2007.
(5) A pilot project is currently being developed with a view to interconnecting criminal records. Its achievements constitute a valuable basis for further work on computerised exchange of information at the European Union level.
(6) This Decision aims to implement Framework Decision 2009/315/JHA in order to build and develop a computerised system of exchange of information on convictions between Member States. Such a system should be capable of communicating information on convictions in a form which is easily understandable. Therefore, a standardised format allowing information to be exchanged in a uniform, electronic and easily computer-translatable way as well as any other means of organising and facilitating electronic exchanges of information on convictions between central authorities of Member States should be set up.
(7) This Decision is based on the principles established by Framework Decision 2009/315/JHA and applies and supplements those principles from a technical standpoint.
(8) The categories of data to be entered into the system, the purposes for which the data is to be entered, the criteria for its entry, the authorities permitted to access the data, and some specific rules on protection of personal data are defined in the Framework Decision 2009/315/JHA.
(9) Neither this Decision nor Framework Decision 2009/315/JHA establishes any obligation to exchange information about non-criminal rulings.
(10) Since the objective of this Decision is not to harmonise national systems of criminal records there is no obligation for a convicting Member State to change its internal system of criminal records as regards the use of information for domestic purposes.
(11) The European Criminal Records System (ECRIS) is a decentralised information technology system. The criminal records data should be stored solely in databases operated by Member States, and there should be no direct online access to criminal records databases of other Member States. Member States should bear the responsibility for the operation of national criminal records databases and for the efficient exchanges of information between themselves. The common communication infrastructure of ECRIS should be initially the Trans European Services for Telematics between Administrations (S-TESTA) network. All expenditure concerning the common communication infrastructure should be covered by the general budget of the European Union.
(12) The reference tables of categories of offences and categories of penalties and measures provided for in this Decision should facilitate the automatic translation and should enable the mutual understanding of the information transmitted by using a system of codes. The content of the tables is the result of the analysis of the needs of all 27 Member States. That analysis took into account the pilot project categorisation and the results of the clustering exercise of various national offences and penalties and measures. Moreover, in case of the table of offences, it also took into consideration the existing harmonised common definitions on the European and international level as well as the Eurojust and Europol data models.
(13) In order to ensure the mutual understanding and transparency of the common categorisation, each Member State should submit the list of national offences and penalties and measures falling in each category referred to in the respective table. Member States may provide a description of offences and penalties and measures and, given the usefulness of such description, they should be encouraged to do so. Such information should be made accessible to Member States.
(14) The reference tables of categories of offences and categories of penalties and measures provided for in this Decision are not designed to set up legal equivalences between offences and penalties and measures existing at national level. They are a tool aimed at helping the recipient to gain better understanding of the fact(s) and type of penalty(ies) or measure(s) contained in the information transmitted. The accuracy of the codes mentioned cannot be fully guaranteed by the Member State supplying the information and it should not preclude the competent authorities in the receiving Member State from interpreting the information.
(15) The reference tables of categories of offences and categories of penalties and measures should be revised and updated in accordance with the procedure for the adoption of implementing measures for decisions provided for in the Treaty on European Union.
(16) Members States and the Commission should inform and consult one another within the Council in accordance with the modalities set out in the Treaty on European Union, with a view to drawing up a non-binding manual for practitioners which should address the procedures governing the exchange of information, in particular modalities of identification of offenders, common understanding of the categories of offences and penalties and measures, and explanation of problematic national offences and penalties and measures, and ensuring the coordination necessary for the development and operation of ECRIS.
(17) In order to accelerate the development of ECRIS, the Commission should adopt a number of technical measures to assist Member States in preparing the technical infrastructure for interconnecting their criminal records databases. The Commission may provide reference implementation software, namely appropriate software enabling Member States to make this interconnection, which they may choose to apply instead of their own interconnection software implementing a common set of protocols enabling the exchange of information between criminal records databases.
(18) Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters(5)should apply in the context of computerised exchange of information extracted from criminal records of Member States, providing for an adequate level of data protection when information is exchanged between Member States, whilst allowing for Member States to require higher standards of protection to national data processing.
(19) Since the objective of this Decision, namely the development of a computerised system for the exchange of information on convictions between Member States, cannot be adequately achieved by the Member States unilaterally, and can therefore, by reason of the necessity for coordinated action in the European Union, be better achieved at the level of the European Union, the Council may adopt measures, in accordance with the principle of subsidiarity referred to in Article 2 of the Treaty on European Union and set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in the Article 5 of the Treaty establishing the European Community, this Decision does not go beyond what is necessary in order to achieve that objective.
(20) This Decision respects fundamental rights and observes the principles recognised in particular by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union,
HAS DECIDED AS FOLLOWS:

Subject matter
Article 1
This Decision establishes the European Criminal Records Information System (ECRIS).
This Decision also establishes the elements of a standardised format for the electronic exchange of information extracted from criminal records between the Member States, in particular as regards information on the offence giving rise to the conviction and information on the content of the conviction, as well as other general and technical implementation means related to organising and facilitating the exchange of information.

Definitions
Article 2
For the purposes of this Decision, the definitions laid down in Framework Decision 2009/315/JHA shall apply.

European Criminal Records Information System (ECRIS)
Article 3
1. ECRIS is a decentralised information technology system based on the criminal records databases in each Member State. It is composed of the following elements:
(a)
an interconnection software built in compliance with a common set of protocols enabling the exchange of information between Member States’ criminal records databases;
(b)
a common communication infrastructure that provides an encrypted network.
2. This Decision is not aimed at establishing any centralised criminal records database. All criminal records data shall be stored solely in databases operated by the Member States.
3. Central authorities of the Member States referred to in Article 3 of Framework Decision 2009/315/JHA shall not have direct online access to criminal records databases of other Member States. The best available techniques identified together by Member States with the support of the Commission shall be employed to ensure the confidentiality and integrity of criminal records information transmitted to other Member States.
4. The interconnection software and databases storing, sending and receiving information extracted from criminal records shall operate under the responsibility of the Member State concerned.
5. The common communication infrastructure shall be the S-TESTA communications network. Any further developments thereof or any alternative secure network shall ensure that the common communication infrastructure in place continues to meet the conditions set out in paragraph 6.
6. The common communication infrastructure shall be operated under the responsibility of the Commission, and shall fulfil the security requirements and thoroughly respond to the needs of ECRIS.
7. In order to ensure the efficient operation of ECRIS, the Commission shall provide general support and technical assistance, including the collection and drawing up of statistics referred to in Article 6(2)(b)(i) and the reference implementation software.
8. Notwithstanding the possibility of using the European Union financial programmes in accordance with the applicable rules, each Member State shall bear its own costs arising from the implementation, administration, use and maintenance of its criminal records database and the interconnection software referred to in paragraph 1.
The Commission shall bear the costs arising from the implementation, administration, use, maintenance and future developments of the common communication infrastructure of ECRIS, as well as the implementation and future developments of the reference implementation software.

Format of transmission of information
Article 4
1. When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the name or legal classification of the offence and to the applicable legal provisions, Member States shall refer to the corresponding code for each of the offences referred to in the transmission, as provided for in the table of offences in Annex A. By way of exception, where the offence does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of offences or, in the absence of the latter, an ‘other offences’ code, shall be used for that particular offence.
Member States may also provide available information relating to the level of completion and the level of participation in the offence and, where applicable, to the existence of total or partial exemption from criminal responsibility or to recidivism.
2. When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the contents of the conviction, notably the sentence as well as any supplementary penalties, security measures and subsequent decisions modifying the enforcement of the sentence, Member States shall refer to the corresponding code for each of the penalties and measures referred to in the transmission, as provided for in the table of penalties and measures in Annex B. By way of exception, where the penalty or measure does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of penalties and measures or, in the absence of the latter, an ‘other penalties and measures’ code, shall be used for that particular penalty or measure.
Member States shall also provide, where applicable, available information relating to the nature and/or conditions of execution of the penalty or measure imposed as provided for in the parameters of Annex B. The parameter ‘non-criminal ruling’ shall be indicated only in cases where information on such a ruling is provided on a voluntary basis by the Member State of nationality of the person concerned, when replying to a request for information on convictions.

Information on national offences and penalties and measures
Article 5
1. The following information shall be provided by the Member States to the General Secretariat of the Council, with a view in particular to drawing up the non-binding manual for practitioners referred to in Article 6(2)(a):
(a)
the list of national offences in each of the categories referred to in the table of offences in Annex A. The list shall include the name or legal classification of the offence and reference to the applicable legal provisions. It may also include a short description of the constitutive elements of the offence;
(b)
the list of types of sentences, possible supplementary penalties and security measures and possible subsequent decisions modifying the enforcement of the sentence as defined in national law, in each of the categories referred to in the table of penalties and measures in Annex B. It may also include a short description of the specific penalty or measure.
2. The lists and descriptions referred to in paragraph 1 shall be regularly updated by Member States. Updated information shall be sent to the General Secretariat of the Council.
3. The General Secretariat of the Council shall communicate to the Member States and to the Commission the information received pursuant to this Article.

Implementing measures
Article 6
1. The Council, acting by a qualified majority and after consulting the European Parliament, shall adopt any modifications of Annexes A and B as may be necessary.
2. The representatives of the relevant departments of the administrations of the Member States and the Commission shall inform and consult one another within the Council with a view to:
(a)
drawing up a non-binding manual for practitioners setting out the procedure for the exchange of information through ECRIS, addressing in particular the modalities of identification of offenders, as well as recording the common understanding of the categories of offences and penalties and measures listed respectively in Annexes A and B;
(b)
coordinating their action for the development and operation of ECRIS, concerning in particular:
(i)
the establishment of logging systems and procedures making it possible to monitor the functioning of ECRIS and the establishment of non-personal statistics relating to the exchange through ECRIS of information extracted from criminal records;
(ii)
the adoption of technical specifications of the exchange, including security requirements, in particular the common set of protocols;
(iii)
the establishment of procedures verifying the conformity of the national software applications with the technical specifications.

Report
Article 7
The Commission services shall regularly publish a report concerning the exchange, through ECRIS, of information extracted from the criminal record based in particular on the statistics referred to in Article 6(2)(b)(i). This report shall be published for the first time one year after submitting the report referred to in Article 13(3) of Framework Decision 2009/315/JHA.

Implementation and time limits
Article 8
1. Member States shall take the necessary measures to comply with the provisions of this Decision by 7 April 2012.
2. Member States shall use the format specified in Article 4 and comply with the means of organising and facilitating exchanges of information laid down in this Decision from the date notified in accordance with Article 11(6) of Framework Decision 2009/315/JHA.

Taking of effect
Article 9
This Decision shall take effect on the day of its publication in theOfficial Journal of the European Union.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 31 and 34(2)(c) thereof,
Having regard to the Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States(1), and in particular Article 11(4) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(2),
(1) Article 29 of the Treaty on European Union states that the Union’s objective is to provide citizens with a high level of safety in the area of freedom, security and justice. This objective presupposes the systematic exchange between the competent authorities of the Member States of information extracted from criminal records in a way that would guarantee its common understanding and the efficiency of such exchange.
(2) Information on convictions handed down against Member States’ nationals by other Member States does not circulate efficiently on the current basis of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. Therefore, there is a need for more efficient and accessible procedures of exchange of such information at European Union level.
(3) The need to improve the exchange of information on convictions was prioritised in the European Council Declaration on Combating Terrorism of 25 and 26 March 2004 and was subsequently reiterated in the Hague Programme(3)and in the Action Plan(4)on its implementation. Furthermore, the computerised interconnection of criminal records at European Union level was recognised as a political priority by the European Council in its Conclusions of 21 and 22 June 2007.
(4) The computerised interconnection of criminal records is part of the E-Justice project, which was acknowledged as a priority by the European Council several times in 2007.
(5) A pilot project is currently being developed with a view to interconnecting criminal records. Its achievements constitute a valuable basis for further work on computerised exchange of information at the European Union level.
(6) This Decision aims to implement Framework Decision 2009/315/JHA in order to build and develop a computerised system of exchange of information on convictions between Member States. Such a system should be capable of communicating information on convictions in a form which is easily understandable. Therefore, a standardised format allowing information to be exchanged in a uniform, electronic and easily computer-translatable way as well as any other means of organising and facilitating electronic exchanges of information on convictions between central authorities of Member States should be set up.
(7) This Decision is based on the principles established by Framework Decision 2009/315/JHA and applies and supplements those principles from a technical standpoint.
(8) The categories of data to be entered into the system, the purposes for which the data is to be entered, the criteria for its entry, the authorities permitted to access the data, and some specific rules on protection of personal data are defined in the Framework Decision 2009/315/JHA.
(9) Neither this Decision nor Framework Decision 2009/315/JHA establishes any obligation to exchange information about non-criminal rulings.
(10) Since the objective of this Decision is not to harmonise national systems of criminal records there is no obligation for a convicting Member State to change its internal system of criminal records as regards the use of information for domestic purposes.
(11) The European Criminal Records System (ECRIS) is a decentralised information technology system. The criminal records data should be stored solely in databases operated by Member States, and there should be no direct online access to criminal records databases of other Member States. Member States should bear the responsibility for the operation of national criminal records databases and for the efficient exchanges of information between themselves. The common communication infrastructure of ECRIS should be initially the Trans European Services for Telematics between Administrations (S-TESTA) network. All expenditure concerning the common communication infrastructure should be covered by the general budget of the European Union.
(12) The reference tables of categories of offences and categories of penalties and measures provided for in this Decision should facilitate the automatic translation and should enable the mutual understanding of the information transmitted by using a system of codes. The content of the tables is the result of the analysis of the needs of all 27 Member States. That analysis took into account the pilot project categorisation and the results of the clustering exercise of various national offences and penalties and measures. Moreover, in case of the table of offences, it also took into consideration the existing harmonised common definitions on the European and international level as well as the Eurojust and Europol data models.
(13) In order to ensure the mutual understanding and transparency of the common categorisation, each Member State should submit the list of national offences and penalties and measures falling in each category referred to in the respective table. Member States may provide a description of offences and penalties and measures and, given the usefulness of such description, they should be encouraged to do so. Such information should be made accessible to Member States.
(14) The reference tables of categories of offences and categories of penalties and measures provided for in this Decision are not designed to set up legal equivalences between offences and penalties and measures existing at national level. They are a tool aimed at helping the recipient to gain better understanding of the fact(s) and type of penalty(ies) or measure(s) contained in the information transmitted. The accuracy of the codes mentioned cannot be fully guaranteed by the Member State supplying the information and it should not preclude the competent authorities in the receiving Member State from interpreting the information.
(15) The reference tables of categories of offences and categories of penalties and measures should be revised and updated in accordance with the procedure for the adoption of implementing measures for decisions provided for in the Treaty on European Union.
(16) Members States and the Commission should inform and consult one another within the Council in accordance with the modalities set out in the Treaty on European Union, with a view to drawing up a non-binding manual for practitioners which should address the procedures governing the exchange of information, in particular modalities of identification of offenders, common understanding of the categories of offences and penalties and measures, and explanation of problematic national offences and penalties and measures, and ensuring the coordination necessary for the development and operation of ECRIS.
(17) In order to accelerate the development of ECRIS, the Commission should adopt a number of technical measures to assist Member States in preparing the technical infrastructure for interconnecting their criminal records databases. The Commission may provide reference implementation software, namely appropriate software enabling Member States to make this interconnection, which they may choose to apply instead of their own interconnection software implementing a common set of protocols enabling the exchange of information between criminal records databases.
(18) Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters(5)should apply in the context of computerised exchange of information extracted from criminal records of Member States, providing for an adequate level of data protection when information is exchanged between Member States, whilst allowing for Member States to require higher standards of protection to national data processing.
(19) Since the objective of this Decision, namely the development of a computerised system for the exchange of information on convictions between Member States, cannot be adequately achieved by the Member States unilaterally, and can therefore, by reason of the necessity for coordinated action in the European Union, be better achieved at the level of the European Union, the Council may adopt measures, in accordance with the principle of subsidiarity referred to in Article 2 of the Treaty on European Union and set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in the Article 5 of the Treaty establishing the European Community, this Decision does not go beyond what is necessary in order to achieve that objective.
(20) This Decision respects fundamental rights and observes the principles recognised in particular by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union,
HAS DECIDED AS FOLLOWS:

Subject matter

This Decision establishes the European Criminal Records Information System (ECRIS).
This Decision also establishes the elements of a standardised format for the electronic exchange of information extracted from criminal records between the Member States, in particular as regards information on the offence giving rise to the conviction and information on the content of the conviction, as well as other general and technical implementation means related to organising and facilitating the exchange of information.

Definitions

For the purposes of this Decision, the definitions laid down in Framework Decision 2009/315/JHA shall apply.

European Criminal Records Information System (ECRIS)

1. ECRIS is a decentralised information technology system based on the criminal records databases in each Member State. It is composed of the following elements:
(a)
an interconnection software built in compliance with a common set of protocols enabling the exchange of information between Member States’ criminal records databases;
(b)
a common communication infrastructure that provides an encrypted network.
2. This Decision is not aimed at establishing any centralised criminal records database. All criminal records data shall be stored solely in databases operated by the Member States.
3. Central authorities of the Member States referred to in Article 3 of Framework Decision 2009/315/JHA shall not have direct online access to criminal records databases of other Member States. The best available techniques identified together by Member States with the support of the Commission shall be employed to ensure the confidentiality and integrity of criminal records information transmitted to other Member States.
4. The interconnection software and databases storing, sending and receiving information extracted from criminal records shall operate under the responsibility of the Member State concerned.
5. The common communication infrastructure shall be the S-TESTA communications network. Any further developments thereof or any alternative secure network shall ensure that the common communication infrastructure in place continues to meet the conditions set out in paragraph 6.
6. The common communication infrastructure shall be operated under the responsibility of the Commission, and shall fulfil the security requirements and thoroughly respond to the needs of ECRIS.
7. In order to ensure the efficient operation of ECRIS, the Commission shall provide general support and technical assistance, including the collection and drawing up of statistics referred to in Article 6(2)(b)(i) and the reference implementation software.
8. Notwithstanding the possibility of using the European Union financial programmes in accordance with the applicable rules, each Member State shall bear its own costs arising from the implementation, administration, use and maintenance of its criminal records database and the interconnection software referred to in paragraph 1.
The Commission shall bear the costs arising from the implementation, administration, use, maintenance and future developments of the common communication infrastructure of ECRIS, as well as the implementation and future developments of the reference implementation software.

Format of transmission of information

1. When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the name or legal classification of the offence and to the applicable legal provisions, Member States shall refer to the corresponding code for each of the offences referred to in the transmission, as provided for in the table of offences in Annex A. By way of exception, where the offence does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of offences or, in the absence of the latter, an ‘other offences’ code, shall be used for that particular offence.
Member States may also provide available information relating to the level of completion and the level of participation in the offence and, where applicable, to the existence of total or partial exemption from criminal responsibility or to recidivism.
2. When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the contents of the conviction, notably the sentence as well as any supplementary penalties, security measures and subsequent decisions modifying the enforcement of the sentence, Member States shall refer to the corresponding code for each of the penalties and measures referred to in the transmission, as provided for in the table of penalties and measures in Annex B. By way of exception, where the penalty or measure does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of penalties and measures or, in the absence of the latter, an ‘other penalties and measures’ code, shall be used for that particular penalty or measure.
Member States shall also provide, where applicable, available information relating to the nature and/or conditions of execution of the penalty or measure imposed as provided for in the parameters of Annex B. The parameter ‘non-criminal ruling’ shall be indicated only in cases where information on such a ruling is provided on a voluntary basis by the Member State of nationality of the person concerned, when replying to a request for information on convictions.

Information on national offences and penalties and measures

1. The following information shall be provided by the Member States to the General Secretariat of the Council, with a view in particular to drawing up the non-binding manual for practitioners referred to in Article 6(2)(a):
(a)
the list of national offences in each of the categories referred to in the table of offences in Annex A. The list shall include the name or legal classification of the offence and reference to the applicable legal provisions. It may also include a short description of the constitutive elements of the offence;
(b)
the list of types of sentences, possible supplementary penalties and security measures and possible subsequent decisions modifying the enforcement of the sentence as defined in national law, in each of the categories referred to in the table of penalties and measures in Annex B. It may also include a short description of the specific penalty or measure.
2. The lists and descriptions referred to in paragraph 1 shall be regularly updated by Member States. Updated information shall be sent to the General Secretariat of the Council.
3. The General Secretariat of the Council shall communicate to the Member States and to the Commission the information received pursuant to this Article.

Implementing measures

1. The Council, acting by a qualified majority and after consulting the European Parliament, shall adopt any modifications of Annexes A and B as may be necessary.
2. The representatives of the relevant departments of the administrations of the Member States and the Commission shall inform and consult one another within the Council with a view to:
(a)
drawing up a non-binding manual for practitioners setting out the procedure for the exchange of information through ECRIS, addressing in particular the modalities of identification of offenders, as well as recording the common understanding of the categories of offences and penalties and measures listed respectively in Annexes A and B;
(b)
coordinating their action for the development and operation of ECRIS, concerning in particular:
(i)
the establishment of logging systems and procedures making it possible to monitor the functioning of ECRIS and the establishment of non-personal statistics relating to the exchange through ECRIS of information extracted from criminal records;
(ii)
the adoption of technical specifications of the exchange, including security requirements, in particular the common set of protocols;
(iii)
the establishment of procedures verifying the conformity of the national software applications with the technical specifications.

Report

The Commission services shall regularly publish a report concerning the exchange, through ECRIS, of information extracted from the criminal record based in particular on the statistics referred to in Article 6(2)(b)(i). This report shall be published for the first time one year after submitting the report referred to in Article 13(3) of Framework Decision 2009/315/JHA.

Implementation and time limits

1. Member States shall take the necessary measures to comply with the provisions of this Decision by 7 April 2012.
2. Member States shall use the format specified in Article 4 and comply with the means of organising and facilitating exchanges of information laid down in this Decision from the date notified in accordance with Article 11(6) of Framework Decision 2009/315/JHA.

Taking of effect

This Decision shall take effect on the day of its publication in theOfficial Journal of the European Union.
ANNEX A
Common table of offences categories referred to in Article 4

Parameters
Level of completion: | Completed act | C
Attempt or preparation | A
Non-transmitted element | Ø
Level of participation: | Perpetrator | M
Aider and abettor or instigator/organiser, conspirator | H
Non-transmitted element | Ø
Exemption from criminal responsibility: | Insanity or diminished responsibility | S
Recidivism | R

Code | Categories and sub-categories of offences
0100 00open category | Crimes within the jurisdiction of the International Criminal Court
0101 00 | Genocide
0102 00 | Crimes against humanity
0103 00 | War crimes
0200 00open category | Participation in a criminal organisation
0201 00 | Directing a criminal organisation
0202 00 | Knowingly taking part in the criminal activities of a criminal organisation
0203 00 | Knowingly taking part in the non-criminal activities of a criminal organisation
0300 00open category | Terrorism
0301 00 | Directing a terrorist group
0302 00 | Knowingly participating in the activities of a terrorist group
0303 00 | Financing of terrorism
0304 00 | Public provocation to commit a terrorist offence
0305 00 | Recruitment or training for terrorism
0400 00open category | Trafficking in human beings
0401 00 | Trafficking in human beings for the purposes of labour or services exploitation
0402 00 | Trafficking in human beings for the purposes of the exploitation of the prostitution of others or other forms of sexual exploitation
0403 00 | Trafficking in human beings for the purposes of organ or human tissue removal
0404 00 | Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude
0405 00 | Trafficking in human beings for the purposes of labour or services exploitation of a minor
0406 00 | Trafficking in human beings for the purposes of the exploitation of the prostitution of minors or other forms of their sexual exploitation
0407 00 | Trafficking in human beings for the purposes of organ or human tissue removal of a minor
0408 00 | Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude of a minor
0500 00open category | Illicit trafficking(1)and other offences related to weapons, firearms, their parts and components, ammunition and explosives
0501 00 | Illicit manufacturing of weapons, firearms, their parts and components, ammunition and explosives
0502 00 | Illicit trafficking of weapons, firearms, their parts and components ammunition and explosives at national level(2)
0503 00 | Illicit exportation or importation of weapons, firearms, their parts and components, ammunition and explosives
0504 00 | Unauthorised possession or use of weapons, firearms, their parts and components, ammunition and explosives
0600 00open category | Environmental crime
0601 00 | Destroying or damaging protected fauna and flora species
0602 00 | Unlawful discharges of polluting substances or ionising radiation into air, soil or water
0603 00 | Offences related to waste, including hazardous waste
0604 00 | Offences related to illicit trafficking(1)in protected fauna and flora species or parts thereof
0605 00 | Unintentional environmental offences
0700 00open category | Offences related to drugs or precursors, and other offences against public health
0701 00 | Offences related to illicit trafficking(3)in narcotic drugs, psychotropic substances and precursors not exclusively for own personal consumption
0702 00 | Illicit consumption of drugs and their acquisition, possession, manufacture or production exclusively for own personal consumption
0703 00 | Aiding or inciting others to use narcotic drugs or psychotropic substances illicitly
0704 00 | Manufacture or production of narcotic drugs not exclusively for personal consumption
0800 00open category | Crimes against the person
0801 00 | Intentional killing
0802 00 | Aggravated cases of intentional killing(4)
0803 00 | Unintentional killing
0804 00 | Intentional killing of a new-born by his/her mother
0805 00 | Illegal abortion
0806 00 | Illegal euthanasia
0807 00 | Offences related to committing suicide
0808 00 | Violence causing death
0809 00 | Causing grievous bodily injury, disfigurement or permanent disability
0810 00 | Unintentionally causing grievous bodily injury, disfigurement or permanent disability
0811 00 | Causing minor bodily injury
0812 00 | Unintentionally causing minor bodily injury
0813 00 | Exposing to danger of loss of life or grievous bodily injury
0814 00 | Torture
0815 00 | Failure to offer aid or assistance
0816 00 | Offences related to organ or tissue removal without authorisation or consent
0817 00 | Offences related to illicit trafficking(3)in human organs and tissue
0818 00 | Domestic violence or threat
0900 00open category | Offences against personal liberty, dignity and other protected interests, including racism and xenophobia
0901 00 | Kidnapping, kidnapping for ransom, illegal restraint
0902 00 | Unlawful arrest or deprivation of liberty by public authority
0903 00 | Hostage-taking
0904 00 | Unlawful seizure of an aircraft or ship
0905 00 | Insults, slander, defamation, contempt
0906 00 | Threats
0907 00 | Duress, pressure, stalking, harassment or aggression of a psychological or emotional nature
0908 00 | Extortion
0909 00 | Aggravated extortion
0910 00 | Illegal entry into private property
0911 00 | Invasion of privacy other than illegal entry into private property
0912 00 | Offences against protection of personal data
0913 00 | Illegal interception of data or communication
0914 00 | Discrimination on grounds of gender, race, sexual orientation, religion or ethnic origin
0915 00 | Public incitement to racial discrimination
0916 00 | Public incitement to racial hatred
0917 00 | Blackmail
1000 00open category | Sexual offences
1001 00 | Rape
1002 00 | Aggravated rape(5)other than rape of a minor
1003 00 | Sexual assault
1004 00 | Procuring for prostitution or sexual act
1005 00 | Indecent exposure
1006 00 | Sexual harassment
1007 00 | Soliciting by a prostitute
1008 00 | Sexual exploitation of children
1009 00 | Offences related to child pornography or indecent images of minors
1010 00 | Rape of a minor
1011 00 | Sexual assault of a minor
1100 00open category | Offences against family law
1101 00 | Illicit sexual relations between close family members
1102 00 | Polygamy
1103 00 | Evading the alimony or maintenance obligation
1104 00 | Neglect or desertion of a minor or a disabled person
1105 00 | Failure to comply with an order to produce a minor or removal of a minor
1200 00open category | Offences against the State, public order, course of justice or public officials
1201 00 | Espionage
1202 00 | High treason
1203 00 | Offences related to elections and referendum
1204 00 | Attempt against life or health of the Head of State
1205 00 | Insult of the State, Nation or State symbols
1206 00 | Insult or resistance to a representative of public authority
1207 00 | Extortion, duress, pressure towards a representative of public authority
1208 00 | Assault or threat on a representative of public authority
1209 00 | Public order offences, breach of the public peace
1210 00 | Violence during sports events
1211 00 | Theft of public or administrative documents
1212 00 | Obstructing or perverting the course of justice, making false allegations in the course of criminal or judicial proceedings, perjury
1213 00 | Unlawful impersonation of a person or an authority
1214 00 | Escape from lawful custody
1300 00open category | Offences against public property or public interests
1301 00 | Public, social security or family benefit fraud
1302 00 | Fraud affecting European benefits or allowances
1303 00 | Offences related to illegal gambling
1304 00 | Obstructing of public tender procedures
1305 00 | Active or passive corruption of a civil servant, a person holding public office or public authority
1306 00 | Embezzlement, misappropriation or other diversion of property by a public official
1307 00 | Abuse of a function by a public official
1400 00open category | Tax and customs offences
1401 00 | Tax offences
1402 00 | Customs offences
1500 00open category | Economic and trade related offences
1501 00 | Bankruptcy or fraudulent insolvency
1502 00 | Breach of accounting regulation, embezzlement, concealment of assets or unlawful increase in a company’s liabilities
1503 00 | Violation of competition rules
1504 00 | Laundering of proceeds from crime
1505 00 | Active or passive corruption in the private sector
1506 00 | Revealing a secret or breaching an obligation of secrecy
1507 00 | ‘Insider trading’
1600 00open category | Offences against property or causing damage to goods
1601 00 | Unlawful appropriation
1602 00 | Unlawful appropriation or diversion of energy
1603 00 | Fraud, including swindling
1604 00 | Dealing in stolen goods
1605 00 | Illicit trafficking(6)in cultural goods, including antiques and works of art
1606 00 | Intentional damage or destruction of property
1607 00 | Unintentional damage or destruction of property
1608 00 | Sabotage
1609 00 | Offences against industrial or intellectual property
1610 00 | Arson
1611 00 | Arson causing death or injury to persons
1612 00 | Forest arson
1700 00open category | Theft offences
1701 00 | Theft
1702 00 | Theft after unlawful entry into property
1703 00 | Theft, using violence or weapons, or using threat of violence or weapons against person
1704 00 | Forms of aggravated theft which do not involve use of violence or weapons, or use of threat of violence or weapons, against persons.
1800 00open category | Offences against information systems and other computer-related crime
1801 00 | Illegal access to information systems
1802 00 | Illegal system interference
1803 00 | Illegal data interference
1804 00 | Production, possession, dissemination of or trafficking in computer devices or data enabling commitment of computer-related offences
1900 00open category | Forgery of means of payment
1901 00 | Counterfeiting or forging currency, including the euro
1902 00 | Counterfeiting of non-cash means of payment
1903 00 | Counterfeiting or forging public fiduciary documents
1904 00 | Putting into circulation/using counterfeited or forged currency, non-cash means of payment or public fiduciary documents
1905 00 | Possession of a device for the counterfeiting or forgery of currency or public fiduciary documents
2000 00open category | Falsification of documents
2001 00 | Falsification of a public or administrative document by a private individual
2002 00 | Falsification of a document by a civil servant or a public authority
2003 00 | Supply or acquisition of a forged public or administrative document; supply or acquisition of a forged document by a civil servant or a public authority
2004 00 | Using forged public or administrative documents
2005 00 | Possession of a device for the falsification of public or administrative documents
2006 00 | Forgery of private documents by a private individual
2100 00open category | Offences against traffic regulations
2101 00 | Dangerous driving
2102 00 | Driving under the influence of alcohol or narcotic drugs
2103 00 | Driving without a licence or while disqualified
2104 00 | Failure to stop after a road accident
2105 00 | Avoiding a road check
2106 00 | Offences related to road transport
2200 00open category | Offences against labour law
2201 00 | Unlawful employment
2202 00 | Offences relating to remuneration, including social security contributions
2203 00 | Offences relating to working conditions, health and safety at work
2204 00 | Offences relating to access to or exercise of a professional activity
2205 00 | Offences relating to working hours and rest time
2300 00open category | Offences against migration law
2301 00 | Unauthorised entry or residence
2302 00 | Facilitation of unauthorised entry and residence
2400 00open category | Offences against military obligations
2500 00open category | Offences related to hormonal substances and other growth promoters
2501 00 | Illicit importation, exportation or supply of hormonal substances and other grown promoters
2600 00open category | Offences related to nuclear materials or other hazardous radioactive substances
2601 00 | Illicit importation, exportation, supply or acquisition of nuclear or radioactive materials
2700 00open category | Other offences
2701 00 | Other intentional offences
2702 00 | Other unintentional offences
(1) Unless otherwise specified in this category, ‘trafficking’ means import, export, acquisition, sale, delivery, movement or transfer.
(2) For the purpose of this sub-category trafficking includes acquisition, sale, delivery, movement or transfer.
(3) For the purpose of this sub-category trafficking includes import, export, acquisition, sale, delivery, movement or transfer.
(4) For example: particularly grave circumstances.
(5) For example rape with particular cruelty.
(6) Trafficking includes import, export, acquisition, sale, delivery, movement or transfer.

ANNEX B
Common table of penalties and measures categories referred to in Article 4

Code | Categories and sub-categories of offences
1000open category | Deprivation of freedom
1001 | Imprisonment
1002 | Life imprisonment
2000open category | Restriction of personal freedom
2001 | Prohibition from frequenting some places
2002 | Restriction to travel abroad
2003 | Prohibition to stay in some places
2004 | Prohibition from entry to a mass event
2005 | Prohibition to enter in contact with certain persons through whatever means
2006 | Placement under electronic surveillance(1)
2007 | Obligation to report at specified times to a specific authority
2008 | Obligation to stay/reside in a certain place
2009 | Obligation to be at the place of residence on the set time
2010 | Obligation to comply with the probation measures ordered by the court, including the obligation to remain under supervision
3000open category | Prohibition of a specific right or capacity
3001 | Disqualification from function
3002 | Loss/suspension of capacity to hold or to be appointed to public office
3003 | Loss/suspension of the right to vote or to be elected
3004 | Incapacity to contract with public administration
3005 | Ineligibility to obtain public subsidies
3006 | Cancellation of the driving licence(2)
3007 | Suspension of driving licence
3008 | Prohibition to drive certain vehicles
3009 | Loss/suspension of the parental authority
3010 | Loss/suspension of right to be an expert in court proceedings/witness under oath/juror
3011 | Loss/suspension of right to be a legal guardian(3)
3012 | Loss/suspension of right of decoration or title
3013 | Prohibition to exercise professional, commercial or social activity
3014 | Prohibition from working or activity with minors
3015 | Obligation to close an establishment
3016 | Prohibition to hold or to carry weapons
3017 | Withdrawal of a hunting/fishing license
3018 | Prohibition to issue cheques or to use payment/credit cards
3019 | Prohibition to keep animals
3020 | Prohibition to possess or use certain items other than weapons
3021 | Prohibition to play certain games/sports
4000open category | Prohibition or expulsion from territory
4001 | Prohibition from national territory
4002 | Expulsion from national territory
5000open category | Personal obligation
5001 | Submission to medical treatment or other forms of therapy
5002 | Submission to a social-educational programme
5003 | Obligation to be under the care/control of the family
5004 | Educational measures
5005 | Socio-judicial probation
5006 | Obligation of training/working
5007 | Obligation to provide judicial authorities with specific information
5008 | Obligation to publish the judgment
5009 | Obligation to compensate for the prejudice caused by the offence
6000open category | Penalty on personal property
6001 | Confiscation
6002 | Demolition
6003 | Restoration
7000open category | Placing in an institution
7001 | Placing in a psychiatric institution
7002 | Placing in a detoxification institution
7003 | Placing in an educational institution
8000open category | Financial penalty
8001 | Fine
8002 | Day-fine(4)
8003 | Fine for the benefit of a special recipient(5)
9000open category | Working penalty
9001 | Community service or work
9002 | Community service or work accompanied with other restrictive measures
10000open category | Military penalty
10001 | Loss of military rank(6)
10002 | Expulsion from professional military service
10003 | Military imprisonment
11000open category | Exemption/deferment of sentence/penalty, warning
12000open category | Other penalties and measures

Parameters (to be specified where applicable)
ø | Penalty
m | Measure
a | Suspended penalty/measure
b | Partially suspended penalty/measure
c | Suspended penalty/measure with probation/supervision
d | Partially suspended penalty/measure with probation/supervision
e | Conversion of penalty/measure
f | Alternative penalty/measure imposed as principal penalty
g | Alternative penalty/measure imposed initially in case of non-respect of the principal penalty
h | Revocation of suspended penalty/measure
i | Subsequent formation of an overall penalty
j | Interruption of enforcement/postponement of the penalty/measure(7)
k | Remission of the penalty
l | Remission of the suspended penalty
n | End of penalty
o | Pardon
p | Amnesty
q | Release on parole (liberation of a person before end of the sentence under certain conditions)
r | Rehabilitation (with or without the deletion of penalty from criminal records)
s | Penalty or measure specific to minors
t | Non-criminal ruling(8)
(1) Fixed or mobile placement.
(2) Reapplication in order to obtain a new driving licence is necessary.
(3) Legal guardian for a person who is legally incompetent or for a minor.
(4) Fine expressed in daily units.
(5) E.g.: for an institution, association, foundation or a victim.
(6) Military demotion.
(7) Does not lead to avoidance of enforcement of penalty.
(8) This parameter will be indicated only when such information is provided in reply to the request received by the Member State of nationality of the person concerned.

Pending: 32009D0176

January 16, 2026

Pending: 32009D0109

January 16, 2026
11.2.2009 EN Official Journal of the European Union L 40/26
(1) Traditional knowledge of farmers combined with recent results from research indicate that some species ofLeguminosaeandPlantago lanceolatanot listed in Council Directives 66/401/EEC, 66/402/EEC(2), 2002/55/EC(3)or 2002/57/EC(4)(hereinafter the existing legislation), in particular when used in mixtures with species covered by the existing legislation, are interesting for fodder production permitting a balanced feeding of animals throughout the year while at the same time contributing to the rehabilitation of soils in non-arable or marginal cropping lands. It is the case forBiserrula pelecinus,Lotus glaber,Lotus uliginosus,Medicago italica,Medicago littoralis,Medicago murex,Medicago polymorpha,Medicago rugosa,Medicago scutelatta,Medicago truncatula,Ornithopus compressus,Ornithopus sativus,Plantago lanceolata,Trifolium fragiferum,Trifolium glanduliferum,Trifolium hirtum,Trifolium michelianum,Trifolium squarrosum,Trifolium subterraneum,Trifolium vesiculosum, andVicia benghalensis(hereinafter species referred to in recital 1).
(2) In accordance with the second indent of Article 13(1) of Directive 66/401/EEC only seeds of plant species listed in the existing legislation, with the exception of the varieties mentioned in Article 4(2) of Council Directive 2002/53/EC(5), may be marketed throughout the Community in seed mixtures intended for use as fodder plants. In the absence of the possibility to market mixtures containing seed of the species referred to in recital 1, farmers wishing to make use of those species, have to transport and sow them as individual species, or in certain cases, prepare mixtures themselves at the farm, involving additional cost and work. In addition, there is an increased risk that the different species included in the mixture will be unevenly distributed on the field since the mixtures are not prepared by professionals.
(3) To allow the species referred to in recital 1 to be marketed in such mixtures it would be necessary to amend Article 2(1)(A) of Directive 66/401/EEC by including those species in that provision.
(4) In order to decide about such an amendment to Article 2(1)(A) of Directive 66/401/EEC, it is necessary to gather information on the marketing of mixtures containing the species referred to in recital 1. In particular it needs to be verified, whether, where those species are used in mixtures, it is possible to confirm by official post-control that the percentage of seed of each component indicated on the label of the package corresponds to the composition of the mixture and whether mixtures of the same lot are homogeneous in all packages marketed. In the absence of that information, it would be impossible to guarantee to users that the seed of mixtures containing species referred to in recital 1 will provide high-quality results.
(5) It is therefore appropriate to organise a temporary experiment to verify whether the species referred to in recital 1 fulfil the requirements for being included in Article 2(1)(A) of Directive 66/401/EEC.
(6) Member States participating in the experiment should be released from the obligations set out in the second indent of Article 13(1) of Directive 66/401/EEC with respect to the species referred to in recital 1. They should allow the placing on the market of mixtures containing those species under certain conditions.
(7) It is appropriate to provide for specific requirements for the certification of the species referred to in recital 1 in order to ensure that the seed of these species fulfils the same requirements in all participating Member States. These requirements should be based on the conditions set out in OECD Certification Schemes for the Varietal Certification or the Control of Seed Moving in International Trade (hereinafter: OECD Schemes) or in the national standards of the Member State in which the seed is produced.
(8) In addition to the general conditions provided for in Commission Decision 2004/371/EC of 20 April 2004 on conditions for the placing on the market of seed mixtures intended for use as fodder plants(6), specific conditions should be set out for the marketing of mixtures under the experiment. Those conditions should ensure the collection of sufficient information for the assessment of the experiment. It is, therefore, necessary to provide for rules on labelling, monitoring and reporting.
(9) Given the experimental nature of the measure provided for by this Decision, a maximum quantity for the marketing of seed mixtures should be fixed, taking into account the need to test different mixtures using existing facilities.
(10) To allow Member States to verify that the maximum quantity is not exceeded, firms intending to produce such seed mixtures should communicate to the Member States concerned the quantities they intend to produce. Member States should have the possibility to prohibit the marketing of seed mixtures where they consider this necessary in view of the need to test different mixtures without exceeding the maximum quantity.
(11) In order to allow suppliers to produce and market a sufficient quantity of seed and to permit the competent authorities to inspect that material and collect sufficient and comparable information to be used for the preparation of the report, the experiment should take place over a period of at least five marketing seasons.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
(a) it belongs to a variety listed in a national catalogue of a Member State or in the OECD List of Varieties Eligible for the Seed Certification;
(b) it is certified in accordance with Annex I;
(c) it fulfils the conditions set out in point 1 of Annex II.
Species Minimum germination(% of pure seeds(1)) Minimum analytical purity(% by weight) Maximum content of seeds of other plant species(% by weight) Maximum content of seeds of other plant species in a sample of the weight specified in column 7 Maximum weight of a lot(tonnes) Minimum weight of a sample to be drawn from a lot(grams)
1 2 3 4 5 6 7
Biserrula pelecinus 70 (including hard seeds) 98 0,5 (3)(4)(5) 10 30
Lotus uliginosus 75 (40) 97 0,5 (3)(4)(5) 10 25
Lotus glaber 75 (40) 97 0,5 (3)(4)(5) 10 30
Medicago murex 70 (30) 98 2,0 (3)(4)(5) 10 50
Medicago polymorpha 70 (30) 98 2,0 (3)(4)(5) 10 70
Medicago rugosa 70 (20) 98 2,0 (3)(4)(5) 10 180
Medicago scutellata 70 98 2,0 (3)(4)(5) 10 400
Medicago italica 70 (20) 98 2,0 (3)(4)(5) 10 100
Medicago littoralis 70 98 2,0 (3)(4)(5) 10 70
Medicago truncatula 70 (20) 98 2,0 (3)(4)(5) 10 100
Ornithopus compressus 75 (including hard seeds) 90 1,0 (3)(4)(5) 10 120
Ornithopus sativus 75 (including hard seeds) 90 1,0 (3)(4)(5) 10 90
Plantago lanceolata 75 85 1,5 (3)(4)(5) 5 20
Trifolium fragiferum 70 98 1,0 (3)(4)(5) 10 40
Trifolium glanduliferum 70 (30) 98 1,0 (3)(4)(5) 10 20
Trifolium hirtum 70 98 1,0 (3)(4)(5) 10 70
Trifolium. michelianum 75 (30) 98 1,0 (3)(4)(5) 10 25
Trifolium squarrosum 75 (20) 97 1,5 (3)(4)(5) 10 150
Trifolium subterraneum 80 (40) 97 0,5 (3)(4)(5) 10 250
Trifolium vesiculosum 70 (including hard seeds) 98 1,0 (3)(4)(5) 10 100
Vicia benghalensis 80 (20) 97(2) 1,0 (3)(4)(5) 20 1 000
(a) Field inspection shall be carried out in accordance with the OECD Schemes, where the species are covered by those Schemes or, if this is not the case, in accordance with the national standards of the Member State in which the seed is produced.
(b) Member States shall ensure that all seed lots are subject to field inspection, sampling and seed analysis in accordance with Directive 66/401/EEC before their mixture, whether officially or under official supervision.
(a) Seed samples shall be taken at random from the lots of seed mixtures under the experiment by official seed samplers. These samples shall be used as control samples for checking the composition of the mixtures under the experiment in accordance with Article 4 of Decision 2004/371/EC.The level and the intensity of the sampling and inspections carried out in accordance with Article 4 of Decision 2004/371/EC shall be suitable for the purposes of the experiment.
(b) In addition to the information required in accordance with Directive 66/401/EEC and Decision 2004/371/EC, the official label shall include the following information:(i)the botanical names of all species referred to in Article 1 (including varieties, where appropriate) included in the mixture under the experiment;(ii)the percentage composition by weight of the various components shown by species referred to in Article 1 and, where appropriate, by variety;(iii)a reference to this Decision.Where the information referred to in points (i) and (ii) is not legible on the official label, the mixture under the experiment may be placed on the market with the name of the mixture provided that the information referred to in points (i) and (ii) has been notified in writing to the purchaser and officially recorded. (i) the botanical names of all species referred to in Article 1 (including varieties, where appropriate) included in the mixture under the experiment; (ii) the percentage composition by weight of the various components shown by species referred to in Article 1 and, where appropriate, by variety; (iii) a reference to this Decision.
(i) the botanical names of all species referred to in Article 1 (including varieties, where appropriate) included in the mixture under the experiment;
(ii) the percentage composition by weight of the various components shown by species referred to in Article 1 and, where appropriate, by variety;
(iii) a reference to this Decision.
(i) the botanical names of all species referred to in Article 1 (including varieties, where appropriate) included in the mixture under the experiment;
(ii) the percentage composition by weight of the various components shown by species referred to in Article 1 and, where appropriate, by variety;
(iii) a reference to this Decision.
(a) name of the species (including varieties, where relevant) used in mixtures under the experiment;
(b) quantity of each seed mixture under the experiment placed on the market during the authorised period and the Member State for which the seed mixture was intended;
(c) composition of mixtures under the experiment marketed;
(d) procedures (standards) followed for certification of species referred to in Article 1 (OECD Schemes or national standards);
(e) results of the field inspection and laboratory tests for certification of species referred to in Article 1, where they are carried out in Member States;
(f) information about imports under OECD Schemes as regards, in particular, quantity, composition of seed mixtures under the experiment, country of origin and labelling;
(g) results of the tests carried out in accordance to points (a) and (b) of paragraph 2 on control samples;
(h) a cost benefits analysis to be used to support or not the aim of the experiment.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed(1), and in particular Article 13a thereof,
(1) Traditional knowledge of farmers combined with recent results from research indicate that some species ofLeguminosaeandPlantago lanceolatanot listed in Council Directives 66/401/EEC, 66/402/EEC(2), 2002/55/EC(3)or 2002/57/EC(4)(hereinafter the existing legislation), in particular when used in mixtures with species covered by the existing legislation, are interesting for fodder production permitting a balanced feeding of animals throughout the year while at the same time contributing to the rehabilitation of soils in non-arable or marginal cropping lands. It is the case forBiserrula pelecinus,Lotus glaber,Lotus uliginosus,Medicago italica,Medicago littoralis,Medicago murex,Medicago polymorpha,Medicago rugosa,Medicago scutelatta,Medicago truncatula,Ornithopus compressus,Ornithopus sativus,Plantago lanceolata,Trifolium fragiferum,Trifolium glanduliferum,Trifolium hirtum,Trifolium michelianum,Trifolium squarrosum,Trifolium subterraneum,Trifolium vesiculosum, andVicia benghalensis(hereinafter species referred to in recital 1).
(2) In accordance with the second indent of Article 13(1) of Directive 66/401/EEC only seeds of plant species listed in the existing legislation, with the exception of the varieties mentioned in Article 4(2) of Council Directive 2002/53/EC(5), may be marketed throughout the Community in seed mixtures intended for use as fodder plants. In the absence of the possibility to market mixtures containing seed of the species referred to in recital 1, farmers wishing to make use of those species, have to transport and sow them as individual species, or in certain cases, prepare mixtures themselves at the farm, involving additional cost and work. In addition, there is an increased risk that the different species included in the mixture will be unevenly distributed on the field since the mixtures are not prepared by professionals.
(3) To allow the species referred to in recital 1 to be marketed in such mixtures it would be necessary to amend Article 2(1)(A) of Directive 66/401/EEC by including those species in that provision.
(4) In order to decide about such an amendment to Article 2(1)(A) of Directive 66/401/EEC, it is necessary to gather information on the marketing of mixtures containing the species referred to in recital 1. In particular it needs to be verified, whether, where those species are used in mixtures, it is possible to confirm by official post-control that the percentage of seed of each component indicated on the label of the package corresponds to the composition of the mixture and whether mixtures of the same lot are homogeneous in all packages marketed. In the absence of that information, it would be impossible to guarantee to users that the seed of mixtures containing species referred to in recital 1 will provide high-quality results.
(5) It is therefore appropriate to organise a temporary experiment to verify whether the species referred to in recital 1 fulfil the requirements for being included in Article 2(1)(A) of Directive 66/401/EEC.
(6) Member States participating in the experiment should be released from the obligations set out in the second indent of Article 13(1) of Directive 66/401/EEC with respect to the species referred to in recital 1. They should allow the placing on the market of mixtures containing those species under certain conditions.
(7) It is appropriate to provide for specific requirements for the certification of the species referred to in recital 1 in order to ensure that the seed of these species fulfils the same requirements in all participating Member States. These requirements should be based on the conditions set out in OECD Certification Schemes for the Varietal Certification or the Control of Seed Moving in International Trade (hereinafter: OECD Schemes) or in the national standards of the Member State in which the seed is produced.
(8) In addition to the general conditions provided for in Commission Decision 2004/371/EC of 20 April 2004 on conditions for the placing on the market of seed mixtures intended for use as fodder plants(6), specific conditions should be set out for the marketing of mixtures under the experiment. Those conditions should ensure the collection of sufficient information for the assessment of the experiment. It is, therefore, necessary to provide for rules on labelling, monitoring and reporting.
(9) Given the experimental nature of the measure provided for by this Decision, a maximum quantity for the marketing of seed mixtures should be fixed, taking into account the need to test different mixtures using existing facilities.
(10) To allow Member States to verify that the maximum quantity is not exceeded, firms intending to produce such seed mixtures should communicate to the Member States concerned the quantities they intend to produce. Member States should have the possibility to prohibit the marketing of seed mixtures where they consider this necessary in view of the need to test different mixtures without exceeding the maximum quantity.
(11) In order to allow suppliers to produce and market a sufficient quantity of seed and to permit the competent authorities to inspect that material and collect sufficient and comparable information to be used for the preparation of the report, the experiment should take place over a period of at least five marketing seasons.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:

Subject matter
Article 1
A temporary experiment is organised at Community level to assess whether the following species:Biserrula pelecinus,Lotus glaber,Lotus uliginosus,Medicago italica,Medicago littoralis,Medicago murex,Medicago polymorpha,Medicago rugosa,Medicago scutelatta,Medicago truncatula,Ornithopus compressus,Ornithopus sativus,Plantago lanceolata,Trifolium fragiferum,Trifolium glanduliferum,Trifolium hirtum,Trifolium michelianum,Trifolium squarrosum,Trifolium subterraneum,Trifolium vesiculosum, andVicia benghalensis(hereinafter the species referred to in Article 1), can be marketed as or in seed mixtures, for the purpose of deciding whether some or all of those species should be included in the list of fodder plants in Article 2(1)(A) of Directive 66/401/EEC.

Participation of Member States
Article 2
Any Member State may participate in the experiment.
Member States which decide to participate in the experiment (hereinafter: participating Member States) shall inform the Commission accordingly.
They may terminate their participation at any time by informing the Commission accordingly.

Release
Article 3
1. For the purposes of the experiment, mixtures of seed containing the species referred to in Article 1, with or without seed of species listed in Directives 66/401/EEC, 66/402/EEC, 2002/55/EC or 2002/57/EC, may be placed on the market under the conditions provided for in Articles 4 and 5.
2. Participating Member States are released from the obligations provided for in the second indent of Article 13(1) of Directive 66/401/EEC.

Conditions concerning seed of the species referred to in Article 1
Article 4
Seed of the species referred to in Article 1 shall satisfy the following conditions:
(a)
it belongs to a variety listed in a national catalogue of a Member State or in the OECD List of Varieties Eligible for the Seed Certification;
(b)
it is certified in accordance with Annex I;
(c)
it fulfils the conditions set out in point 1 of Annex II.

Conditions concerning mixtures under the experiment
Article 5
In addition to the conditions provided for in Decision 2004/371/EC, mixtures under the experiment shall fulfil the conditions set out in point 2 of Annex II.

Quantitative restrictions
Article 6
1. Participating Member States shall ensure that the total quantity of seed to be used in mixtures under the experiment does not exceed 1 000 tonnes per year.
2. Participating Member States shall ensure that firms declare to the authority referred to in point (A)(I)(c)(2) of Annex IV to Directive 66/401/EEC the quantity of seed mixtures they intend to produce.
A Member State may prohibit the placing on the market of a seed mixture, if it considers that, in view of the purpose of the experiment, it is not appropriate that additional quantities of the seed mixture concerned are placed on the market. It shall immediately inform the firm or firms concerned.

Monitoring
Article 7
The Authority referred to in point (A)(I)(c)(2) of Annex IV to Directive 66/401/EC of the participating Member States shall monitor the experiment.

Reporting obligations
Article 8
1. Participating Member States shall, for each year, present to the Commission and the other Member States a report including a list of species used in mixtures under the experiment and the quantity marketed for each of these mixtures by 31 March of the following year. The Member States may decide to include in the report any other relevant information.
2. At the end of the experiment and in any case at the end of their participation, participating Member States shall by 31 March of the following year, present to the Commission and the other Member States a report including the information referred to in point 3 of Annex II. The report may include other information they consider relevant in view of the purpose of the experiment.

Time period
Article 9
The experiment shall start on 1 June 2009 and end on 31 May 2014.

Addressees
Article 10
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed(1), and in particular Article 13a thereof,
(1) Traditional knowledge of farmers combined with recent results from research indicate that some species ofLeguminosaeandPlantago lanceolatanot listed in Council Directives 66/401/EEC, 66/402/EEC(2), 2002/55/EC(3)or 2002/57/EC(4)(hereinafter the existing legislation), in particular when used in mixtures with species covered by the existing legislation, are interesting for fodder production permitting a balanced feeding of animals throughout the year while at the same time contributing to the rehabilitation of soils in non-arable or marginal cropping lands. It is the case forBiserrula pelecinus,Lotus glaber,Lotus uliginosus,Medicago italica,Medicago littoralis,Medicago murex,Medicago polymorpha,Medicago rugosa,Medicago scutelatta,Medicago truncatula,Ornithopus compressus,Ornithopus sativus,Plantago lanceolata,Trifolium fragiferum,Trifolium glanduliferum,Trifolium hirtum,Trifolium michelianum,Trifolium squarrosum,Trifolium subterraneum,Trifolium vesiculosum, andVicia benghalensis(hereinafter species referred to in recital 1).
(2) In accordance with the second indent of Article 13(1) of Directive 66/401/EEC only seeds of plant species listed in the existing legislation, with the exception of the varieties mentioned in Article 4(2) of Council Directive 2002/53/EC(5), may be marketed throughout the Community in seed mixtures intended for use as fodder plants. In the absence of the possibility to market mixtures containing seed of the species referred to in recital 1, farmers wishing to make use of those species, have to transport and sow them as individual species, or in certain cases, prepare mixtures themselves at the farm, involving additional cost and work. In addition, there is an increased risk that the different species included in the mixture will be unevenly distributed on the field since the mixtures are not prepared by professionals.
(3) To allow the species referred to in recital 1 to be marketed in such mixtures it would be necessary to amend Article 2(1)(A) of Directive 66/401/EEC by including those species in that provision.
(4) In order to decide about such an amendment to Article 2(1)(A) of Directive 66/401/EEC, it is necessary to gather information on the marketing of mixtures containing the species referred to in recital 1. In particular it needs to be verified, whether, where those species are used in mixtures, it is possible to confirm by official post-control that the percentage of seed of each component indicated on the label of the package corresponds to the composition of the mixture and whether mixtures of the same lot are homogeneous in all packages marketed. In the absence of that information, it would be impossible to guarantee to users that the seed of mixtures containing species referred to in recital 1 will provide high-quality results.
(5) It is therefore appropriate to organise a temporary experiment to verify whether the species referred to in recital 1 fulfil the requirements for being included in Article 2(1)(A) of Directive 66/401/EEC.
(6) Member States participating in the experiment should be released from the obligations set out in the second indent of Article 13(1) of Directive 66/401/EEC with respect to the species referred to in recital 1. They should allow the placing on the market of mixtures containing those species under certain conditions.
(7) It is appropriate to provide for specific requirements for the certification of the species referred to in recital 1 in order to ensure that the seed of these species fulfils the same requirements in all participating Member States. These requirements should be based on the conditions set out in OECD Certification Schemes for the Varietal Certification or the Control of Seed Moving in International Trade (hereinafter: OECD Schemes) or in the national standards of the Member State in which the seed is produced.
(8) In addition to the general conditions provided for in Commission Decision 2004/371/EC of 20 April 2004 on conditions for the placing on the market of seed mixtures intended for use as fodder plants(6), specific conditions should be set out for the marketing of mixtures under the experiment. Those conditions should ensure the collection of sufficient information for the assessment of the experiment. It is, therefore, necessary to provide for rules on labelling, monitoring and reporting.
(9) Given the experimental nature of the measure provided for by this Decision, a maximum quantity for the marketing of seed mixtures should be fixed, taking into account the need to test different mixtures using existing facilities.
(10) To allow Member States to verify that the maximum quantity is not exceeded, firms intending to produce such seed mixtures should communicate to the Member States concerned the quantities they intend to produce. Member States should have the possibility to prohibit the marketing of seed mixtures where they consider this necessary in view of the need to test different mixtures without exceeding the maximum quantity.
(11) In order to allow suppliers to produce and market a sufficient quantity of seed and to permit the competent authorities to inspect that material and collect sufficient and comparable information to be used for the preparation of the report, the experiment should take place over a period of at least five marketing seasons.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:

Subject matter

A temporary experiment is organised at Community level to assess whether the following species:Biserrula pelecinus,Lotus glaber,Lotus uliginosus,Medicago italica,Medicago littoralis,Medicago murex,Medicago polymorpha,Medicago rugosa,Medicago scutelatta,Medicago truncatula,Ornithopus compressus,Ornithopus sativus,Plantago lanceolata,Trifolium fragiferum,Trifolium glanduliferum,Trifolium hirtum,Trifolium michelianum,Trifolium squarrosum,Trifolium subterraneum,Trifolium vesiculosum, andVicia benghalensis(hereinafter the species referred to in Article 1), can be marketed as or in seed mixtures, for the purpose of deciding whether some or all of those species should be included in the list of fodder plants in Article 2(1)(A) of Directive 66/401/EEC.

Participation of Member States

Any Member State may participate in the experiment.
Member States which decide to participate in the experiment (hereinafter: participating Member States) shall inform the Commission accordingly.
They may terminate their participation at any time by informing the Commission accordingly.

Release

1. For the purposes of the experiment, mixtures of seed containing the species referred to in Article 1, with or without seed of species listed in Directives 66/401/EEC, 66/402/EEC, 2002/55/EC or 2002/57/EC, may be placed on the market under the conditions provided for in Articles 4 and 5.
2. Participating Member States are released from the obligations provided for in the second indent of Article 13(1) of Directive 66/401/EEC.

Conditions concerning seed of the species referred to in Article 1

Seed of the species referred to in Article 1 shall satisfy the following conditions:
(a)
it belongs to a variety listed in a national catalogue of a Member State or in the OECD List of Varieties Eligible for the Seed Certification;
(b)
it is certified in accordance with Annex I;
(c)
it fulfils the conditions set out in point 1 of Annex II.

Conditions concerning mixtures under the experiment

In addition to the conditions provided for in Decision 2004/371/EC, mixtures under the experiment shall fulfil the conditions set out in point 2 of Annex II.

Quantitative restrictions

1. Participating Member States shall ensure that the total quantity of seed to be used in mixtures under the experiment does not exceed 1 000 tonnes per year.
2. Participating Member States shall ensure that firms declare to the authority referred to in point (A)(I)(c)(2) of Annex IV to Directive 66/401/EEC the quantity of seed mixtures they intend to produce.
A Member State may prohibit the placing on the market of a seed mixture, if it considers that, in view of the purpose of the experiment, it is not appropriate that additional quantities of the seed mixture concerned are placed on the market. It shall immediately inform the firm or firms concerned.

Monitoring

The Authority referred to in point (A)(I)(c)(2) of Annex IV to Directive 66/401/EC of the participating Member States shall monitor the experiment.

Reporting obligations

1. Participating Member States shall, for each year, present to the Commission and the other Member States a report including a list of species used in mixtures under the experiment and the quantity marketed for each of these mixtures by 31 March of the following year. The Member States may decide to include in the report any other relevant information.
2. At the end of the experiment and in any case at the end of their participation, participating Member States shall by 31 March of the following year, present to the Commission and the other Member States a report including the information referred to in point 3 of Annex II. The report may include other information they consider relevant in view of the purpose of the experiment.

Time period

The experiment shall start on 1 June 2009 and end on 31 May 2014.

Addressees

This Decision is addressed to the Member States.
ANNEX ISPECIES REFERRED TO IN ARTICLE 1 AND CONDITIONS FOR THEIR CERTIFICATION
Species | Minimum germination(% of pure seeds(1)) | Minimum analytical purity(% by weight) | Maximum content of seeds of other plant species(% by weight) | Maximum content of seeds of other plant species in a sample of the weight specified in column 7 | Maximum weight of a lot(tonnes) | Minimum weight of a sample to be drawn from a lot(grams)
1 | 2 | 3 | 4 | 5 | 6 | 7
Biserrula pelecinus | 70 (including hard seeds) | 98 | 0,5 | (3)(4)(5) | 10 | 30
Lotus uliginosus | 75 (40) | 97 | 0,5 | (3)(4)(5) | 10 | 25
Lotus glaber | 75 (40) | 97 | 0,5 | (3)(4)(5) | 10 | 30
Medicago murex | 70 (30) | 98 | 2,0 | (3)(4)(5) | 10 | 50
Medicago polymorpha | 70 (30) | 98 | 2,0 | (3)(4)(5) | 10 | 70
Medicago rugosa | 70 (20) | 98 | 2,0 | (3)(4)(5) | 10 | 180
Medicago scutellata | 70 | 98 | 2,0 | (3)(4)(5) | 10 | 400
Medicago italica | 70 (20) | 98 | 2,0 | (3)(4)(5) | 10 | 100
Medicago littoralis | 70 | 98 | 2,0 | (3)(4)(5) | 10 | 70
Medicago truncatula | 70 (20) | 98 | 2,0 | (3)(4)(5) | 10 | 100
Ornithopus compressus | 75 (including hard seeds) | 90 | 1,0 | (3)(4)(5) | 10 | 120
Ornithopus sativus | 75 (including hard seeds) | 90 | 1,0 | (3)(4)(5) | 10 | 90
Plantago lanceolata | 75 | 85 | 1,5 | (3)(4)(5) | 5 | 20
Trifolium fragiferum | 70 | 98 | 1,0 | (3)(4)(5) | 10 | 40
Trifolium glanduliferum | 70 (30) | 98 | 1,0 | (3)(4)(5) | 10 | 20
Trifolium hirtum | 70 | 98 | 1,0 | (3)(4)(5) | 10 | 70
Trifolium. michelianum | 75 (30) | 98 | 1,0 | (3)(4)(5) | 10 | 25
Trifolium squarrosum | 75 (20) | 97 | 1,5 | (3)(4)(5) | 10 | 150
Trifolium subterraneum | 80 (40) | 97 | 0,5 | (3)(4)(5) | 10 | 250
Trifolium vesiculosum | 70 (including hard seeds) | 98 | 1,0 | (3)(4)(5) | 10 | 100
Vicia benghalensis | 80 (20) | 97(2) | 1,0 | (3)(4)(5) | 20 | 1 000
(1) Up to the maximum quantity indicated, hard seed present shall be regarded as seed capable of germination.
(2) A maximum total of 6 % by weight of seeds of Vicia pannonica, Vicia villosa or related cultivated species in another relevant species shall not be regarded as an impurity.
(3) Seeds of Avena fatua and Avena sterilis shall not be present in a sample of the prescribed weight.
(4) The presence of one seed of Cuscuta spp. in a sample twice the prescribed weight shall not be regarded as an impurity where a second sample of twice the prescribed weight is free of any seeds of Cuscuta spp.
(5) The presence of seeds of Rumex spp. other than Rumex acetosella and Rumex maritimus shall not exceed 10 in a sample with the prescribed weight.

CONDITIONS OF THE EXPERIMENT

ANNEX II1. Conditions for seed of species referred to in Article 1.
| (a) | Field inspection shall be carried out in accordance with the OECD Schemes, where the species are covered by those Schemes or, if this is not the case, in accordance with the national standards of the Member State in which the seed is produced.
| (b) | Member States shall ensure that all seed lots are subject to field inspection, sampling and seed analysis in accordance with Directive 66/401/EEC before their mixture, whether officially or under official supervision.2. Conditions for mixtures under the experiment.
| (a) | Seed samples shall be taken at random from the lots of seed mixtures under the experiment by official seed samplers. These samples shall be used as control samples for checking the composition of the mixtures under the experiment in accordance with Article 4 of Decision 2004/371/EC.The level and the intensity of the sampling and inspections carried out in accordance with Article 4 of Decision 2004/371/EC shall be suitable for the purposes of the experiment.
| (b) | In addition to the information required in accordance with Directive 66/401/EEC and Decision 2004/371/EC, the official label shall include the following information:(i)the botanical names of all species referred to in Article 1 (including varieties, where appropriate) included in the mixture under the experiment;(ii)the percentage composition by weight of the various components shown by species referred to in Article 1 and, where appropriate, by variety;(iii)a reference to this Decision.Where the information referred to in points (i) and (ii) is not legible on the official label, the mixture under the experiment may be placed on the market with the name of the mixture provided that the information referred to in points (i) and (ii) has been notified in writing to the purchaser and officially recorded. | (i) | the botanical names of all species referred to in Article 1 (including varieties, where appropriate) included in the mixture under the experiment; | (ii) | the percentage composition by weight of the various components shown by species referred to in Article 1 and, where appropriate, by variety; | (iii) | a reference to this Decision.
(i) | the botanical names of all species referred to in Article 1 (including varieties, where appropriate) included in the mixture under the experiment;
(ii) | the percentage composition by weight of the various components shown by species referred to in Article 1 and, where appropriate, by variety;
(iii) | a reference to this Decision.3. Information to be recorded.
| (a) | name of the species (including varieties, where relevant) used in mixtures under the experiment;
| (b) | quantity of each seed mixture under the experiment placed on the market during the authorised period and the Member State for which the seed mixture was intended;
| (c) | composition of mixtures under the experiment marketed;
| (d) | procedures (standards) followed for certification of species referred to in Article 1 (OECD Schemes or national standards);
| (e) | results of the field inspection and laboratory tests for certification of species referred to in Article 1, where they are carried out in Member States;
| (f) | information about imports under OECD Schemes as regards, in particular, quantity, composition of seed mixtures under the experiment, country of origin and labelling;
| (g) | results of the tests carried out in accordance to points (a) and (b) of paragraph 2 on control samples;
| (h) | a cost benefits analysis to be used to support or not the aim of the experiment.