COUNCIL DECISION

of 13 May 2014

on the conclusion, on behalf of the European Union, of the Protocol between the European Union and the Union of the Comoros setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement currently in force between the two parties

(2014/369/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6)(a) and (7) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Protocol between the European Union and the Union of the Comoros setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Communiity and the Union of the Comoros (the ‘Protocol’) is hereby concluded on behalf of the European Union (3).

Article 2

The President of the Council shall, on behalf of the European Union, give the notification provided for in Article 14 of the Protocol.

Article 3

Subject to the provisions and conditions set out in the Annex, the Commission shall be empowered to approve, on behalf of the European Union, modifications to the Protocol in the Joint Committee.

Article 4

This Decision shall enter into force on the day of its adoption.

(1)  Council Regulation (EC) No 1563/2006 of 5 October 2006 concerning the conclusion of the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros (OJ L 290, 20.10.2006, p. 6).

(2)  Council Decision 2013/786/EU of 16 December 2013 on the signing, on behalf of the European Union, and the provisional application of the Protocol between the European Union and the Union of the Comoros setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement currently in force between the two parties (OJ L 349, 21.12.2013, p. 4).

(3)  The Protocol was published in OJ L 349, 21.12.2013, p. 5 along with the decision on its signing.

COUNCIL IMPLEMENTING REGULATION (EU) No 663/2014

of 5 June 2014

replacing Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency proceedings

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (1), and in particular Article 45 thereof,

Having regard to the proposal from the European Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annexes A, B and C to Regulation (EC) No 1346/2000 are replaced by the texts set out in Annexes I, II and III, respectively, to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

(1)  OJ L 160, 30.6.2000, p. 1.

COMMISSION DELEGATED REGULATION (EU) No 664/2014

of 18 December 2013

supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular the first and second subparagraphs of Article 5(4), the first subparagraph of Article 12(7), Article 16(2), the first subparagraph of Article 19(2), the first subparagraph of Article 23(4), Article 25(3), the first subparagraph of Article 49(7), the first subparagraph of Article 51(6), the first subparagraph of Article 53(3), and the first subparagraph of Article 54(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Specific rules on sourcing of feed and of raw materials

1.   For the purposes of Article 5 of Regulation (EU) No 1151/2012, feed shall be sourced entirely from within the defined geographical area in respect of products of animal origin the name of which is registered as a protected designation of origin.

Insofar as sourcing entirely from within the defined geographical area is not technically practicable, feed sourced from outside that area can be added, provided that the product quality or characteristic essentially due to the geographical environment are not affected. Feed sourced from outside the defined geographical area shall in no case exceed 50 % of dry matter on annual basis.

2.   Any restrictions to the origin of raw materials provided in the product specification of a product the name of which is registered as a protected geographical indication shall be justified in relation to the link referred to in point (f)(ii) of Article 7(1) of Regulation (EU) No 1151/2012.

Article 2

Union symbols

The Union symbols referred to in Articles 12(2) and 23(2) of Regulation (EU) No 1151/2012 are established as laid down in the Annex to this Regulation.

Article 3

Limitation of product specifications for traditional specialities guaranteed

The product specification referred to in Article 19 of Regulation (EU) No 1151/2012 shall be concise and shall not exceed 5 000 words, except in duly justified cases.

Article 4

National opposition procedures for joint applications

In case of joint applications as referred to in Article 49(1) of Regulation (EU) No 1151/2012, the related national opposition procedures shall be carried out in all the Member States concerned.

Article 5

Notification obligation concerning agreement in opposition procedure

When the interested parties reach an agreement following the consultations referred to in Article 51(3) of Regulation (EU) No 1151/2012, the authorities of the Member State or of the third country from which the application was lodged shall notify the Commission of all the factors which enabled that agreement to be reached, including the opinions of the applicant and of the authorities of a Member State or of a third country or other natural and legal persons having lodged an opposition.

Article 6

Amendments to a product specification

1.   The application for an amendment to a product specification as referred to in Article 53(1) of Regulation (EU) No 1151/2012 which is not minor shall contain an exhaustive description and the specific reasons for each amendment. The description shall compare in detail, for each amendment, the original product specification and, where relevant, the original single document with the amended version proposed.

That application shall be self-sufficient. It shall contain all amendments to the product specification and, where relevant, to the single document for which approval is sought.

An application for an amendment which is not minor that does not comply with the first and the second subparagraphs shall not be admissible. The Commission shall inform the applicant if the application is deemed inadmissible.

The approval by the Commission of an application for an amendment to a product specification which is not minor shall only cover the amendments as included in the application itself.

2.   Applications for a minor amendment to a product specification concerning protected designations of origin or protected geographical indications shall be submitted to the authorities of the Member State the geographical area of the designation or indication relates to. Applications for a minor amendment of a product specification concerning traditional specialities guaranteed shall be submitted to the authorities of the Member State in which the group is established. If the application for a minor amendment of a product specification does not come from the group which had submitted the application for registration of the name or names the product specification refers to, the Member State shall give that group the opportunity to make comments on the application if that group still exists. If the Member State considers that the requirements of Regulation (EU) No 1151/2012 and of the provisions adopted pursuant thereto are met, it may lodge a minor amendment application dossier with the Commission. Applications for a minor amendment to a product specification concerning products originating in third countries may be submitted by a group having a legitimate interest either directly to the Commission or via the authorities of that third country.

The application for a minor amendment shall only propose minor amendments in the meaning of Article 53(2) of Regulation (EU) No 1151/2012. It shall describe those minor amendments, provide a summary of the reason an amendment is required and show that the proposed amendments qualify as minor in accordance with Article 53(2) of Regulation (EU) No 1151/2012. It shall compare, for each amendment, the original product specification and, where relevant, the original single document with the amended version proposed. The application shall be self-sufficient and shall contain all amendments to the product specification and, where relevant, to the single document for which approval is sought.

Minor amendments referred to in the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 shall be deemed approved if the Commission does not inform the applicant otherwise within three months from the reception of the application.

An application for a minor amendment that does not comply with the second subparagraph of this paragraph shall not be admissible. Tacit approval referred to in the third subparagraph of this paragraph shall not apply to such applications. The Commission shall inform the applicant if the application is deemed inadmissible within three months from the reception of the application.

The Commission shall make public the approved minor amendment to a product specification not implying a modification of the elements referred to in Article 50(2) of Regulation (EU) No 1151/2012.

3.   The procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 shall not apply to amendments concerning a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities.

Those amendments shall be communicated to the Commission together with the reasons for them not later than two weeks following approval. Temporary amendments to a product specification concerning protected designations of origin or protected geographical indications shall be communicated to the Commission by the authorities of the Member State the geographical area of the designation or indication relates to. Temporary amendments to a product specification concerning traditional specialities guaranteed shall be communicated to the Commission by the authorities of the Member State in which the group is established. Temporary amendments concerning products originating in third countries shall be communicated to the Commission either by a group having a legitimate interest or by the authorities of that third country. Member States shall publish temporary amendments to the product specification. In communications concerning a temporary amendment to a product specification relating to a protected designation of origin or a protected geographical indication, Member States shall only enclose the reference to the publication. In communications concerning a temporary amendment to a product specification relating to a traditional speciality guaranteed, they shall enclose the temporary amendment to the product specification as published. In communications concerning products originating in third countries the approved temporary amendments to the product specification shall be sent to the Commission.. Evidence of the sanitary and phytosanitary measures and a copy of the act recognising natural disasters or adverse weather conditions shall be provided in all communications for temporary amendments from Member States and third countries. The Commission shall make public such amendments.

Article 7

Cancellation

1.   The procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 shall apply mutatis mutandis to the cancellation of a registration as referred to in the first and second subparagraphs of Article 54(1) of that Regulation.

2.   Member States shall be allowed to submit a request for cancellation on their own initiative pursuant to the first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012.

3.   The request for cancellation shall be made public pursuant to the second paragraph of Article 50(1) of Regulation (EU) No 1151/2012.

4.   Reasoned statements of opposition as regards cancellation shall be admissible only if they show continued commercial reliance by an interested person on the registered name.

Article 8

Transitional rules

1.   In respect of protected designations of origin and protected geographical indications registered prior to 31 March 2006, the Commission shall, at the request of a Member State, publish a single document submitted by that Member State in the Official Journal of the European Union. That publication shall be accompanied by the reference of publication of the product specification.

2.   Until 3 January 2016 the following rules shall apply:

Article 9

Repeal

Regulations (EC) No 1898/2006 and (EC) No 1216/2007 are repealed.

Article 10

Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Article 5 shall only apply to opposition procedures for which the three-month period established in the first subparagraph of Article 51(1) of Regulation (EU) No 1151/2012 has not expired on the date of entry into force of this Regulation.

(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ L 93, 31.3.2006, p. 1.

(3)  OJ L 93, 31.3.2006, p. 12.

(4)  OJ L 369, 23.12.2006, p. 1.

(5)  OJ L 275, 19.10.2007, p. 3.

ANNEX

Union symbol for ‘Protected designation of origin’

Union symbol for ‘Protected geographical indication’

Union symbol for ‘Traditional speciality guaranteed’

COMMISSION DELEGATED REGULATION (EU) No 665/2014

of 11 March 2014

supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to conditions of use of the optional quality term ‘mountain product’

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 31(3) and (4) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Products of animal origin

1.   The term ‘mountain product’ may be applied to products produced by animals in mountain areas as defined in Article 31(2) of Regulation (EU) No 1151/2012 and processed in such areas.

2.   The term ‘mountain product’ may be applied to products made from animals that are reared for at least the last two thirds of their life in those mountain areas, if the products are processed in such areas.

3.   By way of derogation from paragraph 2, the term ‘mountain product’ may be applied to products made from transhumant animals that have been reared for at least one quarter of their life in transhumance grazing on pastures in mountain areas.

Article 2

Feedstuffs

1.   For the purposes of Article 31(1)(a) of Regulation (EU) No 1151/2012, feedstuffs for farm animals shall be deemed to come essentially from mountain areas if the proportion of the annual animal diet that cannot be produced in mountain areas, expressed as a percentage of dry matter, does not exceed 50 % and, in the case of ruminants, 40 %.

2.   By way of derogation from paragraph 1, as regards pigs, the proportion of feedstuffs that cannot be produced in mountain areas, expressed as a percentage of dry matter, shall not exceed 75 % of the annual animal diet.

3.   Paragraph 1 shall not apply to feedstuffs for transhumant animals referred to in Article 1(3) when reared outside mountain areas.

Article 3

Products of beekeeping

1.   The term ‘mountain product’ may be applied to products of beekeeping if the bees have collected the nectar and the pollen only in mountain areas.

2.   By way of derogation from Article 31(1)(a) of Regulation (EU) No 1151/2012, sugar fed to bees shall not be required to come from mountain areas.

Article 4

Products of plant origin

By way of derogation from Article 31(1)(a) of Regulation (EU) No 1151/2012, the term ‘mountain product’ may be applied to products of plant origin only if the plant is grown in mountain areas as defined in Article 31(2) of Regulation (EU) No 1151/2012.

Article 5

Ingredients

When used in products referred to in Articles 1 and 4, the following ingredients may come from outside mountain areas, provided that they do not represent more than 50 % of the total weight of the ingredients:

Article 6

Processing operations outside mountain areas

1.   By way of derogation from Article 31(1)(b) of Regulation (EU) No 1151/2012 and Article 1(1) and (2) of this Regulation, the following processing operations may take place outside mountain areas, provided that the distance from the mountain area in question does not exceed 30 km:

2.   As regards products processed on their territory, Member States may determine that the derogation in paragraph 1, point (a) will not apply or that the processing facilities must be located within a distance, to be specified, of less than 30 km from the mountain area in question.

Article 7

Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

(1)  OJ L 343, 14.12.2012, p. 1.

COMMISSION DELEGATED REGULATION (EU) No 666/2014

of 12 March 2014

establishing substantive requirements for a Union inventory system and taking into account changes in the global warming potentials and internationally agreed inventory guidelines pursuant to Regulation (EU) No 525/2013 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (1), and in particular Article 6(2) and Article 7(6)(b) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

1.   The Union greenhouse gas inventory is the sum of Member States' greenhouse gas emissions from sources and removals by sinks for the territory of the European Union in accordance with Article 52 of the Treaty on European Union and is established on the basis of the Member States' greenhouse gas inventories, as reported pursuant to Article 7 of Regulation (EU) No 525/2013, for the complete time series of inventory years.

2.   This Regulation lays down rules on the requirements for a Union inventory system, further specifying rules on the preparation and administration of the Union greenhouse gas inventory including rules on cooperation with the Member States during the annual reporting process and the United Nations Framework Convention on Climate Change (UNFCCC) inventory review.

3.   This Regulation also lays down rules with regard to the global warming potential values and the internationally agreed inventory guidelines to be used by the Member States and the Commission in the determination and reporting of the greenhouse gas inventory.

Article 2

Union greenhouse gas inventory

1.   In preparing and administering the Union greenhouse gas inventory, the Commission shall strive to ensure:

2.   The Commission and the Member States shall strive to increase the comparability of Member States' greenhouse gas inventories.

Article 3

Union greenhouse gas inventory quality assurance and quality control programme

1.   The Union quality assurance and quality control programme referred to in Article 6(1)(a) of Regulation (EU) No 525/2013 shall complement the quality assurance and quality control programmes implemented by the Member States.

2.   Member States shall ensure the quality of activity data, emission factors and other parameters used for their national greenhouse gas inventory including by applying Articles 6 and 7.

3.   Member States shall provide to the Commission and to the European Environment Agency all relevant information from their archives set up and managed in accordance with paragraph 16(a) of Annex to Decision 19/CMP.1 of the Conference of the Parties to the UNFCCC serving as the meeting of the Parties to the Kyoto Protocol, if required during the UNFCCC review of the Union greenhouse gas inventory.

Article 4

Gap filling

1.   The Commission estimates for data missing from a Member State's greenhouse gas inventory as referred to in Article 9(2) of Regulation (EU) No 525/2013 shall be based on the following methodologies and data:

2.   The Commission shall prepare the estimates referred to in paragraph 1 by 31 March of the reporting year in consultation with the Member State concerned.

3.   The Member State concerned shall use the estimates referred to in paragraph 1 for its national submission to the UNFCCC Secretariat of 15 April to ensure consistency between the Union greenhouse gas inventory and the Member States' greenhouse gas inventories.

Article 5

Timescales for cooperation and coordination during the annual reporting process and the UNFCCC review

1.   When a Member State intends to re-submit its inventory to the UNFCCC Secretariat by 27 May, that Member State shall report the same inventory in advance to the Commission by 8 May. The information as reported to the Commission shall not differ from the submission to the UNFCCC Secretariat.

2.   When a Member State intends to make any other re-submission of its inventory to the UNFCCC Secretariat after 27 May that contains information different from that already reported to the Commission, that Member State shall report such information to the Commission no later than within one week of re-submitting it to the UNFCCC Secretariat.

3.   A Member State shall report the following information to the Commission:

4.   The services of the Commission shall provide a summary of the information referred to in paragraph 3 to all Member States.

5.   The services of the Commission shall provide the Member States with the information referred to in paragraph 3 applying that paragraph mutatis mutandis to the Union greenhouse gas inventory.

6.   Any corrections referred to in point (b) of paragraph 3 as regards the Union greenhouse gas inventory submission shall be made in cooperation with the relevant Member State.

7.   Where adjustments are applied to a Member State's greenhouse gas inventory under the compliance mechanism of the Kyoto Protocol, that Member State shall coordinate with the Commission its response to the review process in relation to obligations under Regulation (EU) No 525/2013 within the following timeframes:

8.   During the UNFCCC review week of the Union inventory, Member States shall provide as soon as possible answers relating to the issues under their responsibility pursuant to Article 4(2) and (3) of this Regulation to the questions raised by the UNFCCC reviewers.

Article 6

Greenhouse Gas Inventory Guidelines

Member States and the Commission shall determine greenhouse gas inventories referred to in paragraphs 1 to 5 of Article 7 of Regulation (EU) No 525/2013 in accordance with:

Article 7

Global Warming Potentials

Member States and the Commission shall use the global warming potentials listed in Annex III to Decision 24/CP.19 of the Conference of the Parties to the UNFCCC for the purpose of determining and reporting greenhouse gas inventories pursuant to paragraphs 1 to 5 of Article 7 of Regulation (EU) No 525/2013 and the Union greenhouse gas inventory.

Article 8

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2015.

(1)  OJ L 165, 18.6.2013, p. 13.

(2)  Council Decision 94/69/EC of 15 December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change (OJ L 33, 7.2.1994, p. 11).

(3)  Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (OJ L 130, 15.5.2002, p. 1).

(4)  Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1).

COMMISSION DELEGATED REGULATION (EU) No 667/2014

of 13 March 2014

supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to rules of procedure for penalties imposed on trade repositories by the European Securities and Markets Authority including rules on the right of defence and temporal provisions

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Article 64(7) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down rules of procedure regarding fines and periodic penalty payments to be imposed by the European Securities and Markets Authority (ESMA) on trade repositories or other persons that are subject to ESMA's investigation and enforcement proceedings, including rules on the right of defence and limitation periods.

Article 2

Right to be heard by the investigation officer

1.   Upon completion of the investigation and before submitting the file to ESMA pursuant to Article 3(1), the investigation officer shall inform the person subject to investigation in writing stating its findings and shall provide that person with the opportunity to make written submissions pursuant to paragraph 3. That statement of findings shall set out the facts liable to constitute one or more of the infringements listed in Annex I of Regulation (EU) No 648/2012, including any aggravating or mitigating factors of those infringements.

2.   The statement of findings shall set a reasonable time limit within which the person subject to investigation may make its written submissions. The investigation officer shall not be obliged to take into account written submissions received after that time limit has expired.

3.   In its written submissions, the person subject to investigation may set out all the facts known to it which are relevant to its defence. It shall attach any relevant documents as proof of the facts set out. It may propose that the investigation officer hear other persons who may corroborate the facts set out in the submissions of the person subject to investigation.

4.   The investigation officer may also invite a person subject to investigation to which a statement of findings has been addressed to attend an oral hearing. The persons subject to investigation may be assisted by their lawyers or other qualified persons admitted by the investigation officer. Oral hearings shall not be held in public.

Article 3

Right to be heard by ESMA with regard to fines and supervisory measures

1.   The complete file to be submitted by the investigation officer to ESMA shall include at least the following documents:

2.   Where ESMA considers that the file submitted by the investigation officer is not complete, it shall send back the file to the investigation officer with reasoned request for additional documents.

3.   Where ESMA considers, on the basis of a complete file, that the facts described in the statement of findings appear not to constitute an infringement with the meaning of Annex I of Regulation (EU) No 648/2012, it shall decide to close the case and it shall notify that decision to the persons subject to investigation.

4.   Where ESMA does not agree with the findings of the investigation officer it shall submit a new statement of findings to the persons subject to investigation.

The statement of findings shall set a reasonable time limit within which the persons subject to investigation may make written submissions. ESMA shall not be obliged to take into account written submissions received after the expiry of that time limit for adopting a decision on the existence of an infringement and on supervisory measures and the imposition of a fine in accordance with Article 65 and 73 of Regulation (EU) No 648/2012.

ESMA may also invite the persons subject to investigation to which a statement of findings has been addressed to attend an oral hearing. The persons subject to investigation may be assisted by their lawyers or other qualified persons admitted by ESMA. Oral hearings shall not be held in public.

5.   Where ESMA agrees with all or some of the findings of the investigation officer it shall inform the persons subject to investigation accordingly. Such communication shall set a reasonable time limit within which the person subject to investigation may make written submissions. ESMA shall not be obliged to take into account written submissions received after the expiry of that time limit for adopting a decision on the existence of an infringement and on supervisory measures and the imposition of a fine in accordance with Article 65 and 73 of Regulation (EU) No 648/2012.

ESMA may also invite the persons subject to investigation to which a statement of findings has been addressed to attend an oral hearing. The persons subject to investigation may be assisted by their lawyers or other qualified persons admitted by ESMA. Oral hearings shall not be held in public.

6.   If ESMA decides that one or more of the infringements listed in Annex I to Regulation (EU) No 648/2012 has been committed by a person subject to investigation and has adopted a decision imposing a fine in accordance with Article 65, it shall notify immediately that decision to the person subject to investigation.

Article 4

Right to be heard by ESMA with regard to periodic penalty payments

Before making a decision imposing a periodic penalty payment according to Article 66 of Regulation (EU) No 648/2012, ESMA shall submit a statement of findings to the person subject to the proceedings setting out the reasons justifying the imposition of a penalty payment and the amount of the penalty payment per day of non-compliance. The statement of findings shall set a time limit within which the person concerned may make written submissions. ESMA shall not be obliged to take into account written submissions received after the expiry of that time limit for deciding on the periodic penalty payment.

Once the trade repository or person concerned has complied with the relevant decision referred to in Article 66(1) of Regulation (EU) No 648/2012, a periodic penalty payment can no longer be imposed.

The decision imposing a periodic penalty payment shall indicate the legal basis and the reasons for the decision, the amount and the starting date of the periodic penalty payment.

ESMA may also invite the person subject to the proceedings to attend an oral hearing. The person subject to the proceedings may be assisted by their lawyers or other qualified persons admitted by ESMA. Oral hearings shall not be held in public.

Article 5

Access to the file and use of documents

1.   If so requested, ESMA shall grant access to the file to the parties to whom the investigation officer or ESMA has sent a statement of findings. Access shall be granted following the notification of any statement of findings.

2.   File documents accessed pursuant to paragraph 1 shall be used only for the purposes of judicial or administrative proceedings concerning the application of Regulation (EU) No 648/2012.

Article 6

Limitation periods for the imposition of penalties

1.   The powers conferred on ESMA to impose fines and periodic penalty payments on trade repositories shall be subject to a limitation period of five years.

2.   The limitation period referred to in paragraph 1 shall begin to run on the day following that on which the infringement is committed. However, in the case of continuing or repeated infringements, that limitation period shall begin to run on the day on which the infringement ceases.

3.   Any action taken by ESMA for the purpose of the investigation or proceedings in respect of an infringement of Regulation (EU) No 648/2012 shall interrupt the limitation period for the imposition of fines and periodic penalty payments. That limitation period shall be interrupted with effect from the date on which the action is notified to the trade repository or the person subject to the investigation or proceedings in respect of an infringement of Regulation (EU) No 648/2012.

4.   Each interruption shall cause the limitation period to start running afresh. However, the limitation period shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without ESMA having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which limitation is suspended pursuant to paragraph 5.

5.   The limitation period for imposing fines and periodic penalty payments shall be suspended for as long as the decision of ESMA is the subject of proceedings pending before the Board of Appeal, in accordance with Article 58 of Regulation (EU) No 1095/2010, and before the Court of Justice of the European Union, in accordance with Article 69 of Regulation (EU) No 648/2012.

Article 7

Limitation periods for the enforcement of penalties

1.   The power of ESMA to enforce decisions taken pursuant to Articles 65 and 66 of Regulation (EU) No 648/2012 shall be subject to a limitation period of five years.

2.   The five-year period referred to in paragraph 1 shall start to run on the day following that on which the decision becomes final.

3.   The limitation period for the enforcement of penalties shall be interrupted by:

4.   Each interruption shall cause the limitation period to start running afresh.

5.   The limitation period for the enforcement of penalties shall be suspended for so long as:

Article 8

Collection of fines and periodic penalty payments

The amounts of fines and periodic penalty payments collected by ESMA shall be lodged to an interest bearing account opened by the accounting officer of ESMA until such time as they become final. Such amounts shall not be entered in ESMA's budget or recorded as budgetary amounts.

Once ESMA's Accounting Officer has established that the fines or periodic penalty payments have become final following the outcome of all possible legal challenges he shall transfer those amounts plus any interest accruing to the Commission. These amounts shall then be entered in the Union budget under general revenue.

ESMA's Accounting Officer shall report on a regular basis to the Authorising Officer of DG MARKT on the amounts of fines and periodic penalty payments imposed and their status.

Article 9

Calculation of periods, dates and time limits

Regulation (EEC, Euratom) No 1182/71 shall apply to periods of time, dates and time limits set out in this Regulation.

Article 10

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

(1)  OJ L 201, 27.7.2012, p. 1.

(2)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

(3)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Article 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).

(4)  Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).

COMMISSION IMPLEMENTING REGULATION (EU) No 668/2014

of 13 June 2014

laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular the second subparagraph of Article 7(2), Article 11(3), the second subparagraph of Article 12(7), the second subparagraph of Article 19(2), Article 22(2), the second subparagraph of Article 23(4), Article 44(3), the second subparagraph of Article 49(7), the second subparagraph of Article 51(6), the second subparagraph of Article 53(3) and the second subparagraph of Article 54(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Specific rules for a name

1.   The name of a protected designation of origin, a protected geographical indication or a traditional speciality guaranteed shall be registered in its original script. Where the original script is not in Latin characters, a transcription in Latin characters shall be registered together with the name in its original script.

2.   Where the name of a traditional speciality guaranteed is accompanied by the claim referred to in Article 18(3) of Regulation (EU) No 1151/2012 and that claim is to be translated in the other official languages, such translations shall be included in the product specification.

Article 2

Definition of the geographical area

As regards protected designations of origin and protected geographical indications, the geographical area shall be defined in a precise way that presents no ambiguities, referring as far as possible to physical or administrative boundaries.

Article 3

Specific rules on feed

The product specification of a product of animal origin the name of which is registered as a protected designation of origin shall contain detailed rules on the origin and the quality of feed.

Article 4

Proof of origin

1.   The product specification for a protected designation of origin or a protected geographical indication shall identify the procedures which operators must have in place as regards the proof of origin concerning the product, raw materials, feed and other items that, according to the product specification, are required to come from the defined geographical area.

2.   Operators shall be able to identify:

Article 5

Description of several distinct products

Where the application for registration of a name or approval of an amendment describes several distinct products which are entitled to use that name, compliance with the requirements for registration shall be shown separately for each such product.

For the purposes of this Article, ‘distinct products’ mean products that, although using the same registered name, are differentiated when placed on the market or considered as different products by consumers.

Article 6

Procedural requirements for applications for registration

1.   The single document of a protected designation of origin or a protected geographical indication referred to in point (c) of Article 8(1) of Regulation (EU) No 1151/2012 shall include the information requested in Annex I to this Regulation. It shall be drawn up in accordance with the form provided for in that Annex. It shall be concise and not exceed 2 500 words, except in duly justified cases.

The reference to the publication of the product specification included in the single document shall lead to the version of the product specification as proposed.

2.   The product specification of a traditional speciality guaranteed referred to in Article 19 of Regulation (EU) No 1151/2012 shall include the information requested in Annex II to this Regulation. It shall be drawn up in accordance with the form provided for in that Annex.

3.   The date of submission of an application shall be the date on which the application is delivered to the Commission by electronic means. A delivery receipt shall be sent by the Commission.

Article 7

Specific rules for the description of the product and the production method

1.   The single document for an application for registration of a protected designation of origin or a protected geographical indication referred to in point (c) of Article 8(1) of Regulation (EU) No 1151/2012 shall identify the product by using definitions and standards commonly used for that product.

The description shall focus on the specificity of the product bearing the name to be registered, using measurement units and common or technical terms of comparison, without including technical characteristics inherent to all products of that type and related mandatory legal requirements applicable to all products of that type.

2.   The description of the product for a traditional speciality guaranteed referred to in point (b) of Article 19(1) of Regulation (EU) No 1151/2012 shall only mention the characteristics necessary to identify the product and its specific characteristics. It shall not repeat general obligations and, in particular, technical characteristics inherent to all products of that type and related mandatory legal requirements.

The description of the production method referred to in point (c) of Article 19(1) of Regulation (EU) No 1151/2012 shall only include the production method in force. Historical practices are only to be included if they are still followed. Only the method necessary for obtaining the specific product shall be described and in a way that enables reproduction of the product anywhere.

The key elements proving the product's traditional character shall include the main elements that have remained unchanged, with precise and well established references.

Article 8

Joint applications

A joint application as referred to in Article 49(1) of Regulation (EU) No 1151/2012 shall be submitted to the Commission by a Member State concerned, or by an applicant group in a third country concerned, directly or through the authorities of that third country. It shall include the declaration referred to in point (c) of Article 8(2) or point (b) of Article 20(2) of Regulation (EU) No 1151/2012 from all the Member States concerned. Requirements laid down in Articles 8 and 20 of Regulation (EU) No 1151/2012 shall be fulfilled in all Member States and third countries concerned.

Article 9

Procedural rules for oppositions

1.   For the purposes of Article 51(2) of Regulation (EU) No 1151/2012 a reasoned statement of opposition shall be drawn up in accordance with the form set out in Annex III to this Regulation.

2.   The period of three months referred to in the first subparagraph of Article 51(3) of Regulation (EU) No 1151/2012 shall start on the date on which the invitation to the interested parties to reach agreement among them is delivered by electronic means.

3.   The notification referred to in Article 5 of Delegated Regulation (EU) No 664/2014 and the communication of the information to be provided to the Commission pursuant to the second subparagraph of Article 51(3) of Regulation (EU) No 1151/2012 shall be made within one month from the end of the consultations in accordance with the form set out in Annex IV to this Regulation.

Article 10

Procedural requirements for amendments to a product specification

1.   Applications for approval of an amendment to the product specification for protected designations of origin and protected geographical indications which is not minor shall be drawn up in accordance with the form set out in Annex V. Those applications shall be completed in accordance with the requirements laid down in Article 8 of Regulation (EU) No 1151/2012. The amended single document shall be drawn up in accordance with the form set out in Annex I to this Regulation. The reference to the publication of the product specification in the amended single document shall lead to the updated version of the product specification proposed.

Applications for approval of an amendment to the product specification for traditional specialities guaranteed which is not minor shall be drawn up in accordance with the form set out in Annex VI to this Regulation. Those applications shall be completed in accordance with the requirements laid down in Article 20 of Regulation (EU) No 1151/2012. The amended product specification shall be drawn up in accordance with the form set out in Annex II to this Regulation.

The information to be published in accordance with Article 50(2) of Regulation (EU) No 1151/2012 shall contain the duly completed application as referred to in the first and second subparagraphs of this paragraph.

2.   Applications for approval of a minor amendment referred to in the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 shall be drawn up in accordance with the form set out in Annex VII to this Regulation.

Applications for approval of a minor amendment concerning protected designations of origin or protected geographical indications shall be accompanied by the updated single document, if amended, which shall be drawn up in accordance with the form set out in Annex I. The reference to the publication of the product specification in the amended single document shall lead to the updated version of the product specification proposed.

For applications originating in the Union, Member States shall include a declaration that they consider that the application meets the conditions of Regulation (EU) No 1151/2012 and of the provisions adopted pursuant thereto and the publication reference of the updated product specification. For applications originating in third countries, the group concerned or the third country's authorities shall enclose the updated product specification. Applications for a minor amendment in cases referred to in the fifth subparagraph of Article 6(2) of Delegated Regulation (EU) No 664/2014 shall include the reference to the publication of the updated product specification, for applications originating in Member States, and the updated product specification, for applications originating in third countries.

Applications for approval of a minor amendment concerning traditional specialities guaranteed shall be accompanied by the updated product specification drawn up in accordance with the form set out in Annex II. Member States shall include a declaration that they consider that the application meets the conditions of Regulation (EU) No 1151/2012 and of the provisions adopted pursuant thereto.

The information to be published in accordance with the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 shall contain the duly completed application as referred to in the first subparagraph of this paragraph.

3.   The communication to the Commission of a temporary amendment referred to in the second subparagraph of Article 6(3) of Delegated Regulation (EU) No 664/2014 shall be drawn up in accordance with the form set out in Annex VIII to this Regulation. It shall be accompanied by the documents as provided for in the second subparagraph of Article 6(3) of Delegated Regulation (EU) No 664/2014.

4.   The date of submission of an amendment application shall be the date on which the application is delivered to the Commission by electronic means. A delivery receipt shall be sent by the Commission.

Article 11

Cancellation

1.   A request for cancellation of a registration pursuant to Article 54(1) of Regulation (EU) No 1151/2012 shall be drawn up in accordance with the form set out in Annex IX to this Regulation.

Requests for cancellation shall be accompanied by the declaration referred to in point (c) of Article 8(2) or point (b) of Article 20(2) of Regulation (EU) No 1151/2012.

2.   The information to be published pursuant to Article 50(2) of Regulation (EU) No 1151/2012 shall contain the duly completed request for a cancellation as referred to in the first subparagraph of paragraph 1 of this Article.

Article 12

Means of submission

Applications, information and documents submitted to the Commission pursuant to Articles 6, 8, 9, 10, 11, and 15 shall be in electronic form.

Article 13

The use of symbols and indications

1.   The Union symbols as referred to in Articles 12(2) and 23(2) of Regulation (EU) No 1151/2012 and established by Article 2 of Delegated Regulation (EU) No 664/2014 shall be reproduced as laid down in Annex X to this Regulation.

2.   The indications ‘PROTECTED DESIGNATION OF ORIGIN’, ‘PROTECTED GEOGRAPHICAL INDICATION’ and ‘TRADITIONAL SPECIALITY GUARANTEED’ within the symbol may be used in any of the official languages of the Union as laid down in Annex X to this Regulation.

3.   Where the Union symbols, indications or corresponding abbreviations as referred to in Articles 12 and 23 of Regulation (EU) No 1151/2012 appear on the labelling of a product, they shall be accompanied by the registered name.

4.   Indications, abbreviations and symbols may be used in accordance with Article 44(1) of Regulation (EU) No 1151/2012 in media or in advertising supports for the purpose of divulgation of the quality scheme or of advertisement of the registered names.

5.   Products placed on the market before the entry into force of this Regulation which do not comply with paragraphs 1 and 2 may remain on the market until the stocks are exhausted.

Article 14

Register of protected designations of origin and protected geographical indications and Register of traditional specialities guaranteed

1.   Upon the entry into force of a legal instrument registering a protected designation of origin or a protected geographical indication the Commission shall record the following data in the Register of protected designations of origin and protected geographical indications referred to in Article 11(1) of Regulation (EU) No 1151/2012:

2.   Upon the entry into force of a legal instrument registering a traditional speciality guaranteed, the Commission shall record the following data in the Register of traditional specialities guaranteed referred to in Article 22(1) of Regulation (EU) No 1151/2012:

3.   Where the Commission approves an amendment to the product specification that includes a change to the information recorded in the Registers, it shall delete the original data and record the new data with effect from the entry into force of the decision approving the amendment.

4.   When a cancellation takes effect, the Commission shall delete the name from the Register concerned.

Article 15

Transitional rules

A request for publication of the single document submitted by a Member State pursuant to Article 8(1) of Delegated Regulation (EU) No 664/2014 in respect of a protected designation of origin or a protected geographical indication registered prior to 31 March 2006 shall be drawn up in accordance with the form set out in Annex I to this Regulation.

Article 16

Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Article 9(1) shall only apply to opposition procedures for which the three-month period established in the first subparagraph of Article 51(1) of Regulation (EU) No 1151/2012 has not started on the date of entry into force of this Regulation.

Article 9(3) shall only apply to opposition procedures for which the three-month period established in the first subparagraph of Article 51(1) of Regulation (EU) No 1151/2012 has not expired on the date of entry into force of this Regulation.

The first sentence of point 2 of Annex X shall apply from 1 January 2016, without prejudice to products already placed on the market before that date.

(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ L 93, 31.3.2006, p. 1.

(3)  OJ L 93, 31.3.2006, p. 12.

(4)  OJ L 369, 23.12.2006, p. 1.

(5)  OJ L 275, 19.10.2007, p. 3.

(6)  See p. 17 of this Official Journal.

ANNEX X

REPRODUCTION OF THE UNION SYMBOLS AND INDICATIONS FOR PDO PGI TSG

1.   Union symbols in colour

When used in colours, direct colours (Pantone) or four-colour process may be used. The reference colours are indicated below.

Union symbols in pantone:

Union symbols in four-colour process:

Contrast with background colours

If a symbol is used in colour on a coloured background, which makes it difficult to see, a delimiting outer circle around the symbol should be used to improve contrast with the background:

2.   Union symbols in black and white

Use of the symbols in black and white is allowed only when black and white are the only ink colours used on the package.

When used in black and white Union symbols are reproduced as follows:

Union symbols in black and white in negative

If the background of the packaging or labelling is dark, the symbols may be used in negative format as follows:

3.   Typography

Times Roman capitals must be used for the text.

4.   Reduction

The minimum size of the Union symbols is 15 mm in diameter, however, it may be reduced to 10 mm in case of small packages or products.

5.   ‘Protected Designation of Origin’ and its abbreviation in EU languages

EU Language | Term | Abbreviation |

BG | защитено наименование за произход | ЗНП |

ES | denominación de origen protegida | DOP |

CS | chráněné označení původu | CHOP |

DA | beskyttet oprindelsesbetegnelse | BOB |

DE | geschützte Ursprungsbezeichnung | g.U. |

ET | kaitstud päritolunimetus | KPN |

EL | προστατευόμενη ονομασία προέλευσης | ΠΟΠ |

EN | protected designation of origin | PDO |

FR | appellation d'origine protégée | AOP |

GA | bunús ainmníochta cosanta | BAC |

HR | zaštićena oznaka izvornosti | ZOI |

IT | denominazione d'origine protetta | DOP |

LV | aizsargāts cilmes vietas nosaukums | ACVN |

LT | saugoma kilmės vietos nuoroda | SKVN |

HU | oltalom alatt álló eredetmegjelölés | OEM |

MT | denominazzjoni protetta ta' oriġini | DPO |

NL | beschermde oorsprongsbenaming | BOB |

PL | chroniona nazwa pochodzenia | CHNP |

PT | denominação de origem protegida | DOP |

RO | denumire de origine protejată | DOP |

SK | chránené označenie pôvodu | CHOP |

SL | zaščitena označba porekla | ZOP |

FI | suojattu alkuperänimitys | SAN |

SV | skyddad ursprungsbeteckning | SUB |

6.   ‘Protected Geographical Indication’ and its abbreviation in EU languages

EU Language | Term | Abbreviation |

BG | защитено географско указание | ЗГУ |

ES | indicación geográfica protegida | IGP |

CS | chráněné zeměpisné označení | CHZO |

DA | beskyttet geografisk betegnelse | BGB |

DE | geschützte geografische Angabe | g.g.A. |

ET | kaitstud geograafiline tähis | KGT |

EL | προστατευόμενη γεωγραφική ένδειξη | ΠΓΕ |

EN | protected geographical indication | PGI |

FR | indication géographique protégée | IGP |

GA | sonra geografach cosanta | SGC |

HR | zaštićena oznaka zemljopisnog podrijetla | ZOZP |

IT | indicazione geografica protetta | IGP |

LV | aizsargāta ģeogrāfiskās izcelsmes norāde | AĢIN |

LT | saugoma geografinė nuoroda | SGN |

HU | oltalom alatt álló földrajzi jelzés | OFJ |

MT | indikazzjoni ġeografika protetta | IĠP |

NL | beschermde geografische aanduiding | BGA |

PL | chronione oznaczenie geograficzne | CHOG |

PT | indicação geográfica protegida | IGP |

RO | indicație geografică protejată | IGP |

SK | chránené zemepisné označenie | CHZO |

SL | zaščitena geografska označba | ZGO |

FI | suojattu maantieteellinen merkintä | SMM |

SV | skyddad geografisk beteckning | SGB |

7.   ‘Traditional Speciality Guaranteed’ and its abbreviation in EU languages

EU language | Term | Abbreviation |

BG | храна с традиционно специфичен характер | ХТСХ |

ES | especialidad tradicional garantizada | ETG |

CS | zaručená tradiční specialita | ZTS |

DA | garanteret traditionel specialitet | GTS |

DE | garantiert traditionelle Spezialität | g.t.S. |

ET | garanteeritud traditsiooniline toode | GTT |

EL | εγγυημένο παραδοσιακό ιδιότυπο προϊόν | Ε Π Ι Π |

EN | traditional speciality guaranteed | TSG |

FR | spécialité traditionnelle garantie | STG |

GA | speisialtacht thraidisiúnta ráthaithe | STR |

HR | zajamčeno tradicionalni specijalitet | ZTS |

IT | specialità tradizionale garantita | STG |

LV | garantēta tradicionālā īpatnība | GTI |

LT | garantuotas tradicinis gaminys | GTG |

HU | hagyományos különleges termék | HKT |

MT | speċjalità tradizzjonali garantita | STG |

NL | gegarandeerde traditionele specialiteit | GTS |

PL | gwarantowana tradycyjna specjalność | GTS |

PT | especialidade tradicional garantida | ETG |

RO | specialitate tradițională garantată | STG |

SK | zaručená tradičná špecialita | ZTŠ |

SL | zajamčena tradicionalna posebnost | ZTP |

FI | aito perinteinen tuote | APT |

SV | garanterad traditionell specialitet | GTS |

COMMISSION IMPLEMENTING REGULATION (EU) No 669/2014

of 18 June 2014

concerning the authorisation of calcium D-pantothenate and D-panthenol as feed additives for all animal species

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The substances specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘vitamins, pro-vitamins and chemically well-defined substances having similar effect’, are authorised as additives in animal nutrition subject to the conditions laid down in that Annex.

Article 2

The substances specified in the Annex and feed containing those substances, which are produced and labelled before 9 January 2015 in accordance with the rules applicable before 9 July 2014 may continue to be placed on the market and used until the existing stocks are exhausted.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

(1)  OJ L 268, 18.10.2003, p. 29.

(2)  OJ L 270, 14.12.1970, p. 1.

(3)  EFSA Journal 2011; 9(11):2409 and EFSA Journal 2011; 9(11):2410.

COMMISSION IMPLEMENTING REGULATION (EU) No 670/2014

of 18 June 2014

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 157, 15.6.2011, p. 1.