N.I. 111.19. Alcanzada nueva propuesta de acuerdo sobre el Brexit
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44. 2. Notwithstanding Article 4(4) and (5) of the Withdrawal Agreement, the prov isions of this Protocol referring to Union law or to concepts or provisions thereof shall in their implementation and application be interpreted in conformity with the relevant c ase law of the Court of Justice of the European Union. 3. Notwithstanding Article 6(1) of the Withdrawal Agreement, and unless otherwise provi ded, where this Protocol makes reference to a Union act, that reference shall be read as referring to that Union act as amended or replaced. 4. Where the Union adopts a new act that falls within the scope of this Protocol, but which neither amends nor replaces a Union act listed in the Annexes to this Protocol, t he Union shall inform the United Kingdom of the adoption of that act in the Joint Committee. Upon the request of the Union or the United Kingdom, the Joint Committee shall hold a n exchange of views on the implications of the newly adopted act for the proper function ing of this Protocol, within 6 weeks after the request. As soon as reasonably practical after the Union has informed the United Kingdom in the Joint Committee, the Joint Committee shall either: (a) adopt a decision adding the newly adopted act to the relevant Annex to this Proto col; or (b) where an agreement on adding the newly adopted act to the relevant Annex to thi s Protocol cannot be reached, examine all further possibilities to maintain the good functioning of this Protocol and take any decision necessary to this effect. If the Joint Committee has not taken a decision referred to in the second subparagraph wi thin a reasonable time, the Union shall be entitled, after giving notice to the United Kingd om, to take appropriate remedial measures. Such measures shall take effect at the earliest 6 months after the Union informed the United Kingdom in accordance with the first subparagraph, but in no event shall such measures take effect before the date on which the newly adopted act i s implemented in the Union. 5. By way of derogation from paragraph 1 of this Article and from Article 7 of the Withdrawal Agreement, unless the Union considers that full or partial access by the United Ki ngdom or the United Kingdom in respect of Northern Ireland, as the case may be, is strictly necessary to enable the United Kingdom to comply with its obligations under this Protocol, including where such access is necessary because access to the relevant information cannot be facilitated by the working group referred to in Article 15 of this Protocol or by any o ther practical means, in respect of access to any network, information system or database established on the basi s of Union law, references to Member States and competent authorities of Member States in provisions of Union law made applicable by this Protocol shall not be read as including the United Kingdom or the United Kingdom in respect of Northern Ireland, as the case may be. 6. Authorities of the United Kingdom shall not act as leading authority for risk assessments, examinations, approvals and authorisation procedures provided for in Union law made applicable by this Protocol. 7. Articles 346 and 347 TFEU shall apply to this Protocol as regards measures taken by a Member State or by the United Kingdom in respect of Northern Ireland.
94. ANNEX 6 PROCEDURES REFERRED TO IN ARTICLE 10(2) The Joint Committee shall determine the initial maximum exempted overall an nual level of support and the initial minimum percentage referred to in Article 10(2), taking into accou nt the most recent information available. The initial maximum exempted overall annual level of support shall be informed by the design of the United Kingdom's future agricultural support scheme as well as the annual average of the total amount of expenditure incurred in Northern Ireland un der the Common Agricultural Policy under the current MFF 2014-2020. The initial minimu m percentage shall be informed by the design of the United Kingdom's agricultural support scheme as well as by the percentage to which the overall expenditure under the Common Agricultural Polic y in the Union complied with the provisions of Annex 2 to the WTO Agreement on Agriculture as n otified for the period concerned. The Joint Committee shall adjust the level of support and percentage referred to in the fi rst paragraph informed by the design of the United Kingdom's agricultural support scheme to any variation in the overall amount of support available under the Common Ag ricultural Policy in the Union in each future Multiannual Financial Framework. If the Joint Committee fails to determine the initial level of support and p ercentage in accordance with the first paragraph, or fails to adjust the level of support and percentage in acco rdance with the second paragraph, by the end of the transition period or within 1 year of the entry i nto force of a future Multiannual Financial Framework, as the case may be, application of Article 10(2) shall be suspended until the Joint Committee has determined or adjusted the level of support and percentage. ________________
35. RECALLING the commitments of the Union and the United Kingdom reflected in the Joint Report from the negotiators of the European Union and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 TEU on the United Kingdom's o rderly withdrawal from the European Union of 8 December 2017, RECALLING that the Union and the United Kingdom have carried out a mapping exercise which sho ws that North-South cooperation relies to a significant extent on a common Union legal and policy framework, NOTING that therefore the United Kingdom's withdrawal from the Union gives rise to substantial challenges to the maintenance and development of North-South cooperation, RECALLING that the United Kingdom remains committed to protecting and supporting continued North-South and East-West cooperation across the full range of political, economic, security, societal and agricultural contexts and frameworks for cooperation, including the contin ued operation of the North-South implementation bodies, ACKNOWLEDGING the need for this Protocol to be implemented so as to main tain the necessary conditions for continued North-South cooperation, including for possib le new arrangements in accordance with the 1998 Agreement, RECALLING the Union's and the United Kingdom's commitments to the North South PEACE and INTERREG funding programmes under the current multi-annual financial framework and to the maintaining of the current funding proportions for the future programme, AFFIRMING the commitment of the United Kingdom to facilitate the efficient and timel y transit through its territory of goods moving from Ireland to another Member Stat e or to a third country, and vice versa, DETERMINED that the application of this Protocol should impact as little as possib le on the everyday life of communities in both Ireland and Northern Ireland, UNDERLINING their firm commitment to no customs and regulatory checks or controls and related physical infrastructure at the border between Ireland and Northern Ireland, RECALLING that Northern Ireland is part of the customs territory of the United Kingdo m and will benefit from participation in the United Kingdom's independent trade policy, HAVING REGARD to the importance of maintaining the integral place of Northern Ireland in the United Kingdom’s internal market, MINDFUL that the rights and obligations of Ireland under the rules of the Union's internal market and customs union must be fully respected, HA VE AGREED UPON the following provisions, which shall be annexed to the Withdrawal Agreement:
43. 3. The practical working arrangements relating to the exercise of the rights of Union representatives referred to in paragraph 2 shall be determined by the Joint Committee, upon proposal from the Specialised Committee. 4. As regards the second subparagraph of paragraph 2 of this Article, Article 5 and Articl es 7 to 10, the institutions, bodies, offices, and agencies of the Union shall in relation to the United Kingdom and natural and legal persons residing or established in the territory of the Un ited Kingdom have the powers conferred upon them by Union law. In particular, the Court of Justice of the European Union shall have the jurisdiction provided for in the Treatie s in this respect. The second and third paragraphs of Article 267 TFEU shall apply to and in the Uni ted Kingdom in this respect. 5. Acts of the institutions, bodies, offices, and agencies of the Union adopted in accordan ce with paragraph 4 shall produce in respect of and in the United Kingdom the same l egal effects as those which they produce within the Union and its Member States. 6. When representing or assisting a party in relation to administrative procedures arising from the exercise of the powers of the institutions, bodies, offices, and agencies of the Union referred to in paragraph 4, lawyers authorised to practise before the courts or tribunals of the United Kingdom shall in every respect be treated as lawyers authorised to practise befo re courts or tribunals of Member States who represent or assist a party in relation to such administrative procedures. 7. In cases brought before the Court of Justice of the European Union pursuant to paragraph 4: (a) the United Kingdom may participate in the proceedings before the Court of Ju stice of the European Union in the same way as a Member State; (b) lawyers authorised to practise before the courts or tribunals of the United Kingdom may represent or assist a party before the Court of Justice of the European Union in such proceedings and shall in every respect be treated as lawyers authorised to practise before courts or tribunals of Member States representing or assisting a party b efore the Court of Justice of the European Union. Article 13 Common provisions 1. For the purposes of this Protocol, any reference to the United Kingdom in the appl icable provisions of the Withdrawal Agreement shall be read as referring to the United Kingdom o r to the United Kingdom in respect of Northern Ireland, as the case may be. Notwithstanding any other provisions of this Protocol, any reference to the terri tory defined in Article 4 of Regulation (EU) No 952/2013 in the applicable provisions of th e Withdrawal Agreement and of this Protocol, as well as in the provisions of Union law made applicable to and in the United Kingdom in respect of Northern Ireland by this Protocol , shall be read as including the part of the territory of the United Kingdom to which Regulation (EU) No 952/2013 applies by virtue of Article 5(3) of this Protocol. Titles I and III of Part Three and Part Six of the Withdrawal Agreement shall apply wi thout prejudice to the provisions of this Protocol.
46. (b) the Union shall inform the United Kingdom about planned Union acts within the scope of this Protocol, including Union acts that amend or replace the Union acts li sted in the Annexes to this Protocol; (c) the Union shall provide to the United Kingdom all information the Unio n considers relevant to allow the United Kingdom to fully comply with its obligations under the Protocol; and (d) the United Kingdom shall provide to the Union all information that Member States are required to provide to one another or to the institutions, bodies, offices or agencies of the Union pursuant to the Union acts listed in the Annexes to this Protocol. 4. The working group shall be co-chaired by the Union and the United Kingdom. 5. The working group shall meet at least once a month, unless otherwise decided by the Union and the United Kingdom by mutual consent. Where necessary, the Union and the United Kingdom may exchange information referred to in points (c) and (d) of parag raph 3 between meetings. 6. The working group shall adopt its own rules of procedure by mutual consent. 7. The Union shall ensure that all views expressed by the United Kingdom in the workin g gro up and all information provided by the United Kingdom in the working group , including technical and scientific data, are communicated to the relevant institutions, bodies, offices and agenci es of the Union without undue delay. Article 16 Safeguards 1. If the application of this Protocol leads to serious economic, societal or environm ental difficulties that are liable to persist, or to diversion of trade, the Union o r the United Kingdom may unilaterally take appropriate safeguard measures. Such safeguard measures shall be restricted with regard to their scope and duration to what is strictly necessary in order to remedy the situation. Priority shall be given to such measures as will least disturb the functioning of this Protocol. 2. If a safeguard measure taken by the Union or the United Kingdom, as the case may be, in accordance with paragraph 1 creates an imbalance between the rights and obligations under this Protocol, the Union or the United Kingdom, as the case may be, may take such proportionate rebalancing measures as are strictly necessary to remedy the imbalance. Priori ty shall be given to such measures as will least disturb the functioning of this Protocol. 3. Safeguard and rebalancing measures taken in accordance with paragraphs 1 and 2 shall be governed by the procedures set out in Annex 7 to this Protocol.
48. (b) a weighted majority (60%) of Members of the Legislative Assembly present and voting, including at least 40% of each of the nationalist and unionist designatio ns present and voting. Article 19 Annexes Annexes 1 to 7 shall form an integral part of this Protocol.
95. ANNEX 7 PROCEDURES REFERRED TO IN ARTICLE 16(3) 1. Where the Union or the United Kingdom is considering taking safeguard measures under Article 16(1) of this Protocol, it shall, without delay, notify the Union or the United Kingdom, as the case may be, through the Joint Committee and shall provide all relevant information. 2. The Union and the United Kingdom shall immediately enter into consultatio ns in the Joint Committee with a view to finding a commonly acceptable solution. 3. The Union or the United Kingdom, as the case may be, may not take safeguard measures unti l 1 month has elapsed after the date of notification under point 1, unless the consultati on procedure under point 2 has been concluded before the expiration of the state l imit. When exceptional circumstances requiring immediate action exclude prior examination, the Un ion or the United Kingdom, as the case may be, may apply forthwith the protective measures strictly necessary to remedy the situation. 4. Th e Union or the United Kingdom, as the case may be, shall, without delay, notify the measures taken to the Joint Committee and shall provide all relevant information. 5. The safeguard measures taken shall be the subject of consultations in the Joint Com mittee every 3 months from the date of their adoption with a view to their aboli tion before the date of expiry envisaged, or to the limitation of their scope of application. The Unio n or the United Kingdom, as the case may be, may at any time request the Joint Committee to r eview such measures. 6. Points 1 to 5 shall apply, mutatis mutandis , to rebalancing measures referred to in Article 16(2) of this Protocol. ________________
8. 3 amount to the rights or obligations of membership, the Parties are agreed that the future relationship should be approached with high ambition with regard to its scope and depth, and recognise that this might evolve over time. Above all, it should be a relationship that will work in the interests of citizens of the Union and the United Kingdom, now and in the future.
39. (a) reimburse duties levied pursuant to the provisions of Union law made appli cable by paragraph 3 in respect of goods brought into Northern Ireland; (b) provide for circumstances in which a customs debt which has arisen is to be waiv ed in respect of goods brought into Northern Ireland; (c) provide for circumstances in which customs duties are to be reimbursed in res pect of goods that can be shown not to have entered the Union; and (d) compensate undertakings to offset the impact of the application of paragraph 3. In taking decisions under Article 10, the European Commission shall take the circumstances in Northern Ireland into account as appropriate. 7 . No dut ies shall be payable on consignments of negligible value, on consignm ents sent by one individual to another or on goods contained in travellers’ personal baggage, under the conditions set out in the legislation referred to in paragraph 3. Article 6 Protection of the UK internal market 1. Nothing in this Protocol shall prevent the United Kingdom from ensuring un fettered market access for goods moving from Northern Ireland to other parts of the United Kingdom' s internal market. Provisions of Union law made applicable by this Protocol which proh ibit or restrict the exp ortation of goods shall only be applied to trade between Northern Ireland a nd other parts of the United Kingdom to the extent strictly required by any international obl igations of the Union. The United Kingdom shall ensure full protection under internatio nal requirements and commitments that are relevant to the prohibitions and restrictions on the exportation of go ods from the Union to third countries as set out in Union law. 2. Having regard to Northern Ireland's integral place in the United Kingdom's intern al market, the Union and the United Kingdom shall use their best endeavours to facilitate the t rade between Northern Ireland and other parts of the United Kingdom, in accordance with applicab le legislation and taking into account their respective regulatory regimes as well as th e implementation thereof. The Joint Committee shall keep the application of thi s paragraph under constant review and shall adopt appropriate recommendations with a vi ew to avoiding controls at the ports and airports of Northern Ireland to the extent possible. 3. Nothing in this Protocol shall prevent a product originating from North ern Ireland from being presented as originating from the United Kingdom when placed on the market in Great Britain. 4. Nothing in this Protocol shall affect the law of the United Kingdom regulating the placing on the market in other parts of the United Kingdom of goods from Northern Ireland that comp ly with or benefit from technical regulations, assessments, registrations, certificates, approvals or authorisations governed by provisions of Union law referred to in Annex 2 to this Protocol.
42. of support and the minimum percentage shall be governed by the procedures set out in Annex 6. 3. Where the European Commission examines information regarding a measure by th e United Kingdom authorities that may constitute unlawful aid that is subject to paragraph 1, it shall ensure that the United Kingdom is kept fully and regularly informed of the progress an d outcome of the examination of that measure. Article 11 Other areas of North-South cooperation 1. Consistent with the arrangements set out in Articles 5 to 10, and in full respe ct of Union law, this Protocol shall be implemented and applied so as to maintain the necessary condi tions for continued North-South cooperation, including in the areas of environment, heal th, agriculture, transport, education and tourism, as well as in the areas of energy, telecommunications, broadcasting, inland fisheries, justice and security, higher education and sport. In full respect of Union law, the United Kingdom and Ireland may continue to make new arrangements that build on the provisions of the 1998 Agreement in other areas of North - South cooperation on the island of Ireland. 2. The Joint Committee shall keep under constant review the extent to which the implementa tion and application of this Protocol maintains the necessary conditions f or North-South cooperation. The Joint Committee may make appropriate recommendations to the Un ion and the United Kingdom in this respect, including on a recommendation from the Specialised Committee. Article 12 Implementation, application, supervision and enforcement 1. Without prejudice to paragraph 4, the authorities of the United Kingdom shall be resp onsible for implementing and applying the provisions of Union law made appli cable by this Protocol to and in the United Kingdom in respect of Northern Ireland. 2. Without prejudice to paragraph 4 of this Article, Union representatives shall have the ri ght to be present during any activities of the authorities of the United Kingdom related to the implementation and application of provisions of Union law made applicable by this Pr otocol, as well as activities related to the implementation and application of Article 5 , and the United Kingdom shall provide, upon request, all relevant information relating to su ch activities. The United Kingdom shall facilitate such presence of Union representatives and shall prov ide them with the information requested. Where the Union representative requests the authorities of the United Kingdom to carry out control measures in individual cases for duly stated reasons, the authorities of the United Kingdom shall carry out those control measures. The Union and the United Kingdom shall exchange information on the applica tion of Article 5 (1) and (2) on a monthly basis.
47. Article 17 Protection of financial interests The Union and the United Kingdom shall counter fraud and any other illegal activities affecting the financial interests of the Union or the financial interests of the United Kingdom. Article 18 Democratic consent in Northern Ireland 1. Within 2 months before the end of both the initial period and any subsequent p eriod, the United Kingdom shall provide the opportunity for democratic consent in No rthern Ireland to the continued application of Articles 5 to 10. 2. For the purposes of paragraph 1, the United Kingdom shall seek democratic consent in Northern Ireland in a manner consistent with the 1998 Agreement. A decision expressing democratic consent shall be reached strictly in accordance with the unilateral declaration made by the United Kingdom on [DATE], including with respect to the roles of the N orthern Ireland Executive and Assembly. 3. The United Kingdom shall notify the Union before the end of the relevant period referred to in paragraph 5 of the outcome of the process referred to in paragraph 1. 4. Where the process referred to in paragraph 1 has been undertaken and a decision has bee n reached in accordance with paragraph 2, and the United Kingdom notifies the Unio n that the outcome of the process referred to in paragraph 1 is not a decision that the Articles of this Protocol referred to in that paragraph should continue to apply in Northern Ireland, then those Articles and other provisions of this Protocol, to the extent that those provision s depend on those Articles for their application, shall cease to apply 2 years after the end of the relevant period referred to in paragraph 5. In such a case the Joint Committee shall address recommendations to the Union and to the United Kingdom on the necessar y measures, taking into account the obligations of the parties to the 1998 Agreement. Befor e do ing so, the Joint Committee may seek an opinion from institutions crea ted by the 1998 Agreement. 5. For the purposes of this Article, the initial period is the period ending 4 y ears after the end of the transition period. Where the decision reached in a given period was on the basis o f a majority of Members of the Northern Ireland Assembly, present and voting, the subsequent period is the 4 year period following that period, for as long as Articles 5 to 1 0 continue to apply. Where the decision reached in a given period had cross-community support, the subsequent period is the 8-year period following that period, for as long as Articles 5 to 10 continue to apply. 6. For the purposes of paragraph 5, cross-community support means: (a) a majority of those Members of the Legislative Assembly present and voting, including a majority of the unionist and nationalist designations present and voting; or
1. Nº 111 .1 9 Madrid, 17 de octubre de 2019 AL CA NZADA NUEVA PROPUESTA DE ACUERDO SOBRE EL BREXIT
40. Article 7 Technical regulations, assessments, registrations, certificates, approvals and authorisations 1. Without prejudice to the provisions of Union law referred to in Annex 2 to thi s Protocol, the lawfulness of placing goods on the market in Northern Ireland shall be governed by the law of the United Kingdom as well as, as regards goods imported from the Union, by Articles 34 and 36 TFEU. 2. Where provisions of Union law made applicable by this Protocol provide for the indication of a Member State, including in abbreviated form, in markings, labelling, tags, or by any other means, the United Kingdom in respect of Northern Ireland shall be indicated as ‘U K(NI)’ or ‘United Kingdom (Northern Ireland)’. Where provisions of Union law made appl icable by this Protocol provide for the indication in the form of a numeric code, the United Kingdom in respect of Northern Ireland shall be indicated with a distinguishable numeric code. 3. By way of derogation from Article 13(1) of this Protocol and from Article 7 of the Withdrawal Agreement, in respect of the recognition in one Member State of technical regulations, assessments, registrations, certificates, approvals and authorisations issued or carried out by the authorities of another Member State, or by a body established in another Member State, references to Member States in provisions of Union law made applicable by thi s Protocol shall not be read as including the United Kingdom in respect of Northern Ireland as regards technical regulations, assessments, registrations, certificates, approvals and authorisations issued or carried out by the authorities of the United Kingdom or by bodies established in the United Kingdom. The first subparagraph shall not apply to registrations, certifications, approvals and authorisations of sites, installations or premises in Northern Ireland issued or carried ou t by competent authorities of the United Kingdom, where the registration, certification, approval or authorisation may require an inspection of the sites, installations or premises. The first subparagraph shall not apply to veterinary certificates or official lab els for plant reproductive material that are required by provisions of Union law made applicable by this Protocol. The first subparagraph is without prejudice to the validity, in Northern Ireland, of assessments, registrations, certificates, approvals and authorisations issued or carried out, on the basis of provisions of Union law made applicable by this Protocol, by the comp etent authorities of the United Kingdom or by bodies established in the United Kingdom. Any con formity marking, logo or similar required by the provisions of Union law made applicable by this P rotocol which is affixed by economic operators based on the assessment, registration, certificate, approval o r authorisation issued by competent authorities of the United Kingdom or by bodies established in the United Kingdom shall be accompanied by the indication ‘UK(NI)’. The United Kingdom in respect of Northern Ireland may not initiate objection, safeguard or arbitration procedures provided for in provisions of Union law made appli cable by this Protocol to the extent that those procedures concern the technical regulations, standards, assessments, registrations, certificates, approvals and authorisations issued or carried out b y competent authorities of the Member States or by bodies established in Member States. The first subparagraph does not prevent the test and release by a qualified person in Northern Ireland of a batch of a medicinal product imported into or manufactured in Northern Ireland.
38. the purpose of preserving them in good condition or for adding or affi xing marks, labels, seals or any other documentation to ensure compliance with any specific requirements. Before the end of the transition period, the Joint Committee shall by decision establ ish the conditions under which processing is to be considered not to fall within point (a) of the first subparagraph, taking into account in particular the nature, scale and result of the processing. Before the end of the transition period, the Joint Committee shall by decision estab lish the criteria for considering that a good brought into Northern Ireland from outside the Union is not at risk of subsequently being moved into the Union. The Joint Committ ee shall take into consideration, inter alia : (a) the final destination and use of the good; (b) the nature and value of the good; (c) the nature of the movement; and (d) the incentive for undeclared onward-movement into the Union, in particular incentives resulting from the duties payable pursuant to paragraph 1. The Joint Committee may amend at any time its decisions adopted pursuant to this paragraph. In taking any decision pursuant to this paragraph, the Joint Committee shall have regard to the specific circumstances in Northern Ireland. 3. Legislation as defined in point (2) of Article 5 of Regulation (EU) No 952/2013 shall ap ply to and in the United Kingdom in respect of Northern Ireland (not including the territorial wa ters of the United Kingdom). However, the Joint Committee shall establish the conditions, in cluding in quantitative terms, under which certain fishery and aquaculture products, as set out in Annex I to Regulation (EU) 1379/2013 of the European Parliament and of the Council 2 , brought into the customs territory of the Union defined in Article 4 of Regulation (EU) No 952/2013 by vessels flying the flag of the United Kingdom and having their port of registration in Northern Ireland are exempted from duties. 4. The provisions of Union law listed in Annex 2 to this Protocol shall also apply, under the conditions set out in that Annex, to and in the United Kingdom in respect of Northern Ireland. 5. Articles 30 and 110 TFEU shall apply to and in the United Kingdom in resp ect of Northern Ireland. Quantitative restrictions on exports and imports shall be prohibi ted between the Union and Northern Ireland. 6. Customs duties levied by the United Kingdom in accordance with paragraph 3 are not remitted to the Union. Subject to Article 10, the United Kingdom may in particular: 2 Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 Dece mber 2013 on the common organisation of the markets in fishery and aquaculture products amendi ng Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
20. 15 standards, environment, climate change, and relevant tax matters. The Parties should in particular maintain a robust and comprehensive framework for competition and state aid control that prevents undue distortion of trade and competition; commit to the principles of good governance in the area of taxation and to the curbing of harmful tax practices; and maintain environmental, social and employment standards at the current high levels provided by the existing common standards. In so doing, they should rely on appropriate and relevant Union and international standards, and include appropriate mechanisms to ensure effective implementation domestically, enforcement and dispute settlement. The future relationship should also promote adherence to and effective implementation of relevant internationally agreed principles and rules in these domains, including the Paris Agreement.
36. Article 1 Objectives 1. This Protocol is without prejudice to the provisions of the 1998 Agreement i n respect of the constitutional status of Northern Ireland and the principle of consent, which provid es that any change in that status can only be made with the consent of a majority of its people. 2. This Protocol respects the essential State functions and territorial integrity of the Un ited Kingdom. 3. This Protocol sets out arrangements necessary to address the unique circumstances on the island of Ireland, to maintain the necessary conditions for continued North -South cooperation, to avoid a hard border and to protect the 1998 Agreement in all its dimension s. Article 2 Rights of individuals 1. The United Kingdom shall ensure that no diminution of rights, safeguards or equalit y of opportunity, as set out in that part of the 1998 Agreement entitled Rights, Safegu ards and Equality of Opportunity results from its withdrawal from the Union, including in the area of protection against discrimination, as enshrined in the provisions of Union law listed in Annex 1 to this Protocol, and shall implement this paragraph through dedicated mechanisms. 2. The United Kingdom shall continue to facilitate the related work of the institutions and bodies set up pursuant to the 1998 Agreement, including the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland and the Joint Comm ittee of representatives of the Human Rights Commissions of Northern Ireland and Ireland, in upholding human rights and equality standards. Article 3 Common Travel Area 1. The United Kingdom and Ireland may continue to make arrangements between themselves relating to the mo vement of persons between their territories (the ‘Common Travel Area’), while fully respecting the rights of natural persons conferred by Union law. 2. The United Kingdom shall ensure that the Common Travel Area and the rights and privilege s associated therewith can continue to apply without affecting the obligations of Ireland under Union law, in particular with respect to free movement to, from and within Ireland fo r Union citizens and their family members, irrespective of their nationality.
83. – Council Regulation (EC) No 2368/2002 of 20 December 2002 implementin g the Kimberley Process certification scheme for the international trade in rough diamond s 288 – Restrictive measures in force based on Article 215 TFEU, insofar as they relate to trade in goods between the Union and third countries ________________ 288 OJ L 358, 31.12.2002, p. 28.
32. 27 141. Following the United Kingdom’s withdrawal from the Union, the Parties will convene to take stock of progress with the aim of agreeing actions to move forward in negotiations on the future relationship. In particular, the Parties will convene at a high level in June 2020 for this purpose.
41. Article 8 VAT and excise The provisions of Union law listed in Annex 3 to this Protocol concerning go ods shall apply to and in the United Kingdom in respect of Northern Ireland. In respect of Northern Ireland, the authorities of the United Kingdom shall be responsible for the application and the implementation of the provisions listed in Annex 3 t o this Protocol, including the collection of VAT and excise duties. Under the conditions set out in those provisions, revenues resulting from transactions taxable in Northern Ireland shall not be remitted to the Union. By way of derogation from the first paragraph, the United Kingdom may apply to sup plies of goods taxable in Northern Ireland VAT exemptions and reduced rates that are applicable in Irel and in accordance with provisions listed in Annex 3 to this Protocol. The Joint Committee shall regularly discuss the implementation of this Article , including as concerns the reductions and exemptions provided for in the provisions referred to in the first paragraph, and shall, where appropriate, adopt measures for its proper application, as necessary. The Joint Committee may review the application of this Article, taking into account Northern Ireland’s integral place in the United Kingdom’s inter nal market, and may adopt appropriate measures as necessary. Article 9 Single electricity market The provisions of Union law governing wholesale electricity markets listed in Ann ex 4 to this Protocol shall apply, under the conditions set out in that Annex, to and in the United Kingdom in respect of Northern Ireland. Article 10 State aid 1. The provisions of Union law listed in Annex 5 to this Protocol shall app ly to the United Kingdom, including with regard to measures supporting the production of and trade in agricultural products in Northern Ireland, in respect of measures which affect that trade between Northern Ireland and the Union which is subject to this Protocol. 2. Notwithstanding paragraph 1, the provisions of Union law referred to in that paragraph shall not apply with respect to measures taken by the United Kingdom authorities to support the production of and trade in agricultural products in Northern Ireland up to a det ermined maximum overall annual level of support, and provided that a determined min imum percentage of that exempted support complies with the provisions of Annex 2 to the WTO Agreement on Agriculture. The determination of the maximum exempted overall annual level
45. 8. Any subsequent agreement between the Union and the United Kingdom shall indi cate the parts of this Protocol which it supersedes. Once a subsequent agreement between the Union and the United Kingdom becomes applicable after the entry into force of the Withdrawal Agreement, this Protocol shall then, from the date of application of such subsequent agreement and in accordance with the provisions of that agreement setting out the effect of that agreement on this Protocol, not apply or shall cease to apply, as the case may be, in whole or in part. Article 14 Specialised Committee The Committee on issues related to the implementation of the Protocol on Ir eland/Northern Ireland established by Article 165 of the Withdrawal Agreement (‘Specialised Committee’) shall: (a) facilitate the implementation and application of this Protocol; (b) examine proposals concerning the implementation and application of this Pr otocol from the North-South Ministerial Council and North-South Implementation bodies set up under the 1998 Agreement; (c) consider any matter of relevance to Article 2 of this Protocol brought to its attention by the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland, and the Joint Committee of representatives of the Human Rights Commissions of No rthern Ireland and Ireland; (d) discuss any point raised by the Union or the United Kingdom that is of relevanc e to this Protocol and gives rise to a difficulty; and (e) make recommendations to the Joint Committee as regards the functioning of this Protocol. Article 15 Joint consultative working group 1. A joint consultative working group on the implementation of this Protocol (‘working group’) is hereby established. It shall serve as a forum for the exchange of information and mutual consultation. 2. The working group shall be composed of representatives of the Union and the United Ki ngdom and shall carry out its functions under the supervision of the Specialised Committe e, to which it shall report. The working group shall have no power to take binding decisions other than the power to adopt its own rules of procedure referred to in paragraph 6. 3. Within the working group: (a) the Union and the United Kingdom shall, in a timely manner, exchange info rmation about planned, ongoing and final relevant implementation measures in rela tion to the Union acts listed in the Annexes to this Protocol;
34. PROTOCOL ON IRELAND/NORTHERN IRELAND The Union and the United Kingdom, HAVING REGARD to the historic ties and enduring nature of the bilateral relationship between Ireland and the United Kingdom, RECALLING that the United Kingdom's withdrawal from the Union presents a significan t and unique challenge to the island of Ireland, and reaffirming that the achievements, benefits and commitments of the peace process will remain of paramount importance to peace, stability and reconci liation there, RECOGNISING that it is necessary to address the unique circumstances on the island of Ireland through a unique solution in order to ensure the orderly withdrawal of the United Ki ngdom from the Union, AFFIRMING that the Good Friday or Belfast Agreement of 10 April 1998 between the Government o f the United Kingdom, the Government of Ireland and the other participants in the mul ti-party negotiations (the ‘1998 Agreement’), which is annexed to the British -Irish Agreement of the same date (the ‘British - Irish Agreement’), including its subsequent implementation agreements and arrangements, should be protected in all its parts, RECOGNISING that cooperation between Northern Ireland and Ireland is a central part of the 1998 Agreement and is essential for achieving reconciliation and the normalisation of rel ationships on the island of Ireland, and recalling the roles, functions and safeguards of the Northern Ireland Executive, the Northern Ireland Assembly and the North-South Ministerial Council (includin g cross-community provisions), as set out in the 1998 Agreement, NOTING that Union law has provided a supporting framework for the provisions on Rig hts, Safeguards and Equality of Opportunity of the 1998 Agreement, RECOGNISING that Irish citizens in Northern Ireland, by virtue of their Union citizenship, wi ll continue to enjoy, exercise and have access to rights, opportunities and benefits, and that this Protoco l should respect and be without prejudice to the rights, opportunities and identity that come with citizenship of the Union for the people of Northern Ireland who choose to assert their right to Iri sh citizenship, as defined in Annex 2 of the British- Irish Agreement ‘Declaration on the Provisions of Paragraph (vi) of Article 1 in Relation to Citizenship’, EMPHASISING that in order to ensure democratic legitimacy, there should be a process to ensu re democratic consent in Northern Ireland to the application of Union law under this Protocol , RECALLING the commitment of the United Kingdom to protect North-South cooperatio n and its guarantee of avoiding a hard border, including any physical infrastructure or related checks and controls, NOTING that nothing in this Protocol prevents the United Kingdom from ensuring unfettered market access for goods moving from Northern Ireland to the rest of the United Kingdom's internal market, UNDERLINING the Union's and the United Kingdom's shared aim of avoiding controls at the ports and airports of Northern Ireland, to the extent possible in accordance with applicab le legislation and taking into account their respective regulatory regimes as well as the implementation thereof,
37. Article 4 Customs territory of the United Kingdom Northern Ireland is part of the customs territory of the United Kingdom. Accordingly, nothing in this Protocol shall prevent the United Kingdom from including Northern Ireland in the territorial scope of any agreements it may conclude with third countries, provided that those agreements do not prejudice the application of this Protocol. In particular, nothing in this Protocol shall prevent the United Kingdom fro m concluding agreements with a third country that grant goods produced in Northern Ireland preferential access to that country’s market on the same terms as goods produced in other parts of the United Kingdom. Nothing in this Protocol shall prevent the United Kingdom from includi ng Northern Ireland in th e territorial scope of its Schedules of Concessions annexed to the General Agreement on Tariff s and Trade 1994. Article 5 Customs, movement of goods 1. No customs duties shall be payable for a good brought into Northern Ireland from an other part of the United Kingdom by direct transport, notwithstanding paragraph 3, unless that go od is at risk of subsequently being moved into the Union, whether by itself or forming part of another good following processing. The customs duties in respect of a good being moved by direct transport to N orthern Ireland other than from the Union or from an other part of the United Kingdom shall be the duties applicable in the United Kingdom, notwithstanding paragraph 3, unless that good is at risk of subsequently being moved into the Union, whether by itself or forming part of ano ther good following processing. No duties shall be payable by, as relief shall be granted to, residents of the United Kingdom for personal property, as defined in point (c) of Article 2(1) of Council Regulation 1 186/2009 1 , brought into Northern Ireland from an other part of the United Kingdom. 2. For the purposes of the first and second subparagraph of paragraph 1, a good broug ht into Northern Ireland from outside the Union shall be considered to be at risk of sub sequently being moved into the Union unless it is established that that good: (a) will not be subject to commercial processing in Northern Ireland; and (b) fulfils the criteria established by the Joint Committee in accordance with the fourth subparagraph of this paragraph. For the purposes of this paragraph, ‘processing’ mean s any alteration of goods , any transformation of goods in any way, or any subjecting of goods to operatio ns other than for 1 Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (OJ L 324, 10.12.2009, p. 23 ).
30. 25 III. E XCEPTIONS AND SAFEGUARDS 133. The future relationship should provide for appropriate exceptions regarding security; national security is the sole responsibility of the Member States of the Union and the United Kingdom respectively. 134. The future relationship should address the possibility for a Party to activate temporary safeguard measures that would otherwise be in breach of its commitments in case of circumstances of significant economic, societal or environmental difficulties. This should be subject to strict conditions and include the right for the other Party to rebalancing measures. The proportionality of measures taken will be subject to independent arbitration.
27. 22 V. C LASSIFIED AND SENSITIVE NON - CLASSIFIED INFORMATION 116. The Parties agree to conclude a Security of Information Agreement, along with Implementing Arrangements, that would provide for reciprocal guarantees for the handling an d protection of the Parties' classified information. 117. Where necessary, the Parties should set out the terms for the protection of sensitive non- classified information provided and exchanged between them
10. 5 and education, overseas development and external action, defence capabilities, civil protection and space. These should include a fair and appropriate financial contribution, provisions allowing for sound financial management by both Parties, fair treatment of participants, and management and consultation appropriate to the nature of the cooperation between the Parties. 12. The Parties will also explore the participation of the United Kingdom to the European Research Infrastructure Consortiums (ERICs), subject to the conditions of the Union legal instruments and individual ERIC statutes, and taking into account the level of participation of the United Kingdom in Union programmes on science and innovation. 13. The Parties recall their shared commitment to delivering a future PEACE PLUS programme to sustain work on reconciliation and a shared future in Northern Ireland, maintaining the current funding proportions for the future programme. B. Dialogues 14. The Parties should engage in dialogue and exchanges in areas of shared interest, with the view to identifying opportunities to cooperate, share best practice and expertise, and act together, including in areas such as culture, education, science and innovation. In these areas, the Parties recognise the importance of mobility and temporary movement of objects and equipment in enabling cooperation. The Parties will also explore ongoing cooperation between culture and education related groups. 15. In addition, the Parties note the United Kingdom's intention to explore options for a future relationship with the European Investment Bank (EIB) Group.
3. El resto del borrador de Acuerdo, que fue negociado por el anterior equipo ministerial liderado por la entonces Primera Ministra Theresa May , no varía. A falta de hacer una evaluación exhaustiva de los documentos, los principales rasgos la propuesta acordada, según informó Barnier en rueda de prensa, son: • Con el Acuerdo de Retirada habría un periodo de transición hasta diciembre de 2020, en el que Reino Unido estaría aún sometido a la legislación comunitaria. Aunque este periodo, según Barnier, podría alargarse uno o dos años más si así se acuerda. • Si para el final del periodo transitorio (diciembre de 2020 prorrogable dos años) no se ha logrado un Acuerdo comercial total entre la UE y Reino Unido, se activaría un mecanismo de salvaguarda (el llamado “backstop”) para evitar una frontera dura en la isla de Irlanda. Este supondría: a) Irlanda del Norte saldría del espacio aduanero europeo al igual que el resto del país, pero estaría alineada durante cuatro años con la normativa del mercado interior europeo sobre un conjunto de áreas: todo s los bienes, normativa sanitaria para controles veterinarios, sobre producción agrícola, comercialización, IVA e impuestos especiales sobre bienes y normas sobre ayudas estatales. b) Para evitar una frontera aduanera en la isla, los controles de los bienes se realizarían al entrar en territorio británico y no en Irlanda. Estos controles serían realizados por las autoridades británicas, que aplicarán normas aduaneras de la UE en Irlanda del Norte para los productos que sean susceptibles de llegar/salir al mercado interior europeo. Es decir, aunque Irlanda del Norte esté bajo normas aduaneras británicas, se replicará la normativa europea necesaria sobre aduanas y tarifas bajo la supervisión del Tribunal de Justicia de la UE.
6. 17 October 2019 TF50 (2019) 65 – Commission to EU 27 Subject: Revised text of the Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom as agreed at negotiators’ level on 17 October 2019 , to replace the one published in OJ C 66I of 19.2.2019. Origin: European Commission, Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU. Published on the TF50 website on 17 October 2019
5. que el Consejo Europeo lo pueda refrendar formalmente y pueda entrar en vigor. En este sentido, sigue existiendo el riesgo de que, al igual que ya pasó con el borrador de Acuerdo de Retirada de noviembre de 2018, el nuevo pacto vuelva a ser bloqueado por el Parlamento británico. Teniendo en cuenta las declaraciones contrarias al mismo por parte del DUP - Partido Unionista Democrático de Irlanda del Norte- y la profunda división interna de los partidos políticos británicos, resulta complicado que Boris Johnson obtenga la mayoría operativa necesaria de 320 votos. Según ha informado Johnson, este sábado 19 de octubre habrá una sesión extraordinaria al respecto en la Cámara de los Comunes . Fuente: CEOE Bruselas C/ Príncipe de Vergara, 74, 3 planta - 28006 MADRID Tlf.: 91 451 48 01 / 07 – Fax: 91 395 28 23 E-mail: [email protected] Nota: Prohibida la edición, distribución y puesta en red, total o parcial, de esta información si n la autorización de A ST IC
12. 7 B. Tariffs 22. The economic partnership should through a Free Trade Agreement ensure no tariffs, fees, charges or quantitative restrictions across all sectors with appropriate and modern accompanying rules of origin, and with ambitious customs arrangements that are in line with the Parties' objectives and principles above. C. Regulatory aspects 23. While preserving regulatory autonomy, the Parties will put in place provisions to promote regulatory approaches that are transparent, efficient, promote avoidance of unnecessary barriers to trade in goods and are compatible to the extent possible. Disciplines on technical barriers to trade (TBT) and sanitary and phytosanitary measures (SPS) should build on and go beyond the respective WTO agreements. Specifically, the TBT disciplines should set out common principles in the fields of standardisation, technical regulations, conformity assessment, accreditation, market surveillance, metrology and labelling. The Parties should treat one another as single entities as regards SPS measures, including for certification purposes, and recognise regionalisation on the basis of appropriate epidemiological information provided by the exporting party. The Parties will also explore the possibility of cooperation of United Kingdom authorities with Union agencies such as the European Medicines Agency (EMA), the European Chemicals Agency (ECHA), and the European Aviation Safety Agency (EASA). D. Customs 24. The Parties will put in place ambitious customs arrangements, in pursuit of their overall objectives. In doing so, the Parties envisage making use of all available facilitative arrangements and technologies, in full respect of their legal orders and ensuring that customs authorities are able to protect the Parties' respective financial interests and enforce public policies. To this end, they intend to consider mutual recognition of trusted traders' programmes, administrative cooperation in customs and value added tax (VAT) matters and mutual assistance, including for the recovery of claims related to taxes and duties, and through the exchange of information to combat customs and VAT fraud and other illegal activity. 25. Such facilitative arrangements and technologies will also be considered in alternative arrangements for ensuring the absence of a hard border on the island of Ireland. E. Implications for checks and controls 26. The Parties envisage that the extent of the United Kingdom's commitments on customs and regulatory cooperation would be taken into account in the application of related checks and controls, considering this as a factor in reducing risk. This, combined with the use of all available facilitative arrangements as described above, may allow for the facilitation of administrative processes as well as checks and controls, and the Parties note in this context
24. 19 B. Sanctions 97. While pursuing independent sanctions policies driven by their respective foreign policies, the Parties recognise sanctions as a multilateral foreign policy tool and the benefits of close consultation and cooperation. 98. Consultation on sanctions should include the exchange of information on listings and their justification, development, implementation and enforcement, as well as technical support, and dialogue on future designations and regimes. Where foreign policy objectives that underpin a specific future sanction regime are aligned between the Parties, intensified exchange of information at appropriate stages of the policy cycle of this sanctions regime will take place, with the possibility of adopting sanctions that are mutually reinforcing. C. Operations and missions 99. The Parties welcome close cooperation in Union-led crisis management missions and operations, both civilian and military. The future relationship should therefore enable the United Kingdom to participate on a case by case basis in CSDP missions and operations through a Framework Participation Agreement. Such an agreement would be without prejudice to the decision-making autonomy of the Union or the sovereignty of the United Kingdom, and the United Kingdom will maintain the right to determine how it would respond to any invitation or option to participate in operations or missions. 100. Where, following early consultation and exchange of information through the Political Dialogue, the United Kingdom indicates its intention to contribute to a planned CSDP mission or operation open to third countries, the Parties should intensify interaction and exchange of information at relevant stages of the planning process and proportionately to the level of United Kingdom's contribution. This would allow the United Kingdom to best tailor its contribution and provide timely expertise. 101. As a contributor to a specific CSDP mission or operation, the United Kingdom would participate in the Force Generation conference, Call for Contributions, and the Committee of Contributors meeting to enable sharing of information about the implementation of the mission or operation. It should also have the possibility, in case of CSDP military operations, to second staff to the designated Operations Headquarters proportionate to the level of its contribution. D. Defence capabilities development 102. The future relationship should benefit from research and industrial cooperation between the Parties' entities in specific European collaborative projects to facilitate interoperability and to promote joint effectiveness of Armed Forces. In this regard, while both Parties should preserve their respective strategic autonomy and freedom of action underpinned by their respective robust domestic defence industrial bases, the Parties agree to consider the following to the extent possible under the conditions of Union law:
7. 2 POLITICAL DECLARATION SETTING OUT THE FRAMEWORK FOR THE FUTURE RELATIONSHIP BETWEEN THE EUROPEAN UNION AND THE UNITED KINGD OM INTRODUCTION 1. The European Union, hereafter referred to as 'the Union', and the United Kingdom of Great Britain and Northern Ireland, hereafter referred to as 'the United Kingdom', ('the Parties') have agreed this political declaration on their future relationship, on the basis that Article 50(2) of the Treaty on European Union (TEU) provides for the negotiation of an agreement setting out the arrangements for the withdrawal of a departing Member State, taking account of the framework for its future relationship with the Union. In that context, this declaration accompanies the Withdrawal Agreement that has been endorsed by the Parties, subject to ratification. 2. The Union and United Kingdom are determined to work together to safeguard the rules- based international order, the rule of law and promotion of democracy, and high standards of free and fair trade and workers' rights, consumer and environmental protection, and cooperation against internal and external threats to their values and interests. 3. In that spirit, this declaration establishes the parameters of an ambitious, broad, deep and flexible partnership across trade and economic cooperation with a comprehensive and balanced Free Trade Agreement at its core, law enforcement and criminal justice, foreign policy, security and defence and wider areas of cooperation. Where the Parties consider it to be in their mutual interest during the negotiations, the future relationship may encompass areas of cooperation beyond those described in this political declaration. This relationship will be rooted in the values and interests that the Union and the United Kingdom share. These arise from their geography, history and ideals anchored in their common European heritage. The Union and the United Kingdom agree that prosperity and security are enhanced by embracing free and fair trade, defending individual rights and the rule of law, protecting workers, consumers and the environment, and standing together against threats to rights and values from without or within. 4. The future relationship will be based on a balance of rights and obligations, taking into account the principles of each Party. This balance must ensure the autonomy of the Union's decision making and be consistent with the Union's principles, in particular with respect to the integrity of the Single Market and the Customs Union and the indivisibility of the four freedoms. It must also ensure the sovereignty of the United Kingdom and the protection of its internal market, while respecting the result of the 2016 referendum including with regard to the development of its independent trade policy and the ending of free movement of people between the Union and the United Kingdom. 5. The period of the United Kingdom's membership of the Union has resulted in a high level of integration between the Union's and the United Kingdom's economies, and an interwoven past and future of the Union's and the United Kingdom's people and priorities. The future relationship will inevitably need to take account of this unique context. While it cannot
2. Nº 111 .1 9 Madrid, 17 de octubre de 2019 AL CA NZADA NUEVA PROPUESTA DE ACUERDO SOBRE EL BREXIT Ante las recientes noticias aparecidas en los medios de comunicación sobre la posibilidad de que finalmente la salida del Reino de Unido el día de 1 de noviembre no se produzca de forma abrupta sino bajo las condiciones de un acuerdo pactado, numerosos afiliados nos han mostrado su inquietud sobre las diferentes posibilidades reales para esta eventualidad. Con este motivo le hacemos llegar las más recientes informaciones que hemos podido recoger de la rueda de prensa recién celebrada en Bruselas y en las oficinas de CEOE Bruselas, en concreto el resumen que se hace de la situación desde esa sede de la patronal española es: 1. El todavía Presidente de la Comisión Europea, Jean Claude Juncker; el Jefe Negociador de la Unión Europea para el Brexit, Michel Barnier; y el Primer Ministro británico, Boris Johnson ; han anunciado a primera hora de la tarde de hoy que se ha logrado una nueva propuesta de acuerdo entre los negociadores británicos y europeos sobre la salida de Reino Unido de la UE. 2. Los tres han coincidido en señalar que esta propuesta es “justa, razonable y equilibrada” para la UE y Reino Unido; y Juncker recomienda al Consejo Europeo que se celebra esta misma tarde que lo respalde. En particular, esta propuesta supone una revisión tanto del Acuerdo de Retirada en cuanto a modificaciones sobre el Protocolo en la isla de Irlanda, como de la Declaración Política sobre las relaciones futuras. En resumen, la propuesta supone revisar, por un lado, la parte del borrador de Acuerdo de Retirada relativa a la frontera irlandesa, es decir, el Protocolo relativo a la isla de Irlanda, y, por otro, la declaración política sobre las relaciones futuras entre Reino Unido y la UE .
22. 17 A. Data exchange 83. Recognising that effective and swift data sharing and analysis is vital for modern law enforcement, the Parties agree to put in place arrangements that reflect this, in order to respond to evolving threats, disrupt terrorism and serious criminality, facilitate investigations and prosecutions, and ensure the security of the public. 84. The Parties should establish reciprocal arrangements for timely, effective and efficient exchanges of Passenger Name Record (PNR) data and the results of processing such data stored in respective national PNR processing systems, and of DNA, fingerprints and vehicle registration data (Prüm). 85. The Parties should consider further arrangements appropriate to the United Kingdom's future status for data exchange, such as exchange of information on wanted or missing persons and objects and of criminal records, with the view to delivering capabilities that, in so far as is technically and legally possible, and considered necessary and in both Parties' interests, approximate those enabled by relevant Union mechanisms. B. Operational cooperation between law enforcement authorities and judicial cooperation in criminal matters 86. The Parties recognise the value in facilitating operational cooperation between the United Kingdom's and Member States' law enforcement and judicial authorities, and will therefor e work together to identify the terms for the United Kingdom's cooperation via Europol and Eurojust. 87. The Parties should establish effective arrangements based on streamlined procedures and time limits enabling the United Kingdom and Member States to surrender suspected and convicted persons efficiently and expeditiously, with the possibilities to waive the requirement of double criminality, and to determine the applicability of these arrangements to own nationals and for political offences. 88. The Parties should consider further arrangements appropriate to the United Kingdom's future status for practical cooperation between law enforcement authorities, and between judicial authorities in criminal matters, such as joint investigation teams, with the view to delivering capabilities that, in so far as is technically and legally possible, and considered necessary and in both Parties' interests, approximate those enabled by relevant Union mechanisms. C. Anti-money laundering and counter-terrorism financing 89. The Parties agree to support international efforts to prevent and fight against money laundering and terrorist financing, particularly through compliance with Financial Action Task Force (FATF) standards and associated cooperation. The Parties agree to go beyond the FATF standards with regard to beneficial ownership transparency and ending the
17. 12 X. T RANSPORT A. Aviation 58. The Parties should ensure passenger and cargo air connectivity through a Comprehensive Air Transport Agreement (CATA). The CATA should cover market access and investment, aviation safety and security, air traffic management, and provisions to ensure open and fair competition, including appropriate and relevant consumer protection requirements an d social standards. 59. The Parties should make further arrangements to enable cooperation with a view to high standards of aviation safety and security, including through close cooperation between EASA and the United Kingdom's Civil Aviation Authority (CAA). B. Road transport 60. The Parties should ensure comparable market access for freight and passenger road transport operators, underpinned by appropriate and relevant consumer protection requirements and social standards for international road transport, and obligations deriving from international agreements in the field of road transport to which both the United Kingdom and the Union and/or its Member States are signatories, notably concerning conditions to pursue the occupation of a road transport operator, certain conditions of employment in international road transport, rules of the road, passenger carriage by road and carriage of dangerous goods by road. In addition, the Parties should consider complementary arrangements to address travel by private motorists. C. Rail transport 61. The Parties agree that bilateral arrangements should be established, as appropriate, for cross- border rail services, including to facilitate the continued smooth functioning and operation of rail services, such as the Belfast-Dublin Enterprise Line and services through the Channel Tunnel. D. Maritime transport 62. The Parties note that passenger and cargo connectivity in the maritime transport sector will be underpinned by the international legal framework. The Parties should also mak e appropriate arrangements on market access for international maritime transport services. 63. The future relationship should facilitate cooperation on maritime safety and security, including exchange of information between the European Maritime Safety Agency (EMSA) and the United Kingdom Maritime and Coastguard Agency (MCA), consistent with the United Kingdom's status as a third country.
13. 8 their wish to be as ambitious as possible, while respecting the integrity of their respective markets and legal orders. III. S ERVICES AND INVESTMENT A. Objectives and principles 27. The Parties should conclude ambitious, comprehensive and balanced arrangements on trade in services and investment in services and non-services sectors, respecting each Party's right to regulate. The Parties should aim to deliver a level of liberalisation in trade in services well beyond the Parties' World Trade Organization (WTO) commitments and building on recent Union Free Trade Agreements (FTAs). 28. In line with Article V of the General Agreement on Trade in Services, the Parties should aim at substantial sectoral coverage, covering all modes of supply and providing for the absence of substantially all discrimination in the covered sectors, with exceptions and limitations as appropriate. The arrangements should therefore cover sectors including professional and business services, telecommunications services, courier and postal services, distribution services, environmental services, financial services, transport services and other services of mutual interest. B. Market access and non-discrimination 29. The arrangements should include provisions on market access and national treatment under host state rules for the Parties' service providers and investors, as well as address performance requirements imposed on investors. This would ensure that the Parties' services providers and investors are treated in a non-discriminatory manner, including with regard to establishment. 30. The arrangements should allow for the temporary entry and stay of natural persons for business purposes in defined areas. C. Regulatory aspects 31. While preserving regulatory autonomy, the arrangements should include provisions to promote regulatory approaches that are transparent, efficient, compatible to the extent possible, and which promote avoidance of unnecessary regulatory requirements. 32. In this context, the Parties should agree disciplines on domestic regulation. These should include horizontal provisions such as on licensing procedures, and specific regulatory provisions in sectors of mutual interest such as telecommunication services, financial services, delivery services, and international maritime transport services. There should also be provisions on the development and adoption of domestic regulation that reflect good regulatory practices.
29. 24 B. Management, administration and supervision 126. The Parties should establish a Joint Committee responsible for managing and supervising the implementation and operation of the future relationship, facilitating the resolution of disputes as set out below, and making recommendations concerning its evolution. 127. The Joint Committee should comprise the Parties' representatives at an appropriate level, establish its own rules of procedures, reach decisions by mutual consent, and meet as often as required to fulfil its tasks. As necessary, it could establish specialised sub-committees to assist it in the performance of its tasks. C. Interpretation 128. In full respect of the autonomy of the Parties' legal orders, the Union and the United Kingdom will seek to ensure the consistent interpretation and application of the future relationship. D. Dispute settlement 129. The Parties should first make every attempt to resolve any matter concerning the operation of the future relationship through discussion and consultation , including through the Joint Committee, if necessary for formal resolution. The Agreement should include appropriate arrangements for dispute settlement and enforcement, including provisions for expedient problem-solving such as, in certain areas, a flexible mediation mechanism. Such a mediation mechanism would be without prejudice to the Parties' rights and obligations or to dispute settlement provided for under the Agreement. 130. Unless otherwise provided, the Joint Committee may agree to refer the dispute to an independent arbitration panel at any time, and either Party should be able to do so where the Joint Committee has not arrived at a mutually satisfactory resolution within a defined period of time. The decisions of the independent arbitration panel will be binding on the Parties. 131. Th e Parties indicate that should a dispute raise a question of interpretation of provisions or concepts of Union law, which may also be indicated by either Party, the arbitration panel should refer the question to the Court of Justice of the European Union (CJEU) as the sole arbiter of Union law, for a binding ruling as regards the interpretation of Union law. Conversely, there should be no reference to the CJEU where a dispute does not raise such a question. 132. The future relationship will also set out the conditions under which temporary remedies in case of non compliance can be taken, in particular obligations arising from parts of any agreement between the Union and the United Kingdom may be suspended in response to a breach by the other Party, including as foreseen in Articles 178 and 179 of the Withdrawal Agreement.
18. 13 XI. E NERGY A. Electricity and Gas 64. The Parties should cooperate to support the delivery of cost efficient, clean and secure supplies of electricity and gas, based on competitive markets and non-discriminatory access to networks. 65. The Parties should establish a framework to facilitate technical cooperation between electricity and gas networks operators and organisations, such as the European Networks of Transmission System Operators for Electricity and Gas, in the planning and use of energy infrastructure connecting their systems. The framework should also include mechanisms to ensure as far as possible security of supply and efficient trade over interconnectors over different timeframes. B. Civil Nuclear 66. Recognising the importance of nuclear safety and non-proliferation, the future relationship should include a wide-ranging Nuclear Cooperation Agreement between the European Atomic Energy Community (Euratom) and the United Kingdom on peaceful uses of nuclear energy, underpinned by commitments to their existing high standards of nuclear safety. The agreement should enable cooperation between Euratom and the United Kingdom and its national authorities. This should include exchange of information in areas of mutual interest such as safeguards, safety and cooperation with the International Atomic Energy Agency (IAEA). It should facilitate trade in nuclear materials and equipment, and provide for the participation of the United Kingdom as a third country in Union systems for monitoring and exchanging information on levels of radioactivity in the environment, namely the European Community Urgent Radiological Information Exchange and the European Radiological Data Exchange Platform. 67. The Parties note the United Kingdom's intention to be associated with the Euratom research and training programmes as provided for in Section II of Part I. 68. The Parties note that the Euratom Supply Agency intends to reassess in a timely manner the authorisations and approvals of contracts for the supply of nuclear material between Union and United Kingdom undertakings which it has co-signed. 69. The Parties will also cooperate through the exchange of information on the supply of medical radioisotopes. C. Carbon pricing 70. The Parties should consider cooperation on carbon pricing by linking a United Kingdom national greenhouse gas emissions trading system with the Union's Emissions Trading System.
4. c) El plan mantiene la integridad del mercado único en cuanto al IVA para evitar distorsión sobre el mercado interior de bienes. d) Habría un “mecanismo de consentimiento”: tras los cuatro años de aplicación de este protocolo de mecanismo de salvaguarda, las autoridades de Irlanda del Norte (Asamblea norirlandesa) tendrán el poder de decidir por mayoría simple si se mantiene lo pactado. Para Barnier, se trata de dar “apoyo democrático” y garantizar la paz en la isla irlandesa. • Sobre la revisión de la Declaración política sobre el marco de negociación de las futuras relaciones, el principal cambio es que las relaciones económicas se ceñirían sólo en lograr un Acuerdo de Libre Comercio ambicioso (sin aranceles ni cuotas), sin crear un posible territorio aduanero también, como sí se contemplaba en la versión de noviembre de 2018. En los archivos adjuntos puede usted encontrar: • Documento de la propuesta del nuevo Acuerdo de Retirada. • Documento de la propuesta sobre la Declaración política revisada. • La Carta del Presidente de la Comisión Europea, Jean-Claude Juncker, al Presidente del Consejo Europeo, Donald Tusk, alentando a que el Consejo Europeo respalde dicha propuesta. Próximos pasos: Teniendo en cuenta que la fecha oficial de salida de Reino Unido de la UE sigue siendo el próximo 31 de octubre y que, por tanto, el tiempo apremia, esta propuesta de acuerdo será abordada en el Consejo Europeo (Artículo 50) de esta tarde, en donde es previsible que los Jefes de Estado y/o Gobierno la respalden. Tras la luz verde del Consejo Europeo, la siguiente etapa será que el acuerdo resultante sea ratificado en la Cámara de los Comunes , en el lado británico, y el Parlamento Europeo , en el lado europeo, antes de
14. 9 33. In this context, the Parties should establish a framework for voluntary regulatory cooperation in areas of mutual interest, including exchange of information and sharing of best practice. 34. The Parties should also develop appropriate arrangements on those professional qualifications which are necessary to the pursuit of regulated professions, where in the Parties' mutual interest. IV. F INANCIAL SERVICES 35. The Parties are committed to preserving financial stability, market integrity, investor and consumer protection and fair competition, while respecting the Parties' regulatory and decision-making autonomy, and their ability to take equivalence decisions in their own interest. This is without prejudice to the Parties' ability to adopt or maintain any measure where necessary for prudential reasons. The Parties agree to engage in close cooperation on regulatory and supervisory matters in international bodies. 36. Noting that both Parties will have equivalence frameworks in place that allow them to declare a third country's regulatory and supervisory regimes equivalent for relevant purposes, the Parties should start assessing equivalence with respect to each other under these frameworks as soon as possible after the United Kingdom's withdrawal from the Union, endeavouring to conclude these assessments before the end of June 2020. The Parties will keep their respective equivalence frameworks under review. 37. The Parties agree that close and structured cooperation on regulatory and supervisory matters is in their mutual interest. This cooperation should be grounded in the economic partnership and based on the principles of regulatory autonomy, transparency and stability. It should include transparency and appropriate consultation in the process of adoption, suspension and withdrawal of equivalence decisions, information exchange and consultation on regulatory initiatives and other issues of mutual interest, at both political and technical levels. V. D IGITAL 38. In the context of the increasing digitalisation of trade covering both services and goods, the Parties should establish provisions to facilitate electronic commerce, address unjustified barriers to trade by electronic means, and ensure an open, secure and trustworthy online environment for businesses and consumers, such as on electronic trust and authentication services or on not requiring prior authorisation solely on the grounds that the service is provided by electronic means. These provisions should also facilitate cross-border data flows and address unjustified data localisation requirements, noting that this facilitation will not affect the Parties' personal data protection rules.
23. 18 anonymity associated with the use of virtual currencies, including through obliging virtual currency exchanges and custodian wallet providers to apply customer due diligence controls. III. F OREIGN POLICY , SECURITY AND DEFENC E 90. The Parties support ambitious, close and lasting cooperation on external action to protect citizens from external threats, including new emerging threats, prevent conflicts, strengthen international peace and security, including through the United Nations and NATO, and address the root causes of global challenges such as terrorism or illegal migration. They will champion a rules-based international order and project their common values worldwide. 91. The Parties will promote sustainable development and the eradication of poverty. In this regard, they will continue to support the implementation of the United Nations Sustainable Development Goals and the European Consensus on Development. 92. The Parties will shape and pursue their foreign policies according to their respective strategic and security interests, and their respective legal orders. When and where these interests are shared, the Parties should cooperate closely at the bilateral level and within international organisations. The Parties should design flexible and scalable cooperation that would ensure that the United Kingdom can combine efforts with the Union to the greatest effect, including in times of crisis or when serious incidents occur. 93. To this end, the future relationship should provide for appropriate dialogue, consultation, coordination, exchange of information and cooperation mechanisms. It should also allow for secondment of experts where appropriate and in the Parties' mutual interest. A. Consultation and cooperation 94. The Parties should establish structured consultation and regular thematic dialogues identifying areas and activities where close cooperation could contribute to the attainment of common objectives. 95. In this regard, the Political Dialogue on Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CSDP) as well as sectoral dialogues would enable flexible consultation between the Parties at different levels (ministerial, senior official, working). The High Representative may, where appropriate, invite the United Kingdom to informal Ministerial meetings of the Member States of the Union. 96. The Parties should seek to cooperate closely in third countries, including on security, consular provision and protection, and development projects, as well as in international organisations and fora, notably in the United Nations. This should allow the Parties, where relevant, to support each other's positions, deliver external action and manage global challenges in a coherent manner, including through agreed statements, demarches and shared positions.
96. Technical adaptations to the Withdrawal Agreement following the rev ision of the Protocol on Ireland/Northern Ireland as agreed at negotiators ’ level ARTICLE 184 Negotiations on the future relationship The Union and the United Kingdom shall use their best endeavours, in good faith and in full respect of their respective legal orders, to take the necessary steps to negotiate expeditiously the agreements governing their future relationship referred to in the Political Declaration of [XX] Octob er 2019 and to conduct the relevant procedures for the ratification or conclusion of those agre ements, with a view to ensuring that those agreements apply, to the extent possible, as from the end of the transition period. ARTICLE 185 Entry into force and application [...] The Protocol on Ireland/Northern Ireland shall apply as from the end of the transition period, with the exception of the following provisions of that Protocol that shall apply as fr om the entry into force of this Agreement: – Article 1; – the third, fourth and sixth subparagraphs of Article 5 (2); – the second sentence of Article 5(3); – the last sentence of Article 10 (2 ); – Article 12(3); – Article 13(8 ); – Article 14; – Article 15(1) to (4) and (6); – Article 19; – the first paragraph of Annex 6. [...]
73. 35. GMOs – Regulation (EC) No 1829/2003 of the European Parliament and of the Council o f 22 September 2003 on genetically modified food and feed 200 , with the exception of the second paragraph of Article 32 This shall not prevent a national reference laboratory located in a Mem ber State from fulfilling the functions of a national reference laboratory in respect of Northern Ir eland. Information and material exchanged for that purpose between the competent authorities of Northern Ireland and a national reference laboratory in a Member State shall not be subject to further disclosure by the national reference laboratory witho ut the prior consent of those competent authorities. The references to Member State in Articles 10(1) and 22(1) of that Regulation shall not be read as including the United Kingdom in respect of Northern Ireland. – Regulation (EC) No 1830/2003 of the European Parliament and of the Council o f 22 September 2003 concerning the traceability and labelling of genetically modi fied organisms and the traceability of food and feed products produced from ge netically modified organisms and amending Directive 2001/18/EC 201 – Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms 202 – Part C of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC 203 36. Live animals, germinal products and products of animal origin References to national reference laboratories in the acts listed in this section shall n ot be read as including the reference laboratory in the United Kingdom. This shall not prevent a nati onal reference laboratory located in a Member State from fulfilling the functions of a national reference laboratory in respect of Northern Ireland. Information and material exchanged f or that purpose between the competent authorities of Northern Ireland and a national reference laboratory in a Member State shall not be subject to further disclosure by the national reference laboratory without the prior consent of those competent authorities. – Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certai n acts in the area of animal health (""Animal Health Law") 204 199 OJ L 35, 8.2.2005, p. 1. 200 OJ L 268, 18.10.2003, p. 1. 201 OJ L 268, 18.10.2003, p. 24. 202 OJ L 287, 5.11.2003, p. 1. 203 OJ L 106, 17.4.2001, p. 1. 204 OJ L 84, 31.3.2016, p. 1.
9. 4 PART I: INITIAL PROVISIONS I. B ASIS FOR COOPERATION A. Core values and rights 6. The Parties agree that the future relationship should be underpinned by shared values such as the respect for and safeguarding of human rights and fundamental freedoms, democratic principles, the rule of law and support for non-proliferation. The Parties agree that these values are an essential prerequisite for the cooperation envisaged in this framework. The Parties also reaffirm their commitment to promoting effective multilateralism. 7. The future relationship should incorporate the United Kingdom's continued commitment to respect the framework of the European Convention on Human Rights (ECHR), while the Union and its Member States will remain bound by the Charter of Fundamental Rights of the European Union, which reaffirms the rights as they result in particular from the ECHR. B. Data protection 8. In view of the importance of data flows and exchanges across the future relationship, the Parties are committed to ensuring a high level of personal data protection to facilitate such flows between them. 9. The Union's data protection rules provide for a framework allowing the European Commission to recognise a third country's data protection standards as providing an adequate level of protection, thereby facilitating transfers of personal data to that third country. On the basis of this framework, the European Commission will start the assessments with respect to the United Kingdom as soon as possible after the United Kingdom's withdrawal, endeavouring to adopt decisions by the end of 2020, if the applicable conditions are met. Noting that the United Kingdom will be establishing its own international transfer regime, the United Kingdom will in the same timeframe take steps to ensure the comparable facilitation of transfers of personal data to the Union, if the applicable conditions are met. The future relationship will not affect the Parties' autonomy over their respective personal data protection rules. 10. In this context, the Parties should also make arrangements for appropriate cooperation between regulators. II. A REAS OF SHARED INTEREST A. Participation in Union programmes 11. Noting the intended breadth and depth of the future relationship and the close bond between their citizens, the Parties will establish general principles, terms and conditions for the United Kingdom's participation in Union programmes, subject to the conditions set out in the corresponding Union instruments, in areas such as science and innovation, youth, culture
25. 20 a) the United Kingdom's collaboration in relevant existing and future projects of the European Defence Agency (EDA) through an Administrative Arrangement; b) the participation of eligible United Kingdom entities in collaborative defence projects bringing together Union entities supported by the European Defence Fund (EDF); and c) the United Kingdom's collaboration in projects in the framework of Permanent Structured Cooperation (PESCO), where invited to participate on an exceptional basis by the Council of the European Union in PESCO format. E. Intelligence exchanges 103. The Parties should exchange intelligence on a timely and voluntary basis as appropriate, in particular in the field of counter-terrorism, hybrid threats and cyber-threats, and in support of those CSDP missions and operations to which the United Kingdom will be contributing. While the Parties will produce intelligence products autonomously, such intelligence exchange should contribute to a shared understanding of Europe's security environment. 104. The future relationship should allow for timely exchanges of intelligence and sensitive information between the relevant Union bodies and the United Kingdom authorities. The European Union Satellite Centre (EUSC) and the United Kingdom should cooperate in the field of space-based imagery. F. Space 105. The Parties should consider appropriate arrangements for cooperation on space. G. Development cooperation 106. The Parties should establish a dialogue to enable strategies in the programming and delivery of development that are mutually reinforcing. 107. On the basis of their mutual interest, the Parties should consider how the United Kingdom could contribute to the Union's instruments and mechanisms, including coordination with the Union's delegations in third countries. IV. T HEMATIC COOPERATION A. Cyber security 108. The Parties reaffirm their commitment to promote security and stability in cyberspace through increased international cooperation. The Parties agree to exchange information on a voluntary, timely and reciprocal basis, including on cyber-incidents, techniques and origin of the attackers, threat-analysis, and best practices to help protect the United Kingdom and the Union from common threats. 109. In particular, the United Kingdom should cooperate closely with the Computer Emergency Response Team – European Union (CERT-EU) and, subject to the conclusion of an
26. 21 agreement as provided for in Union law, participate in certain activities of the Cooperation Group established under the Union's Directive on Security of Network and Information Systems and of the European Union Agency for Network and Information Security (ENISA). 110. The Parties should cooperate to promote effective global practices on cyber security in relevant international bodies. 111. The United Kingdom and the Union will establish a cyber dialogue to promote cooperation and identify opportunities for future cooperation as new threats, opportunities and partnerships emerge. B. Civil protection 112. The Parties should cooperate in the field of civil protection in respect of natural or man- made disasters. This cooperation would be enabled by the United Kingdom's participation in the Union's Civil Protection Mechanism as a Participating State. C. Health security 113. The Parties should cooperate in matters of health security in line with existing Union arrangements with third countries. The Parties will aim to cooperate in international fora on prevention, detection, preparation for and response to established and emerging threats to health security in a consistent manner. D. Illegal migration 114. The Parties will cooperate to tackle illegal migration, including its drivers and its consequences, whilst recognising the need to protect the most vulnerable. This cooperation will cover: a) operational cooperation with Europol to combat organised immigration crime; b) working with the European Border and Coastguard Agency to strengthen the Union's external border; and c) dialogue on shared objectives and cooperation, including in third countries and international fora, to tackle illegal migration upstream. E. Counter-terrorism and countering violent extremis 115. The Parties should cooperate on counter-terrorism, countering violent extremism and emerging threats to advance their common security and shared interests. Recognising the mutual advantage of collective dialogue and operational cooperation, the partnership should support: a) sharing best practice and expertise on key issues and themes b) cooperating with the appropriate intelligence analysis bodies to ensure effective assessment sharing between the Parties, including on counter-terrorism; and c) a close dialogue on emerging threats and new capabilities.
49. ANNEX 1 PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 2(1) – Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services 1 – Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation 2 – Council Directive 2000/43/EC of 29 June 2000 implementing the prin ciple of equal treatment between persons irrespective of racial or ethnic origin 3 – Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for e qual treatment in employment and occupation 4 – Directive 2010/41/EU of the European Parliament and of the Council o f 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC 5 – Council Directive 79/7/EEC of 19 December 1978 on the progressive imple mentation of the principle of equal treatment for men and women in matters of social security 6 ________________ 1 OJ L 373, 21.12.2004, p. 37. 2 OJ L 204, 26.7.2006, p. 23. 3 OJ L 180, 19.7.2000, p. 22. 4 OJ L 303, 2.12.2000, p. 16. 5 OJ L 180, 15.7.2010, p. 1. 6 OJ L 6, 10.1.1979, p. 24.
16. 11 behaviour when awarding contracts, and make available remedies and review procedures, including before judicial authorities. IX. M OBILITY 48. Noting that the United Kingdom has decided that the principle of free movement of persons between the Union and the United Kingdom will no longer apply, the Parties should establish mobility arrangements, as set out below. 49. The mobility arrangements will be based on non-discrimination between the Union's Member States and full reciprocity. 50. In this context, the Parties aim to provide, through their domestic laws, for visa-free travel for short-term visits. 51. The Parties agree to consider conditions for entry and stay for purposes such as research, study, training and youth exchanges. 52. The Parties also agree to consider addressing social security coordination in the light of future movement of persons. 53. In line with their applicable laws, the Parties will explore the possibility to facilitate the crossing of their respective borders for legitimate travel. 54. Any provisions will be without prejudice to the Common Travel Area (CTA) arrangements as they apply between the United Kingdom and Ireland. 55. To support mobility, the Parties confirm their commitment to the effective application of the existing international family law instruments to which they are parties. The Union notes the United Kingdom's intention to accede to the 2007 Hague Maintenance Convention to which it is currently bound through its Union membership. 56. The Parties will explore options for judicial cooperation in matrimonial, parental responsibility and other related matters. 57. These arrangements would be in addition to commitments on temporary entry and stay of natural persons for business purposes in defined areas as referred to in Section III of this Part. Those commitments should not be nullified by the right of either Party to apply their respective laws, regulations and requirements regarding entry, stay and work.
21. 16 PART III: SECURITY PARTNERSHIP I. O BJECTIVES AND PRINCIPLES 78. With a view to Europe's security and the safety of their respective citizens, the Parties should establish a broad, comprehensive and balanced security partnership. This partnership will take into account geographic proximity and evolving threats, including serious international crime, terrorism, cyber-attacks, disinformation campaigns, hybrid-threats, the erosion of the rules-based international order and the resurgence of state-based threats. The partnership will respect the sovereignty of the United Kingdom and the autonomy of the Union. 79. The Parties will promote global security, prosperity and effective multilateralism, underpinned by their shared principles, values and interests. The security partnership should comprise law enforcement and judicial cooperation in criminal matters, foreign policy, security and defence, as well as thematic cooperation in areas of common interest. II. L AW ENFORCEMENT AND JUDICIAL COOPERATION IN CRIMINAL MATTERS 80. The future relationship will provide for comprehensive, close, balanced and reciprocal law enforcement and judicial cooperation in criminal matters, with the view to delivering strong operational capabilities for the purposes of the prevention, investigation, detection and prosecution of criminal offences, taking into account the geographic proximity, shared and evolving threats the Parties face, the mutual benefits to the safety and security of their citizens, and the fact that the United Kingdom will be a non-Schengen third country that does not provide for the free movement of persons. 81. The Parties agree that the scale and scope of future arrangements should achieve an appropriate balance between rights and obligations – the closer and deeper the partnership the stronger the accompanying obligations. It should reflect the commitments the United Kingdom is willing to make that respect the integrity of the Union's legal order, such as with regard to alignment of rules and the mechanisms for disputes and enforcement provided for in paragraphs 129 to 132. It should also be underpinned by long-standing commitments to the fundamental rights of individuals, including continued adherence and giving effect to the ECHR, and adequate protection of personal data, which are both essential prerequisites for enabling the cooperation envisaged by the Parties, and to the transnational ne bis in idem principle and procedural rights. It should also reflect the Union's and its Member States' commitment to the Charter of Fundamental Rights of the European Union. 82. Noting these commitments, the future relationship should cover arrangements across three areas of cooperation: data exchange; operational cooperation between law enforcement authorities and judicial cooperation in criminal matters; and anti-money laundering and counter terrorism financing.
11. 6 PART II: ECONOMIC PARTNERSHIP I. O BJECTIVES AND PRINCIPLES 16. The Parties recognise that they have a particularly important trading and investment relationship, reflecting more than 45 years of economic integration during the United Kingdom's membership of the Union, the sizes of the two economies and their geographic proximity, which have led to complex and integrated supply chains. 17. Against this backdrop, the Parties agree to develop an ambitious, wide-ranging and balanced economic partnership. This partnership will be comprehensive, encompassing a Free Trade Agreement, as well as wider sectoral cooperation where it is in the mutual interest of both Parties. It will be underpinned by provisions ensuring a level playing field for open and fair competition, as set out in Section XIV of this Part. It should facilitate trade and investment between the Parties to the extent possible, while respecting the integrity of the Union's Single Market and the Customs Union as well as the United Kingdom's internal market, and recognising the development of an independent trade policy by the United Kingdom. 18. The Parties will retain their autonomy and the ability to regulate economic activity according to the levels of protection each deems appropriate in order to achieve legitimate public policy objectives such as public health, animal health and welfare, social services, public education, safety, the environment including climate change, public morals, social or consumer protection, privacy and data protection, and promotion and protection of cultural diversity. The economic partnership will recognise that sustainable development is an overarching objective of the Parties. The economic partnership will also provide for appropriate general exceptions, including in relation to security. II. G OODS A. Objectives and principles 19. The Parties envisage having an ambitious trading relationship on goods on the basis of a Free Trade Agreement, with a view to facilitating the ease of legitimate trade. 20. These arrangements will take account of the fact that following the United Kingdom's withdrawal from the Union, the Parties will form separate markets and distinct legal orders. Moving goods across borders can pose risks to the integrity and proper functioning of these markets, which are managed through customs procedures and checks. 21. However, with a view to facilitating the movement of goods across borders, the Parties envisage comprehensive arrangements that will create a free trade area, combining deep regulatory and customs cooperation, underpinned by provisions ensuring a level playing field for open and fair competition, as set out in Section XIV of this Part.
87. ANNEX 5 PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 10(1) 1. State Aid rules in the TFEU 1 – Articles 107, 108 and 109 TFEU – Article 106 TFEU, insofar as it concerns State aid – Article 93 TFEU 2. Acts referring to the notion of aid – Commission notice on the notion of State aid 2 – Communication from the Commission on the application of the European Un ion State aid rules to compensation granted for the provision of services of general econom ic interest 3 – Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees 4 3. Block exemption regulations 3.1 Enabling regulation – Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid 5 3.2 General block exemption regulation – Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Article s 107 and 108 of the Treaty 6 1 The headings and subheadings in this Annex are purely indicative. 2 OJ C 262, 19.7.2016, p. 1. 3 OJ C 8, 11.1.2012, p. 4. 4 OJ C 155, 20.6.2008, p. 10. 5 OJ L 248, 24.9.2015, p. 1. 6 OJ L 187, 26.6.2014, p. 1.
52. – Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports 17 – Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries 18 – Regulation (EU) 2015/476 of the European Parliament and of the Council of 11 March 2015 on the measures that the Union may take following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters 19 – Regulation (EU) 2015/477 of the European Parliament and of the Council of 11 March 2015 on measures that the Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures 20 6. Regulations on bilateral safeguards – Regulation (EU) No 654/2014 of the European Parliament and of the Council o f 15 May 2014 concerning the exercise of the Union's rights for the application and enfor cement of international trade rules and amending Council Regulation (EC) No 3286/9 4 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization 21 – Regulation (EU) 2015/1145 of the European Parliament and of the Council of 8 July 2015 on the safeguard measures provided for in the Agreement between the European Economic Community and the Swiss Confederation 22 – Regulation (EU) 2015/475 of the European Parliament and of the Council of 11 March 2015 on the safeguard measures provided for in the Agreement between the European Economic Community and the Republic of Iceland 23 17 OJ L 83, 27.3.2015, p. 16. 18 OJ L 123, 19.5.2015, p. 33. 19 OJ L 83, 27.3.2015, p. 6. 20 OJ L 83, 27.3.2015, p. 11. 21 OJ L 189, 27.6.2014, p. 50. 22 OJ L 191, 17.7.2015, p. 1. 23 OJ L 83, 27.3.2015, p. 1.
15. 10 39. The Parties should provide, through sectoral provisions in telecommunication services, for fair and equal access to public telecommunication networks and services to each other's services suppliers and address anticompetitive practices. 40. The Parties should work together though multilateral and multi-stakeholder fora, and establish a dialogue to exchange information, experience and best practice relating to emerging technologies. VI. C APITAL MOVEMENTS AND PAYMENTS 41. The Parties should include provisions to enable free movement of capital and payments related to transactions liberalised under the economic partnership, subject to relevant exceptions. VII. I NTELLECTUAL PROPERTY 42. The Parties should provide for the protection and enforcement of intellectual property rights to stimulate innovation, creativity and economic activity, going beyond the standards of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights and the World Intellectual Property Organisation conventions where relevant. 43. This should preserve the Parties' current high levels of protection, inter alia, of certain rights under copyright law, such as the sui generis right on databases and the artists' resale right. Noting the protection afforded to existing geographical indications in the Withdrawal Agreement, the Parties should seek to put in place arrangements to provide appropriate protection for their geographical indications. 44. The Parties should maintain the freedom to establish their own regimes for the exhaustion of intellectual property rights. 45. The Parties should establish a mechanism for cooperation and exchange of information on intellectual property issues of mutual interest, such as respective approaches and processes regarding trademarks, designs and patents. VIII. P UBLIC PROCUREMENT 46. Noting the United Kingdom's intention to accede to the WTO Government Procurement Agreement (GPA), the Parties should provide for mutual opportunities in the Parties' respective public procurement markets beyond their commitments under the GPA in areas of mutual interest, without prejudice to their domestic rules to protect their essential security interests. 47. The Parties should also commit to standards based on those of the GPA ensuring transparency of market opportunities, public procurement rules, procedures and practices. Building on these standards, the Parties should address the risk of arbitrary
61. 19. Explosives and pyrotechnic articles – Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses 93 – Directive 2013/29/EU of the European Parliament and of the Council of 12 J une 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles 94 – Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors 95 20. Medicinal products – Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency 96 The references to Community in the second subparagraph of Article 2 and in the second subparagraph of Article 48 of that Regulation shall not be read as including the United Kingdom in respect of Northern Ireland. – Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal produ cts for human use 97 The references to Community in Articles 8(2) and 16b(1) of that Directive as well as the reference to Union in the second subparagraph of Article 104(3) of that Directive shall not be read as including the United Kingdom in respect of Northern Irelan d, with the exception of authorisations by the United Kingdom in respect of Northern Ireland. A medicinal product authorised in the United Kingdom in respect of Northern Ireland shall not be considered as a reference medicinal product in the Union. – Regulation (EC) No 1901/2006 of the European Parliament and of the Council o f 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulati on (EC) No 726/2004 98 , with the exception of Article 36 – Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products 99 93 OJ L 96, 29.3.2014, p. 1. 94 OJ L 178, 28.6.2013, p. 27. 95 OJ L 39, 9.2.2013, p. 1. 96 OJ L 136, 30.4.2004, p. 1. 97 OJ L 311, 28.11.2001, p. 67. 98 OJ L 378, 27.12.2006, p. 1. 99 OJ L 18, 22.1.2000, p. 1.
92. 5.12.2 Electricity (stranded costs) – Commission Communication relating to the methodology for analysis of State aid linked to stranded costs 39 5.12.3 Coal – Council Decision of 10 December 2010 on State aid to facilitate the closure of uncompetitive coal mines 40 5.13 Basic industries and manufacturing (steel) – Communication from the Commission concerning certain aspects of the treatment of competition cases resulting from the expiry of the ECSC Treaty 41 5.14 Postal services – Notice from the Commission on the application of the competition rules to the postal sector and on the assessment of certain State measures relating to postal services 42 5.15 Audiovisual, broadcasting and broadband 5.15.1 Audiovisual production – Communication from the Commission on State aid for films and other audiovisual works 43 5.15.2 Broadcasting – Communication from the Commission on the application of State aid rules to public service broadcasting 44 5.15.3 Broadband network – Communication from the Commission - Guidelines for the application of State aid rules in relation to the rapid deployment of broadband networks 45 39 http://ec.europa.eu/competition/state_aid/legislation/stranded_costs_en.pdf 40 OJ L 336, 21.12.2010, p. 24. 41 OJ C 152, 26.6.2002, p. 5. 42 OJ C 39, 6.2.1998, p. 2. 43 OJ C 332, 15.11.2013, p. 1. 44 OJ C 257, 27.10.2009, p. 1. 45 OJ C 25, 26.1.2013, p. 1.
33. 17 October 2019 TF50 (2019) 64 – Commission to EU 27 Subject: Revised texts agreed at negotiators’ level for: - The Protocol on Ireland/Northern Ireland included in the Withdrawal Agreement and the consequential technical adaptations to Article 184 “Negotiations on the future relationship” and Article 185 “Entry into force and application” of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (“Withdrawal Agreement”) . These revised texts are: - Intended to replace the corresponding provisions included in the last version of the Withdrawal Agreement published in OJ C144 I of 25.4.2019 ; - Subject to legal revision. Origin: European Commission, Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU. Published on the TF50 website on 17 October 2019
31. 26 PART V: FORWARD PROCESS 135. In setting out the framework of the future relationship between the Union and the United Kingdom, this declaration confirms, as set out in the Withdrawal Agreement, that it is the clear intent of both Parties to develop in good faith agreements giving effect to this relationship and to begin the formal process of negotiations as soon as possible after the United Kingdom's withdrawal from the Union, such that they can come into force by the end of 2020. 136. Both Parties affirm that the achievements, benefits and commitments of the peace process in Northern Ireland will remain of paramount importance to peace, stability and reconciliation. They agree that the Good Friday or Belfast Agreement reached on 10 April 1998 by the United Kingdom Government, the Irish Government and the other participants in the multi- party negotiations (the ‘1998 Agreement’) must be protected in all its parts, and that this extends to the practical application of the 1998 Agreement on the island of Ireland and to the totality of the relationships set out in the 1998 Agreement. 137. After the Union has taken the steps necessary to begin formal negotiations under Article 218 of the Treaty on the Functioning of the European Union (TFEU), it is envisaged that the Parties will negotiate in parallel the agreements needed to give the future relationship legal form. 138. Immediately following the United Kingdom's withdrawal, and based on their preparatory work, the Parties will agree a programme including: a) the structure and format of the negotiation rounds, including with respect to parallel tracks; and b) a formal schedule of negotiating rounds. 139. This programme will be designed to deliver the Parties' shared intention to conclude agreements giving effect to the future relationship by the end of 2020 as set out in paragraph 135. The European Commission is ready to propose applying on a provisional basis relevant aspects of the future relationship, in line with the applicable legal frameworks and existing practice. 140. With a view to providing a sound foundation for the talks on the future relationship between the United Kingdom and the Union, both Parties will expeditiously: a) identify those areas that are likely to require the greatest consideration and the associated legal and technical issues that will need to be addressed, in order that the necessary technical preparations can be made on both sides; b) draw-up a full schedule for the negotiations, taking into account relevant internal processes; and c) consider the logistical requirements of the formal negotiations.
86. ANNEX 4 PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 9 The following acts shall apply to and in the United Kingdom in respect of Northern Ireland insofar as they apply to the generation, transmission, distribution, and supply of electricit y, trading in wholesale electricity or cross-border exchanges in electricity. Provisions relating to retail markets and consumer protection shall not appl y. References to a provision of another Union act in the acts listed in this Annex shall not rend er the provision referred to applicable where it does not otherwise apply to and in the United Kingdom in respect o f Northern Ireland, unless it is a provision governing wholesale electricity markets whi ch applies in Ireland and is necessary for the joint operation of the single wholesale electricity market in Ireland and Northern Ireland. – Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC 1 – Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 2 – Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators 3 – Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment 4 – Regulation (EU) No 1227/2011 of the European Parliament and of the Cou ncil of 25 October 2011 on wholesale energy market integrity and transparency 5 – Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) 6 – Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Un ion and amending Council Directive 96/61/EC 7 ________________ 1 OJ L 211, 14.8.2009, p. 55. 2 OJ L 211, 14.8.2009, p. 15. 3 OJ L 211, 14.8.2009, p. 1. 4 OJ L 33, 4.2.2006, p. 22. 5 OJ L 326, 8.12.2011, p. 1. 6 OJ L 334, 17.12.2010, p. 17. 7 OJ L 275, 25.10.2003, p. 32.
68. The reference to Member State in the second subparagraph of Article 29(1) of that Regulation shall not be read as including the United Kingdom in respect of Northern Ireland. – Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, am ending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliam ent and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/ 5/EC and Commission Regulation (EC) No 608/2004 157 – Regulation (EC) 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods 158 30. Food – hygiene – Regulation (EC) No 853/2004 of the European Parliament and of the Coun cil of 29 April 2004 laying down specific hygiene rules for food of animal origin 159 – Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs 160 – Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption 161 31. Food – ingredients, traces, residues, marketing standards – Regulation (EC) No 1331/2008 of the European Parliament and of the Council o f 16 December 2008 establishing a common authorisation procedure for food additi ves, food enzymes and food flavourings 162 The reference to Member State in Article 3(1) of that Regulation shall not be read as including the United Kingdom in respect of Northern Ireland. – Regulation (EC) No 1332/2008 of the European Parliament and of the Council o f 16 December 2008 on food enzymes and amending Council Directive 83 /417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 163 157 OJ L 304, 22.11.2011, p. 18. 158 OJ L 404, 30.12.2006, p. 9. 159 OJ L 139, 30.4.2004, p. 55. 160 OJ L 139, 30.4.2004, p. 1. 161 OJ L 40, 11.2.1989, p. 34. 162 OJ L 354, 31.12.2008, p. 1. 163 OJ L 354, 31.12.2008, p. 7.
93. 5.16 Transport and infrastructure – Communication from the Commission - Community guidelines on State aid for railway undertakings 46 – Community guidelines on State aid to maritime transport 47 – Communication from the Commission providing guidance on State aid complementary to Community funding for the launching of the motorways of the sea 48 – Communication from the Commission providing guidance on State aid to ship-management companies 49 – Communication from the Commission — Guidelines on State aid to airports and airlines 50 5.17 Services of general economic interest (SGEI) – Communication from the Commission — European Union framework for State aid in the form of public service compensation 51 6. Transparency of financial relations between Member States and public undertaki ngs – Commission Directive 2006/111/EC of 16 November 2006 on the tran sparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings 52 _______________ 46 OJ C 184, 22.7.2008, p. 13. 47 OJ C 13, 17.1.2004, p. 3. 48 OJ C 317, 12.12.2008, p. 10. 49 OJ C 132, 11.6.2009, p. 6. 50 OJ C 99, 4.4.2014, p. 3. 51 OJ C 8, 11.1.2012, p. 15. 52 OJ L 318, 17.11.2006, p. 17.
19. 14 XII. F ISHING OPPORTUNITIES 71. The Parties should cooperate bilaterally and internationally to ensure fishing at sustainable levels, promote resource conservation, and foster a clean, healthy and productive marine environment, noting that the United Kingdom will be an independent coastal state. 72. While preserving regulatory autonomy, the Parties should cooperate on the development of measures for the conservation, rational management and regulation of fisheries, in a non- discriminatory manner. They will work closely with other coastal states and in international fora, including to manage shared stocks. 73. Within the context of the overall economic partnership the Parties should establish a new fisheries agreement on, inter alia, access to waters and quota shares. 74. The Parties will use their best endeavours to conclude and ratify their new fisheries agreement by 1 July 2020 in order for it to be in place in time to be used for determining fishing opportunities for the first year after the transition period. XIII. G LOBAL COOPERATION 75. The Parties recognise the importance of global cooperation to address issues of shared economic, environmental and social interest. As such, while preserving their decision- making autonomy, the Parties should cooperate in international fora, such as the G7 and the G20, where it is in their mutual interest, including in the areas of: a) climate change; b) sustainable development; c) cross-border pollution; d) public health and consumer protection; e) financial stability; and f) the fight against trade protectionism. 76. The future relationship should reaffirm the Parties' commitments to international agreements to tackle climate change, including those which implement the United Nations Framework Conventions on Climate Change, such as the Paris Agreement. XIV. L EVEL PLAYING FIELD FOR OPEN AND FAIR COMPETITION 77. Given the Union and the United Kingdom's geographic proximity and economic interdependence, the future relationship must ensure open and fair competition, encompassing robust commitments to ensure a level playing field. The precise nature of commitments should be commensurate with the scope and depth of the future relationship and the economic connectedness of the Parties. These commitments should prevent distortions of trade and unfair competitive advantages. To that end, the Parties should uphold the common high standards applicable in the Union and the United Kingdom at the end of the transition period in the areas of state aid, competition, social and employment
50. ANNEX 2 PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 5(4) 1. General customs aspects 1 – Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code 2 – Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters 3 – Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistanc e for the recovery of claims relating to taxes, duties and other measures 4 2. Protection of the Union's financial interests For the purpose of the application of the acts listed in this section, the proper colle ction of customs duties by the United Kingdom in respect of Northern Ireland shall be co nsidered as part of the protection of the financial interests of the Union. – Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Cou ncil of 11 September 2013 concerning investigations conducted by the Europ ean Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 5 – Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests 6 3. Trade statistics – Regulation (EC) No 638/2004 of the European Parliament and of the Council of 31 March 2004 on Community statistics relating to the trading of goods between Me mber States and repealing Council Regulation (EEC) No 3330/91 7 – Regulation (EC) No 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community statistics relating to external trade with non-m ember countries and repealing Council Regulation (EC) No 1172/95 8 1 The headings and subheadings in this Annex are purely indicative. 2 OJ L 269, 10.10.2013, p. 1. 3 OJ L 82, 22.3.1997, p. 1. 4 OJ L 84, 31.3.2010, p. 1. 5 OJ L 248, 18.9.2013, p. 1. 6 OJ L 312, 23.12.1995, p. 1. 7 OJ L 102, 7.4.2004, p. 1. 8 OJ L 152, 16.6.2009, p. 23.
53. – Regulation (EU) 2015/938 of the European Parliament and of the Council of 9 J une 2015 on the safeguard measures provided for in the Agreement between the European Economic Community and the Kingdom of Norway 24 – Regulation (EU) No 332/2014 of the European Parliament and of the Council of 11 March 2014 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part 25 – Regulation (EU) 2015/752 of the European Parliament and of the Council of 29 April 2015 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part 26 – Regulation (EU) No 19/2013 of the European Parliament and of the Council of 15 January 2013 implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part 27 – Regulation (EU) No 20/2013 of the European Parliament and of the Council of 15 January 2013 implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other 28 – Regulation (EU) 2016/400 of the European Parliament and of the Council of 9 March 2016 implementing the safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part 29 – Regulation (EU) 2016/401 of the European Parliament and of the Council of 9 March 2016 implementing the anti-circumvention mechanism provided for in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part 30 – Regulation (EU) 2015/941 of the European Parliament and of the Council of 9 J une 2015 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part 31 24 OJ L 160, 25.6.2015, p. 57. 25 OJ L 103, 5.4.2014, p. 10. 26 OJ L 123, 19.5.2015, p. 16. 27 OJ L 17, 19.1.2013, p. 1. 28 OJ L 17, 19.1.2013, p. 13. 29 OJ L 77, 23.3.2016, p. 53. 30 OJ L 77, 23.3.2016, p. 62. 31 OJ L 160, 25.6.2015, p. 76.
56. – Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles an d amending Council Directive 70/156/EEC 49 – Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from l ight passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repai r and maintenance information 50 – Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles an d their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) 51 – Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and thei r trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 an d repealing Directive 2007/46/EC 52 – Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 Ja nuary 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC 53 – Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor 54 – Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC 55 – Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to em issions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 200 7/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC 56 49 OJ L 161, 14.6.2006, p. 12. 50 OJ L 171, 29.6.2007, p. 1. 51 OJ L 263, 9.10.2007, p. 1. 52 OJ L 151, 14.6.2018, p. 1. 53 OJ L 35, 4.2.2009, p. 1. 54 OJ L 200, 31.7.2009, p. 1. 55 OJ L 35, 4.2.2009, p. 32. 56 OJ L 188, 18.7.2009, p. 1.
60. – Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosi ve atmospheres 85 – Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits 86 – Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC 87 16. Textiles, footwear – Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and markin g of the fibre composition of textile products and repealing Council Directive 73/44/ EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council 88 – Directive 94/11/EC of the European Parliament and the Council of 23 March 199 4 on the approximation of the laws, regulation and administrative provisions of the Member States relating to labelling of the materials used in the main compon ents of footwear for sale to the consumer 89 17. Cosmetics, toys – Regulation (EC) No 1223/2009 of the European Parliament and of the Council o f 30 November 2009 on cosmetic products 90 – Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys 91 18. Recreational craft – Directive 2013/53/EU of the European Parliament and of the Council o f 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC 92 85 OJ L 96, 29.3.2014, p. 309. 86 OJ L 96, 29.3.2014, p. 357. 87 OJ L 153, 22.5.2014, p. 62. 88 OJ L 272, 18.10.2011, p. 1. 89 OJ L 100, 19.4.1994, p. 37. 90 OJ L 342, 22.12.2009, p. 59. 91 OJ L 170, 30.6.2009, p. 1. 92 OJ L 354, 28.12.2013, p. 90.
62. – Regulation (EC) No 1394/2007 of the European Parliament and of the Council o f 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004 100 – Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products 101 The references to Community in Article 12(2) and the second paragraph of Article 74 of that Directive shall not be read as including the United Kingdom in respe ct of Northern Ireland, with the exception of authorisations by the United Kingdom in respect of Northern Ireland. A veterinary medicinal product authorised in the United Kingdom in respect of Northern Ireland shall not be considered as a reference medicinal product in the Union. – Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue li mits of pharmacologically active substances in foodstuffs of animal origin, repealing Co uncil Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of th e European Parliament and of the Council and Regulation (EC) No 726/2004 of the Eur opean Parliament and of the Council 102 – Article 13 of Directive 2001/20/EC of the European Parliament and of the Counci l of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use 103 – Chapter IX of Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for h uman use, and repealing Directive 2001/20/EC 104 – Directive 2009/35/EC of the European Parliament and of the Council of 23 April 2009 on the colouring matters which may be added to medicinal products 105 – Regulation (EU) 2016/793 of the European Parliament and of the Council of 11 May 2016 to avoid trade diversion into the European Union of certain ke y medicines 106 21. Medical devices – Council Directive 93/42/EEC of 14 June 1993 concerning medical devices 107 100 OJ L 324, 10.12.2007, p. 121. 101 OJ L 311, 28.11.2001, p. 1. 102 OJ L 152, 16.6.2009, p. 11. 103 OJ L 121, 1.5.2001, p. 34. 104 OJ L 158, 27.5.2014, p. 1. 105 OJ L 109, 30.4.2009, p. 10. 106 OJ L 135, 24.5.2016, p. 39. 107 OJ L 169, 12.7.1993, p. 1.
72. – Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 192 – Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down m aximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom) No 770/90 193 – Council Regulation (EC) No 733/2008 of 15 July 2008 on the conditi ons governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station 194 34. Feed – products and hygiene – Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Counci l Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Direct ives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Deci sion 2004/217/EC 195 – Directive 2002/32/EC of the European Parliament and of the Council of 7 May 20 02 on undesirable substances in animal feed 196 – Regulation (EC) No 1831/2003 of the European Parliament and of the Council o f 22 September 2003 on additives for use in animal nutrition 197 The references to national reference laboratories in point 6 of Annex II to that Regulation shall not be read as applying to the United Kingdom in respect of No rthern Ireland. This shall not prevent a national reference laboratory located in a Member State from fulfilling the functions of a national reference laboratory in respect of No rthern Ireland. Information and material exchanged for that purpose between the compet ent authorities of Northern Ireland and a national reference laboratory in a Member State shall not be subject to further disclosure by the national reference laboratory witho ut the prior consent of those competent authorities. – Council Directive 90/167/EEC of 26 March 1990 laying down the cond itions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community 198 – Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene 199 192 OJ L 150, 14.6.2018, p. 1. 193 OJ L 13, 20.1.2016, p. 2. 194 OJ L 201, 30.7.2008, p. 1. 195 OJ L 229, 1.9.2009, p. 1. 196 OJ L 140, 30.5.2002, p. 10. 197 OJ L 268, 18.10.2003, p. 29. 198 OJ L 92, 7.4.1990, p. 42.
75. – Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungul ate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/46 2/EEC 215 – Council Directive 2002/99/EC of 16 December 2002 laying down the anim al health rules governing the production, processing, distribution and introduction of prod ucts of animal origin for human consumption 216 – Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 217 – Regulation (EC) No 1069/2009 of the European Parliament and of the Council o f 21 October 2009 laying down health rules as regards animal by-products and deri ved products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) 218 37. Animal disease control, zoonosis control References to national reference laboratories in the acts listed in this section shall n ot be read as including the reference laboratory in the United Kingdom. This shall not prevent a nati onal reference laboratory located in a Member State from fulfilling the functions of a national reference laboratory in respect of Northern Ireland. Information and material exchanged for that purpose between the competent authorities of Northern Ireland and a national reference laboratory in a Member State shall not be subject to further disclosure by the national reference laboratory without the prior consent of those competent authorities. – Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication o f certain transmissible spongiform encephalopathies 219 – Council Directive 77/391/EEC of 17 May 1977 introducing Communi ty measures for the eradication of brucellosis, tuberculosis and leucosis in cattle 220 – Council Directive 78/52/EEC of 13 December 1977 establishing the Commun ity criteria for national plans for the accelerated eradication of brucellosis, tuberculosis and enzootic leukosis in cattle 221 – Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC 222 215 OJ L 139, 30.4.2004, p. 321. 216 OJ L 18, 23.1.2003, p. 11. 217 OJ L 178, 28.6.2013, p. 1. 218 OJ L 300, 14.11.2009, p. 1. 219 OJ L 147, 31.5.2001, p. 1. 220 OJ L 145, 13.6.1977, p. 44. 221 OJ L 15, 19.1.1978, p. 34. 222 OJ L 306, 22.11.2003, p. 1.
54. – Regulation (EU) 2015/940 of the European Parliament and of the Council of 9 J une 2015 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, and for applying the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part 32 – Regulation (EU) 2015/939 of the European Parliament and of the Council of 9 J une 2015 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part 33 – Regulation (EU) No 511/2011 of the European Parliament and of the Council o f 11 May 2011 implementing the bilateral safeguard clause of the Free Trade Agreement between the European Union and its Member States and the Republic of Korea 34 – Regulation (EU) 2017/355 of the European Parliament and of the Council of 1 5 February 2017 on certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the on e part, and Kosovo of the other part 35 – Regulation (EU) 2016/1076 of the European Parliament and of the Council of 8 June 2016 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, economic partnership agreements 36 7. Others – Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture o f pharmaceutical products for export to countries with public health problems 37 8. Goods - general provisions – Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the fi eld of technical regulations and of rules on Information Society services 38 , with the exception of provisions relating to rules on information society services – Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/ EEC 32 OJ L 160, 25.6.2015, p. 69. 33 OJ L 160, 25.6.2015, p. 62. 34 OJ L 145, 31.5.2011, p. 19. This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence. 35 OJ L 57, 3.3.2017, p. 59. 36 OJ L 185, 8.7.2016, p. 1. 37 OJ L 157, 9.6.2006, p. 1. 38 OJ L 241, 17.9.2015, p. 1.
88. 3.3 Sectorial block exemption regulations – Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union 7 – Commission Regulation (EU) No 1388/2014 of 16 December 2014 decl aring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functionin g of the European Union 8 – Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 9 – Communication from the Commission on interpretative guidelines concerni ng Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road 10 – Commission Decision of 20 December 2011 on the application of Arti cle 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest 11 3.4 De minimis aid regulations – Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid 12 – Commission Regulation (EU) No 360/2012 of 25 April 2012 on the app lication of Articles 107 and 108 of the Treaty on the Functioning of the European Union t o de minimis aid granted to undertakings providing services of general economic interest 13 7 OJ L 193, 1.7.2014, p. 1. 8 OJ L 369, 24.12.2014, p. 37. 9 OJ L 315, 3.12.2007, p. 1. 10 OJ C 92, 29.3.2014, p. 1. 11 OJ L 7, 11.1.2012, p. 3. 12 OJ L 352, 24.12.2013, p. 1. 13 OJ L 114, 26.4.2012, p. 8.
71. – Section 1 of Chapter I of Title II of Part II of Regulation (EU) No 1308/201 3 of the European Parliament and of the Council of 17 December 2013 establishing a commo n organisation of the markets in agricultural products and repealing Council Regulati ons (EE C) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/200 7 184 32. Food contact material – Regulation (EC) No 1935/2004 of the European Parliament and of the Council o f 27 October 2004 on materials and articles intended to come into contact with foo d and repealing Directives 80/590/EEC and 89/109/EEC 185 The reference to Member State in Article 9(1) of that Regulation shall not be read as including the United Kingdom in respect of Northern Ireland. – Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs 186 33. Food – other – Directive 1999/2/EC of the European Parliament and of the Council of 22 Februa ry 1999 on the approximation of the laws of the Member States concerning foods and foo d ingredients treated with ionising radiation 187 – Directive 1999/3/EC of the European Parliament and of the Council of 22 Februa ry 1999 on the establishment of a Community list of foods and food ingredients treated with ionising radiation 188 – Directive 2009/32/EC of the European Parliament and of the Council of 23 April 2009 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients 189 – Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters 190 – Council Regulation (EC) No 834/2007 of 28 June 2007 on organic p roduction and labelling of organic products and repealing Regulation (EEC) No 2092/91 191 184 OJ L 347, 20.12.2013, p. 671. 185 OJ L 338, 13.11.2004, p. 4. 186 OJ L 277, 20.10.1984, p. 12. 187 OJ L 66, 13.3.1999, p. 16. 188 OJ L 66, 13.3.1999, p. 24. 189 OJ L 141, 6.6.2009, p. 3. 190 OJ L 164, 26.6.2009, p. 45. 191 OJ L 189, 20.7.2007, p. 1.
51. 4. General trade related aspects – Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 9 – Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports 10 – Regulation (EU) 2015/936 of the European Parliament and of the Council of 9 J une 2015 on common rules for imports of textile products from certain third countri es not covered by bilateral agreements, protocols or other arrangements, or by other specific Union import rules 11 – Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Uni on importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected an d high-risk areas 12 – Council Regulation (EC) No 1215/2009 of 30 November 2009 introdu cing exceptional trade measures for countries and territories participating in or linked to the Eu ropean Union's Stabilisation and Association process (Western Balkans) 13 – Regulation (EU) 2017/1566 of the European Parliament and of the Council of 13 September 2017 on the introduction of temporary autonomous trade meas ures for Ukraine supplementing the trade concessions available under the Association Agreement 14 – Obligations stemming from the international agreements concluded by the Union, o r by Member States acting on its behalf, or by the Union and its Member States acting jointly, insofar as they relate to trade in goods between the Union and third countries 5. Trade defence instruments – Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members o f the European Union 15 – Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not memb ers of the European Union 16 9 OJ L 303, 31.10.2012, p. 1. 10 OJ L 83, 27.3.2015, p. 34. 11 OJ L 160, 25.6.2015, p. 1. 12 OJ L 130, 19.5.2017, p. 1. 13 OJ L 328, 15.12.2009, p. 1. 14 OJ L 254, 30.9.2017, p. 1. 15 OJ L 176, 30.6.2016, p. 21. 16 OJ L 176, 30.6.2016, p. 55.
78. – Council Directive 2002/53/EC of 13 June 2002 on the common catalog ue of varieties of agricultural plant species 243 – Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed 244 – Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed 245 – Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoe s 246 – Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants 247 – Council Directive 2008/90/EC of 29 September 2008 on the marketing o f fruit plant propagating material and fruit plants intended for fruit production 248 43. Official controls, veterinary checks References to national reference laboratories in the acts listed in this section shall n ot be read as including the reference laboratory in the United Kingdom. This shall not prevent a nati onal reference laboratory located in a Member State from fulfilling the functions of a n ational reference laboratory in respect of Northern Ireland. Information and material exchanged for that purpose between the competent authorities of Northern Ireland and a national reference laboratory in a Member State shall not be subject to further disclosure by the national reference laboratory without the prior consent of those competent authorities. – Regulation (EU) 2017/625 of the European Parliament and of the Council o f 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant h ealth and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) N o 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Cou ncil Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 20 08/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the Eu ropean Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/ 425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decisio n 92/438/EEC (Official Controls Regulation) 249 – Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance wi th feed and food law, animal health and animal welfare rules 250 242 OJ L 11, 15.1.2000, p. 17. 243 OJ L 193, 20.7.2002, p. 1. 244 OJ L 193, 20.7.2002, p. 12. 245 OJ L 193, 20.7.2002, p. 33. 246 OJ L 193, 20.7.2002, p. 60. 247 OJ L 193, 20.7.2002, p. 74. 248 OJ L 267, 8.10.2008, p. 8. 249 OJ L 95, 7.4.2017, p. 1. 250 OJ L 165, 30.4.2004, p. 1.
28. 23 PART IV: INSTITUTIONAL AND OTHER HORIZONTAL ARRANGEMENTS I. S TRUCTURE 118. The future relationship should be based on an overarching institutional framework covering chapters and linked agreements relating to specific areas of cooperation, while recognising that the precise legal form of this future relationship will be determined as part of the formal negotiations. Where appropriate, the Parties may establish specific governance arrangements in individual areas. 119. The Parties may also decide that an agreement should sit outside of the overarching institutional framework, and in those cases should provide for appropriate governance arrangements. 120. The Parties note that the overarching institutional framework could take the form of an Association Agreement. 121. The Parties should provide for the possibility to review the future relationship. II. G OVERNANCE 122. In order to ensure the proper functioning of the future relationship, the Parties commit to engage in regular dialogue and to establish robust, efficient and effective arrangements for its management, supervision, implementation, review and development over time, and for the resolution of disputes and enforcement, in full respect of the autonomy of their legal orders. A. Strategic direction and dialogue 123. The future relationship should include dialogue between the Parties at appropriate levels so as to provide strategic direction and discuss opportunities for cooperation in areas of mutual interest. 124. There should also be specific thematic dialogues at appropriate level, established as part of the economic and security partnerships, which should take place as often as is necessary for the effective operation of the future relationship. 125. The Parties support the establishment of a dialogue between the European Parliament and the Parliament of the United Kingdom, where they see fit, in order for the legislatures to share views and expertise on issues related to the future relationship. The Parties should encourage civil society dialogue.
77. – Council Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs 234 39. Animal breeding – Article 37 and Article 64(3) of Regulation (EU) 2016/1012 of the European Parliame nt and of the Council of 8 June 2016 on zootechnical and genealogical condi tions for the breeding, trade in and entry into the Union of purebred breeding animals, hybri d breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealin g certain acts in the area of animal breeding ("Animal Breeding Regulation") 235 40. Animal welfare – Council Regulation (EC) No 1/2005 of 22 December 2004 on the protectio n of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 236 – Council Regulation (EC) No 1099/2009 of 24 September 2009 on the pro tection of animals at the time of killing 237 41. Plant health – Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant pro ducts and against their spread within the Community 238 – Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Reg ulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EE C, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC 239 42. Plant reproductive material – Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed 240 – Council Directive 68/193/EEC of 9 April 1968 on the marketing of m aterial for the vegetative propagation of the vine 241 – Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material 242 234 OJ L 213, 8.8.2008, p. 31. 235 OJ L 171, 29.6.2016, p. 66. 236 OJ L 3, 5.1.2005, p. 1. 237 OJ L 303, 18.11.2009, p. 1. 238 OJ L 169, 10.7.2000, p. 1. 239 OJ L 317, 23.11.2016, p. 4. 240 OJ 125, 11.7.1966, p. 2309. 241 OJ L 93, 17.4.1968, p. 15.
80. protection of geographical indications of aromatized wine products and repeali ng Council Regulation (EEC) No 1601/91 260 – Sections 2 and 3 of Chapter I of Title II of Part II of Regulation (EU) No 13 08/2013 of the European Parliament and of the Council of 17 December 2013 establishing a commo n organisation of the markets in agricultural products and repealing Council Regulati ons (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/20 07 261 – Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 262 46. Fisheries and aquaculture – Commission Regulation (EEC) No 3703/85 of 23 December 1985 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish 263 – Council Regulation (EEC) No 2136/89 of 21 June 1989 laying do wn common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products 264 – Council Regulation (EEC) No 1536/92 of 9 June 1992 laying do wn common marketing standards for preserved tuna and bonito 265 – Council Regulation (EC) No 2406/96 of 26 November 1996 layin g down common marketing standards for certain fishery products 266 – Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms 267 , insofar as it concerns provisions relating to minimum sizes of marine organisms – Council Regulation (EC) No 1224/2009 of 20 November 2009 establishi ng a Community control system for ensuring compliance with the rules of the common fisheries poli cy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/ 2006 268 , insofar as it concerns provisions relating to marketing standards 260 OJ L 84, 20.3.2014, p. 14. 261 OJ L 347, 20.12.2013, p. 671. 262 OJ L 181, 29.6.2013, p. 15. 263 OJ L 351, 28.12.1985, p. 63. 264 OJ L 212, 22.7.1989, p. 79. 265 OJ L 163, 17.6.1992, p. 1. 266 OJ L 334, 23.12.1996, p. 1. 267 OJ L 125, 27.4.1998, p. 1. 268 OJ L 343, 22.12.2009, p. 1.
65. – Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC 128 The reference to Member States in Article 43 of that Regulation shall not be read as including the United Kingdom in respect of Northern Ireland. – Regulation (EU) No 528/2012 of the European Parliament and of the Council o f 22 May 2012 concerning the making available on the market and use of biocidal products 129 The references to Member State in Articles 3(3), 15(1) and 28(4) and point (g) of Arti cle 75(1) of that Regulation shall not be read as including the United Kingdom in res pect of Northern Ireland. 25. Waste – Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste 130 – Directive 94/62/EC of the European Parliament and of the Council 20 December 1994 on packaging and packaging waste 131 – Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/ 2006 and Directive 2009/16/EC 132 – Council Directive 2006/117/Euratom of 20 November 2006 on the supe rvision and control of shipments of radioactive waste and spent fuel 133 26. Environment, energy efficiency – Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species 134 – Council Regulation (EC) No 708/2007 of 11 June 2007 concerning u se of alien and locally absent species in aquaculture 135 – Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel 136 128 OJ L 70, 16.3.2005, p. 1. 129 OJ L 167, 27.6.2012, p. 1. 130 OJ L 190, 12.7.2006, p. 1. 131 OJ L 365, 31.12.1994, p. 10. 132 OJ L 330, 10.12.2013, p. 1. 133 OJ L 337, 5.12.2006, p. 21. 134 OJ L 317, 4.11.2014, p. 35. 135 OJ L 168, 28.6.2007, p. 1. 136 OJ L 27, 30.1.2010, p. 1.
69. – Regulation (EC) No 1333/2008 of the European Parliament and of the Council o f 16 December 2008 on food additives 164 – Regulation (EC) No 1334/2008 of the European Parliament and of the Council o f 16 December 2008 on flavourings and certain food ingredients with flavourin g properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC 165 – Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements 166 – Regulation (EC) No 1925/2006 of the European Parliament and of the Council o f 20 December 2006 on the addition of vitamins and minerals and of certai n other substances to foods 167 – Regulation (EC) No 2065/2003 of the European Parliament and of the Council o f 10 November 2003 on smoke flavourings used or intended for use in or on foods 168 The reference to Member State in Article 7(2) of that Regulation shall not be read as including the United Kingdom in respect of Northern Ireland. – Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Commun ity procedures for contaminants in food 169 – Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2 011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of th e European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 170 – Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special m edical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006 /125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 171 – Directive 1999/4/EC of the European Parliament and of the Council of 22 Februa ry 1999 relating to coffee extracts and chicory extracts 172 164 OJ L 354, 31.12.2008, p. 16. 165 OJ L 354, 31.12.2008, p. 34. 166 OJ L 183, 12.7.2002, p. 51. 167 OJ L 404, 30.12.2006, p. 26. 168 OJ L 309, 26.11.2003, p. 1. 169 OJ L 37, 13.2.1993, p. 1. 170 OJ L 327, 11.12.2015, p. 1. 171 OJ L 181, 29.6.2013, p. 35. 172 OJ L 66, 13.3.1999, p. 26.
59. – Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments 76 – Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments 77 14. Construction products, machinery, cableways, personal protective equipment – Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC 78 – Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC 79 – Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC 80 – Directive 2006/42/EC of the European Parliament and of the Council of 1 7 May 2006 on machinery, and amending Directive 95/16/EC 81 – Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines fo r non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/20 13, and amending and repealing Directive 97/68/EC 82 – Directive 2000/14/EC of the European Parliament and of the Council of 8 May 200 0 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors 83 15. Electrical and radio equipment – Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility 84 76 OJ L 96, 29.3.2014, p. 107. 77 OJ L 96, 29.3.2014, p. 149. 78 OJ L 88, 4.4.2011, p. 5. 79 OJ L 81, 31.3.2016, p. 51. 80 OJ L 81, 31.3.2016, p. 1. 81 OJ L 157, 9.6.2006, p. 24. 82 OJ L 252, 16.9.2016, p. 53. 83 OJ L 162, 3.7.2000, p. 1. 84 OJ L 96, 29.3.2014, p. 79.
90. 5. Compatibility rules 5.1 Important Projects of Common European Interest – Communication from the Commission — Criteria for the analysis of the compatibility with the internal market of State aid to promote the execution of important projects of common European interest 24 5.2 Agricultural aid – European Union guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 – 2020 25 5.3 Fisheries and aquaculture aid – Communication from the Commission – Guidelines for the examination of State aid to the fishery and aquaculture sector 26 5.4 Regional aid – Guidelines on regional State aid for 2014-2020 27 5.5 Research and development and innovation aid – Communication from the Commission — Framework for State aid for research and development and innovation 28 5.6 Risk capital aid – Communication from the Commission — Guidelines on State aid to promote risk finance investments 29 5.7 Rescue and restructuring aid – Communication from the Commission – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty 30 24 OJ C 188, 20.6.2014, p. 4. 25 OJ C 204, 1.7.2014, p. 1. 26 OJ C 217, 2.7.2015, p. 1. 27 OJ C 209, 23.7.2013, p. 1. 28 OJ C 198, 27.6.2014, p. 1. 29 OJ C 19, 22.1.2014, p. 4. 30 OJ C 249, 31.7.2014, p. 1.
67. – Regulation (EC) No 1523/2007 of the European Parliament and of the Council of 11 December 2007 banning the placing on the market and the import to, or export fr om, the Community of cat and dog fur, and products containing such fur 148 – Council Directive 83/129/EEC of 28 March 1983 concerning the importati on into Member States of skins of certain seal pups and products derived therefrom 149 – Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008 on a Community energy-efficiency labelling programme f or office equipment 150 – Regulation (EC) No 1222/2009 of the European Parliament and of the Council o f 25 November 2009 on the labelling of tyres with respect to fuel efficiency and o ther essential parameters 151 – Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign require ments for energy-related products 152 – Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU 153 27. Marine equipment – Directive 2014/90/EU of the European Parliament and of the Council of 23 Ju ly 2014 on marine equipment and repealing Council Directive 96/98/EC 154 28. Rail transport – Directive (EU) 2016/797 of the European Parliament and of the Council of 11 M ay 2016 on the interoperability of the rail system within the European Union 155 , insofar as conditions and technical specifications for the placing on the market, putting into service and free movement of railway products are concerned 29. Food – general – Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matt ers of food safety 156 148 OJ L 343, 27.12.2007, p. 1. 149 OJ L 91, 9.4.1983, p. 30. 150 OJ L 39, 13.2.2008, p. 1. 151 OJ L 342, 22.12.2009, p. 46. 152 OJ L 285, 31.10.2009, p. 10. 153 OJ L 198, 28.7.2017, p. 1. 154 OJ L 257, 28.8.2014, p. 146. 155 OJ L 138, 26.5.2016, p. 44. 156 OJ L 31, 1.2.2002, p. 1.
79. – Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on p roducts of animal origin intended for human consumption 251 – Council Directive 91/496/EEC of 15 July 1991 laying down the p rinciples governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC 252 – Council Directive 97/78/EC of 18 December 1997 laying down the princi ples governing the organisation of veterinary checks on products entering the Community from third countries 253 – Council Directive 90/425/EEC of 26 June 1990 concerning veterin ary and zootechnical checks applicable in intra-Community trade in certain live animals and produ cts with a view to the completion of the internal market 254 – Council Directive 89/662/EEC of 11 December 1989 concerning veterinary c hecks in intra-Community trade with a view to the completion of the internal market 255 44. Sanitary and phytosanitary - Other – Council Directive 96/22/EC of 29 April 1996 concerning the proh ibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of ß-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC 256 – Council Directive 96/23/EC of 29 April 1996 on measures to monito r certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC 257 45. Intellectual property – Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling a nd the protection of geographical indications of spirit drinks and repealing Council Regu lation (EEC) No 1576/89 258 – 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 259 – Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the 251 OJ L 139, 30.4.2004, p. 206. 252 OJ L 268, 24.9.1991, p. 56. 253 OJ L 24, 30.1.1998, p. 9. 254 OJ L 224, 18.8.1990, p. 29. 255 OJ L 395, 30.12.1989, p. 13. 256 OJ L 125, 23.5.1996, p. 3. 257 OJ L 125, 23.5.1996, p. 10. 258 OJ L 39, 13.2.2008, p. 16. 259 OJ L 343, 14.12.2012, p. 1.
91. 5.8 Training aid – Communication from the Commission – Criteria for the analysis of the compatibility of State aid for training subject to individual notification 31 5.9 Employment aid – Communication from the Commission – Criteria for the analysis of the compatibility of State aid for the employment of disadvantaged and disabled workers subject to individual notification 32 5.10 Temporary rules in response to the economic and financial crisis – Communication from the Commission on the application, from 1 August 20 13, of State aid rules to support measures in favour of banks in the context of the financial crisis 33 – Communication from the Commission on the treatment of impaired assets in the Community banking sector 34 – Commission communication on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules 35 5.11 Export credit insurance – Communication from the Commission to the Member States on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance 36 5.12 Energy and environment 5.12.1 Environment and energy – Communication from the Commission — Guidelines on State aid for environmental protection and energy 2014-2020 37 – Communication from the Commission — Gu idelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012 38 31 OJ C 188, 11.8.2009, p. 1. 32 OJ C 188, 11.8.2009, p. 6. 33 OJ C 216, 30.7.2013, p. 1. 34 OJ C 72, 26.3.2009, p. 1. 35 OJ C 195, 19.8.2009, p. 9. 36 OJ C 392, 19.12.2012, p. 1. 37 OJ C 200, 28.6.2014, p. 1. 38 OJ C 158, 5.6.2012, p. 4.
57. – Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles 57 – Regulation (EU) 2015/758 of the European Parliament and of the Council o f 29 April 2015 concerning type-approval requirements for the deployment of the eCall in- vehicle system based on the 112 service and amending Directive 2007/46/EC 58 – Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emissions performance standards for new passenger cars as part of the Community's integrated approach to reduce CO 2 emissions from light-duty vehicles 59 – Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as p art of the Union's integrated approach to reduce CO 2 emissions from light-duty vehicles 60 – Regulation (EU) No 167/2013 of the European Parliament and of the Council o f 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles 61 10. Lifting and mechanical handling appliances – Council Directive 73/361/EEC of 19 November 1973 on the approxim ation of the laws, regulations and administrative provisions of the Member States relating to the certification and marking of wire-ropes, chains and hooks 62 – Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts 63 11. Gas appliances – Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels 64 – Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC 65 57 OJ L 60, 2.3.2013, p. 52. 58 OJ L 123, 19.5.2015, p. 77. 59 OJ L 140, 5.6.2009, p. 1. 60 OJ L 145, 31.5.2011, p. 1. 61 OJ L 60, 2.3.2013, p. 1. 62 OJ L 335, 5.12.1973, p. 51. 63 OJ L 96, 29.3.2014, p. 251. 64 OJ L 167, 22.6.1992, p. 17. 65 OJ L 81, 31.3.2016, p. 99.
81. – Regulation (EU) No 1379/2013 of the European Parliament and of the Council o f 11 December 2013 on the common organisation of the markets in fishery and aquaculture products amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 269 , insofar as it concerns provisions relating to marketing standards and consumer information – Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regul ations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulatio ns (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/ EC 270 , insofar as it concerns provisions relating to marketing standards for fishery and aquaculture products – Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 271 – Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for Dissostichus spp . 272 – Regulation (EU) No 640/2010 of the European Parliament and of the Council o f 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003 273 – Council Regulation (EC) No 1100/2007 of 18 September 2007 establishin g measures for the recovery of the stock of European eel 274 47. Other – Part III of Regulation (EU) No 1308/2013 of the European Parliament and of the Cou ncil of 17 December 2013 establishing a common organisation of the markets in agri cultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79 , (EC) No 1037/2001 and (EC) No 1234/2007 275 , with the exception of Chapter VI – Council Regulation (EC) No 2964/95 of 20 December 1995 introducing registration for crude oil imports and deliveries in the Community 276 – Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins 277 269 OJ L 354, 28.12.2013, p. 1. 270 OJ L 354, 28.12.2013, p. 22. 271 OJ L 286, 29.10.2008, p. 1. 272 OJ L 145, 31.5.2001, p. 1. 273 OJ L 194, 24.7.2010, p. 1. 274 OJ L 248, 22.9.2007, p. 17. 275 OJ L 347, 20.12.2013, p. 671. 276 OJ L 310, 22.12.1995, p. 5. 277 OJ L 373, 21.12.2004, p. 1.
55. and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/ EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parl iament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council 39 – Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillan ce relating to the marketing of products and repealing Regulation (EEC) No 339/93 40 – Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Counci l Decision 93/465/EEC 41 – Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain natio nal technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC 42 – Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety 43 – Council Regulation (EC) No 2679/98 of 7 December 1998 on the functio ning of the internal market in relation to the free movement of goods among the Member States 44 – Council Directive 85/374/EEC of 25 July 1985 on the approximation of t he laws, regulations and administrative provisions of the Member States concerning liabi lity for defective products 45 9. Motor vehicles, including agricultural and forestry tractors – Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles 46 – Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, an d amending Directive 2007/46/EC and repealing Directive 70/157/EEC 47 – Directive 2005/64/EC of the European Parliament and of the Council of 26 Oc tober 2005 on the type-approval of motor vehicles with regard to their reusability, recyclab ility and recoverability and amending Council Directive 70/156/EEC 48 39 OJ L 316, 14.11.2012, p. 12. 40 OJ L 218, 13.8.2008, p. 30. 41 OJ L 218, 13.8.2008, p. 82. 42 OJ L 218, 13.8.2008, p. 21. 43 OJ L 11, 15.1.2002, p. 4. 44 OJ L 337, 12.12.1998, p. 8. 45 OJ L 210, 7.8.1985, p. 29. 46 OJ L 42, 23.2.1970, p. 16. 47 OJ L 158, 27.5.2014, p. 131. 48 OJ L 310, 25.11.2005, p. 10.
84. ANNEX 3 PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 8 1. Value Added Tax 1 – Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax 2 – Council Directive 2008/9/EC of 12 February 2008 laying down detailed rules for the refund of value added tax, provided for in Directive 2006/112/EC, to ta xable persons not established in the Member State of refund but established in another Member State 3 – Council Regulation (EU) No 904/2010 of 7 October 2010 on administrati ve cooperation and combating fraud in the field of value added tax 4 – Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistanc e for the recovery of claims relating to taxes, duties and other measures 5 – Thirteenth Council Directive 86/560/EEC of 17 November 1986 on the har monization of the laws of the Member States relating to turnover taxes - Arrangements for the refund of value added tax to taxable persons not established in Community territory 6 – Council Directive 2007/74/EC of 20 December 2007 on the exemption from value added tax and excise duty of goods imported by persons travelling from third countries 7 – Council Directive 2009/132/EC of 19 October 2009 determining th e scope of Article 143(b) and (c) of Directive 2006/112/EC as regards exemption from value ad ded tax on the final importation of certain goods 8 – Council Directive 2006/79/EC of 5 October 2006 on the exemption from taxes of imports of small consignments of goods of a non-commercial character from third countries 9 – Obligations stemming from the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and rec overy of claims in the field of value added tax 10 1 The headings and subheadings in this Annex are purely indicative. 2 OJ L 347, 11.12.2006, p. 1. 3 OJ L 44, 20.2.2008, p. 23. 4 OJ L 268, 12.10.2010, p. 1. 5 OJ L 84, 31.3.2010, p. 1. 6 OJ L 326, 21.11.1986, p. 40. 7 OJ L 346, 29.12.2007, p. 6. 8 OJ L 292, 10.11.2009, p. 5. 9 OJ L 286, 17.10.2006, p. 15. 10 OJ L 195, 1.8.2018, p. 1.
63. – Directive 98/79/EC of the European Parliament and of the Council of 27 Oct ober 1998 on in vitro diagnostic medical devices 108 – Council Directive 90/385/EEC of 20 June 1990 on the approximation o f the laws of the Member States relating to active implantable medical devices 109 – Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/ 2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/ EEC and 93/42/EEC 110 – Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Com mission Decision 2010/227/EU 111 22. Substances of human origin – Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2 003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directi ve 2001/83/EC 112 – Directive 2004/23/EC of the European Parliament and of the Council of 31 March 200 4 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells 113 – Directive 2010/53/EU of the European Parliament and of the Council of 7 Jul y 2010 on standards of quality and safety of human organs intended for transplantation 114 23. Chemicals and related – Regulation (EC) No 2003/2003 of the European Parliament and of the Council o f 13 October 2003 relating to fertilisers 115 – Directive 2004/10/EC of the European Parliament and of the Council o f 11 February 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances 116 – Directive 2004/9/EC of the European Parliament and of the Council of 11 Februa ry 2004 on the inspection and verification of good laboratory practice (GLP) 117 108 OJ L 331, 7.12.1998, p. 1. 109 OJ L 189, 20.7.1990, p. 17. 110 OJ L 117, 5.5.2017, p. 1. 111 OJ L 117, 5.5.2017, p. 176. 112 OJ L 33, 8.2.2003, p. 30. 113 OJ L 102, 7.4.2004, p. 48. 114 OJ L 207, 6.8.2010, p. 14. 115 OJ L 304, 21.11.2003, p. 1. 116 OJ L 50, 20.2.2004, p. 44. 117 OJ L 50, 20.2.2004, p. 28.
64. – Directive 2011/65/EU of the European Parliament and of the Council of 8 J une 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment 118 – Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents 119 – Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC 120 – Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals 121 – Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008) 122 – Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC 123 – Regulation (EC) No 1907/2006 of the European Parliament and of the Council o f 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/9 3 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/7 69/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC 124 – Regulation (EC) No 1272/2008 of the European Parliament and of the Council o f 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 125 – Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors 126 24. Pesticides, biocides – Regulation (EC) No 1107/2009 of the European Parliament and of the Council o f 21 October 2009 concerning the placing of plant protection products on the ma rket and repealing Council Directives 79/117/EEC and 91/414/EEC 127 118 OJ L 174, 1.7.2011, p. 88. 119 OJ L 104, 8.4.2004, p. 1. 120 OJ L 158, 30.4.2004, p. 7. 121 OJ L 201, 27.7.2012, p. 60. 122 OJ L 137, 24.5.2017, p. 1. 123 OJ L 266, 26.9.2006, p. 1. 124 OJ L 396, 30.12.2006, p. 1. 125 OJ L 353, 31.12.2008, p. 1. 126 OJ L 47, 18.2.2004, p. 1. 127 OJ L 309, 24.11.2009, p. 1.
74. – Council Directive 64/432/EEC of 26 June 1964 on animal health probl ems affecting intra- Community trade in bovine animals and swine 205 – Council Directive 91/68/EEC of 28 January 1991 on animal health con ditions governing intra-Community trade in ovine and caprine animals 206 – Council Directive 2009/156/EC of 30 November 2009 on animal h ealth conditions governing the movement and importation from third countries of equidae 207 – Council Directive 2009/158/EC of 30 November 2009 on animal h ealth conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs 208 – Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embry os not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC 209 – Council Directive 88/407/EEC of 14 June 1988 laying down the animal h ealth requirements applicable to intra-Community trade in and imports of semen of do mestic animals of the bovine species 210 – Council Directive 89/556/EEC of 25 September 1989 on animal health co nditions governing intra-Community trade in and importation from third countri es of embryos of domestic animals of the bovine species 211 – Council Directive 90/429/EEC of 26 June 1990 laying down the animal h ealth requirements applicable to intra-Community trade in and imports of semen of do mestic animals of the porcine species 212 – Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC 213 – Council Directive 2006/88/EC of 24 October 2006 on animal health requi rements for aquaculture animals and products thereof, and on the prevention and control of certai n diseases in aquatic animals 214 205 OJ 121, 29.7.1964, p. 1977. 206 OJ L 46, 19.2.1991, p. 19. 207 OJ L 192, 23.7.2010, p. 1. 208 OJ L 343, 22.12.2009, p. 74. 209 OJ L 268, 14.9.1992, p. 54. 210 OJ L 194, 22.7.1988, p. 10. 211 OJ L 302, 19.10.1989, p. 1. 212 OJ L 224, 18.8.1990, p. 62. 213 OJ L 62, 15.3.1993, p. 49. 214 OJ L 328, 24.11.2006, p. 14.
82. – Regulation (EC) No 1889/2005 of the European Parliament and of the Council o f 26 October 2005 on controls of cash entering or leaving the Community 278 – Directive 2014/40/EU of the European Parliament and of the Council of 3 Ap ril 2014 on the approximation of the laws, regulations and administrative provisions of the M ember States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC 279 – Council Regulation (EC) No 116/2009 of 18 December 2008 on the e xport of cultural goods 280 – Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 281 – Council Directive 69/493/EEC of 15 December 1969 on the approximation of the laws of the Member States relating to crystal glass 282 – Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items 283 – Council Directive 91/477/EEC of 18 June 1991 on control of the acqui sition and possession of weapons 284 – Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations' Protocol again st the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, an d import and transit measures for firearms, their parts and components and ammunition 285 – Directive 2009/43/EC of the European Parliament and of the Council o f 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community 286 – Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning tr ade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment 287 278 OJ L 309, 25.11.2005, p. 9. 279 OJ L 127, 29.4.2014, p. 1. 280 OJ L 39, 10.2.2009, p. 1. 281 OJ L 159, 28.5.2014, p. 1. 282 OJ L 326, 29.12.1969, p. 36. 283 OJ L 134, 29.5.2009, p. 1. 284 OJ L 256, 13.9.1991, p. 5 1. 285 OJ L 94, 30.3.2012, p. 1. 286 OJ L 146, 10.6.2009, p. 1. 287 OJ L 200, 30.7.2005, p. 1.
58. 12. Pressure vessels – Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers 66 – Directive 2010/35/EU of the European Parliament and of the Council of 16 J une 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC 67 – Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment 68 – Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels 69 13. Measuring instruments – Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009 relating to common provisions for both measuring instruments and methods of metrological control 70 – Council Directive 75/107/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to bottles used as measuring containers 71 – Council Directive 76/211/EEC of 20 January 1976 on the approximati on of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products 72 – Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC 73 – Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Cou ncil Directive 76/211/EEC 74 – Directive 2011/17/EU of the European Parliament and of the Council of 9 March 2011 repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/14 8/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC and 86/217/EEC regarding metrology 75 66 OJ L 147, 9.6.1975, p. 40. 67 OJ L 165, 30.6.2010, p. 1. 68 OJ L 189, 27.6.2014, p. 164. 69 OJ L 96, 29.3.2014, p. 45. 70 OJ L 106, 28.4.2009, p. 7. 71 OJ L 42, 15.2.1975, p. 14. 72 OJ L 46, 21.2.1976, p. 1. 73 OJ L 39, 15.2.1980, p. 40. 74 OJ L 247, 21.9.2007, p. 17. 75 OJ L 71, 18.3.2011, p. 1.
66. – Directive 98/70/EC of the European Parliament and of the Council of 13 Oct ober 1998 relating to the quality of petrol and diesel fuels and amending Counci l Directive 93/12/EEC 137 – Council Directive (EU) 2015/652 of 20 April 2015 laying down calcu lation methods and reporting requirements pursuant to Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol and diesel fuels 138 – Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of o rganic solvents in certain paints and varnishes and vehicle refinishing products and am ending Directive 1999/13/EC 139 – Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and tim ber products on the market 140 – Council Regulation (EC) No 2173/2005 of 20 December 2005 on the es tablishment of a FLEGT licensing scheme for imports of timber into the European Community 141 – Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinates greenhouse gases and repealing Regulation (EC) No 842/2006 142 – Regulation (EC) No 1005/2009 of the European Parliament and of the Council o f 16 September 2009 on substances that deplete the ozone layer 143 – Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008 144 – Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein 145 – Council Regulation (EEC) No 3254/91 of 4 November 1991 prohibiti ng the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet inte rnational humane trapping standards 146 – Regulation (EC) No 1007/2009 of the European Parliament and of the Council o f 16 September 2009 on trade in seal products 147 137 OJ L 350, 28.12.1998, p. 58. 138 OJ L 107, 25.4.2015, p. 26. 139 OJ L 143, 30.4.2004, p. 87. 140 OJ L 295, 12.11.2010, p. 23. 141 OJ L 347, 30.12.2005, p. 1. 142 OJ L 150, 20.5.2014, p. 195. 143 OJ L 286, 31.10.2009, p. 1. 144 OJ L 137, 24.5.2017, p. 1. 145 OJ L 61, 3.3.1997, p. 1. 146 OJ L 308, 9.11.1991, p. 1. 147 OJ L 286, 31.10.2009, p. 36.
70. – Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption 173 – Council Directive 2001/110/EC of 20 December 2001 relating to honey 174 – Council Directive 2001/111/EC of 20 December 2001 relating to certain sug ars intended for human consumption 175 – Commission Implementing Regulation (EU) No 543/2011 of 7 June 20 11 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 176 – Commission Regulation (EC) No 1295/2008 of 18 December 2008 on the importation of hops from third countries 177 – Commission Regulation (EC) No 1375/2007 of 23 November 2007 o n imports of residues from the manufacture of starch from maize from the United States of America 178 – Council Directive 2001/112/EC of 20 December 2001 relating to fruit ju ices and certain similar products intended for human consumption 179 – Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption 180 – Council Directive 2001/114/EC of 20 December 2001 relating to certain partly or wholly dehydrated preserved milk for human consumption 181 – Directive (EU) 2015/2203 of the European Parliament and of the Council of 25 November 2015 on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directi ve 83/417/EEC 182 – Chapter IV of Title V of Regulation (EU) No 1306/2013 of the European Parli ament and of the Council of 17 December 2013 on the financing, management and mon itoring of the common agricultural policy and repealing Council Regulations (EEC) No 35 2/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2 005 and (EC) No 485/2008 183 173 OJ L 197, 3.8.2000, p. 19. 174 OJ L 10, 12.1.2002, p. 47. 175 OJ L 10, 12.1.2002, p. 53. 176 OJ L 157, 15.6.2011, p. 1. 177 OJ L 340, 19.12.2008, p. 45. 178 OJ L 307 24.11.2007, p. 5. 179 OJ L 10, 12.1.2002, p. 58. 180 OJ L 10, 12.1.2002, p. 67. 181 OJ L 15, 17.1.2002, p. 19. 182 OJ L 314, 1.12.2015, p. 1. 183 OJ L 347, 20.12.2013, p. 549.
76. – Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC 223 – Council Directive 2001/89/EC of 23 October 2001 on Communi ty measures for the control of classical swine fever 224 – Council Directive 92/35/EEC of 29 April 1992 laying down control ru les and measures to combat African horse sickness 225 – Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever 226 – Regulation (EC) No 2160/2003 of the European Parliament and of the Council o f 17 November 2003 on the control of salmonella and other specified food-bo rne zoonotic agents 227 – Council Directive 92/66/EEC of 14 July 1992 introducing Commu nity measures for the control of Newcastle disease 228 – Council Directive 92/119/EEC of 17 December 1992 introducing general C ommunity measures for the control of certain animal diseases and specific measures relating to swine vesicular disease 229 – Directive 2003/99/EC of the European Parliament and of the Council o f 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amend ing Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC 230 – Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue 231 38. Animal identification – Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a sy stem for the identification and registration of ovine and caprine animals and amending Re gulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC 232 – Regulation (EC) No 1760/2000 of the European Parliament and of the Council o f 17 July 2000 establishing a system for the identification and registration of bovi ne animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 233 223 OJ L 10, 14.1.2006, p. 16. 224 OJ L 316, 1.12.2001, p. 5. 225 OJ L 157, 10.6.1992, p. 19. 226 OJ L 192, 20.7.2002, p. 27. 227 OJ L 325, 12.12.2003, p. 1. 228 OJ L 260, 5.9.1992, p. 1. 229 OJ L 62, 15.3.1993, p. 69. 230 OJ L 325, 12.12.2003, p. 31. 231 OJ L 327, 22.12.2000, p. 74. 232 OJ L 5, 9.1.2004, p. 8. 233 OJ L 204, 11.8.2000, p. 1.
89. – Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector 14 – Commission Regulation (EU) No 717/2014 of 27 June 2014 on the ap plication of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector 15 4. Procedural rules – Council Regulation (EU) 2015/1589 of 13 July 2015 laying down d etailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union 16 – Commission Regulation (EC) No 794/2004 of 21 April 2004 implem enting Council Regulation (EC) No 659/1999 laying down detailed rules for the application o f Article 93 of the EC Treaty 17 – Notice from the Commission — Towards an effective implementation of Commission decisions ordering Member States to recover unlawful and incompatible State aid 18 – Commission notice on the determination of the applicable rules for the assessment o f unlawful State aid 19 – Commission notice on the enforcement of State aid law by national courts 20 – Communication from the Commission on the revision of the method for setti ng the reference and discount rates 21 – Communication from the Commission - Code of Best Practice for the conduct of State aid control procedures 22 – Commission communication C (2003) 4582 of 1 December 2003 on p rofessional secrecy in State aid decisions 23 14 OJ L 352, 24.12.2013, p. 9. 15 OJ L 190, 28.6.2014, p. 45. 16 OJ L 248, 24.9.2015, p. 9. 17 OJ L 140, 30.4.2004, p. 1. 18 OJ C 272, 15.11.2007, p. 4. 19 OJ C 119, 22.5.2002, p. 22. 20 OJ C 85, 9.4.2009, p. 1. 21 OJ C 14, 19.1.2008, p. 6. 22 OJ C 253, 19.7.2018, p. 14. 23 OJ C 297, 9.12.2003, p. 6.
85. – Obligations stemming from the Cooperation agreement between the European Community and its Member States, of the one part, and the Swiss Confederati on, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests 11 2. Excise – Council Directive 2008/118/EC of 16 December 2008 concerning the g eneral arrangements for excise duty and repealing Directive 92/12/EEC 12 – Council Regulation (EU) No 389/2012 of 2 May 2012 on administrative cooperation in the field of excise duties and repealing Regulation (EC) No 2073/2004 13 – Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistanc e for the recovery of claims relating to taxes, duties and other measures 14 – Council Directive 92/83/EEC of 19 October 1992 on the harmonizatio n of the structures of excise duties on alcohol and alcoholic beverages 15 – Council Directive 92/84/EEC of 19 October 1992 on the approximation o f the rates of excise duty on alcohol and alcoholic beverages 16 – Council Directive 2011/64/EU of 21 June 2011 on the structure and rates o f excise duty applied to manufactured tobacco 17 – Council Directive 2003/96/EC of 27 October 2003 restructuring the Comm unity framework for the taxation of energy products and electricity 18 – Council Directive 95/60/EC of 27 November 1995 on fiscal marking o f gas oils and kerosene 19 – Decision No 1152/2003/EC of the European Parliament and of the Council of 16 June 2003 on computerising the movement and surveillance of excisable products 20 – Council Directive 2007/74/EC of 20 December 2007 on the exemption from value added tax and excise duty of goods imported by persons travelling from third countries 21 – Council Directive 2006/79/EC of 5 October 2006 on the exemption from taxes of imports of small consignments of goods of a non-commercial character from third countries 22 _______________ 11 OJ L 46, 17.2.2009, p. 8. 12 OJ L 9, 14.1.2009, p. 12. 13 OJ L 121, 8.5.2012, p. 1. 14 OJ L 84, 31.3.2010, p. 1. 15 OJ L 316, 31.10.1992, p. 21. 16 OJ L 316, 31.10.1992, p. 29. 17 OJ L 176, 5.7.2011, p. 24. 18 OJ L 283, 31.10.2003, p. 51. 19 OJ L 291, 6.12.1995, p. 46. 20 OJ L 162, 1.7.2003, p. 5. 21 OJ L 346, 29.12.2007, p. 6. 22 OJ L 286, 17.10.2006, p. 15.
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