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Document L:2023:230:FULL
Official Journal of the European Union, L 230, 19 September 2023
Official Journal of the European Union, L 230, 19 September 2023
Official Journal of the European Union, L 230, 19 September 2023
ISSN 1977-0677 |
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Official Journal of the European Union |
L 230 |
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English edition |
Legislation |
Volume 66 |
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(1) Text with EEA relevance. |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
19.9.2023 |
EN |
Official Journal of the European Union |
L 230/1 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1787
of 14 September 2023
amending Annexes III, IX and X to Implementing Regulation (EU) 2019/2072 as regards the listing of protected zones and respective protected zone quarantine pests, the prohibition of the introduction of plants, plant products and other objects into certain protected zones, and the special requirements for their introduction into or movement within certain protected zones
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (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/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular Article 32(3) and (6), Article 35(1), (2) and (5), Article 53(2) and Article 54(2) thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) 2019/2072 (2) establishes uniform conditions for protective measures against pests of plants. Annexes III, IX and X to that Implementing Regulation establish the list of protected zones and the respective protected zone quarantine pests, the list of plants, plant products and other objects, originating from third countries or within the Union territory, whose introduction into certain protected zones is prohibited, and the list of plants, plant products and other objects to be introduced into, or moved within, protected zones and the corresponding special requirements for protected zones. |
(2) |
Certain parts of the territory of Slovenia were recognised as a protected zone with respect to Erwinia amylovora (Burrill) Winslow et al. Slovenia has now requested, in accordance with Article 35(2) of Regulation (EU) 2016/2031, that the status of its entire territory as a protected zone in respect of that protected zone quarantine pest be withdrawn. The entire territory of Slovenia should therefore no longer be recognised as a protected zone in respect of Erwinia amylovora (Burrill) Winslow et al., and the relevant entry in Annex III to Implementing Regulation (EU) 2019/2072 should be removed. |
(3) |
For Italy, certain parts of the territory of Lombardy were recognised as a protected zone with respect to Erwinia amylovora (Burr.) Winsl. et al. In 2023, Italy submitted information showing that Erwinia amylovora (Burr.) Winsl. et al. is now established in the communes of Fara Gera d’Adda and Pontirolo Nuovo in the province of Bergamo, in the commune of Montevecchia in the province of Lecco and in the communes of Ceriano Laghetto and Cogliate in the province of Monza and Brianza. Those communes should therefore no longer be recognised as part of the protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al. in Lombardy and should be deleted from the relevant entry in the table in Annex III to Implementing Regulation (EU) 2019/2072. |
(4) |
Furthermore, Italy has requested that the communes of Acquanegra Sul Chiese, Asola, Bozzolo, Canneto sull’Oglio, Casalromano, Marcaria, Mariana Mantovana, Redondesco, Rivarolo Mantovano and San Martino dall’Argine in the province of Mantova in Lombardy be recognised as a protected zone in respect of Erwinia amylovora (Burrill) Winslow et al. Based on surveys conducted in 2020, 2021 and 2022, Italy submitted evidence that Erwinia amylovora (Burrill) Winslow et al. does not occur in those territories, despite the existence of favourable conditions for its entrance, establishment and spread. However, further surveys should be carried out to confirm the continued absence of that protected zone quarantine pest in those communes. Therefore, the communes of Acquanegra Sul Chiese, Asola, Bozzolo, Canneto sull’Oglio, Casalromano, Marcaria, Mariana Mantovana, Redondesco, Rivarolo Mantovano and San Martino dall’Argine in the province of Mantova in Lombardy should be recognised as a temporary protected zone in respect of Erwinia amylovora (Burrill) Winslow et al. until 30 April 2026. |
(5) |
Certain parts of the territory of Slovakia were recognised as a protected zone with respect to Erwinia amylovora (Burrill) Winslow et al. Slovakia has now requested, in accordance with Article 35(2) of Regulation (EU) 2016/2031, that the status of its entire territory as a protected zone in respect of that protected zone quarantine pest be withdrawn. The entire territory of Slovakia should therefore no longer be recognised as a protected zone in respect of Erwinia amylovora (Burrill) Winslow et al., and the relevant entry in Annex III to Implementing Regulation (EU) 2019/2072 should be removed. |
(6) |
The United Kingdom in respect of Northern Ireland (3) was recognised as a temporary protected zone with respect to Xanthomonas arboricola pv. pruni (Smith) Vauterin et al., Liriomyza huidobrensis (Blanchard), Liriomyza trifolii (Burgess) and Thaumetopoea processionea L. until 30 April 2023. Based on survey results provided by the United Kingdom in respect of Northern Ireland in 2020, 2021 and 2022, it appears that Northern Ireland continues to be free from those protected zone quarantine pests. Therefore, the recognition of the United Kingdom in respect of Northern Ireland as protected zones in respect of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al., Liriomyza huidobrensis (Blanchard), Liriomyza trifolii (Burgess) and Thaumetopoea processionea L. should be continued without time limitation. |
(7) |
The territory of Czechia was recognised as a protected zone in respect of Cryphonectria parasitica (Murrill) Barr. Czechia has now requested, in accordance with Article 35(2) of Regulation (EU) 2016/2031, that the status of its territory as a protected zone in respect of that protected zone quarantine pest be withdrawn. Czechia should therefore no longer be recognised as a protected zone in respect of Cryphonectria parasitica (Murrill) Barr., and the relevant entry in Annex III to Implementing Regulation (EU) 2019/2072 should be removed. |
(8) |
Ireland was recognised as a temporary protected zone, with respect to Thaumetopoea pityocampa Denis & Schiffermüller, until 30 April 2023. On the basis of survey results provided by that Member State in 2020, 2021 and 2022, it appears that it continues to be free from that protected zone quarantine pest. Therefore, the recognition of Ireland as a protected zone in respect of Thaumetopoea pityocampa Denis & Schiffermüller should be continued without time limitation. |
(9) |
For the purpose of consistency with the amendments of Annex III to Implementing Regulation (EU) 2019/2072, which lists the protected zones and the respective protected zone quarantine pests, the corresponding changes should be made to Annexes IX and X to that Implementing Regulation, which list the plants, plant products and other objects whose introduction into certain protected zones is prohibited and the plants, plant products and other objects to be introduced into or moved within protected zones under special requirements, respectively. |
(10) |
The Canton of Valais in Switzerland was recognised as an area free from Erwinia amylovora (Burrill) Winslow et al., and as such has been referred to as a possible origin for export into the respective protected zones in the Union of beehives and host plants of Erwinia amylovora (Burrill) Winslow et al. in the table, points 3 and 9, of Annex X to Implementing Regulation (EU) 2019/2072. Switzerland has now informed the Commission that it had withdrawn the status of the Canton of Valais as an area free from Erwinia amylovora (Burrill) Winslow et al. The Canton of Valais therefore no longer satisfies the requirements for areas from which beehives and host plants of Erwinia amylovora (Burrill) Winslow et al. may be exported to the respective protected zones in the Union and should therefore be deleted in the table, points 3 and 9, of Annex X to that Implementing Regulation. |
(11) |
Annexes III, IX and X to Implementing Regulation (EU) 2019/2072 should therefore be amended accordingly. |
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes III, IX and X to Implementing Regulation (EU) 2019/2072 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 September 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 317, 23.11.2016, p. 4.
(2) Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ L 319, 10.12.2019, p. 1).
(3) In accordance with 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), and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, Regulation (EU) 2016/2031, as well as the Commission acts based on it, applies to and in the United Kingdom in respect of Northern Ireland after the end of the transition period provided for in the Withdrawal Agreement.
ANNEX
Annexes III, IX and X to Implementing Regulation (EU) 2019/2072 are amended as follows:
(1) |
The table in Annex III is amended as follows:
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(2) |
The table in Annex IX is amended as follows:
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(3) |
The table in Annex X is amended as follows:
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19.9.2023 |
EN |
Official Journal of the European Union |
L 230/7 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1788
of 15 September 2023
amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Articles 230(1) and 232(1) and (3) thereof.
Whereas:
(1) |
Regulation (EU) 2016/429 provides that consignments of animals, germinal products and products of animal origin must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation in order to enter the Union. |
(2) |
Commission Delegated Regulation (EU) 2020/692 (2) lays down the animal health requirements that consignments of certain species and categories of animals, germinal products and products of animal origin, from third countries or territories, or zones thereof, or compartments thereof in the case of aquaculture animals, must comply with in order to enter the Union. |
(3) |
Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, or territories, or zones or compartments thereof, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is permitted. |
(4) |
More particularly, Annexes V and XIV to Implementing Regulation (EU) 2021/404 set out the lists of third countries, or territories, or zones thereof authorised for the entry into the Union, respectively, of consignments of poultry, germinal products of poultry, fresh meat of and meat products from poultry and game birds. |
(5) |
The United Kingdom has notified the Commission of three outbreaks of highly pathogenic avian influenza (HPAI) in poultry, in the council areas of Aberdeenshire, Scotland, and Cheshire and Staffordshire, England, which were confirmed on 10 September 2023, 8 September 2023 and 7 September 2023, respectively, by laboratory analysis (RT-PCR). |
(6) |
Following those recent outbreaks of HPAI, the veterinary authorities of the United Kingdom established restricted zones of at least 10 km around the affected establishments and implemented a stamping-out policy to control the presence of HPAI and limit the spread of that disease. |
(7) |
The United Kingdom has submitted information to the Commission on the epidemiological situation on its territory and the measures taken to prevent the further spread of HPAI. |
(8) |
That information has been evaluated by the Commission. The Commision considers that, in view of the animal health situation in the areas under restrictions established by the veterinary authorities of the United Kingdom, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from those areas should be suspended, in order to protect the animal health status of the Union. |
(9) |
The United States have provided updated information to the Commission in relation to epidemiological situations on its territory as regards HPAI that gave rise to the suspension of the entry of certain products into the Union, as set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404. |
(10) |
The United States has submitted updated information on the epidemiological situation on its territory in relation to three outbreaks of HPAI in poultry establishments in the state of New York, which were confirmed between 25 July 2023 and 3 August 2023. |
(11) |
The United States has also submitted information on the measures that were taken to prevent the further spread of HPAI. In particular, following those outbreaks of that disease, the United States has implemented a stamping out policy in order to control and limit the spread of that disease, and they have also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on its territory. |
(12) |
The Commission has evaluated the information submitted by the United States. The Commission considers that the United States has provided appropriate guarantees that the animal health situation that gave rise to the suspensions, no longer represents a threat to animal or public health within the Union, and that, consequently, the entry into the Union of poultry commodities from the concerned zones of the United States from which entry into the Union had been suspended, should be reauthorised. |
(13) |
Annexes V and XIV to Implementing Regulation (EU) 2021/404 should therefore be amended to take account of the current epidemiological situation as regards HPAI in the United Kingdom and the United States. |
(14) |
Taking into account the current epidemiological situation in the United Kingdom as regards HPAI, and in order to avoid unnecessary disruption of trade with the United States, the amendments to be made to Annexes V and XIV to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency. |
(15) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation.
Article 2
Entry into force and applicability
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 September 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).
(3) Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 1).
ANNEX
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows:
(1) |
Annex V is amended as follows:
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(2) |
in Annex XIV, in Part 1, Section B is amended as follows:
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DECISIONS
19.9.2023 |
EN |
Official Journal of the European Union |
L 230/12 |
POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2023/1789
of 14 September 2023
on the appointment of the EU Mission Force Commander for the European Union military partnership mission in Niger (EUMPM Niger), and repealing Decision (CFSP) 2023/614 (EUMPM Niger/2/2023)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular Article 38 thereof,
Having regard to Council Decision (CFSP) 2022/2444 of 12 December 2022 on a European Union military partnership mission in Niger (EUMPM Niger) (1), and in particular Article 5(1) thereof,
Whereas:
(1) |
Pursuant to Article 5(1) of Decision (CFSP) 2022/2444, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions concerning the appointment of the EUMPM Niger Mission Force Commander (the ‘EU Mission Force Commander’). |
(2) |
On 14 March 2023, the PSC adopted Decision (CFSP) 2023/614 (2) appointing Colonel Antonio D’AGOSTINO as EU Mission Force Commander for EUPM Niger. |
(3) |
On 17 August 2023, the Italian military authorities proposed the appointment of Colonel Antonio STASI to succeed Colonel Antonio D’AGOSTINO as EU Mission Force Commander from 19 September 2023. |
(4) |
On 23 August 2023, the Mission Commander for EUMPM Niger supported this proposal. |
(5) |
On 23 August 2023, the EU Military Committee recommended that Colonel Antonio STASI be appointed as EU Mission Force Commander as from 19 September 2023. |
(6) |
A decision on the appointment of Colonel Antonio STASI as EU Mission Force Commander from 19 September 2023 should be taken and Decision (CFSP) 2023/614 should be repealed, |
HAS ADOPTED THIS DECISION:
Article 1
Colonel Antonio STASI is hereby appointed as EU Mission Force Commander of the European Union military partnership mission in Niger (EUMPM Niger) as from 19 September 2023.
Article 2
Decision (CFSP) 2023/614 is hereby repealed.
Article 3
This Decision shall enter into force on 19 September 2023.
Done at Brussels, 14 September 2023.
For the Political and Security Committee
The Chairperson
D. PRONK
(1) OJ L 319, 13.12.2022, p.86.
(2) Political and Security Committee Decision (CFSP) 2023/614 of 14 March 2023 on the appointment of the EU Mission Force Commander for the European Union military partnership mission in Niger (EUMPM Niger) (EUMPM Niger/1/2023) (OJ L 80, 20.3.2023, p. 93).
19.9.2023 |
EN |
Official Journal of the European Union |
L 230/14 |
POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2023/1790
of 14 September 2023
on the appointment of the EU Mission Force Commander for the European Union Military Training Mission in Mozambique (EUTM Mozambique), and repealing Decision (CFSP) 2022/1482 (EUTM Mozambique/2/2023)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular Article 38 thereof,
Having regard to Council Decision (CFSP) 2021/1143 of 12 July 2021on a European Union Military Training Mission in Mozambique (EUTM Mozambique) (1), and in particular Article 5(1) thereof,
Whereas:
(1) |
Pursuant to Article 5(1) of Decision (CFSP) 2021/1143, the Council authorised the Political and Security Committee (PSC) to take decisions concerning the political control and strategic direction of EUTM Mozambique, including the relevant decisions on the appointment of the EU Mission Force Commanders for EUTM Mozambique. |
(2) |
The PSC by Decision (CFSP) 2022/1482 (2) appointed Commodore Rogério Paulo FIGUEIRA MARTINS de BRITO as EU Mission Force Commander for the EU Military Training Mission in Mozambique (EUTM Mozambique). |
(3) |
On 14 July 2023, the Portuguese authorities proposed Brigadier General João Carlos de BASTOS JORGE GONÇALVES to succeed Commodore Rogério Paulo FIGUEIRA MARTINS de BRITO as EU Mission Force Commander for EUTM Mozambique from 15 September 2023. |
(4) |
On 27 July 2023, the EU Mission Commander supported this proposal. |
(5) |
On 31 July 2023, the EU Military Committee recommended that Brigadier General João Carlos de BASTOS JORGE GONÇALVES be appointed as EU Mission Force Commander for EUTM Mozambique as from 15 September 2023. |
(6) |
A decision on the appointment of Brigadier General João Carlos de BASTOS JORGE GONÇALVES as EU Mission Force Commander for EUTM Mozambique from 15 September 2023 should be taken and Decision (CFSP) 2022/1482 should be repealed, |
HAS ADOPTED THIS DECISION:
Article 1
Brigadier General João Carlos de BASTOS JORGE GONÇALVES is hereby appointed EU Mission Force Commander for the European Union Military Training Mission in Mozambique (EUTM Mozambique) as from 15 September 2023.
Article 2
Decision (CFSP) 2022/1482 is hereby repealed.
Article 3
This Decision shall enter into force on 15 September 2023.
Done at Brussels, 14 September 2023.
For the Political and Security Committee
The Chairperson
D. PRONK
(1) OJ L 247, 13.7.2021, p. 93.
(2) Political and Security Committee Decision (CFSP) 2022/1482 of 25 August 2022 on the appointment of the EU Mission Force Commander for the European Union Military Training Mission in Mozambique (EUTM Mozambique) (EUTM Mozambique/1/2022) (OJ L 233, 8.9.2022, p. 50).