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Document L:2023:020:FULL
Official Journal of the European Union, L 020, 23 January 2023
Official Journal of the European Union, L 020, 23 January 2023
Official Journal of the European Union, L 020, 23 January 2023
ISSN 1977-0677 |
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Official Journal of the European Union |
L 20 |
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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
23.1.2023 |
EN |
Official Journal of the European Union |
L 20/1 |
COMMISSION REGULATION (EU) 2023/147
of 20 January 2023
amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for cyromazine, topramezone and triflumizole in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 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 (1), and in particular Article 14(1), point (a), and Article 18(1), point (b), thereof,
Whereas:
(1) |
For cyromazine, topramezone and triflumizole maximum residue levels (‘MRLs’) were set in Annex II and Part A of Annex III to Regulation (EC) No 396/2005 depending on the product. |
(2) |
The approval of cyromazine as active substance for plant protection products expired on 31 December 2019 and no application for its renewal was submitted. However, cyromazine is also a pharmacologically active substance in veterinary medicines and MRLs for that substance in ovine products (except milk) were set based on the recommendations from the European Agency for the Evaluation of Medicinal Products (2) in Commission Regulation (EU) No 37/2010 (3). Those MRLs should be maintained at the existing levels to cover the exposure from use in veterinary medicinal products in ovine animals. For all other products it is appropriate to delete the respective MRLs set out for cyromazine in Annex II of Regulation (EC) No 396/2005 in accordance with Article 14(1)(a) in conjunction with Article 17 of that Regulation. |
(3) |
The European Food Safety Authority (‘the Authority’) performed a pesticide risk assessment of the active substance topramezone for the uses proposed by the applicant in 2014 (4). In 2020, all applications for the renewal of the approval of the active substance topramezone were withdrawn and the renewal procedure concluded with the non-approval of topramezone (5). All existing authorisations for plant protection products containing topramezone have been revoked. It is therefore appropriate to lower the MRLs set out for topramezone in Part A of Annex III to Regulation (EC) No 396/2005 to the LOD and to list the respective LODs in Annex V to that Regulation in accordance with Article 14(1)(a) in conjunction with Article 17 of that Regulation. |
(4) |
The approval of triflumizole expired on 30 June 2020 and no application for its renewal was submitted. All existing authorisations for plant protection products containing triflumizole have been revoked. It is therefore appropriate to lower the MRLs set out for triflumizole in Annex II to Regulation (EC) No 396/2005 to the LOD and to list the respective LODs in Annex V to that Regulation in accordance with Article 14(1)(a) in conjunction with Article 17 of that Regulation. |
(5) |
The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain LODs. For all active substances covered by this Regulation those laboratories proposed product specific LODs that are analytically achievable. |
(6) |
Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
(7) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
(8) |
For all active substances covered by this Regulation, to allow for the normal marketing, processing and consumption of products, this Regulation should not apply to products which have been produced in the Union or imported into the Union before the modified MRLs star applying and for which information shows that a high level of consumer protection is maintained. |
(9) |
A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit Member States, third countries and food business operators to adapt to meet the requirements that result from the modification of the MRLs. |
(10) |
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 II, III and V to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were produced in the Union or imported into the Union before 12 August 2023.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply 6 months after the date of entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 January 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) Summary report of the Committee for veterinary medicinal products. The European Agency for the Evaluation of Medicinal Products, Veterinary Medicines and Inspections. EMEA/MRL/606/99-Final. June 1999.
(3) Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (OJ L 15, 20.1.2010, p. 1).
(4) European Food Safety Authority, 2014. Conclusion on the peer review of the pesticide risk assessment of the active substance topramezone. EFSA Journal 2014;12(2):3540. https://doi.org/10.2903/j.efsa.2014.3540.
(5) Commission Implementing Regulation (EU) 2021/79 of 27 January 2021 concerning the non-approval of the active substance topramezone, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 29, 28.1.2021, p. 8).
ANNEX
Annexes II, III and V to Regulation (EC) No 396/2005 are amended as follows:
(1) |
Annex II is amended as follows:
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(2) |
in Part A of Annex III, the column for topramezone is deleted; |
(3) |
in Annex V, the following columns for topramezone and triflumizole are added: “Pesticide residues and maximum residue levels (mg/kg)
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((*)) Indicates lower limit of analytical determination
(1) For the complete list of products of plant and animal origin to which MRL's apply, reference should be made to Annex I
((*)) Indicates lower limit of analytical determination
(2) For the complete list of products of plant and animal origin to which MRL's apply, reference should be made to Annex I
23.1.2023 |
EN |
Official Journal of the European Union |
L 20/26 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/148
of 20 January 2023
accepting a request for new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China and amending Implementing Regulation (EU) 2019/1198
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/1036 of the European Parliament and the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’),
Having regard to Commission Implementing Regulation (EU) 2019/1198 of 12 July 2019 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (2), and in particular Article 2 thereof,
Whereas,
A. MEASURES IN FORCE
(1) |
On 13 May 2013, the Council imposed a definitive anti-dumping duty on imports into the Union of ceramic tableware and kitchenware originating in the People’s Republic of China (‘the product concerned’) by Council Implementing Regulation (EU) No 412/2013 (3) (‘the original Regulation’). |
(2) |
On 12 July 2019, following an expiry review pursuant to Article 11(2) of the basic Regulation, the Commission extended the measures of the original Regulation for another 5 years by Implementing Regulation (EU) 2019/1198. |
(3) |
On 28 November 2019, following an anti-circumvention investigation pursuant to Articles 13(3) of the basic Regulation, the Commission amended Regulation (EU) 2019/1198 by Implementing Regulation (EU) 2019/2131 (4). |
(4) |
In the original investigation, sampling was applied for investigating the exporting producers in the People’s Republic of China (‘the PRC’) in accordance with Article 17 of the basic Regulation. |
(5) |
The Commission imposed individual anti-dumping duty rates ranging from 13,1 % to 18,3 % on imports of the product concerned for the sampled exporting producers from the PRC. For the cooperating exporting producers that were not included in the sample, a duty rate of 17,9 % was imposed. The cooperating exporting producers not included in the sample are listed in Annex I to Regulation (EU) 2019/1198, as replaced by Annex 1 to Regulation (EU) 2019/2131. Furthermore, a country-wide duty rate of 36,1 % was imposed on the product concerned from companies in the PRC which either did not make themselves known or did not cooperate with the investigation. |
(6) |
Pursuant to Article 2 of Regulation (EU) 2019/1198, Annex I of that Regulation can be amended by granting a new exporting producer the duty rate applicable to the cooperating companies not included in the sample, namely the weighted average duty rate of 17,9 %, where that new exporting producer in the PRC provides sufficient evidence to the Commission that:
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B. REQUEST FOR NEW EXPORTING PRODUCER TREATMENT
(7) |
On 30 October 2020, Raoping Jinde Ceramics Co. Ltd (‘Jinde’ or the ‘applicant’) submitted a request to the Commission to be granted new exporting producer treatment (‘NEPT’) and hence be subject to the duty rate applicable to the cooperating companies in the PRC not included in the sample, which is 17,9 %, claiming that it met all three conditions set out in Article 2 of Regulation (EU) 2019/1198 (‘the NEPT conditions’). |
(8) |
In order to determine whether the applicant fulfilled the NEPT conditions, the Commission first sent a questionnaire to the applicant requesting evidence showing that it met the NEPT conditions. |
(9) |
Following the analysis of the questionnaire reply, on 6 April 2021 the Commission requested further information and supporting evidence, which was submitted by the applicant. |
(10) |
The Commission sought to verify all information it deemed necessary for the purpose of determining whether the applicant met the NEPT conditions. To this end, the Commission analysed the evidence submitted by the applicant and consulted various online databases including Orbis (5) and Qichacha (6). In parallel, the Commission informed the Union industry about the applicant’s request and invited it to provide any comments, if needed. The Union industry submitted comments with regard to the applicant’s compliance with the condition set out in Article 2(a) of Regulation (EU) 2019/1198. |
C. ANALYSIS OF THE REQUEST
(11) |
With regard to the condition set out in Article 2(a) of Regulation (EU) 2019/1198 that the applicant did not export the product concerned to the Union during the original investigation period, during the investigation the Commission established that the applicant indeed did not export to the Union during that period. Jinde was founded in December 1995 and the company has been exporting since its establishment. However, its sales ledger shows no record of export transactions to the Union during the original investigation period. Moreover, Jinde’s ledgers during that period were in line with the financial statements provided and there was no trace or further evidence suggesting that the applicant did export the product concerned to the Union before January 2012, that is after the original investigation period. The Union industry stressed in their initial comments the fact that the applicant had been involved in export activities since its establishment in 1995, but did not provide any evidence proving that Jinde was not in compliance with the condition set out in Article 2(a) of Regulation (EU) 2019/1198. Therefore, there is sufficient evidence that the applicant did not export to the Union the product concerned during the original investigation period. |
(12) |
With regard to the condition set out in Article 2(b) of Regulation (EU) 2019/1198 that the applicant is not related to any exporters or producers which are subject to the anti-dumping measures imposed by Regulation (EU) 2019/1198, during the investigation the Commission established that Jinde is not related to any of the Chinese exporting producers which are subject to the anti-dumping measures. According to Qichacha, Jinde’s shareholders hold shares in three companies other than Jinde itself, none of which are subject to the anti-dumping measures imposed by Regulation (EU) 2019/1198. Therefore, the applicant fulfilled this condition. |
(13) |
With regard to the condition set out in Article 2(c) of Regulation (EU) 2019/1198, that the applicant has actually exported the product concerned to the Union after the original investigation period or has entered into an irrevocable contractual obligation to export a significant quantity to the Union, during the investigation the Commission established that the applicant exported the product concerned to the Union in 2019, therefore after the original investigation period. The applicant submitted an invoice, purchase order, customs clearance documents, a bill of lading and a receipt of payment for an order placed in 2019 by a company in France. In addition to this shipment, between 2012 and 2019 there were other shipments of the product concerned to France, for which the applicant also provided supporting documents. Therefore, the applicant fulfilled this condition. |
(14) |
Accordingly, the applicant fulfils all three conditions to be granted NEPT, as set out in Article 2 of Regulation (EU) 2019/1198 and the request should therefore be accepted. Consequently, the applicant should be subject to an anti-dumping duty of 17,9 % for cooperating companies not included in the sample of the original investigation. |
D. DISCLOSURE
(15) |
The applicant and the Union industry were informed of the essential facts and considerations based on which it was considered appropriate to grant the anti-dumping duty rate applicable to the cooperating companies not included in the sample of the original investigation to Raoping Jinde Ceramics Co. Ltd. |
(16) |
The parties were granted the possibility to submit comments and the Union industry provided comments. |
(17) |
Following disclosure, the Union industry claimed that an audited financial statement is a statutory requirement for foreign invested companies in China, which also includes the applicant. In addition to that, Union industry asked to be provided with the name of the related company in order to provide comments on the business operations of the related company. |
(18) |
The Commission verified the information provided by the applicant on the issue whether there was a statutory requirement of audited financial statement for foreign investment companies in China. In 2009, Qiandong Taxation Branch of Raoping County State Taxation Bureau in Chaozhou City issued a notice to the applicant, by which it exempted the applicant from the obligation of submitting audited reports. Consequently, the Commission established that there was not a mandatory requirement either before or after the original investigation period. In addition, the Commission provided the Union industry with the name of applicant’s related company. No further comments were received. |
(19) |
The Regulation is in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation, |
HAS ADOPTED THIS REGULATION:
Article 1
The following company is added to Annex 1 of Regulation (EU) 2019/1198 as modified by Regulation (EU) 2019/2131 containing the list of cooperating companies not included in the sample:
Company |
TARIC additional code |
Raoping Jinde Ceramics Co. Ltd |
C879 |
Article 2
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, 20 January 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 176, 30.6.2016, p. 21.
(2) OJ L 189, 15.7.2019, p. 8.
(3) OJ L 131, 15.5.2013, p. 1.
(4) OJ L 321, 12.12.2019, p. 139.
(5) Orbis is a global data provider of corporate information covering more than 220 million companies across the globe. It mainly provides standardised information on private companies and corporate structures.
(6) Qichacha is a private, for-profit Chinese-owned database that delivers business data, credit information, and analytics on China-based private and public companies to consumers/professionals.
23.1.2023 |
EN |
Official Journal of the European Union |
L 20/30 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/149
of 20 January 2023
concerning the non-renewal of the approval of the active substance benfluralin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Articles 20(1) and 78(2) thereof,
Whereas:
(1) |
Commission Directive 2008/108/EC (2) included benfluralin as an active substance in Annex I to Council Directive 91/414/EEC (3). |
(2) |
Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4). |
(3) |
The approval of the active substance benfluralin, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 28 February 2023. |
(4) |
An application for the renewal of the approval of the active substance benfluralin was submitted to Norway, the rapporteur Member State, and the Netherlands, the co-rapporteur Member State, in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article. |
(5) |
The applicants submitted the supplementary dossiers required to the rapporteur Member State, the co-rapporteur Member State, the Commission and the European Food Safety Authority (‘the Authority’) in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State. |
(6) |
The rapporteur Member State prepared a draft renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the Authority and the Commission on 28 August 2017. In its draft renewal assessment report Norway proposed to not renew the approval of benfluralin. |
(7) |
The Authority made the supplementary summary dossier available to the public. The Authority also circulated the draft renewal assessment report to the applicants and to the Member States for comments and launched a public consultation on it. The Authority forwarded the comments received to the Commission. |
(8) |
On 27 September 2019, the Authority communicated to the Commission its conclusion (6) on whether benfluralin can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. |
(9) |
In its conclusion, the Authority identified a number of concerns. In particular it identified a long-term risk to birds and mammals, including the risk from secondary poisoning of earthworm-eating birds and mammals, as a critical area of concern. Furthermore, the Authority identified the presence of a long-term risk to aquatic organisms from benfluralin, even when applying mitigation measures and a long-term risk to aquatic organisms caused by the metabolites 371R and 372R as a critical area of concern. Finally, it stated that the genotoxic potential of an impurity cannot be excluded since the technical specification, including the level of that impurity, was not supported by the toxicological assessment. |
(10) |
The Commission invited the applicants to submit their comments on the conclusion of the Authority. Furthermore, in accordance with Article 14(1), third subparagraph, of Implementing Regulation (EU) No 844/2012, the Commission invited the applicants to submit comments on the renewal report. The applicants submitted its comments, which were carefully examined. |
(11) |
On 16 July 2021, the Commission sent a mandate to the Authority with a request to review the exposure and risk assessments as regards birds, mammals and aquatic organisms. The Authority sent to the Commission an updated conclusion on 25 August 2022 (7) which confirmed the concerns identified in previous conclusion. The Commission invited the applicants to submit comments on the revised renewal report. The applicants submitted their comments, which have been carefully examined. |
(12) |
Despite the arguments put forward by the applicants, the concerns regarding the active substance and one of the metabolites could not be eliminated. |
(13) |
Consequently, it has not been established with respect to one or more representative uses of at least one plant protection product that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate not to renew the approval of the active substance benfluralin. |
(14) |
Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly. |
(15) |
Member States should be given time to withdraw authorisations for plant protection products containing benfluralin. |
(16) |
For plant protection products containing benfluralin, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, that period should at the latest, expire on 12 May 2024. |
(17) |
Commission Implementing Regulation (EU) 2021/2068 (8) extended until 28 February 2023 the period of approval of benfluralin in order to allow the renewal process to be completed before the expiry of the approval period of that substance. Given that a decision on the non-renewal of the approval has been taken ahead of that extended expiry date, this Regulation should apply earlier than that date. |
(18) |
This Regulation does not prevent the submission of another application for the approval of benfluralin pursuant to Article 7 of Regulation (EC) No 1107/2009. |
(19) |
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
Non-renewal of the approval of the active substance
The approval of the active substance benfluralin is not renewed.
Article 2
Amendment to Implementing Regulation (EU) No 540/2011
In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 188 on benfluralin is deleted.
Article 3
Transitional measures
Member States shall withdraw authorisations for plant protection products containing benfluralin as an active substance by 12 August 2023.
Article 4
Grace period
Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall expire by 12 May 2024.
Article 5
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 January 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 309, 24.11.2009, p. 1.
(2) Commission Directive 2008/108/EC of 26 November 2008 amending Council Directive 91/414/EEC to include flutolanil, benfluralin, fluazinam, fuberidazole and mepiquat as active substances (OJ L 317, 27.11.2008, p. 6).
(3) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).
(4) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).
(5) Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26). This Regulation was replaced by Regulation (EU) 2020/1740, however, it continues to apply to the procedure for the renewal of the approval of active substances: (1) whose approval period ends before 27 March 2024; (2) for which a Regulation, adopted in accordance with Article 17 of Regulation (EC) No 1107/2009 on or after 27 March 2021, extends the approval period to 27 March 2024 or a later date.
(6) EFSA. 2019. Conclusion on the peer review of the pesticide risk assessment of the active substance benfluralin. EFSA Journal 2019;17(10):5842. 34 pp. doi:10.2903/j.efsa.2019.5842.
(7) EFSA. 2022. Conclusion on the peer review of the pesticide risk assessment of the active substance benfluralin. EFSA Journal 2022;20(9):7556, 36 pp. doi:10.2903/j.efsa.2022.7556.
(8) Commission Implementing Regulation (EU) 2021/2068 of 25 November 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (OJ L 421, 26.11.2021, p. 27).
23.1.2023 |
EN |
Official Journal of the European Union |
L 20/33 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/150
of 20 January 2023
amending certain Annexes to Implementing Regulation (EU) 2021/620 as regards the approval or withdrawal of the disease-free status of certain Member States or zones or compartments thereof as regards certain listed diseases
(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 31(3), 36(4) and 42(4) thereof,
Whereas:
(1) |
Regulation (EU) 2016/429 lays down disease-specific rules for the diseases listed in accordance with Article 5(1) thereof and lays down how those rules are to be applied to different categories of listed diseases. Regulation (EU) 2016/429 provides for the Member States to establish compulsory eradication programmes for the listed diseases referred to in Article 9(1), point (b), thereof, and for optional eradication programmes for listed diseases referred to in Article 9(1), point (c), thereof, and for the approval of such programmes by the Commission. That Regulation also provides for the approval or withdrawal by the Commission of the disease-free status of Member States or zones or compartments thereof with regard to certain listed diseases referred to in Article 9(1), points (b) and (c), thereof. |
(2) |
Commission Delegated Regulation (EU) 2020/689 (2) supplements Regulation (EU) 2016/429 and lays down the criteria for granting, maintaining, suspending and withdrawing disease-free status for Member States or zones or compartments thereof, and the requirements for the approval of compulsory or optional eradication programmes for Member States or zones or compartments thereof. |
(3) |
Commission Implementing Regulation (EU) 2021/620 (3) lays down implementing rules for the listed diseases referred to in Article 9(1), points (a), (b) and (c), of Regulation (EU) 2016/429 of animals, as regards the disease-free and non-vaccination status of certain Member States or zones or compartments thereof, and the approval of eradication programmes for those listed diseases. More particularly, it lists in the Annexes thereto, the Member States or zones or compartments thereof with disease-free status. The changing epidemiological situation of certain diseases makes it necessary to now amend certain Annexes to Implementing Regulation (EU) 2021/620 in order to list new disease-free Member States or zones thereof and to delete from the lists zones or compartments where disease outbreaks have been confirmed or where the conditions for maintaining the disease-free status are no longer met. |
(4) |
For infection with Mycobacterium tuberculosis complex (Mycobacterium bovis, M. caprae and M. tuberculosis) (MTBC), infection with Aujeszky’s disease virus (ADV), infection with bovine viral diarrhoea (BVD), infection with bluetongue virus (serotypes 1-24) (BTV), and infection with viral haemorrhagic septicaemia (VHS), several Member States have recently applied to the Commission to have disease-free status granted for part of their territory. Several Member States have also notified outbreaks of infection with rabies virus (RABV), BTV, and infection with haematopoietic necrosis (IHN) that also need to reflected in certain Annexes to Implementing Regulation (EU) 2021/620. |
(5) |
For infection with MTBC, Spain has submitted to the Commission information demonstrating that the conditions for recognition of disease-free status from infection with MTBC laid down in Delegated Regulation (EU) 2020/689 are fulfilled in the Autonomous Communities of the Balearic Islands, Catalonia and Murcia. Following the assessment by the Commission, those applications have been shown to comply with the criteria laid down in Part II, Chapter 4, of Delegated Regulation (EU) 2020/689 for the granting of disease-free status for MTBC. Therefore, those zones should be listed in Part I of Annex II to Implementing Regulation (EU) 2021/620, as having disease-free status for infection with MTBC. |
(6) |
For infection with ADV, Italy has submitted to the Commission information demonstrating that the conditions for recognition of the disease-free status from ADV laid down in Delegated Regulation (EU) 2020/689 are fulfilled for the regions of Trento and Veneto. Following the assessment by the Commission, those applications have been shown to comply with the criteria of Part II, Chapter 4, of Delegated Regulation (EU) 2020/689 for the granting of disease-free status for ADV. Therefore, those zones should be listed in Part I of Annex VI to Implementing Regulation (EU) 2021/620, as having disease-free status for infection with ADV. |
(7) |
For infection with BVD, Germany has submitted to the Commission information demonstrating that the conditions for recognition of disease-free status from BVD laid down in Delegated Regulation (EU) 2020/689 are fulfilled for Dachau, Straubing-Bogen und Günzburg in Bavaria. Following the assessment by the Commission, those applications have been shown to comply with the criteria laid down in Part II, Chapter 4, of Delegated Regulation (EU) 2020/689 for the granting of disease-free status for BVD. Therefore, those zones should be listed in Annex VII to Implementing Regulation (EU) 2021/620, as having disease-free status for infection with BVD. |
(8) |
Hungary has notified to the Commission several outbreaks of infection with RABV in Szabolcs-Szatmár-Bereg county. As the whole territory of Hungary has disease-free status from infection with RABV and is listed in Part I of Annex III to Implementing Regulation (EU) 2021/620, the disease-free status for Szabolcs-Szatmár-Bereg county should be withdrawn, and the entry for Hungary in that list should be amended accordingly. |
(9) |
For infection with RABV, Hungary also has submitted to the Commission an application to have an eradication programme approved for Szabolcs-Szatmár-Bereg county. Following the assessment by the Commission, that application has been shown to comply with the criteria laid down in Part II, Chapter 2, of Delegated Regulation (EU) 2020/689 for approval of eradication programmes for infection with RABV. Therefore, Szabolcs-Szatmár-Bereg county should be listed in Part II of Annex III to Implementing Regulation (EU) 2021/620, as a zone with an approved eradication programme for infection with RABV. |
(10) |
Portugal has notified to the Commission outbreaks of infection with BTV serotype 4 in Aveiro, Bragança, Coimbra, Guarda and Viseu districts, affecting also the surrounding districts. As those districts have disease-free status and are listed in Part I of Annex VIII to Implementing Regulation (EU) 2021/620, their disease-free status for infection with BTV should be withdrawn, and the entry for Portugal in that list should be amended accordingly. |
(11) |
Spain has notified to the Commission outbreaks of infection with BTV serotype 4 in the Toledo province in the Autonomous Community of Castilla-La Mancha, and in the Salamanca province in the Autonomous Community of Castilla y Leon affecting also areas in the Avila and Zamora province. As those areas have disease-free status and are listed in Part I of Annex VIII to Implementing Regulation (EU) 2021/620, their disease-free status for infection with BTV should be withdrawn, and the entry for Spain in that list should be amended accordingly. |
(12) |
As regards infection with BTV, Spain has also submitted to the Commission information demonstrating that the conditions for recognition of disease-free status from BTV are fulfilled for certain regions of the Autonomous Communities of Aragón and of Navarra and in certain regions in the Basque Autonomous Community. Following the assessment by the Commission, that application has been shown to comply with the criteria laid down in Part II, Chapter 4, of Delegated Regulation (EU) 2020/689 for the granting of disease-free status for BTV. As infection with BTV has been successfully eradicated from those Autonomous Communities, the whole territory of those Autonomous Communities, should, therefore, be listed in Part I of Annex VIII to Implementing Regulation (EU) 2021/620, as having disease-free status for infection with BTV. |
(13) |
As regards infection with BTV, Germany has submitted to the Commission information demonstrating that the conditions for recognition of disease-free status from BTV are fulfilled for Bundesland Saarland and for certain parts of Bundesland Rhineland-Palatinate. Following the assessment by the Commission, that application has been shown to comply with the criteria laid down in Part II, Chapter 4, of Delegated Regulation (EU) 2020/689 for the granting of disease-free status for BTV. Therefore, that zone should be listed in Part I of Annex VIII to Implementing Regulation (EU) 2021/620, as having disease-free status for infection with BTV. |
(14) |
As regards VHS, Finland has provided information which demonstrates that the conditions for the recognition of disease-free status from VHS are fulfilled for the province of Åland. That information complies with the criteria laid down in Part II, Chapter 4, of Delegated Regulation (EU) 2020/689 for the granting of disease-free status for VHS. As VHS has been successfully eradicated from the province of Åland, the whole territory of Finland should, therefore, be listed in Part I of Annex XII to Implementing Regulation (EU) 2021/620, as having disease-free status for VHS. |
(15) |
In addition, Finland has notified to the Commission an outbreak of IHN in the province of Åland, in an area which is listed as having disease-free status in Annex XIII to Implementing Regulation (EU) 2021/620. The disease-free status of the infected area should therefore be withdrawn and that compartment should be deleted from Part I of that Annex, and the entry for that Member State in that list should be amended accordingly. |
(16) |
Annexes II, III, VI, VII, VIII, XII and XIII to Implementing Regulation (EU) 2021/620 should therefore be amended accordingly. |
(17) |
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 II, III, VI, VII, VIII, XII and XIII to Implementing Regulation (EU) 2021/620 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third 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, 20 January 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Delegated Regulation (EU) 2020/689 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for surveillance, eradication programmes, and disease-free status for certain listed and emerging diseases (OJ L 174, 3.6.2020, p. 211).
(3) Commission Implementing Regulation (EU) 2021/620 of 15 April 2021 laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the approval of the disease-free and non-vaccination status of certain Member States or zones or compartments thereof as regards certain listed diseases and the approval of eradication programmes for those listed diseases (OJ L 131, 16.4.2021, p. 78).
ANNEX
Annexes II, III, VI, VII, VIII, XII and XIII to Implementing Regulation (EU) 2021/620 are amended as follows:
(1) |
Annex II is amended as follows:
|
(2) |
Annex III is amended as follows:
|
(3) |
Annex VI is amended as follows
|
(4) |
Annex VII is amended as follows:
|
(5) |
In Annex VIII, Part I is amended as follows:
|
(6) |
In Annex VIII, Part II is replaced by the following: ‘PART II Member States or zones thereof with an approved eradication programme for infection with BTV
|
(7) |
In Annex XII, Part I, the entry for Finland is replaced by the following:
|
(8) |
In Annex XIII, Part I, the entry for Finland is replaced by the following:
|
DECISIONS
23.1.2023 |
EN |
Official Journal of the European Union |
L 20/41 |
COUNCIL DECISION (EU) 2023/151
of 17 January 2023
on the position to be taken on behalf of the European Union in the EPA Committee established under the Interim Agreement in view of an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part as regards the establishment of the EPA Subcommittee on Agriculture and Rural Development
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, (the ‘Agreement’) (1), was signed in Brussels on 22 January 2009 pursuant to Council Decision 2009/152/EC (2), and has been applied on a provisional basis since 4 August 2014. |
(2) |
Under the terms of the Agreement, the Central Africa Party is composed of the Republic of Cameroon. |
(3) |
Pursuant to Article 92 of the Agreement, an EU-Central Africa EPA Committee is established, which is to be responsible for the administration of all areas covered by the Agreement and for the completion of all tasks referred to therein. |
(4) |
Pursuant to Article 5 of the Rules of Procedure of the EU-Central Africa EPA Committee, adopted on 15 December 2016 by Decision No 1/2016 of the EPA Committee (3), for the effective performance of its tasks the EU-Central Africa EPA Committee may set up under its authority sub-committees responsible for dealing with specific subjects under the Agreement. Accordingly, the EU-Central Africa EPA Committee can establish an EPA Subcommittee on Agriculture and Rural development in order to achieve the objectives of the Agreement. |
(5) |
It is appropriate to establish the position to be taken on the Union’s behalf concerning the establishment of an EPA Subcommittee on Agriculture and Rural Development as this will have legal effects in the Union. |
(6) |
The position of the Union as regards the establishment of the Subcommittee on Agriculture and Rural Development should therefore be based on the attached draft Decision, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf within the EPA Committee established under the Interim Agreement for an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, regarding the establishment of a Subcommittee on Agriculture and Rural Development, shall be based on the draft Decision of the EPA Committee attached to this Decision.
Article 2
After its adoption, the Decision of the EPA Committee shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 17 January 2023.
For the Council
The President
E. SVANTESSON
(2) Council Decision 2009/152/EC of 20 November 2008 on the signature and provisional application of the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (OJ L 57, 28.2.2009, p. 1).
DRAFT
DECISION No.../2023 OF THE EPA COMMITTEE established under the INTERIM AGREEMENT IN VIEW OF AN ECONOMIC PARTNERSHIP AGREEMENT between THE EUROPEAN COMMUNITY and ITS MEMBER STATES, of the one part, and THE CENTRAL AFRICA PARTY, of the other part,
of …
on the establishment of the EPA Subcommittee on Agriculture and Rural Development
THE EPA COMMITTEE,
Having regard to the Interim Agreement in view of an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, and in particular Article 92 thereof,
Having regard to Decision No 1/2016 of the EPA Committee of 15 December 2016 concerning the adoption of its Rules of Procedure, and in particular Article 5 thereof,
Whereas:
(1) |
Article 92 of the Interim Agreement in view of an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (the ‘Agreement’) (1), provides that the EPA Committee is to be responsible for the administration of all areas covered by the Agreement and for the completion of all tasks referred to therein. |
(2) |
Article 5 of Decision No 1/2016 of the EPA Committee of 15 December 2016 concerning the adoption of its Rules of Procedure (2) provides that the EPA Committee is able to set up under its authority sub-committees responsible for dealing with specific subjects under the Agreement. |
(3) |
It is necessary to establish an EPA Subcommittee on Agriculture and Rural Development, |
HAS ADOPTED THIS DECISION:
Article 1
1. The EPA Subcommittee on Agriculture and Rural Development for the partnership between the European Community and the Central Africa Party is hereby established to carry out the tasks set out in Article 2.
2. The main objective of the EPA Subcommittee on Agriculture and Rural Development is to facilitate exchanges on agricultural, pastoral, and rural development issues.
Article 2
1. The EPA Subcommittee on Agriculture and Rural Development shall be responsible for studying documents in order to elaborate on opinions, as well as developing, issuing opinions and making suggestions on agricultural, pastoral and rural development issues. It shall enable the Parties to exchange their experiences, information and best practices and to consult each other on all matters related to the general and specific objectives defined in Article 2 of Title I of the Agreement, and falling within the scope of the subcommittee as described below.
2. The EPA Subcommittee on Agriculture and Rural Development shall be responsible, under the authority of the EPA Committee, for:
(a) |
monitoring all aspects of Titles II, III and V of the Agreement relating to trade in agricultural and livestock products, sanitary and phytosanitary matters, food security and rural development, as well as intellectual property and sustainable development issues, as they apply to agricultural and livestock products; |
(b) |
engaging in policy dialogue on agriculture, livestock and rural development in the following areas:
|
3. The EPA Subcommittee on Agriculture and Rural Development shall also be responsible for monitoring the implementation of the recommendations of the EPA Committee insofar as they relate to the area of competence defined in paragraph 2.
4. The EPA Subcommittee shall submit its opinions to the EPA Committee.
Article 3
The EPA Subcommittee on Agriculture and Rural Development shall be composed, on the one hand, of representatives of the European Commission and, on the other hand, of representatives of the Central Africa Party. The parties represented may jointly decide to invite other participants, in particular representatives of stakeholders concerned by the subcommittee's field of competence.
Article 4
The EPA Subcommittee shall meet either in person or by any other appropriate means established by mutual agreement between the Parties. The agenda and the frequency of meetings of the subcommittee shall be determined by a consensus between the parties.
Article 5
This Decision shall enter into force on the date of its adoption.
Done at …, …
For the Republic of Cameroon
For the European Union