(1)

Commission Delegated Regulation (EU) 2022/1172 (2) aims at ensuring the smooth transition from the arrangements provided for in Regulation (EU) No 1306/2013 of the European Parliament and of the Council (3). Article 12 of Delegated Regulation (EU) 2022/1172 therefore lays down transitional rules regarding the application of Article 104(1), second subparagraph, point (a)(iv), of Regulation (EU) 2021/2116, in order to avoid excessive administrative costs and burdens related to conditionality and cross-compliance checks applied to beneficiaries who receive area-based payments under both a CAP Strategic Plan pursuant to Regulation (EU) 2021/2115 of the European Parliament and of the Council (4) and a rural development programme implemented under Regulation (EU) No 1305/2013 of the European Parliament and of the Council (5) until 31 December 2025.

(2)

However, by omission, references to the provisions on area-based payments for afforestation, the creation of woodland, the establishment of agroforestry systems, payments to areas facing natural or other specific constraints, forest-environmental-climate services and forest conservation are missing in Article 12 of Delegated Regulation (EU) 2022/1172. That error should be corrected in order to avoid unnecessary administrative costs because of overlapping conditionality and cross-compliance checks. References to Article 21(1), points (a) and (b), and Articles 31 and 34 of Regulation (EU) No 1305/2013 should therefore be included in Article 12 of Delegated Regulation (EU) 2022/1172.

(3)

Delegated Regulation (EU) 2022/1172 should therefore be corrected accordingly.

(4)

With a view to ensuring continuity in the provision of checks on compliance with the rules on conditionality, as referred to in Article 83 of Regulation (EU) 2021/2116, this Regulation should enter into force as a matter of urgency and should apply retroactively from the date of application of Delegated Regulation (EU) 2022/1172,

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

(1)

The Convention on International Civil Aviation, which was signed in Chicago on 7 December 1944 (the ‘Chicago Convention’), entered into force on 4 April 1947. It established the International Civil Aviation Organization (‘ICAO’) and regulates international air transport.

(2)

The Member States are Contracting Parties to the Chicago Convention and ICAO Contracting States, while the Union has observer status in certain ICAO bodies.

(3)

Pursuant to Article 54(l) of the Chicago Convention, the Council of the ICAO (‘ICAO Council’) can adopt international standards and recommended practices (‘SARPs’) for civil aviation and designate them as Annexes to the Chicago Convention (‘ICAO Annexes’).

(4)

Pursuant to Article 90 of the Chicago Convention, any ICAO Annex or any amendment to an ICAO Annex becomes effective within three months after its submission to the ICAO Contracting States, or at the end of such longer period of time as the ICAO Council prescribes, unless in the meantime a majority of ICAO Contracting States register their disapproval. Once they have been adopted by the ICAO Council and have become effective, international standards are binding on all ICAO Contracting States, including all Member States of the Union, in accordance with and within the limits set out in the Chicago Convention, in particular in Articles 37 and 38 thereof.

(5)

Pursuant to Article 38 of the Chicago Convention, any ICAO Contracting State which finds it impracticable to comply in all respects with any international standard or to bring its own regulations or practices into full accord with any international standard after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, is to give immediate notification to ICAO of the differences between its own regulations or practices and those established by the international standard. In the case of amendments to international standards, any State which does not make the appropriate amendments to its own regulations or practices is to give notice to ICAO within sixty days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take.

(6)

The internal rules of the ICAO, in particular those which cause the latest versions of documents for decisions regarding new SARPs or amendments to SARPs to be available to the ICAO Council only late, the deadlines set by the ICAO for ICAO Contracting States to notify differences with respect to international standards, as well as the sheer number of differences in the areas of civil aviation safety, air navigation and air traffic management to be notified each year, make it difficult to establish the position to be taken on the Union’s behalf in a Council Decision based on Article 218(9) Treaty on the Functioning of the European Union in a timely manner for new SARPs or amendments to SARPs to be adopted, or for each difference to be notified.

(7)

It is therefore appropriate to establish the criteria and procedure to be followed for establishing the position to be taken on the Union’s behalf regarding the adoption of SARPs or amendments to SARPs, insofar as those SARPs are capable of decisively influencing the content of Union law in the area of civil aviation, as well as regarding decisions to disapprove or not to disapprove SARPs pursuant to Article 90 of the Chicago Convention and regarding the notification of differences with respect to international standards pursuant to Article 38 of the Chicago Convention.

(8)

Given the specificity of civil aviation safety, air navigation and air traffic management compared to other areas dealt with by the ICAO, in particular the high number of SARPs adopted in those areas by the ICAO Council every year and the number of differences to be notified every year, this Decision should relate solely to the civil aviation safety, air navigation and air traffic management in order to streamline processes to swiftly establish the position to be taken on the Union’s behalf for the adoption of new SARPs and amendments to SARPs, the decisions to disapprove or not to disapprove SARPs or amendments to SARPs adopted by the ICAO Council and deal with the numerous notifications in an efficient way.

(9)

The SARPs adopted by the ICAO Council in the field of civil aviation safety, air navigation and air traffic management can concern matters of Union exclusive competence and might be capable of decisively influencing the content of Union law. It is therefore efficient and appropriate, by means of a decision, to establish the criteria and procedure to be followed for establishing the position to be taken on the Union’s behalf with respect to SARPs in those fields, without prejudice to the rights and obligations of Member States as ICAO Contracting States under the Chicago Convention. At ICAO level, civil aviation safety, air navigation and air traffic management SARPs are mainly contained in ICAO Annexes 1, 2, 3, 4, 6, 8, 10, 11, 14, 15, 18 and 19.

(10)

At Union level, the requirements contained in SARPs for civil aviation safety are mainly reflected and referred to in Regulation (EU) 2018/1139 (1), Regulation (EC) No 2111/2005 (2) of the European Parliament and of the Council and in the implementing and delegated acts adopted on the basis thereof in particular Commission Regulations (EU) No 1178/2011 (3), (EU) No 748/2012 (4), (EU) No 965/2012 (5), (EU) No 139/2014 (6), (EU) No 452/2014 (7), (EU) No 1321/2014 (8), (EU) 2015/640 (9), Commission Implementing Regulation (EU) 2019/947 (10), Commission Delegated Regulation (EU) 2019/945 (11), and Commission Implementing Regulation (EU) 2021/664 (12).

(11)

At Union level, the requirements contained in SARPs for air navigation and air traffic management are mainly reflected and referred to in Regulations (EC) No 549/2004 (13), (EC) No 550/2004 (14), (EC) No 551/2004 (15) of the European Parliament and of the Council and in the implementing and delegated acts adopted on the basis thereof in particular Commission Implementing Regulation (EU) No 923/2012 (16), Commission Regulation (EU) No 1332/2011 (17), Commission Implementing Regulation (EU) 2018/1048 (18), and Commission Regulation (EU) 2015/340 (19).

(12)

This Decision should concern only the positions to be taken on Union’s behalf within the ICAO in areas of Union exclusive competence. This Decision is without prejudice to the possibility for the Council to adopt, upon a Commission proposal, decisions based on Article 218(9) TFUE establishing the position to be taken on the Union’s behalf within the ICAO in particular in areas falling outside the scope of this Decision, including where the shared competence of the Union has not yet been exercised.

(13)

Except in particular cases regarding the notification of certain differences stemming from the adoption of national measures pursuant to Article 71 of Regulation (EU) 2018/1139, the position to be taken on the Union’s behalf should be based on a document submitted by the Commission to the Council in due time to allow for discussion and approval. The Commission should endeavour to start preparing such document as soon as possible in order to allow sufficient time for it to be prepared, including for any appropriate consultation to be conducted at expert level. The Commission’s document should, where appropriate and on a case-by-case basis, indicate whether flexibility should be granted to Member States as regards the adoption of new SARPs or amendments to SARPs by the ICAO Council, and, in such cases, the extent of such flexibility and the conditions for agreement thereto, or as regards the form of the notification of the differences in question. Where required by the ICAO, notification of differences should follow the format defined by the ICAO in the Electronic Filing of Differences system.

Where, pursuant to this Decision, the position to be taken on behalf of the Union is established in a document submitted by the Commission to the Council for discussion and approval, that document should, where appropriate and on a case-by-case basis, indicate whether flexibility should be granted to Member States as regards the form of the notification of the differences in question. Moreover, the Commission should endeavour to start preparing such document as soon as possible in order to allow sufficient time for it to be prepared, including for any appropriate consultation to be conducted at expert level.

(14)

As regards the adoption of new SARPs or amendments to SARPs and decisions to disapprove or not to disapprove SARPs or amendments to SARPs adopted by the ICAO Council, the document submitted by the Commission should be based on the objectives and guidelines set out in the Annex and should take into account the materials provided by the ICAO ahead of any deliberations on new SARPs or amendments to SARPs at the ICAO Council as well as the information provided by the European Union Aviation Safety Agency (EASA) in accordance with Article 90(1) and (3) of Regulation (EU) 2018/1139, where applicable.

(15)

The position as regards the adoption of new SARPs or amendments to SARPs by the ICAO Council should be expressed by the Member States of the Union that are members of the ICAO Council, acting jointly in the interest of the Union.

(16)

The position as regards decisions whether to disapprove or not to disapprove new SARPs or amendments to SARPs adopted by the ICAO Council should be expressed by the Member States of the Union that are members of the ICAO, acting jointly in the interest of the Union.

(17)

Differences with respect to adopted international standards, that are to be notified to ICAO, should be based in particular on the information provided by EASA in accordance with Article 90(4) of Regulation (EU) 2018/1139, where applicable.

(18)

Differences with respect to international standards adopted by the ICAO Council can stem from Union law due to the adoption of a new or amended international standard by the ICAO Council or due to a change in Union law. The position to be taken on the Union’s behalf as regards such differences should be based on a document submitted by the Commission to the Council in due time to allow for discussion and approval.

(19)

Differences with respect to international standards adopted by the ICAO Council can also stem from national measures adopted pursuant to Article 71 of Regulation (EU) 2018/1139 in the event of urgent unforeseeable circumstances, where those measures differ from international standards and therefore require the notification of differences to the ICAO pursuant to Article 38 of the Chicago Convention. It is therefore also appropriate in this Decision to establish the criteria and the procedure to be followed for the identification of such differences. That procedure should depend on the scope and duration of the national measures adopted and should enable Member States to comply with their international obligations under Article 38 of the Chicago Convention without delay. That procedure should be without prejudice to the conditions and procedure laid down in Article 71 of Regulation (EU) 2018/1139.

(20)

The position as regards differences with respect to adopted international standards, that are to be notified to the ICAO, should be expressed by the Member States of the Union that are members of the ICAO, acting jointly in the interest of the Union.

(21)

The implementation of this Decision should not entail a breach of Member States’ obligations under Union law or of their international obligations under the Chicago Convention.

(22)

For the purposes of the implementation of this Decision, Member States and the Commission, in line with the Union’s observer status, should act in close cooperation in accordance with their duty of sincere cooperation.

(23)

This Decision should apply for a limited period of time, namely only until after the ICAO Council session following the 42nd Assembly of the ICAO. The Commission should submit to the Council a written evaluation of the application of this Decision to serve as the basis for any potential extension or amendment to this Decision.

(24)

It is appropriate to establish the criteria and the procedure for establishing the position to be taken on behalf of the Union within the ICAO as regards the adoption of, or amendments to, international standards and recommended practices, and the notification of differences with respect to adopted international standards,

(1)

The Association Agreement between the European Union and the European Atomic Energy Community, and their Member States of the one part, and Ukraine, of the other part (1) (‘the Agreement’) entered into force on 1 September 2017.

(2)

Pursuant to Article 11 of Annex XVII to the Agreement, the Association Committee in Trade configuration (‘the Trade Committee’) may modify Annex XVII to that Agreement.

(3)

The Trade Committee should adopt the draft Decision on modifying Appendix XVII-3 (Rules applicable to telecommunication services) of Annex XVII to the Agreement in the course of 2023.

(4)

As stated in the preamble to the Agreement and in accordance with Article 124 of the Agreement, the Parties recognise the importance of the approximation of Ukraine’s existing legislation to that of the European Union, meaning that Ukraine is to ensure that its existing laws and future legislation will be gradually made compatible with the Union acquis.

(5)

Ukraine has requested further integration with regards to the roaming sector in the Union, in particular through internal market treatment of roaming services.

(6)

Considering that Appendix XVII-3 (Rules applicable to telecommunication services) of Annex XVII to the Agreement should be complemented by the relevant Union acts relating to roaming on public mobile communications networks, it is necessary to modify that Appendix by adding Regulation (EU) 2022/612 of the European Parliament and of the Council (2), Commission Implementing Regulation (EU) 2016/2286 (3), Commission Delegated Regulation (EU) 2021/654 (4) and Regulation (EU) 2018/1971 of the European Parliament and of the Council (5). Directive (EU) 2018/1972 of the European Parliament and of the Council (6) is already covered by Appendix XVII-3 of Annex XVII to the Agreement.

(7)

It is therefore appropriate to establish the position to be taken on the Union’s behalf in the Trade Committee, as the Decision modifying Appendix XVII-3 (Rules applicable to telecommunication services) of Annex XVII to the Agreement will be binding upon the Union,

(1)

Regulation (EC) No 1367/2006 lays down rules to apply the provisions of the Aarhus Convention within Union institutions and bodies.

(2)

Title IV of that Regulation sets out provisions on internal review of administrative acts and omissions.

(3)

Article 11(1) and 11(1a) of Regulation (EC) No 1367/2006 set out criteria and conditions for the entitlement at Union level of non-governmental organisations and other members of the public to make a request for internal review in accordance with Article 10 thereof, the transparent and consistent application of which requires detailed rules on the evidence to be provided with the requests, the calculation of time limits for reply to requests and cooperation between Union institutions and bodies.

(4)

Pursuant to Article 11a paragraph (2) of Regulation (EC) No 1367/2006, for the sake of transparency and effective case handling, the Commission has established an online system with the objective that all requests addressed to the Commission are submitted through this system. This is without prejudice to any future decision by other Union institutions and bodies who may also establish online systems for receipt of requests for internal review in the future.

(5)

Regulation (EU) 2018/1725 of the European Parliament and of the Council (2) applies to the processing of personal data carried out by the Commission in application of this Decision. It is appropriate to clarify that the Commission is to be considered the data controller within the meaning of Regulation (EU) 2018/1725 in relation to the processing of personal data in the online platform.

(6)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered his formal comments on 17 February 2023.

(7)

Regulation (EC) No 1367/2006 is amended by Regulation (EU) 2021/1767 of the European Parliament and of the Council (3). Amendments to Article 11(1) of Regulation (EC) No 1367/2006 apply from 29 April 2023. This Decision should therefore apply from the same date.

(8)

Since this Decision is laying down new provisions to ensure the effective application of Regulation (EC) No 1367/2006 as amended by Regulation (EU) 2021/1767, Commission Decision 2008/50/EC (4) should be repealed with effects on the same date.

(1)

Commission Implementing Decision (EU) 2021/260 (2) establishes, in Annexes I and II thereto, lists of Member States or parts thereof which are regarded as being free from certain diseases of aquatic animals, not listed under Article 9(1), point (d) of Regulation (EU) 2016/429, or which are subject to an eradication programme for those diseases.

(2)

Denmark has notified the Commission that four of the compartments within its territory, which are listed in Annex I to Implementing Decision (EU) 2021/260, have ceased to exist and should, therefore, be removed from the list of compartments which are regarded as being free from infectious pancreatic necrosis (IPN) in Denmark. One of those compartments should also be removed from the list of compartments which are regarded as being free from bacterial kidney disease (BKD).

(3)

Denmark has also notified the Commission that there has been an outbreak of IPN in one of the compartments within its territory, which is listed in Annex II to Implementing Decision (EU) 2021/260. That compartment is no longer subject to an eradication programme for IPN and should, therefore, be removed from the list.

(4)

In addition, Denmark has notified the Commission that a new compartment within its territory has commenced an eradication programme for BKD. This compartment should, therefore, be added to the list of compartments that are subject to an eradication programme for BKD in Annex II to Implementing Decision (EU) 2021/260.

(5)

Denmark has also notified the Commission that a compartment within its territory, which is listed in Annex II to Implementing Decision (EU) 2021/260, has successfully completed an eradication programme for BKD and an eradication programme for IPN. This compartment should, therefore, be removed from the list in that Annex and should, instead, be inserted into the list of compartments, that are regarded as being free from BKD and the list of compartments which are free from IPN, in Annex I to that Implementing Decision.

(6)

Furthermore, the United Kingdom in respect of Northern Ireland, has notified the Commission that as all areas of Northern Ireland where aquaculture animals which are susceptible to Ostreid herpesvirus-1μνar are kept, are no longer free from that disease, maintaining national measures to control it, is no longer considered necessary. The territory of Northern Ireland except Dundrum Bay, Killough Bay, Lough Foyle, Carlingford Lough, Larne Lough and Strangford Lough, which is listed in Annex I to Implementing Decision (EU) 2021/260 should, therefore, be removed from that list.

(7)

Annexes I and II to Implementing Decision (EU) 2021/260 should, therefore, be amended accordingly.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,