(1)

The Bulgarian, Croatian and Lithuanian language versions of Commission Regulation (EC) No 124/2009 (2) contain an error in the Annex, in the header of the third column of the table, as regards the maximum content of substances in foodstuffs.

(2)

The Bulgarian, Croatian and Lithuanian language versions of Regulation (EC) No 124/2009 should therefore be corrected accordingly. The other language versions are not affected.

(3)

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

(1)

Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union.

(2)

Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) establishing a Union list of authorised novel foods was adopted.

(3)

Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to submit a draft implementing act authorising the placing on the Union market of a novel food and on the update of the Union list.

(4)

On 18 April 2018, the company Access Business Group International LLC (‘the applicant’) submitted a request to the Commission to place partially defatted chia seed (Salvia hispanica) powder on the Union market as novel food in accordance with Article 10(1) of Regulation (EU) 2015/2283. The applicant requested for the chia seed (Salvia hispanica) powder to be used in a number of food categories for the general population as follows: unflavoured fermented milk products, including natural unflavoured buttermilk (excluding sterilised buttermilk) non-heat-treated after fermentation; unflavoured fermented milk products, heat-treated after fermentation; flavoured fermented milk products including heat-treated products; confectionery; fruit and vegetable juices; fruit and vegetable nectars and similar products; flavoured drinks; food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council (3), excluding food supplements for infants and young children; pasta.

(5)

On 16 July 2018, the applicant submitted a request to the Commission to place another partially defatted chia (Salvia hispanica) seed powder on the Union market as novel food in accordance with Article 10(1) of Regulation (EU) 2015/2283. The applicant requested for the chia seed (Salvia hispanica) powder to be used in a number of food categories for the general population as follows: confectionery; fruit and vegetable juices; fruit and vegetable nectars and similar products; flavoured drinks; food supplements as defined in Directive 2002/46/EC, excluding food supplements for infants and young children; pasta.

(6)

The two applications to the Commission concern the authorisation of two different partially defatted chia seed (Salvia hispanica) powders as a novel food. Both chia seed (Salvia hispanica) powders are partially defatted, obtained by pressing and grinding of the whole chia seeds (Salvia hispanica). Main differences between the two powders are particle sizes and the content of some macronutrients. The powder with high protein content has a particle size below 130 μm and protein content of at least 40 %, while the powder with high fibre content has a particle size below 400 μm and dietary fibre content of at least 50 %. The proposed uses of both powders are also similar.

(7)

In accordance with Article 10(3) of Regulation (EU) 2015/2283, the Commission consulted the European Food Safety Authority (‘Authority’) on 22 June 2018 and 22 October 2018 respectively, asking it to provide a scientific opinion by carrying out an assessment for chia seed (Salvia hispanica) powders as novel foods. Taking into consideration the similarities between the two types of partially defatted chia seed (Salvia hispanica) powders, their safety assessment by the Authority was merged.

(8)

On 15 May 2019, the Authority adopted the scientific opinion ‘Safety of chia seeds (Salvia hispanica L.) powders, as novel foods, pursuant to Regulation (EU) 2015/2283’ (4). That opinion is in line with the requirements of Article 11 of Regulation (EU) 2015/2283.

(9)

In that opinion, the Authority concluded that partially defatted chia seed (Salvia hispanica) powders are safe under the assessed conditions of use. Therefore, the opinion of the Authority gives sufficient grounds to establish that partially defatted chia seed (Salvia hispanica) powders, under the assessed uses and use levels, when used in unflavoured fermented milk products, including natural unflavoured buttermilk (excluding sterilised buttermilk) non-heat-treated after fermentation; unflavoured fermented milk products, heat-treated after fermentation; flavoured fermented milk products including heat-treated products; confectionery; fruit and vegetable juices; fruit and vegetable nectars and similar products; flavoured drinks; food supplements as defined in Directive 2002/46/EC, excluding food supplements for infants and young children, comply with Article 12(1) of Regulation (EU) 2015/2283.

(10)

In its scientific opinion, ‘Safety of chia seeds (Salvia hispanica L.) as a novel food for extended uses pursuant to Regulation (EU) 2015/2283’ (5) the Authority considered one study which pointed to the possible formation of acrylamide when chia seeds (Salvia hispanica) are used in foods, requiring heat treatment at or above 120 °C in their manufacture, processing or preparation. The Authority considered that this study is also applicable to the assessment of the chia seed (Salvia hispanica) powders, since they only differ from chia seeds (Salvia hispanica) already included in the Union list as regards defatting, a treatment which is neutral with regard to the formation of acrylamide.

(11)

The Authority noted that the food ‘pasta’ may be subject to heat treatment to temperatures above 120 °C and potentially could represent a relevant source of acrylamide, while other proposed food categories do not present safety concerns in relation to possible formation of acrylamide.

(12)

In the opinion on safety of chia seed (Salvia hispanica L.) powders, the Authority considered that additional information is needed from the applicant and/or from the public domain, to address the potential for acrylamide formation when foods containing chia seed (Salvia hispanica) powders undergo heat treatment at or above 120 °C. In accordance with Article 11(4) of Regulation (EU) 2015/2283 the Authority has requested additional information from the applicant relating to potential formation of process contaminants which may be formed during processing and production of a food (at the level of the manufacturer) and/or when a food with added chia seed (Salvia hispanica) powders is subjected to cooking (heat treatment at consumer level). The period set for the provision of the additional information was set for the 13 May 2019. Although the applicant provided additional information by the set deadline, the Authority concluded that the information provided is not sufficient to address potential formation of acrylamide in pasta at temperatures above 120 °C which could potentially represent a relevant source of acrylamide at consumer level.

(13)

In the absence of information on the potential formation of acrylamide in ‘pasta’, if subject to such heat treatment, the Authority deferred the evaluation of chia seeds powder in pasta to when the additional information becomes available. It follows, that the Commission, at this stage, does not dispose of the opinion of the Authority necessary pursuant to Article 12(1)(a) and (c) of Regulation (EU) 2015/2283 for the approval of the use of chia seed (Salvia hispanica) powders in pasta that may be subject to heat-treatment at or above 120 °C. Therefore, a further decision about such use will be taken after the publication of the relevant opinion of the Authority.

(14)

The opinion of the Authority also identified two case reports from the available scientific literature, which linked the consumption of chia seeds (Salvia hispanica) to allergic reactions and concluded on this basis that allergic reactions upon consumption of chia seeds may occur. Furthermore, the Authority considers that the allergenic potential of chia seed (Salvia hispanica) powders is similar to that of chia seeds (Salvia hispanica) because the manufacturing steps employed in the production of the powders are not expected to modify the allergenic potential of the chia seeds (Salvia hispanica). Considering that, to date, only those two allergy cases have been reported and, in light of the widespread consumption of chia seeds (Salvia hispanica) and their presence on the Union and global market for many years, no specific labelling requirements concerning potential allergic reactions upon consumption of chia seed (Salvia hispanica) powders should be included in the Union list of authorised novel foods, until further scientific evidence on the allergenic potential of chia seeds (Salvia hispanica) is obtained and assessed by the Authority.

(15)

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

(1)

Commission Implementing Regulation (EU) No 809/2014 (2) provides for the final date of submission of the single application, aid applications or payment claims, for the final date for notification of amendments to the single application or payment claim and for the final date for submission of applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme.

(2)

Due to the current situation resulting from the pandemic caused by COVID-19 and the extensive movement restrictions put in place in the Member States exceptional administrative difficulties have been encountered in all Member States.

(3)

That situation has affected the possibility of beneficiaries to submit the single application, aid applications or payment claims and applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme within the time limits provided for in Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014.

(4)

In view of that situation, it is appropriate to provide for a derogation from Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014 which enables Member States to fix for the year 2020 a final date of submission of the single application, aid applications or payment claims and a final date for submission of applications for allocation of payment entitlements or the increase of the value of payments entitlements under the basic payment scheme that are later than those provided for in those Articles. Since the dates and periods referred to in Articles 11(4), 15(2) and (2a) of Implementing Regulation (EU) No 809/2014 are linked to the final date provided for in Article 13(1) of that Regulation, a similar derogation should be provided for the notification of the results of preliminary checks and of amendments to the single application or payment claim.

(5)

Since those derogations should cover the single application, aid applications and payment claims, amendments to the single application or payment claim and applications for allocation of payment entitlements for the year 2020, it is appropriate that this Regulation applies to applications and payment claims relating to the year 2020.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments and the Committee for Rural Development,

(1)

On 24 January 2020 the United States of America ("United States") adopted safeguard measures in the form of a tariff increase on imports of certain derivative aluminium products and certain derivative steel products, effective from 8 February 2020, with an unlimited duration.

(2)

Notwithstanding the United States' characterisation of these measures as security measures, they are in essence safeguard measures. They consist of remedial action that disturbs the balance of concessions and obligations resulting from the Agreement Establishing the World Trade Organization ("WTO") and restricts imports for the purpose of protecting domestic industry against foreign competition, for the sake of that industry's commercial prosperity. The security exceptions of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") do not apply to or justify such safeguard measures, and have no bearing on the right of rebalancing under the relevant provisions of the WTO Agreement.

(3)

The WTO Agreement on Safeguards provides for the right of any exporting Member affected by a safeguard measure to suspend the application of substantially equivalent obligations under the GATT 1994 to the trade of the WTO Member applying the safeguard measure, provided that no satisfactory solution is reached in consultations between those Members and that the WTO Council for Trade in Goods does not disapprove.

(4)

Consultations between the United States and the Union as envisaged in Articles 8 and 12.3 of the WTO Agreement on Safeguards did not result in any satisfactory solution (2).

(5)

The suspension by the Union of substantially equivalent concessions or other obligations should take effect following the expiration of 30 days after its notification to the Council for Trade in Goods, unless the Council for Trade in Goods disapproves.

(6)

The WTO Agreement allows for the right of suspension to be exercised (a) immediately, provided that the safeguard measure has not been taken as a result of an absolute increase in imports, or does not conform to the relevant provisions of the WTO Agreement, or (b) after the expiry of a period of three years as from the application of the safeguard measure.

(7)

The United States' safeguard measures are capable of having a considerable negative economic impact on the Union industries concerned. They would significantly limit Union exports of the relevant derivative aluminium products and the relevant derivative steel products to the United States. The affected Union imports of the relevant derivative aluminium and steel products into the United States are worth nearly EUR 40 million in 2019.

(8)

Therefore, a suspension of trade concessions in the form of an increase in customs duties on selected products originating in the United States imported into the Union, which reflect and do not exceed the amount that would result from the application of the United States' duties to the imports of the relevant derivative aluminium products and the relevant derivative steel products from the Union into the United States, represents an appropriate suspension of the application of substantially equivalent trade concessions in line with the WTO Agreement on Safeguards.

(9)

The Commission exercises the right to rebalance concessions in the trade relations with third countries on the basis of Article 4(1) of Regulation (EU) No 654/2014. The appropriate action takes the form of commercial policy measures, which should consist of the suspension of tariff concessions and the imposition of new or increased customs duties.

(10)

In designing and selecting these measures, the Commission has applied objective criteria in accordance with Article 4(2)(c) and Article 4(3) of Regulation (EU) No 654/2014, including as relevant the proportionality of any measures, their potential to provide relief to the Union industries affected by the safeguard measures, and the aim of minimising negative economic impact on the Union. In line with Article 9 of Regulation (EU) No 654/2014, the Commission has provided an opportunity for stakeholders to express their views and submit information regarding the relevant Union's economic interests (3).

(11)

Accordingly, the Commission has ensured that the additional customs duties are proportionate to the effect of the United States' safeguard measures and not excessive, as described in recitals (8), (16) and (18).

(12)

Furthermore, the selected measures have the potential to provide some relief to the Union steel and aluminium industries affected by the United States' safeguard measures.

(13)

Finally, these measures concern imports of products originating in the United States on which the Union is not substantially dependent for its supply. This approach avoids as much as possible a negative impact on the various actors on the Union market, including consumers.

(14)

Reflecting the timing requirements described in recital (6), and absent disapproval by the Council for Trade in Goods as referred to in recital (5), the additional customs duties should apply in two stages.

(15)

At the first stage, an ad valorem duty of 20 % and 7 % on imports of the products specified in Article 1(2)(a), should be applied from 8 May 2020 and until the United States ceases to apply its safeguard measures to products from the Union.

(16)

The total amount of ad valorem duties at the first stage reflects the United States' tariff increase of 10 % and 25 % on imports of bumper stampings of aluminium, comprising parts and accessories of the motor vehicles of headings 8701 to 8705, and bumper stampings of steel, comprising parts and accessories of the motor vehicles of headings 8701 to 8705 (both described in HTS (4) code 8708 10 30), and body stampings of aluminium for tractors suitable for agricultural use and body stampings of steel for tractors suitable for agricultural use (both described in HTS code 8708 29 21) (5) from the Union into the United States (EUR 19 million total value of Union imports into the United States in 2019). These are the products for which the United States' safeguard measures have not been taken as a result of an absolute increase in imports.

(17)

At the second stage, a further additional ad valorem duty of 4,4 % on imports of the product specified in Article 1(2)(b), should be applied as from 8 February 2023 or upon the adoption by, or notification to, the WTO Dispute Settlement Body of a ruling that the United States' safeguard measures are inconsistent with the relevant provisions of the WTO Agreement, if that is earlier, until the United States' safeguard measures cease to apply.

(18)

The total amount of ad valorem duties at the second stage reflects the United States' tariff increase of 10 % and 25 % on imports of the rest of the relevant products from the Union into the United States (6) (EUR 21 million total value of Union imports into the United States in 2019). These are the products for which the United States’ safeguard measures may have been taken as a result of an absolute increase in imports.

(19)

The Commission may amend this Regulation to account for any modification of or amendment to the United States' safeguard measures, including through product or company exclusion.

(20)

This Regulation is without prejudice to the question of the consistency of the United States' safeguard measures with the relevant provisions of the WTO Agreement.

(21)

In light of the applicable WTO time limits, it is appropriate that this act should enter into force on the day on which it is published in the Official Journal of the European Union.

(22)

The measures provided for in this Regulation are in accordance with the opinion of the Trade Barriers Committee, established by Regulation (EU) 2015/1843 of the European Parliament and of the Council (7),

(1)

Regulation (EC) No 66/2010 provides that the EU Ecolabel may be awarded to products with a reduced environmental impact during their entire life cycle. Specific EU Ecolabel criteria are to be established for each product group.

(2)

Commission Decision 2014/312/EU (2) establishes the criteria, and related assessment and verifications requirements, for indoor and outdoor paints and varnishes.

(3)

A derogation for zinc oxide (ZnO, CAS: 1314-13-2), classified with the hazards: H400, aquatic acute toxicity category 1, and H410, aquatic chronic toxicity category 1 was set out in point 1(d) of the Appendix to Decision 2014/312/EU for use as a stabiliser for dry film preservative combinations that require zinc pyrithione (ZPT) or 1,2 Benzisothiazol-3(2H)-one (BIT) up to a concentration of 0,05 %.

(4)

BIT is not approved for use as dry film preservative in accordance with the Annex of Commission Decision 2010/72/EU (3). Therefore, the above mentioned point 1(d) needs to be amended accordingly.

(5)

Several national competent bodies that award the EU Ecolabel have suggested an extension of the current derogation for zinc oxide in order to allow its use as a preservative stabilizer to cover also ‘in-can preservation’ and preservation of ‘tinting pastes’.

(6)

In line with the conclusions of the EU Ecolabel Fitness check (REFIT) of 30 June 2017, the Commission services, together with the EU Ecolabelling Board, assessed the relevance of this amendment to guarantee a high uptake of the scheme for this product group. Public stakeholders have also been consulted.

(7)

Based on information available from suppliers and paint manufacturers, ZnO is used for stabilizing purposes within paints and varnishes in combination with the two following preservatives: ZPT and BIT, used to fight unwanted microbial growth in paints.

(8)

ZnO provides a stabilizing function to paints in which ZPT and BIT are used as preservatives. ZnO prevents the propensity of ZPT to transchelate with other metal ions, typically iron and calcium, and to form coloured complexes that lead to an unwanted change in colour of the paint. In combinations with BIT, ZnO prevents it from moving from the water phase to the organic phase of paints (e.g. the binder) thus increasing its availability in the water phase where the risk for microbial growth is higher. Without ZnO the paint life-time would be reduced to a few weeks, also reducing its shelf life.

(9)

Decision 2014/312/EU already allows the use of ZPT for the three functions: as in-can preservative, as tinting machine preservative and as dry-film preservative, up to a concentration of 0,05 %, and allows the use of BIT at a concentration of 0,05 % in the final, ready to use, product. It seems therefore appropriate to allow also the use of stabiliser ZnO for the same applications.

(10)

Where ZnO is used to stabilise ‘in-can’ or ‘tinting paste’ preservation combinations, impacts on the environment are expected to be lower than where used in dry-film preservation combinations, (already derogated within the current criteria), as a typical dose of ZPT for a dry-film preservation application of an outdoor paint would be approximately 10 times higher in magnitude in comparison to that needed for indoor in-can preservation.

(11)

Alternatives in use by manufacturers, in the form of other preservation combinations that would not need ZnO for stabilisation purposes, mostly use MIT (2-methyl-2H-isothiazol-3one). However, according to the third paragraph of Article 3 of Commission Regulation (EU) 2018/1480 (4), as of 1 May 2020 MIT will be classified, inter alia, as Skin Sens 1A with the Hazard statement Code H317 (may cause an allergic skin reaction). This will trigger the hazard classification Skin Sens 1A with the Hazard Statement Code H317 also for the final paint products in which MIT will be used at or above a concentration of 15 ppm. Current scientific research shows that MIT is not effective, as a preservative, if used in concentrations below 15 ppm.

(12)

ZPT, BIT or their combinations are considered the other viable options to replace MIT, but they will be requiring the use of ZnO in all its possible applications.

(13)

Therefore, it is not technically feasible to substitute ZnO.

(14)

Data provided by stakeholders prove that in order to achieve sufficient stabilisation performance, up to 0,030 % ZnO is needed for in-can and tinting preservation combinations containing ZPT while 0,010-0,040 % ZnO is needed in combinations with BIT.

(15)

Decision 2014/312/EU should therefore be amended accordingly.

(16)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 16 of Regulation (EC) No 66/2010,

(1)

Commission Implementing Decision (EU) 2020/47 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings where poultry are kept in certain Member States, and the establishment of protection and surveillance zones by those Member States in accordance with Council Directive 2005/94/EC (4).

(2)

Implementing Decision (EU) 2020/47 provides that the protection and surveillance zones established by the Member States listed in the Annex to that Implementing Decision, in accordance with Directive 2005/94/EC, are to comprise at least the areas listed as protection and surveillance zones in that Annex.

(3)

The Annex to Implementing Decision (EU) 2020/47 was recently amended by Commission Implementing Decision (EU) 2020/454 (5), following outbreaks of highly pathogenic avian influenza of subtype H5N8 in poultry in Germany, Hungary and Poland that needed to be reflected in that Annex.

(4)

Since the date of adoption of Implementing Decision (EU) 2020/454, Germany has notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H5N8 in a holding where poultry were kept, in the Börde district.

(5)

In addition, Hungary has notified the Commission of additional outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings where poultry were kept, in the Bács-Kiskun and Csongrád counties.

(6)

The new outbreaks in Germany and Hungary, are located outside the boundaries of areas currently listed in the Annex to Implementing Decision (EU) 2020/47, and the competent authorities of those Member States have taken the necessary measures required, in accordance with Directive 2005/94/EC, including the establishment of protection and surveillance zones around these new outbreaks.

(7)

The Commission has examined the measures taken by Germany and Hungary in accordance with Directive 2005/94/EC, and it is satisfied that the boundaries of the protection and surveillance zones, established by the competent authorities of those Member States, are at a sufficient distance to the holdings where the recent outbreaks of highly pathogenic avian influenza of subtype H5N8 have been confirmed.

(8)

In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at Union level, in collaboration with Germany and Hungary, the new protection and surveillance zones established by those Member States. Therefore, new protection and surveillance zones should be listed for Germany and Hungary in the Annex to Implementing Decision (EU) 2020/47.

(9)

Accordingly, the Annex to Implementing Decision (EU) 2020/47 should be amended to update regionalisation at Union level to include the new protection and surveillance zones established by Germany and Hungary, in accordance with Directive 2005/94/EC, and the duration of the restrictions applicable therein.

(10)

Implementing Decision (EU) 2020/47 should therefore be amended accordingly.

(11)

Given the urgency of the epidemiological situation in the Union as regards the spread of highly pathogenic avian influenza of subtype H5N8, it is important that the amendments made to the Annex to Implementing Decision (EU) 2020/47 by this Decision take effect as soon as possible.

(12)

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

(1)

EDA carries out its activities in accordance with Decision (CFSP) 2015/1835.

(2)

In accordance with Article 25(1) of Regulation (EU) 2018/1725 restrictions of the application of Article 14 to 22, 35 and 36, as well as Article 4 of that Regulation, in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 22, should be based on internal rules to be adopted by EDA, where these are not based on legal acts adopted on the basis of the Treaties.

(3)

These internal rules, including its provisions on the assessment of the necessity and proportionality of a restriction, should not apply where a legal act adopted on the basis of the Treaties provides for a restriction of data subjects rights.

(4)

Where EDA performs its duties with respect to data subject’s rights under Regulation (EU) 2018/1725, it shall consider whether any of the exemptions laid down in that Regulation apply.

(5)

Within the framework of its administrative functioning, EDA may conduct administrative inquiries and disciplinary proceedings; carry out preliminary activities related to cases of potential irregularities reported to OLAF; impose restrictions as regards to classified elements of ad hoc activities in the context of Decision 2015/1835; process whistleblowing cases; handle procedures of harassment; process internal and external complaints; carry out investigations by the Data Protection Officer in line with Article 45(2) of Regulation (EU) 2018/1725; internal (IT) security investigations; and carrying out activities to protect other important objectives of general public interest of the Union or of a Member State, in particular the objectives of the common foreign and security policy of the Union.

(6)

EDA processes several categories of personal data, including hard data (‘objective’ data such as identification data, contact data, professional data, administrative details, data received from specific sources, electronic communications and traffic data) and/or soft data (‘subjective’ data related to the case such as reasoning, behavioural data, appraisals, performance and conduct data and data related to or brought forward in connection with the subject matter of the procedure or activity).

(7)

EDA, represented by its Chief Executive, acts as the data controller irrespective of further delegations of the controller role within EDA to reflect operational responsibilities for specific personal data processing operation.

(8)

The personal data are stored securely in an electronic environment or on paper preventing unlawful access or transfer of data to persons who do not have a need to know. The personal data processed are retained for no longer than necessary and appropriate for the purposes for which the data are processed for the period specified in the data protection notices or records of EDA.

(9)

The internal rules should apply to processing operations carried out prior to the opening of the procedures referred to above, during these procedures and during the monitoring of the follow-up to the outcome of these procedures. It should also include assistance and cooperation provided by EDA to national authorities and international organisations outside of its administrative investigations.

(10)

In the cases where these internal rules apply, EDA shall give justifications explaining why the restrictions are strictly necessary and proportionate in a democratic society and respect the essence of the fundamental rights and freedoms.

(11)

Within this framework EDA shall be bound to respect, to the maximum extent possible, the fundamental rights of the data subjects during the above procedures, in particular, those relating to the right of provision of information, access and rectification, right to erasure, restriction of processing, right of communication of a personal data breach to the data subject or confidentiality of communication as enshrined in Regulation (EU) 2018/1725.

(12)

However, EDA may be obliged to restrict the information to data subject and other data subject’s rights to protect, in particular, its own investigations, the investigations and proceedings of other public authorities, as well as the rights of other persons related to its investigations or other procedures.

(13)

EDA may thus restrict the information for the purpose of protecting the investigation and the fundamental rights and freedoms of other data subjects.

(14)

EDA should periodically monitor that the conditions that justify the restriction apply and lift the restriction as far as they do no longer apply.

(15)

The controller should inform the Data Protection Officer at the moment of deferral and during the revisions,