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Document L:2022:188:FULL

Official Journal of the European Union, L 188, 15 July 2022


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ISSN 1977-0677

Official Journal

of the European Union

L 188

European flag  

English edition

Legislation

Volume 65
15 July 2022


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Delegated Regulation (EU) 2022/1214 of 9 March 2022 amending Delegated Regulation (EU) 2021/2139 as regards economic activities in certain energy sectors and Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities ( 1 )

1

 

*

Commission Regulation (EU) 2022/1215 of 7 July 2022 establishing a fisheries closure for Greenland halibut in Norwegian waters of 1 and 2 for vessels flying the flag of a Member State of the European Union

46

 

*

Commission Implementing Regulation (EU) 2022/1216 of 8 July 2022 derogating in respect of the year 2022 from Implementing Regulations (EU) No 809/2014, (EU) No 180/2014, (EU) No 181/2014, (EU) 2017/892, (EU) 2016/1150, (EU) 2018/274, (EU) No 615/2014 and (EU) 2015/1368 as regards certain administrative and on-the-spot checks applicable within the common agricultural policy and amending Implementing Regulation (EU) 2021/725

49

 

*

Commission Implementing Regulation (EU) 2022/1217 of 14 July 2022 amending Implementing Regulation (EU) No 185/2013 as regards deductions from fishing quotas allocated to Spain for 2021, 2022 and 2023

62

 

*

Commission Implementing Regulation (EU) 2022/1218 of 14 July 2022 amending certain Annexes to Implementing Regulation (EU) 2021/620 as regards the approval of the disease-free status of certain Member States or zones thereof as regards certain listed diseases and the approval of eradication programmes for certain listed diseases ( 1 )

65

 

*

Commission Implementing Regulation (EU) 2022/1219 of 14 July 2022 amending Annex III to Implementing Regulation (EU) 2020/2235 as regards model certificates for the entry into and transit through the Union of consignments of certain composite products ( 1 )

75

 

*

Commission Implementing Regulation (EU) 2022/1220 of 14 July 2022 laying down implementing technical standards for the application of Directive 2014/65/EU of the European Parliament and of the Council with regard to the format in which branches of third-country firms and competent authorities have to report the information referred to in Article 41(3) and (4) of that Directive ( 1 )

98

 

*

Commission Implementing Regulation (EU) 2022/1221 of 14 July 2022 imposing a provisional anti-dumping duty on imports of certain aluminium road wheels originating in Morocco

114

 

 

DECISIONS

 

*

Council Decision (EU) 2022/1222 of 12 July 2022 on the position to be taken on behalf of the European Union in the Assembly of the Lisbon Special Union

142

 

*

Council Decision (EU) 2022/1223 of 12 July 2022 concerning the allocation of funds de-committed from projects under the 10th and 11th European Development Funds for the purpose of financing actions addressing the food security crisis and economic shock in African, Caribbean and Pacific (ACP) countries following Russia’s war of aggression against Ukraine

147

 

*

Political and Security Committee Decision (CFSP) 2022/1224 of 13 July 2022 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta), and repealing Decision (CFSP) 2022/1179 (ATALANTA/5/2022)

150

 

 

Corrigenda

 

*

Corrigendum to Commission Implementing Regulation (EU) 2022/913 of 30 May 2022 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council ( OJ L 158, 13.6.2022 )

152

 


 

(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

15.7.2022   

EN

Official Journal of the European Union

L 188/1


COMMISSION DELEGATED REGULATION (EU) 2022/1214

of 9 March 2022

amending Delegated Regulation (EU) 2021/2139 as regards economic activities in certain energy sectors and Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (1), and in particular Articles 8(4), 10(3) and 11(3) thereof,

Whereas:

(1)

The technical screening criteria set out in Commission Delegated Regulation (EU) 2021/2139 (2) cover severaleconomic sectors and activities that have a potential to contribute to the Union climate change mitigation and climate change adaptation objectives. Those economic sectors and activities were chosen because of their share in overall greenhouse gas emissions, and their proven potential for avoiding the production of greenhouse gas emissions, reducing such emissions, or removing such emissions. In addition, those economic sectors and activities have a proven potential to enable such avoidance, reduction and removal for other economic sectors and activities, or to ensure long-term storage of such emissions for other sectors and activities.

(2)

The total energy use accounts for approximately 75 % of direct greenhouse gas emissions in the Union. Thus, the energy sector has a crucial role in continuing to reduce greenhouse gas emissions. The technical screening criteria laid down in Delegated Regulation (EU) 2021/2139 therefore cover a wide range of economic sectors and activities related to the energy supply chain, ranging from electricity or heat generation from different sources, through transmission and distribution networks to storage, as well as heat pumps and the manufacture of biogas and biofuels. However, Delegated Regulation (EU) 2021/2139 does not contain technical screening criteria for economic activities in the fossil gas and nuclear energy sectors, despite their potential to contribute to the decarbonisation of the Union’s economy.

(3)

As set out in Commission Communication of 21 April 2021 (‘EU Taxonomy, Corporate Sustainability Reporting, Sustainability Preferences and Fiduciary Duties: Directing finance towards the European Green Deal’) and in Commission Communication of 6 July 2021 (‘Strategy for Financing the Transition to a Sustainable Economy’), theestablishment of technical screening criteria for energy generation from fossil gas was postponed in view of the need for further technical assessment, notably on the transitional role of fossil gas in the decarbonisation of the economy (3). The establishment of technical screening criteria for nuclear energy generation activities was also postponed awaiting an in-depth expert assessment, launched in 2020, of whether the nuclear life-cycle, and notably nuclear waste, could be considered compatible with the requirement, laid down in Article 17 of Regulation (EU) 2020/852, that an activity can do no significant harm to other environmental objectives. In the light of those assessments, it is necessary to recognise that the fossil gas and nuclear energy generation activities can contribute to the decarbonisation of the Union’s economy.

(4)

In accordance with Article 10(2) of Regulation (EU) 2020/852 covering transitional economic activities, it is necessary to lay down technical screening criteria for electricity generation, high-efficiency co-generation of power and heat/cool, and production of heat/cool in efficient district heating and cooling systems from fossil gas, where greenhouse gas emissions from fossil gas are below an appropriate threshold. In addition, it is necessary to lay down technical screening criteria for the use of fossil gas in electricity generation, high-efficiency co-generation of power and heat/cool, and production of heat/cool in efficient district heating and cooling systems, where such electricity generation, high-efficiency co-generation of power and heat/cool, and production of heat/cool in efficient district heating and cooling systems do not yet comply with that appropriate threshold, as in addition to the use of climate-neutral energy and more investments in already low-carbon economic activities and sectors, the transition requires substantial reductions in greenhouse gas emissions in other economic activities and sectors for which there are no technologically and economically feasible low-carbon alternatives. All those economic activities should be qualified as transitional under Article 10(2) of Regulation (EU) 2020/852, given that technologically and economically feasible low-carbon alternatives may not yet be commercially available at a sufficient scale to cover the energy demand in a continuous and reliable manner. In particular, for electricity generation, it is appropriate to provide for an alternative approach to directly limiting the greenhouse gas emissions. Under this alternative approach, that should deliver similar results over a 20 years period, facilities may reach such results by limiting the number of hours in operation or by advancing the switch to renewable or low-carbon gases to an earlier date. The technical screening criteria should facilitate an accelerated phase-out from more emissions-intensive energy sources, including solid fossil fuels. In addition, in order to fulfil the requirements laid down in Article 10(2), first subparagraph, points (a), (b) and (c), of Regulation (EU) 2020/852, the technical screening criteria for the use of fossil gas should also ensure that robust evidence is available to demonstrate that the same energy capacity cannot be generated with renewable sources, and that effective plans are put in place for each facility, in line with the best performance in the sector, to switch entirely to renewables or low carbon gases by a specific date. Finally, the technical screening criteria should provide for a time-limited recognition of the contribution of those activities to decarbonisation.

(5)

Renewables will play a fundamental role in meeting the climate and environmental goals of the Union. In that light, investments in renewables need to scale-up to meet the needs of the energy market of the Union for more renewable and clean energy.

(6)

Nuclear energy-related activities are low-carbon activities, they do not constitute energy from renewable sources as defined in Article 2, second subparagraph, point (1) of Directive (EU) 2018/2001 of the European Parliament and of the Council (4), and as referred to in Article 10(1), point (a) of Regulation (EU) 2020/852 and do not fall under the other categories of economic activities listed in points (b) to (i) of that provision. Such nuclear energy related economic activities should be qualified under Article 10(2) of Regulation (EU) 2020/852, in the absence of technologically and economically feasible low-carbon alternative at a sufficient scale to cover the energy demand in a continuous and reliable manner. In addition, in the Final Report of the Technical Expert Group on Sustainable Finance from March 2020 (5), it was stated that ‘nuclear energy generation has near to zero green-house gas emissions in the energy generation phase’ and ‘evidence on the potential substantial contribution of nuclear energy to climate change mitigation objectives was extensive and clear’. Moreover, a number of Member States’ plans include nuclear energy along with renewable energy in the energy sources to be used to meet climate targets, including the 2050 decarbonisation objective set out in Regulation (EU) 2021/1119 of the European Parliament and of the Council (6). Finally, by providing a stable baseload of energy supply, nuclear energy facilitates the deployment of intermittent renewable sources and does not hamper their development, as required by Article 10(2), point (b), of Regulation (EU) 2020/852. Nuclear energy related activities should therefore be considered as complying with Article 10(2) of Regulation (EU) 2020/852.

(7)

Scientific review conducted by experts (7) concluded that technical screening criteria for nuclear energy related economic activities should ensure that no significant harm is done to other environmental objectives due to potential risks arising from the long-term storageand final disposal of nuclear waste. Those technical screening criteria should therefore reflect the highest standards of nuclear safety, radiation protection and radioactive waste management, building upon requirements laid down in the Treaty establishing the European Atomic Energy Community (‘Euratom Treaty’) and in legislation adopted under that Treaty, and in particular in Council Directive 2009/71/Euratom (8). That Directive contains a high-level nuclear safety objective covering all stages of the life-cycle of each nuclear installation, including the siting, design, construction, commissioning, operation and decommissioning of such installations. In particular, that Directive calls for significant safety enhancements in the design of new reactors, including the so-called Generation III+ reactors, for which state of the art knowledge and technology should be used, taking into account the latest international safety requirements. Those requirements provide for an effective implementation of the nuclear safety objective, including the application of the defence-in-depth principle and of an effective safety culture. Those requirements ensure that the impact of extreme human-made and natural hazards, including earthquakes and floods, is minimised and that accidents, abnormal operations and failures or loss of control systems are prevented, inter alia, by protective structures or back-up cooling and electricity supply systems.

(8)

Accident-tolerant fuel for nuclear power plants which provides additional protection against accidents resulting from structural damages to fuel or reactor components has become available in the market. In order to take into account those recent technological developments, the use of that type of fuel should be set out as a requirement in the technical screening criteria, taking into account its licensing within the Union.

(9)

Worldwide, research and development efforts are ongoing to develop new nuclear reactor technologies that use, among others, closed fuel cycles or fuel self-breeding concepts and that minimise the production of high-level radioactive waste (‘Generation IV reactors’). Although those Generation IV reactors are not yet commercially viable, technical screening criteria should be laid down for such reactors in light of their potential contribution to the objective of decarbonisation and minimisation of radioactive waste.

(10)

Nuclear energy is part of the future energy sources in a number of Member States, as part of their decarbonisation efforts. The scenarios assessed by the Commission lead to a decarbonised energy system based on renewables to a very large extent and on nuclear energy with a stable installed capacity compared to current levels. As the nuclear installations being currently exploited age, they need safety upgrades to extend operational life as well as newly built nuclear installations to replace obsolete installations. This is a continuous process that should ensure the availability of the necessary capacity for the decarbonisation of the energy system by 2050 and beyond this date as needed. Accordingly, significant investments in nuclear energy will be needed throughout the period until 2050 and beyond. It is necessary to ensure that new nuclear power plants use the most advanced solutions resulting from technological progress. The technical screening criteria for such new nuclear power plants should therefore provide for regular reviews of each investment project, and for technical parameters that correspond to the best-available technology in view of the outcomes of sustained research and development efforts and the continuous improvements of technologies. Specific dates should be defined to ensure phasing in of new technologies compatible with sustainable decarbonisation as soon as they become available.

(11)

Annex II to the Euratom Treaty and Council Regulation (Euratom) No 2587/1999 (9) establish thresholds and other requirements for the notification to the Commission of investments in nuclear energy. To ensure, for the purpose of meeting the goals of the taxonomy, the highest possible regard to the principles and requirements of the Euratom legislation, including the nuclear safety objective, such investments should be subject to an opinion from the Commission, irrespective of whether Annex II to the Euratom Treaty and Regulation (Euratom) No 2587/1999 require any notification. For the same reason, all issues concerning the application of Article 10(2) and Article 17 of Regulation (EU) 2020/852 and the technical screening criteria identified by the Commission in its opinion should be satisfactorily addressed.

(12)

In view of the long lead times for investments in new nuclear generation capacity, extending the service time of selected existing nuclear installations can support the decarbonisation of the energy system in the near to medium term. The technical screening criteria for such extensions should, however, require modifications and safety upgrades to ensure that those nuclear installations comply with the highest achievable safety standards and with all safety objective requirements laid down in legislation adopted under the Euratom Treaty.

(13)

In the light of the expected technological and scientific developments, investments in the construction and safe operation of new nuclear installations using best available technologies and approved by an appropriate date by Member States’ competent authorities in accordance with applicable national law should be subject to technical screening criteria and to time-limits that will encourage the development and future use of Generation IV reactors with closed fuel cycle or fuel self-breeding once they become commercially available. These time-limits should be appropriately reviewed in light of progress in the development of such technologies.

(14)

The technical screening criteria related to climate change mitigation or climate change adaptation objectives should ensure that economic activities do not cause significant harm to any of the other environmental objectives. Specifically for nuclear energy related economic activities, it is necessary to ensure that the long term disposal of waste does not cause significant and long-term harm to the environment, as referred to in Article 17(1), point (d)(iii), of Regulation (EU) 2020/852. It is therefore appropriate to set out in the technical screening criteria specific requirements for a radioactive waste management fund and a nuclear decommissioning fund, which can be combined, in line with the principle that waste generators should be responsible for the cost of managing it, and to require operational final disposal facilities for all radioactive waste, which should prevent any export of radioactive waste for disposal in third countries. In several Member States, low and intermediate level radioactive waste is currently being disposed of in near-surface disposal facilities already, and substantial experience and know-how in waste management have been accumulated during decades of operating those near-surface disposal facilities. For high-level radioactive waste and spent fuel, deep geological disposal represents the state of the art solution that is broadly accepted in the expert community worldwide as the safest and the most sustainable option for the end point of the management of high-level radioactive waste and spent fuel considered as waste. Member States, while retaining responsibility for their policies in respect of the management of their spent fuel and low, intermediate or high-level radioactive waste, should include planning and implementation of disposal options in their national policies, in particular under the national programmes for the management of spent fuel and radioactive waste, covering all types of spent fuel and radioactive waste and all stages of spent fuel and radioactive waste management from generation to disposal. The national programmes’ content is specified in Council Directive 2011/70/Euratom (10) and includes key performance indicators to monitor progress transparently. The Member States have to report regularly on the progress of implementation of the national programmes to the Commission. Reporting from Member States from 2021 demonstrates that substantial progress is made in the realisation of the first deep geological disposal facilities on the Union territory. Realistic solutions are becoming available for Member States to develop and operate such facilities by 2050. Therefore, the inclusion of a corresponding requirement in the technical screening criteria ensures that no significant harm is caused to the environment.

(15)

It is necessary that non-financial and financial undertakings provide investors with a high degree of transparency concerning their investments in fossil gas and nuclear energy generation activities for which technical screening criteria should be laid down. To provide that transparency, specific disclosure requirements for non-financial and financial undertakings should be laid down. In order to ensure comparability of the information disclosed to investors, that information should be presented in the form of a template that indicates clearly the proportion of fossil gas and nuclear energy activities in the denominator and, where appropriate, the numerator of key performance indicators of those undertakings. In order to provide a high degree of transparency to investors in financial products referred to in Article 5 and Article 6 of Regulation (EU) 2020/852 concerning exposures to fossil gas and nuclear energy activities, for which technical screening criteria are laid down, the Commission will amend or propose to amend the disclosure framework pertaining to those financial products as appropriate to provide for full transparency over the whole life of those financial products. To ensure that such information is clearly identified by end-investors, the Commission will consider amending the requirements on the financial and insurance advice given by distributors.

(16)

To enhance investor confidence, compliance with the technical screening criteria related to fossil gas activities should be verified by an independent third party. To ensure an impartial and diligent verification of compliance, the independent third-party should have the resources and expertise to perform that verification, be independent to avoid any conflict of interest with the owner or the funder, and should not be involved in the development or operation of such fossil gas activities. In addition to the verification mechanism, financial and non-financial undertakings may be subject to specific verification requirements provided in other Union legislation on sustainable finance that cover compliance with the technical screening criteria. In accordance with Article 26(1), point (c), of Regulation (EU) 2020/852, the Commission should review the provisions required for setting up verification mechanisms of compliance with the criteria set out in that Regulation.

(17)

The fossil gas and nuclear energy sectors are characterised by rapid technological development. It is therefore necessary to review the technical screening criteria covering energy generation activities in those sectors regularly, as required by Article 19(5) of Regulation (EU) 2020/852. In addition, based on the conditions laid down in Article 10(2) of Regulation (EU) 2020/852, such review should cover the appropriateness of the periods of time laid down in the technical screening criteria.

(18)

Delegated Regulation (EU) 2021/2139 and Commission Delegated Regulation (EU) 2021/2178 (11) should therefore be amended accordingly. The amendments to Delegated Regulation (EU) 2021/2139 and Delegated Regulation (EU) 2021/2178 do not mandate any investments, but are intended to help financial markets and investors to identify, subject to strict conditions, relevant gas and nuclear related activities needed for the transition of the Member States’ energy systems towards climate neutrality in line with Union climate goals and commitments.

(19)

The amendments to Delegated Regulation (EU) 2021/2139 and Delegated Regulation (EU) 2021/2178 laid down in this Delegated Regulation are closely linked. In order to ensure coherence between those provisions, which should enter into force at the same time to facilitate a comprehensive view of the legal framework for stakeholders and to facilitate the application of Regulation (EU) 2020/852, it is necessary to include those provisions in a single Regulation.

(20)

It is necessary to provide non-financial and financial undertakings with sufficient time to assess whether their economic activities related to fossil gas and nuclear energy comply with the technical screening criteria laid down in this Regulation, and to report on the basis of that assessment in accordance with Delegated Regulation (EU) 2021/2178. The date of application of this Regulation should therefore be deferred to 1 January 2023,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Delegated Regulation (EU) 2021/2139

Delegated Regulation (EU) 2021/2139 is amended as follows:

(1)

the following Article 2a is inserted:

‘Article 2a

Review

When performing the review referred to in Article 19(5) of Regulation (EU) 2020/852, the Commission shall also review and assess the necessity to amend the dates referred to in Annex I, Section 4.27, Section 4.28, Section 4.29, point 1(b), Section 4.30, point 1(b) and Section 4.31, point 1(b).

Any review of the date referred to in point (2) of Sections 4.27 and 4.28 to Annex I shall take into account the technical progress in accident-tolerant fuel commercialisation in the Union and worldwide.’;

(2)

Annex I is amended in accordance with Annex I to this Regulation;

(3)

Annex II is amended in accordance with Annex II to this Regulation.

Article 2

Amendments to Delegated Regulation (EU) 2021/2178

Delegated Regulation (EU) 2021/2178 is amended as follows:

(1)

in Article 8, the following paragraphs 6, 7 and 8 are added:

‘6.   Non-financial undertakings and financial undertakings shall disclose the amount and proportion of:

(a)

the taxonomy-aligned economic activities referred to in Sections 4.26, 4.27 and 4.28 of Annexes I and II to Delegated Regulation (EU) 2021/2139 in the denominator and the numerator of their key performance indicators;

(b)

the taxonomy-eligible, but not taxonomy-aligned, economic activities referred to in Sections 4.26, 4.27 and 4.28 of Annexes I and II to Delegated Regulation (EU) 2021/2139 in the denominator of their key performance indicators;

(c)

the taxonomy-non-eligible nuclear energy related activities in the denominator of their key performance indicators.

7.   Non-financial undertakings and financial undertakings shall disclose the amount and proportion of:

(a)

the taxonomy-aligned economic activities referred to in Sections 4.29, 4.30 and 4.31 of Annexes I and II to Delegated Regulation (EU) 2021/2139 in the denominator and the numerator of their key performance indicators;

(b)

the taxonomy-eligible, but not taxonomy-aligned, economic activities referred to in Sections 4.29, 4.30 and 4.31 of Annexes I and II to Delegated Regulation (EU) 2021/2139 in the denominator of their key performance indicators;

(c)

the taxonomy-non-eligible fossil gas related activities in the denominator of their key performance indicators.

8.   The information referred to in paragraphs 6 and 7 shall be presented in tabular form by using the templates set out in Annex XII to this Regulation.’;

(2)

the text set out in Annex III to this Regulation is added as Annex XII.

Article 3

Entry into force and application

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 from 1 January 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 March 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 198, 22.6.2020, p. 13.

(2)  Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (OJ L 442, 9.12.2021, p. 1).

(3)  Communication from the Commission of 21 April 2021 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU Taxonomy, Corporate Sustainability Reporting, Sustainability Preferences and Fiduciary Duties: Directing finance towards the European Green Deal (COM(2021) 188 final) and Communication from the Commission of 6 July 2021 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Strategy for Financing the Transition to a Sustainable Economy (COM(2021) 390 final).

(4)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

(5)  The TEG report available on: https://ec.europa.eu/info/sites/default/files/business_economy_euro/banking_and_finance/documents/200309-sustainable-finance-teg-final-report-taxonomy_en.pdf

(6)  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

(7)  JRC report: Technical assessment of nuclear energy with respect to the ‘do no significant harm’ criteria of Regulation (EU) 2020/852 (‘Taxonomy Regulation’) available on: https://ec.europa.eu/info/file/210329-jrc-report-nuclear-energy-assessment_en

(8)  Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18).

(9)  Council Regulation (Euratom) No 2587/1999 of 2 December 1999 defining the investment projects to be communicated to the Commission in accordance with Article 41 of the Treaty establishing the European Atomic Energy Community (OJ L 315, 9.12.1999, p. 1).

(10)  Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48).

(11)  Commission Delegated Regulation (EU) 2021/2178 of 6 July 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by specifying the content and presentation of information to be disclosed by undertakings subject to Articles 19a or 29a of Directive 2013/34/EU concerning environmentally sustainable economic activities, and specifying the methodology to comply with that disclosure obligation (OJ L 443, 10.12.2021, p. 9).


ANNEX I

In Annex I to Delegated Regulation (EU) 2021/2139, the following Sections 4.26, 4.27, 4.28, 4.29, 4.30 and 4.31 are inserted:

‘4.26.   Pre-commercial stages of advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle

Description of the activity

Research, development, demonstration and deployment of innovative electricity generation facilities, licenced by Member States’ competent authorities in accordance with applicable national law, that produce energy from nuclear processes with minimal waste from the fuel cycle.

The activity is classified under NACE code M72 and M72.1 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is an activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with all the technical screening criteria set out in this Section.

Technical screening criteria

General criteria pertaining to substantial contribution to climate change mitigation and Do no significant harm (‘DNSH’)

1.

The project related to the economic activity (‘the project’) is located in a Member State which complies with all of the following:

(a)

the Member State has fully transposed Council Directive 2009/71/Euratom (*1) and Council Directive 2011/70/Euratom (*2);

(b)

the Member State complies with the Treaty establishing the European Atomic Energy Community (‘Euratom Treaty’) and with legislation adopted on its basis, in particular, Directive 2009/71/Euratom, Directive 2011/70/Euratom and Council Directive 2013/59/Euratom (*3), as well as applicable Union environmental law adopted under Article 192 TFEU, in particular Directive 2011/92/EU of the European Parliament and of the Council (*4) and Directive 2000/60/EC of the European Parliament and of the Council (*5);

(c)

the Member State has in place, as of the approval date of the project, a radioactive waste management fund and a nuclear decommissioning fund which can be combined;

(d)

the Member State has demonstrated that it will have resources available at the end of the estimated useful life of the nuclear power plant corresponding to the estimated cost of radioactive waste management and decommissioning in compliance with Commission Recommendation 2006/851/Euratom (*6);

(e)

the Member State has operational final disposal facilities for all very low-, low- and intermediate-level radioactive waste, notified to the Commission under Article 41 Euratom Treaty or Article 1(4) of Council Regulation (Euratom) No 2587/1999, and included in the national programme updated under Directive 2011/70/Euratom;

(f)

the Member State has a documented plan with detailed steps to have in operation, by 2050, a disposal facility for high-level radioactive waste describing all of the following:

(i)

concepts or plans and technical solutions for spent fuel and radioactive waste management from generation to disposal;

(ii)

concepts or plans for the post-closure period of a disposal facility’s lifetime, including the period during which appropriate controls are retained and the means to be employed to preserve knowledge of that facility in the longer term;

(iii)

the responsibilities for the plan implementation and the key performance indicators to monitor its progress;

(iv)

cost assessments and financing schemes.

For the purposes of point (f), Member States may use plans drawn up as part of the national programme required by Articles 11 and 12 of Directive 2011/70/Euratom.

2.

The project is part of a Union financed research programme or the project has been notified to the Commission in accordance with Article 41 of the Euratom Treaty or with Article 1(4) of Council Regulation (Euratom) No 2587/1999, where either of these provisions is applicable, the Commission has given its opinion on it in accordance with Article 43 of the Euratom Treaty, and all the issues raised in the opinion, with relevance for the application of Article 10(2) and Article 17 of Regulation (EU) 2020/852, and of the technical screening criteria laid down in this Section have been satisfactorily addressed.

3.

The Member State concerned has committed to report to the Commission every five years for each project on all of the following:

(a)

the adequacy of the accumulated resources referred to in point 1(c);

(b)

actual progress in the implementation of the plan referred to in point 1(f).

On the basis of the reports, the Commission shall review the adequacy of the accumulated resources of the radioactive waste management fund and the nuclear decommissioning fund referred to in point 1(c) and the progress in the implementation of the documented plan referred to in point 1(f) and it may address an opinion to the Member State concerned.

4.

The activity complies with national legislation that transposes the legislation referred to in point 1(a) and (b), including as regards the evaluation, in particular through stress tests, of the resilience of the nuclear power plants located on the territory of the Union against extreme natural hazards, including earthquakes. Accordingly, the activity takes place on the territory of a Member State where the operator of a nuclear installation:

(a)

has submitted a demonstration of nuclear safety, whose scope and level of detail is commensurate with the potential magnitude and nature of the hazard relevant for the nuclear installation and its site (Article 6, point (b), of Directive 2009/71/Euratom);

(b)

has taken defence-in-depth measures to ensure, inter alia, that the impact of extreme external natural and unintended man-made hazards is minimised (Article 8b(1), point (a) of Directive 2009/71/Euratom);

(c)

has performed an appropriate site and installation-specific assessment when the operator concerned applies for a licence to construct or operate a nuclear power plant (Article 8c(a) of Directive 2009/71/Euratom).

5.

The activity fulfils the requirements of Directive 2009/71/Euratom, supported by the latest international guidance from the International Atomic Energy Agency (‘IAEA’) and the Western European Nuclear Regulator’s Association (‘WENRA’), contributing to increasing the resilience and the ability of new and existing nuclear power plants to cope with extreme natural hazards, including floods and extreme weather conditions.

6.

Radioactive waste as referred to in point 1(e) and (f), is disposed of in the Member State in which it was generated, unless there is an agreement between the Member State concerned and the Member State of destination, as established in Directive 2011/70/Euratom. In that case, the Member State of destination has radioactive waste management and disposal programmes and a suitable disposal facility in operation in compliance with the requirements of Directive 2011/70/Euratom.

Additional criteria pertaining to substantial contribution to climate change mitigation

The activity aims at generating or generates electricity using nuclear energy. Life-cycle greenhouse gas (GHG) emissions from the generation of electricity from nuclear energy are below the threshold of 100 g CO2e/kWh.

Life-cycle GHG emission savings are calculated using Commission Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 or ISO 14064-1:2018.

Quantified life-cycle GHG emissions are verified by an independent third party.

Additional criteria pertaining to Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

The activity complies with the requirements laid down in Article 6(b), 8b(1), point (a), and Article 8c(a) of Directive 2009/71/Euratom.

The activity fulfils the requirements of Directive 2009/71/Euratom implemented in accordance with the international guidance of the IAEA and WENRA relating to extreme natural hazards, including floods and extreme weather conditions.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

Environmental degradation risks related to preserving water quality and avoiding water stress are identified and addressed, in accordance with a water use and protection management plan, developed in consultation with stakeholders concerned.

In order to limit thermal anomalies associated with the discharge of waste heat, operators of inland nuclear power plants utilising once-through wet cooling by taking water from a river or a lake control:

(a)

the maximum temperature of the recipient freshwater body after mixing, and

(b)

the maximum temperature difference between the discharged cooling water and the recipient freshwater body.

The temperature control is implemented in accordance with the individual licence conditions for the specific operations, where applicable, or threshold values in line with Union law.

The activity complies with the Industry Foundation Classes (IFC) standards.

Nuclear activities are operated in compliance with requirements on water intended for human consumption of Directive 2000/60/EC and of Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption.

(4)

Transition to a circular economy

A plan for the management of both non-radioactive and radioactive waste is in place and ensures maximal reuse or recycling of such waste at end of life in accordance with the waste hierarchy, including through contractual agreements with waste management partners, the reflection in financial projections or the official project documentation.

During operation and decommissioning, the amount of radioactive waste is minimised and the amount of free-release materials is maximised in accordance with Directive 2011/70/Euratom, and in compliance with the radiation protection requirements laid down in Directive 2013/59/Euratom.

A financing scheme is in place to ensure adequate funding for all decommissioning activities and for the management of spent fuel and radioactive waste, in compliance with Directive 2011/70/Euratom and Recommendation 2006/851/Euratom.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

The relevant elements in this Section are covered by Member States’ reports to the Commission in accordance with Article 14(1) of Directive 2011/70/Euratom.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Non-radioactive emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the best available techniques (BAT) conclusions for large combustion plants. No significant cross-media effects occur.

For nuclear power plants greater than 1 MW thermal input but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

Radioactive discharges to air, water bodies and ground (soil) comply with individual licence conditions for the specific operations, where applicable, or national threshold values in line with Directive 2013/51/Euratom (*7) and Directive 2013/59/Euratom.

Spent fuel and radioactive waste is safely and responsibly managed in accordance with Directive 2011/70/Euratom and Directive 2013/59/Euratom.

An adequate capacity of interim storage is available for the project, while national plans for disposal are in place to minimise the duration of interim storage, in compliance with the provision of Directive 2011/70/Euratom that considers radioactive waste storage, including long-term storage, as an interim solution, but not an alternative to disposal.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

For sites/operations located in or near biodiversity sensitive areas likely to have a significant effect on biodiversity sensitive areas (including the Natura 2000 network of protected areas, Unesco World Heritage sites and Key Biodiversity Areas, as well as other protected areas), an appropriate assessment, where applicable, has been conducted and based on its conclusions the necessary mitigation measures are implemented.

The sites/operations shall not be detrimental to the conservation status of any of the habitats or species present in protected areas.

4.27.   Construction and safe operation of new nuclear power plants, for the generation of electricity or heat, including for hydrogen production, using best-available technologies

For the purposes of this Section, best-available technologies mean technologies that fully comply with the requirements of Directive 2009/71/Euratom and fully respect the most recent technical parameters of the IAEA standards and the WENRA Safety objectives and Reference Levels.

Description of the activity

Construction and safe operation of new nuclear installations for which the construction permit has been issued by 2045 by Member States’ competent authorities, in accordance with applicable national law, to produce electricity or process heat, including for the purposes of district heating or industrial processes such as hydrogen production (new nuclear installations), as well as their safety upgrades.

The activity is classified under NACE codes D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is an activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with all the technical screening criteria set out in this Section.

Technical screening criteria

General criteria pertaining to substantial contribution to climate change mitigation and Do no significant harm (‘DNSH’)

1.

The project related to the economic activity (‘the project’) is located in a Member State which complies with all of the following:

(a)

the Member State has fully transposed Council Directive 2009/71/Euratom and Council Directive 2011/70/Euratom;

(b)

the Member State complies with the Euratom Treaty and with legislation adopted on its basis, in particular, Directive 2009/71/Euratom, Directive 2011/70/Euratom and Directive 2013/59/Euratom, as well as applicable Union environmental law adopted under Article 192 TFEU, in particular Directive 2011/92/EU and Directive 2000/60/EC;

(c)

the Member State has in place, as of the approval date of the project, a radioactive waste management fund and a nuclear decommissioning fund which can be combined;

(d)

the Member State has demonstrated that it will have resources available at the end of the estimated useful life of the nuclear power plant corresponding to the estimated cost of radioactive waste management and decommissioning in compliance with Recommendation 2006/851/Euratom;

(e)

the Member State has operational final disposal facilities for all very low-, low- and intermediate-level radioactive waste, notified to the Commission under Article 41 of the Euratom Treaty or under Article 1(4) of Council Regulation 2587/1999 and included in the national programme updated under Council Directive 2011/70/Euratom;

(f)

the Member State has a documented plan with detailed steps to have in operation, by 2050, a disposal facility for high-level radioactive waste describing all of the following:

(i)

concepts or plans and technical solutions for spent fuel and radioactive waste management from generation to disposal;

(ii)

concepts or plans for the post-closure period of a disposal facility’s lifetime, including the period during which appropriate controls are retained and the means to be employed to preserve knowledge of that facility in the longer term;

(iii)

the responsibilities for the plan implementation and the key performance indicators to monitor its progress;

(iv)

cost assessments and financing schemes.

For the purposes of point (f), Member States may use the plans drawn up as part of the national programme required by Articles 11 and 12 of Directive 2011/70/Euratom.

2.

The project fully applies the best-available technology and from 2025 accident-tolerant fuel. The technology is certified and approved by the national safety regulator.

3.

The project has been notified to the Commission in accordance with Article 41 of the Euratom Treaty or with Article 1(4) of Council Regulation 2587/1999, where either of these provisions is applicable, the Commission has given its opinion on it in accordance with Article 43 of the Euratom Treaty, and all the issues raised in the opinion, with relevance for the application of Article 10(2) and Article 17 of Regulation (EU) 2020/852, and of the technical screening criteria laid down in this Section, have been satisfactorily addressed.

4.

The Member State concerned has committed to report to the Commission every five years for each project on all of the following:

(a)

the adequacy of the accumulated resources referred to in point 1(c);

(b)

actual progress in the implementation of the plan referred to in point 1(f).

On the basis of the reports, the Commission shall review the adequacy of the accumulated resources of the radioactive waste management fund and the nuclear decommissioning fund referred to in point 1(c) and the progress in the implementation of the documented plan referred to in point 1(f) and it may address an opinion to the Member State concerned.

5.

The Commission shall review, as of 2025 and at least every 10 years, the technical parameters corresponding to the best-available technology on the basis of the assessment by the European Nuclear Safety Regulators’ Group (‘ENSREG’).

6.

The activity complies with national legislation that transposes the legislation referred to in point 1(a) and (b), including as regards the evaluation, in particular through stress-tests, of the resilience of the nuclear power plants located on the territory of the Union against extreme natural hazards, including earthquakes. Accordingly, the activity takes place on the territory of a Member State where the operator of a nuclear installation:

(a)

has submitted a demonstration of nuclear safety, whose scope and level of detail is commensurate with the potential magnitude and nature of the hazard relevant for the nuclear installation and its site (Article 6, point (b), of Directive 2009/71/Euratom);

(b)

has taken defence-in-depth measures to ensure, inter alia, that the impact of extreme external natural and unintended man-made hazards is minimised (Article 8b(1), point (a), of Directive 2009/71/Euratom);

(c)

has performed an appropriate site and installation-specific assessment when the operator concerned applies for a licence to construct or operate a nuclear power plant (Article 8c(a) of Directive 2009/71/Euratom).

7.

The activity fulfils the requirements of Directive 2009/71/Euratom, supported by the latest international guidance from the IAEA and WENRA, contributing to increasing the resilience and the ability of new and existing nuclear power plants to cope with extreme natural hazards, including floods and extreme weather conditions.

8.

Radioactive waste as referred to in point 1(e) and (f) is disposed of in the Member State in which it was generated, unless there is an agreement between the Member State concerned and the Member State of destination, as established in Directive 2011/70/Euratom. In that case, the Member State of destination has radioactive waste management and disposal programmes and a suitable disposal facility in operation in compliance with the requirements of Directive 2011/70/Euratom.

Additional criteria pertaining to substantial contribution to climate change mitigation

The activity generates electricity using nuclear energy. Life-cycle greenhouse gas (GHG) emissions from the generation of electricity from nuclear energy are below the threshold of 100 g CO2e/kWh.

Life-cycle GHG emission savings are calculated using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 or ISO 14064-1:2018.

Quantified life-cycle GHG emissions are verified by an independent third party.

Additional criteria pertaining to Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

The activity complies with the requirements laid down in Article 6(b), Article 8b(1), point (a), and Article 8c(a) of Directive 2009/71/Euratom.

The activity fulfils the requirements of Directive 2009/71/Euratom, implemented in accordance with the international guidance of the IAEA and WENRA relating to extreme natural hazards, including floods and extreme weather conditions.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

Environmental degradation risks related to preserving water quality and avoiding water stress are identified and addressed, in accordance with a water use and protection management plan, developed in consultation with stakeholders concerned.

In order to limit thermal anomalies associated with the discharge of waste heat, operators of inland nuclear power plants utilising once-through wet cooling by taking water from a river or a lake control:

(a)

the maximum temperature of the recipient freshwater body after mixing, and

(b)

the maximum temperature difference between the discharged cooling water and the recipient freshwater body.

The temperature control is implemented in accordance with the individual licence conditions for the specific operations, where applicable, or threshold values in line with the Union law.

The activity complies with the Industry Foundation Classes (IFC) standards.

Nuclear activities are operated in compliance with requirements on water intended for human consumption of Directive 2000/60/EC and of Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption.

(4)

Transition to a circular economy

A plan for the management of both non-radioactive and radioactive waste is in place and ensures maximal reuse or recycling of such waste at end of life in accordance with the waste hierarchy, including through contractual agreements with waste management partners, the reflection in financial projections or the official project documentation.

During operation and decommissioning, the amount of radioactive waste is minimised and the amount of free-release materials is maximised in accordance with Directive 2011/70/Euratom, and in compliance with the radiation protection requirements laid down in Directive 2013/59/Euratom.

A financing scheme is in place to ensure adequate funding for all decommissioning activities and for the management of spent fuel and radioactive waste, in compliance with Directive 2011/70/Euratom and Recommendation 2006/851/Euratom.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

The relevant elements in this Section are covered by Member States’ reports to the Commission in accordance with Article 14(1) of Directive 2011/70/Euratom.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Non-radioactive emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the best available techniques (BAT) conclusions for large combustion plants. No significant cross-media effects occur.

For nuclear power plants greater than 1 MW thermal input but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

Radioactive discharges to air, water bodies and ground (soil) comply with individual licence conditions for the specific operations, where applicable, or national threshold values in line with Directive 2013/51/Euratom and Directive 2013/59/Euratom.

Spent fuel and radioactive waste is safely and responsibly managed in accordance with Directive 2011/70/Euratom and Directive 2013/59/Euratom.

An adequate capacity of interim storage is available for the project, while national plans for disposal are in place to minimise the duration of interim storage, in compliance with Directive 2011/70/Euratom that considers radioactive waste storage, including long-term storage, as an interim solution, but not an alternative to disposal.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

For sites/operations located in or near biodiversity sensitive areas likely to have a significant effect on biodiversity sensitive areas (including the Natura 2000 network of protected areas, Unesco World Heritage sites and Key Biodiversity Areas, as well as other protected areas), an appropriate assessment, where applicable, has been conducted and based on its conclusions the necessary mitigation measures are implemented.

The sites/operations shall not be detrimental to the conservation status of any of the habitats or species present in protected areas.

4.28.   Electricity generation from nuclear energy in existing installations

Description of the activity

Modification of existing nuclear installations for the purposes of extension, authorised by Member States’ competent authorities by 2040 in accordance with applicable national law, of the service time of safe operation of nuclear installations that produce electricity or heat from nuclear energy (‘nuclear power plants’).

The activity is classified under NACE codes D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is an activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with all the technical screening criteria set out in this Section.

Technical screening criteria

General criteria pertaining to substantial contribution to climate change mitigation and Do no significant harm (‘DNSH’)

1.

The project related to the economic activity (‘the project’) is located in a Member State which complies with all of the following:

(a)

the Member State has fully transposed Council Directive 2009/71/Euratom and Council Directive 2011/70/Euratom;

(b)

the Member State complies with the Euratom Treaty and with legislation adopted on its basis, in particular, Directive 2009/71/Euratom, Directive 2011/70/Euratom and Directive 2013/59/Euratom, and with applicable Union environmental law adopted under Article 192 TFEU, in particular Directive 2011/92/EU and Directive 2000/60/EC;

(c)

the Member State has in place, as of the approval date of the project, a radioactive waste management fund and a nuclear decommissioning fund which can be combined;

(d)

the Member State has demonstrated that it will have resources available at the end of the estimated useful life of the nuclear power plant corresponding to the estimated cost of radioactive waste management and decommissioning in compliance with Recommendation 2006/851/Euratom;

(e)

the Member State has operational final disposal facilities for all very low-, low- and intermediate-level radioactive waste, notified to the Commission under Article 41 of the Euratom Treaty or under Article 1(4) of Council Regulation 2587/1999 and included in the national programme updated under Council Directive 2011/70/Euratom;

(f)

for projects authorised after 2025, the Member State has a documented plan with detailed steps to have in operation, by 2050, a disposal facility for high-level radioactive waste describing all of the following:

(i)

concepts or plans and technical solutions for spent fuel and radioactive waste management from generation to disposal;

(ii)

concepts or plans for the post-closure period of a disposal facility’s lifetime, including the period during which appropriate controls are retained and the means to be employed to preserve knowledge of that facility in the longer term;

(iii)

the responsibilities for the plan implementation and the key performance indicators to monitor its progress;

(iv)

cost assessments and financing schemes.

For the purposes of point (f), Member States may use the plans drawn up as part of the national programme required by Articles 11 and 12 of Directive 2011/70/Euratom.

2.

The upgraded project implements any reasonably practicable safety improvement and from 2025 makes use of accident-tolerant fuel. The technology is certified and approved by the national safety regulator.

3.

The project has been notified to the Commission in accordance with Article 41 of the Euratom Treaty or with Article 1(4) of Council Regulation 2587/1999, where either of these provisions is applicable, the Commission has given its opinion on it in accordance with Article 43 of the Euratom Treaty, and all the issues raised in the opinion, with relevance for the application of Article 10(2) and Article 17 of Regulation (EU) 2020/852, and of the technical screening criteria laid down in this Section, have been satisfactorily addressed.

4.

The Member State concerned has committed to report to the Commission every five years for each project on all of the following:

(a)

the adequacy of the accumulated resources referred to in point 1(c);

(b)

actual progress in the implementation of the plan referred to in point 1(f).

On the basis of the reports, the Commission shall review the adequacy of the accumulated resources of the radioactive waste management fund and the nuclear decommissioning fund referred to in point 1(c) and the progress in the implementation of the documented plan referred to in point 1(f) and it may address an opinion to the Member State concerned.

5.

The activity complies with national legislation that transposes the legislation referred to in point 1(a) and (b), including as regards the evaluation, in particular through stress-tests, of the resilience of the Union nuclear power plants against extreme natural hazards, including earthquakes. Accordingly, the activity takes place on the territory of a Member State where the operator of a nuclear installation:

(a)

has submitted a demonstration of nuclear safety, whose scope and level of detail is commensurate with the potential magnitude and nature of the hazard relevant for the nuclear installation and its site (Article 6, point (b), of Directive 2009/71/Euratom);

(b)

has taken defence-in-depth measures to ensure, inter alia, that the impact of extreme external natural and unintended man-made hazards is minimised (Article 8b(1), point (a), of Directive 2009/71/Euratom);

(c)

has performed an appropriate site and installation-specific assessment when the operator concerned applies for a licence to construct or operate a nuclear power plant (Article 8c(a) of Directive 2009/71/Euratom).

6.

The activity fulfils the requirements of Directive 2009/71/Euratom, supported by the latest international guidance from the IAEA and WENRA, contributing to increasing the resilience and the ability of new and existing nuclear power plants to cope with extreme natural hazards, including floods and extreme weather conditions.

7.

Radioactive waste referred to in point 1(e) and (f) is disposed of in the Member State in which it was generated, unless there is an agreement between the Member State concerned and the Member State of destination, as established in Directive 2011/70/Euratom. In that case, the Member State of destination has radioactive waste management and disposal programmes and a suitable disposal facility in operation in compliance with the requirements of Directive 2011/70/Euratom.

Additional criteria pertaining to substantial contribution to climate change mitigation

The activity generates electricity using nuclear energy. Life-cycle greenhouse gas (GHG) emissions from the generation of electricity from nuclear energy are below the threshold of 100 g CO2e/kWh.

Life-cycle GHG emission savings are calculated using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 or ISO 14064-1:2018.

Quantified life-cycle GHG emissions are verified by an independent third party.

Additional criteria pertaining to Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

The activity complies with the requirements laid down in Article 6(b), Article 8b(1), point (a), and Article 8c(a) of Directive 2009/71/Euratom.

The activity fulfils the requirements of Directive 2009/71/Euratom implemented in accordance with international guidance of the IAEA and WENRA relating to extreme natural hazards, including floods and extreme weather conditions.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

Environmental degradation risks related to preserving water quality and avoiding water stress are identified and addressed, in accordance with a water use and protection management plan, developed in consultation with stakeholders concerned.

In order to limit thermal anomalies associated with the discharge of waste heat, operators of inland nuclear power plants utilising once-through wet cooling by taking water from a river or a lake control:

(a)

the maximum temperature of the recipient freshwater body after mixing, and

(b)

the maximum temperature difference between the discharged cooling water and the recipient freshwater body.

The temperature control is implemented in accordance with the individual licence conditions for the specific operations, where applicable, or threshold values in line with Union law.

The activity complies with the Industry Foundation Classes (IFC) standards.

Nuclear activities are operated in compliance with requirements on water intended for human consumption of Directive 2000/60/EC and of Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption.

(4)

Transition to a circular economy

A plan for the management of both non-radioactive and radioactive waste is in place and ensures maximal reuse or recycling of such waste at end of life in accordance with the waste hierarchy, including through contractual agreements with waste management partners, the reflection in financial projections or the official project documentation.

During operation and decommissioning, the amount of radioactive waste is minimised and the amount of free-release materials is maximised in accordance with Directive 2011/70/Euratom, and in compliance with the radiation protection requirements laid down in Directive 2013/59/Euratom.

A financing scheme is in place to ensure adequate funding for all decommissioning activities and for the management of spent fuel and radioactive waste, in compliance with Directive 2011/70/Euratom and Recommendation 2006/851/Euratom.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

The relevant elements in this Section are covered by Member States’ reports to the Commission in accordance with Article 14(1) of Directive 2011/70/Euratom.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Non-radioactive emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the best available techniques (BAT) conclusions for large combustion plants. No significant cross-media effects occur.

For nuclear power plants greater than 1 MW thermal input but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

Radioactive discharges to air, water bodies and ground (soil) comply with individual licence conditions for the specific operations, where applicable, or national threshold values in line with Directive 2013/51/Euratom and Directive 2013/59/Euratom.

Spent fuel and radioactive waste is safely and responsibly managed in accordance with Directive 2011/70/Euratom and Directive 2013/59/Euratom.

An adequate capacity of interim storage is available for the project, while national plans for disposal are in place to minimise the duration of interim storage, in compliance with Directive 2011/70/Euratom that considers radioactive waste storage, including long-term storage, as an interim solution, but not an alternative to disposal.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

For sites/operations located in or near biodiversity sensitive areas likely to have a significant effect on biodiversity sensitive areas (including the Natura 2000 network of protected areas, Unesco World Heritage sites and Key Biodiversity Areas, as well as other protected areas), an appropriate assessment, where applicable, has been conducted and based on its conclusions the necessary mitigation measures are implemented.

The sites/operations shall not be detrimental to the conservation status of any of the habitats or species present in protected areas.

4.29.   Electricity generation from fossil gaseous fuels

Description of the activity

Construction or operation of electricity generation facilities that produce electricity using fossil gaseous fuels. This activity does not include electricity generation from the exclusive use of renewable non-fossil gaseous and liquid fuels as referred to in Section 4.7 of this Annex and biogas and bio-liquid fuels as referred to in Section 4.8 of this Annex.

The economic activities in this category may be associated with several NACE codes, notably D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

1.

The activity meets either of the following criteria:

(a)

the life-cycle GHG emissions from the generation of electricity using fossil gaseous fuels are lower than 100 g CO2e/kWh.

Life-cycle GHG emissions are calculated based on project-specific data, where available, using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 or ISO 14064-1:2018.

Quantified life-cycle GHG emissions are verified by an independent third party.

Where facilities incorporate any form of abatement, including carbon capture or use of renewable or low-carbon gases, that abatement activity complies with the criteria set out in the relevant Section of this Annex, where applicable.

Where the CO2 that would otherwise be emitted from the electricity generation process is captured for the purpose of underground storage, the CO2 is transported and stored underground, in accordance with the technical screening criteria set out in Sections 5.11 and 5.12 of this Annex.

(b)

facilities for which the construction permit is granted by 31 December 2030 comply with all of the following:

(i)

direct GHG emissions of the activity are lower than 270g CO2e/kWh of the output energy, or annual direct GHG emissions of the activity do not exceed an average of 550kgCO2e/kW of the facility’s capacity over 20 years;

(ii)

the power to be replaced cannot be generated from renewable energy sources, based on a comparative assessment with the most cost-effective and technically feasible renewable alternative for the same capacity identified; the result of this comparative assessment is published and is subject to a stakeholder consultation;

(iii)

the activity replaces an existing high emitting electricity generation activity that uses solid or liquid fossil fuels;

(iv)

the newly installed production capacity does not exceed the capacity of the replaced facility by more than 15 %;

(v)

the facility is designed and constructed to use renewable and/or low-carbon gaseous fuels and the switch to full use of renewable and/or low-carbon gaseous fuels takes place by 31 December 2035, with a commitment and verifiable plan approved by the management body of the undertaking;

(vi)

the replacement leads to a reduction in emissions of at least 55 % GHG over the lifetime of the newly installed production capacity;

(vii)

where the activity takes place on the territory of a Member State in which coal is used for energy generation, that Member State has committed to phase-out the use of energy generation from coal and has reported this in its integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 of the European Parliament and of the Council (*8) or in another instrument.

Compliance with the criteria referred to in point 1(b) is verified by an independent third party. The independent third-party verifier has the necessary resources and expertise to perform such verification. The independent third party verifier does not have any conflict of interest with the owner or the funder, and is not involved in the development or operation of the activity. The independent third party verifier carries out diligently the verification of compliance with the technical screening criteria. In particular, every year the independent third party publishes and transmits to the Commission a report:

(a)

certifying the level of direct GHG emissions referred to in point 1(b)(i);

(b)

where applicable, assessing whether annual direct GHG emissions of the activity are on a credible trajectory to comply with the average threshold over 20 years referred to in point 1(b)(i);

(c)

assessing whether the activity is on a credible trajectory to comply with point 1(b)(v).

When undertaking the assessment referred to in point 1(b), the independent third party verifier takes into account in particular the planned annual direct GHG emissions for each year of the trajectory, realised annual direct GHG emissions, planned and realised operating hours, and planned and realised use of renewable or low carbon gases.

On the basis of the reports transmitted to it, the Commission may address an opinion to the relevant operators. The Commission shall take those reports into account when performing the review referred to in Article 19(5) of Regulation (EU) 2020/852.

2.

The activity meets either of the following criteria:

(a)

at construction, measurement equipment for monitoring of physical emissions, such as those from methane leakage, is installed or a leak detection and repair programme is introduced;

(b)

at operation, physical measurement of emissions are reported and leak is eliminated.

3.

Where the activity blends fossil gaseous fuels with gaseous or liquid biofuels, the agricultural biomass used for the production of the biofuels complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001 while forest biomass complies with the criteria laid down in Article 29, paragraphs 6 and 7, of that Directive.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for large combustion plants.

No significant cross-media effects occur.

For combustion plants with thermal input greater than 1 MW but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

4.30.   High-efficiency co-generation of heat/cool and power from fossil gaseous fuels

Description of the activity

Construction, refurbishment, and operation of combined heat/cool and power generation facilities using fossil gaseous fuels. This activity does not include high-efficiency co-generation of heat/cool and power from the exclusive use of renewable non-fossil gaseous and liquid fuels referred to in Section 4.19 of this Annex, and biogas and bio-liquid fuels referred to in Section 4.20 of this Annex.

The economic activities in this category may be associated with NACE codes D35.11 and D35.30 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

1.

The activity meets either of the following criteria:

(a)

the life-cycle GHG emissions from the co-generation of heat/cool and power from gaseous fuels are lower than 100 g CO2e per 1 kWh of energy output of the co-generation.

Life-cycle GHG emissions are calculated based on project-specific data, where available, using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 or ISO 14064-1:2018.

Quantified life-cycle GHG emissions are verified by an independent third party.

Where facilities incorporate any form of abatement, including carbon capture or use of renewable or low-carbon gases, that abatement activity complies with the relevant Sections of this Annex, where applicable. Where the CO2 emitted from the electricity generation is captured, the CO2 shall meet the emissions limit set out in point 1 of this Section and, the CO2 be transported and stored underground in a way that meets the technical screening criteria for transport of CO2 and storage of CO2 set out in Sections 5.11 and 5.12, respectively of this Annex.

(b)

facilities for which the construction permit is granted by 31 December 2030 comply with all of the following:

(i)

the activity achieves primary energy savings of at least 10 % compared with the references to separate production of heat and electricity; the primary energy savings are calculated on the basis of formula provided in Directive 2012/27/EU;

(ii)

direct GHG emissions of the activity are lower than 270 g CO2e/kWh of the output energy;

(iii)

the power and/or heat/cool to be replaced cannot be generated from renewable energy sources, based on a comparative assessment with the most cost-effective and technically feasible renewable alternative for the same capacity identified; the result of this comparative assessment is published and is subject to a stakeholder consultation;

(iv)

the activity replaces an existing high emitting combined heat/cool and power generation activity, a separate heat/cool generation activity, or a separate power generation activity that uses solid or liquid fossil fuels;

(v)

the newly installed production capacity does not exceed the capacity of the replaced facility;

(vi)

the facility is designed and constructed to use renewable and/or low-carbon gaseous fuels and the switch to full use of renewable and/or low-carbon gaseous fuels takes place by 31 December 2035, with a commitment and verifiable plan approved by the management body of the undertaking;

(vii)

the replacement leads to a reduction in emissions of at least 55 % GHG per kWh of output energy;

(viii)

the refurbishment of the facility does not increase production capacity of the facility;

(ix)

where the activity takes place on the territory of a Member State in which coal is used for energy generation, that Member State has committed to phase-out the use of energy generation from coal and has reported this in its integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 or in another instrument.

Compliance with the criteria referred to in point 1(b) is verified by an independent third party. The independent third party verifier has the necessary resources and expertise to perform such verification. The independent third party verifier does not have any conflict of interest with the owner or the funder, and is not involved in the development or operation of the activity. The independent third party verifier carries out diligently the verification of compliance with the technical screening criteria. In particular, every year the independent third party publishes and transmits to the Commission a report:

(a)

certifying the level of direct GHG emissions referred to in point 1(b)(ii);

(b)

assessing whether the activity is on a credible trajectory to comply with point 1(b)(vi).

On the basis of the reports transmitted to it, the Commission may address an opinion to the operators concerned. The Commission shall take those reports into account when performing the review referred to in Article 19(5) of Regulation (EU) 2020/852.

2.

The activity meets either of the following criteria:

(a)

at construction, measurement equipment for monitoring of physical emissions, including those from methane leakage, is installed or a leak detection and repair program is introduced;

(b)

at operation, physical measurement of emissions are reported and any leak is eliminated.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for large combustion plants.

No significant cross-media effects occur.

For combustion plants with thermal input greater than 1 MW but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

4.31.   Production of heat/cool from fossil gaseous fuels in an efficient district heating and cooling system

Description of the activity

Construction, refurbishment and operation of heat generation facilities that produce heat/cool using fossil gaseous fuels connected to efficient district heating and cooling within the meaning of Article 2, point (41) of Directive 2012/27/EU. This activity does not include production of heat/cool in an efficient district heating from the exclusive use of renewable non-fossil gaseous and liquid fuels referred to in Section 4.23 of this Annex and biogas and bio-liquid fuels referred to in Section 4.24 of this Annex.

The activity is classified under NACE code D35.30 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

1.

The activity meets either of the following criteria:

(a)

Life-cycle GHG emissions from the generation of heat/cool from gaseous fuels are lower than 100 g CO2e/kWh. Life-cycle GHG emission savings are calculated using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 or ISO 14064-1:2018.

Quantified life-cycle GHG emissions are verified by an independent third party.

Where facilities incorporate any form of abatement, including carbon capture or use of renewable or low-carbon gases, that abatement activity complies with the relevant Sections of this Annex, where applicable. Where the CO2 emitted from the electricity generation is captured, the CO2 shall meet the emissions limit set out in point 1 of this Section and shall be transported and stored underground in a way that meets the technical screening criteria for transport of CO2 and storage of CO2 set out in Sections 5.11 and 5.12, respectively of this Annex.

(b)

facilities for which the construction permit is granted by 31 December 2030 comply with all of the following:

(i)

the thermal energy generated by the activity is used in an efficient district heating and cooling system as defined in Directive 2012/27/EU;

(ii)

the direct GHG emissions of the activity are lower than 270 g CO2e/kWh of the output energy;

(iii)

the heat/cool to be replaced cannot be generated from renewable energy sources, based on a comparative assessment with the most cost-effective and technically feasible renewable alternative for the same capacity identified; the result of this comparative assessment is published and is subject to a stakeholder consultation;

(iv)

the activity replaces an existing high emitting heating/cooling activity using solid or liquid fossil fuel;

(v)

the newly installed production capacity does not exceed the capacity of the replaced facility;

(vi)

the facility is designed and constructed to use renewable and/or low-carbon gaseous fuels and the switch to full use of renewable and/or low-carbon gaseous fuels takes place by 31 December 2035, with a commitment and verifiable plan approved by the management body of the undertaking;

(vii)

the replacement leads to a reduction in emissions of at least 55 % GHG per kWh of output energy;

(viii)

the refurbishment of the facility does not increase production capacity of the facility;

(ix)

where the activity takes place on the territory of a Member State in which coal is used for energy generation, that Member State has committed to phase-out the use of energy generation from coal and has reported this in its integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 or in another instrument.

Compliance with the criteria referred to in point 1(b) is verified by an independent third party. The independent third-party verifier has the necessary resources and expertise to perform such verification. The independent third party verifier does not have any conflict of interest with the owner or the funder, and is not be involved in the development or operation of the activity. The independent third party verifier carries out diligently the verification of compliance with the technical screening criteria. In particular, every year the independent third party publishes and transmits to the Commission a report:

(a)

certifying the level of direct GHG emissions referred to in point 1(b)(ii);

(b)

assessing whether the activity is on a credible trajectory to comply with point 1(b)(vi).

On the basis of the reports transmitted to it, the Commission may address an opinion to the operators concerned. The Commission shall take those reports into account when performing the review referred to in Article 19(5) of Regulation (EU) 2020/852.

2.

The activity meets either of the following criteria:

(a)

at construction, measurement equipment for monitoring of physical emissions, such as those from methane leakage, is installed or a leak detection and repair program is introduced;

(b)

at operation, physical measurement of emissions are reported and any leak is eliminated.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for large combustion plants.

No significant cross-media effects occur.

For combustion plants with thermal input greater than 1 MW but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.


(*1)  Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18).

(*2)  Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48).

(*3)  Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1).

(*4)  Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

(*5)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

(*6)  Commission Recommendation 2006/851/Euratom of 24 October 2006 on the management of financial resources for the decommissioning of nuclear installations, spent fuel and radioactive waste (OJ L 330, 28.11.2006, p. 31).

(*7)  Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12).

(*8)  Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1)’.


ANNEX II

In Annex II to Delegated Regulation (EU) 2021/2139, the following Sections 4.26, 4.27, 4.28, 4.29, 4.30, and 4.31 are inserted:

“4.26.   Pre-commercial stages of advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle

Description of the activity

Research, development, demonstration and deployment of innovative electricity generation facilities, licenced by Member States’ competent authorities in accordance with applicable national law, that produce energy from nuclear processes with minimal waste from the fuel cycle.

The activity is classified under NACE code M72 and M72.1 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change adaptation

1.

The economic activity has implemented physical and non-physical solutions (‘adaptation solutions’) that substantially reduce the most important physical climate risks that are material to that activity.

2.

The physical climate risks that are material to the activity have been identified from those listed in Appendix A to this Annex by performing a robust climate risk and vulnerability assessment with the following steps:

(a)

screening of the activity to identify which physical climate risks from the list in Appendix A to this Annex may affect the performance of the economic activity during its expected lifetime;

(b)

where the activity is assessed to be at risk from one or more of the physical climate risks listed in Appendix A to this Annex, a climate risk and vulnerability assessment to assess the materiality of the physical climate risks on the economic activity;

(c)

an assessment of adaptation solutions that can reduce the identified physical climate risk.

The climate risk and vulnerability assessment is proportionate to the scale of the activity and its expected lifespan, such that:

(a)

for activities with an expected lifespan of less than 10 years, the assessment is performed, at least by using climate projections at the smallest appropriate scale;

(b)

for all other activities, the assessment is performed using the highest available resolution, state-of-the-art climate projections across the existing range of future scenarios (1) consistent with the expected lifetime of the activity, including, at least, 10 to 30 year climate projections scenarios for major investments.

3.

The climate projections and assessment of impacts are based on best practice and available guidance and take into account the state-of-the-art science for vulnerability and risk analysis and related methodologies in line with the most recent Intergovernmental Panel on Climate Change reports (2), scientific peer-reviewed publications and open source (3) or paying models.

4.

The adaptation solutions implemented:

(a)

do not adversely affect the adaptation efforts or the level of resilience to physical climate risks of other people, of nature, of cultural heritage, of assets and of other economic activities;

(b)

favour nature-based solutions (4) or rely on blue or green infrastructure (5) to the extent possible;

(c)

are consistent with local, sectoral, regional or national adaptation plans and strategies;

(d)

are monitored and measured against pre-defined indicators and remedial action is considered where those indicators are not met;

(e)

where the solution implemented is physical and consists in an activity for which technical screening criteria have been specified in this Annex, the solution complies with the do no significant harm technical screening criteria for that activity.

5.

The activity complies with the provisions laid down in the Euratom Treaty and the legislation adopted on its basis, in particular, Directive 2013/59/Euratom, Directive 2009/71/Euratom, and Directive 2011/70/Euratom as well as applicable Union environmental law adopted under Article 192 TFEU, in particular Directive 2011/92/EU and Directive 2000/60/EC.

6.

The activity complies with national legislation that transposes Directive 2009/71/Euratom, including as regards the evaluation, through stress-tests, of the resilience of the Union nuclear power plants against extreme natural hazards, including earthquakes. Accordingly, the activity takes place on the territory of a Member State where the operator of a nuclear installation:

(a)

has submitted a demonstration of nuclear safety, whose scope and level of detail is commensurate with the potential magnitude and nature of the hazard relevant for the nuclear installation and its site (Article 6, point (b), of Directive 2009/71/Euratom);

(b)

has taken defence-in-depth measures to ensure, inter alia, that the impact of extreme external natural and unintended man-made hazards is minimised (Article 8b(1), point (a), of Directive 2009/71/Euratom);

(c)

has performed an appropriate site and installation-specific assessment when the operator concerned applies for a licence to construct or operate a nuclear power plant (Article 8c(a) of Directive 2009/71/Euratom).

The activity fulfils the requirements of Directive 2009/71/Euratom, supported by the latest international guidance through the IAEA and WENRA, contributing to increasing the resilience and the ability of new and existing nuclear power plants to cope with extreme natural hazards, including floods and extreme weather conditions.

Do no significant harm (‘DNSH’)

(1)

Climate change mitigation

The direct GHG emissions of the activity are lower than 270 g CO2e/kWh.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

Environmental degradation risks related to preserving water quality and avoiding water stress are identified and addressed, in accordance with a water use and protection management plan, developed in consultation with stakeholders concerned.

In order to limit thermal anomalies associated with the discharge of waste heat, operators of inland nuclear power plants utilising once-through wet cooling by taking water from a river or a lake shall control:

(a)

the maximum temperature of the recipient freshwater body after mixing, and

(b)

the maximum temperature difference between the discharged cooling water and the recipient freshwater body.

The temperature control is implemented in accordance with the individual licence conditions for the specific operations, where applicable, or threshold values in line with the EU regulatory framework.

The activity complies with the Industry Foundation Classes (IFC) standards.

Nuclear activities are operated in compliance with requirements on water intended for human consumption of Directive 2000/60/EC and of Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption.

(4)

Transition to a circular economy

A plan for the management of both non-radioactive and radioactive waste is in place and ensures maximal reuse or recycling of such waste at end of life in accordance with the waste hierarchy, including through contractual agreements with waste management partners, the reflection in financial projections or the official project documentation.

During operation and decommissioning, the amount of radioactive waste is minimised and the amount of free-release materials is maximised in accordance with Directive 2011/70/Euratom, and in compliance with the radiation protection requirements laid down in Directive 2013/59/Euratom.

A financing scheme is in place to ensure adequate funding for all decommissioning activities and for the management of spent fuel and radioactive waste, in compliance with Directive 2011/70/Euratom and Recommendation 2006/851/Euratom.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

The relevant elements in this Section are covered by Member States’ reports to the Commission in accordance with Article 14(1) of Directive 2011/70/Euratom.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex. Non-radioactive emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the best available techniques (BAT) conclusions for large combustion plants. No significant cross-media effects occur.

For nuclear power plants greater than 1 MW thermal input but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

Radioactive discharges to air, water bodies and ground (soil) comply with individual licence conditions for the specific operations, where applicable, and/or national threshold values in line with Directive 2013/51/Euratom and Directive 2013/59/Euratom.

Spent fuel and radioactive waste is safely and responsibly managed in accordance with Directive 2011/70/Euratom and Directive 2013/59/Euratom.

An adequate capacity of interim storage is available for the project, while national plans for disposal are in place to minimise the duration of interim storage, in compliance with the provision of Directive 2011/70/Euratom that considers radioactive waste storage, including long-term storage, as an interim solution, but not an alternative to disposal.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

For sites/operations located in or near biodiversity sensitive areas likely to have a significant effect on biodiversity sensitive areas (including the Natura 2000 network of protected areas, Unesco World Heritage sites and Key Biodiversity Areas, as well as other protected areas), an appropriate assessment, where applicable, has been conducted and based on its conclusions the necessary mitigation measures are implemented.

The sites/operations shall not be detrimental to the conservation status of any of the habitats or species present in protected areas.

4.27.   Construction and safe operation of new nuclear power plants, for the generation of electricity and/or heat, including for hydrogen production, using best-available technologies

Description of the activity

Construction and safe operation of new nuclear installations, for which the construction permit has been issued by 2045 by Member States’ competent authorities in accordance with applicable national law, to produce electricity or process heat, including for the purposes of district heating or industrial processes such as hydrogen production (new nuclear installations), as well as their safety upgrades.

The activity is classified under NACE codes D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change adaptation

1.

The economic activity has implemented physical and non-physical solutions (‘adaptation solutions’) that substantially reduce the most important physical climate risks that are material to that activity.

2.

The physical climate risks that are material to the activity have been identified from those listed in Appendix A to this Annex by performing a robust climate risk and vulnerability assessment with the following steps:

(a)

screening of the activity to identify which physical climate risks from the list in Appendix A to this Annex may affect the performance of the economic activity during its expected lifetime;

(b)

where the activity is assessed to be at risk from one or more of the physical climate risks listed in Appendix A to this Annex, a climate risk and vulnerability assessment to assess the materiality of the physical climate risks on the economic activity;

(c)

an assessment of adaptation solutions that can reduce the identified physical climate risk.

The climate risk and vulnerability assessment is proportionate to the scale of the activity and its expected lifespan, such that:

(a)

for activities with an expected lifespan of less than 10 years, the assessment is performed, at least by using climate projections at the smallest appropriate scale;

(b)

for all other activities, the assessment is performed using the highest available resolution, state-of-the-art climate projections across the existing range of future scenarios (6) consistent with the expected lifetime of the activity, including, at least, 10 to 30 year climate projections scenarios for major investments.

3.

The climate projections and assessment of impacts are based on best practice and available guidance and take into account the state-of-the-art science for vulnerability and risk analysis and related methodologies in line with the most recent Intergovernmental Panel on Climate Change reports (7), scientific peer-reviewed publications and open source (8) or paying models.

4.

The adaptation solutions implemented:

(a)

do not adversely affect the adaptation efforts or the level of resilience to physical climate risks of other people, of nature, of cultural heritage, of assets and of other economic activities;

(b)

favour nature-based solutions (9) or rely on blue or green infrastructure (10) to the extent possible;

(c)

are consistent with local, sectoral, regional or national adaptation plans and strategies;

(d)

are monitored and measured against pre-defined indicators and remedial action is considered where those indicators are not met;

(e)

where the solution implemented is physical and consists in an activity for which technical screening criteria have been specified in this Annex, the solution complies with the do no significant harm technical screening criteria for that activity.

5.

The activity complies with the provisions laid down in the Euratom Treaty and the legislation adopted on its basis, in particular, Directive 2013/59/Euratom, Directive 2009/71/Euratom, and Directive 2011/70/Euratom as well as applicable Union environmental law adopted under Article 192 TFEU, in particular Directive 2011/92/EU and Directive 2000/60/EC.

6.

The activity complies with national legislation that transposes Directive 2009/71/Euratom, including as regards the evaluation, through stress-tests, of the resilience of the Union nuclear power plants against extreme natural hazards, including earthquakes. Accordingly, the activity takes place on the territory of a Member State where the operator of a nuclear installation:

(a)

has submitted a demonstration of nuclear safety, whose scope and level of detail is commensurate with the potential magnitude and nature of the hazard relevant for the nuclear installation and its site (Article 6, point (b), of Directive 2009/71/Euratom);

(b)

has taken defence-in-depth measures to ensure, inter alia, that the impact of extreme external natural and unintended man-made hazards is minimised (Article 8b(1), point (a), of Directive 2009/71/Euratom);

(c)

has performed an appropriate site and installation-specific assessment when the operator concerned applies for a licence to construct or operate a nuclear power plant (Article 8c(a) of Directive 2009/71/Euratom).

The activity fulfils the requirements of Directive 2009/71/Euratom, supported by the latest international guidance through the IAEA and WENRA, contributing to increasing the resilience and the ability of new and existing nuclear power plants to cope with extreme natural hazards, including floods and extreme weather conditions.

Do no significant harm (‘DNSH’)

(1)

Climate change mitigation

The direct GHG emissions of the activity are lower than 270 g CO2e/kWh.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

Environmental degradation risks related to preserving water quality and avoiding water stress are identified and addressed, in accordance with a water use and protection management plan, developed in consultation with stakeholders concerned.

In order to limit thermal anomalies associated with the discharge of waste heat, operators of inland nuclear power plants utilising once-through wet cooling by taking water from a river or a lake shall control:

(a)

the maximum temperature of the recipient freshwater body after mixing, and

(b)

the maximum temperature difference between the discharged cooling water and the recipient freshwater body.

The temperature control is implemented in accordance with the individual licence conditions for the specific operations, where applicable, and/or threshold values in line with the EU regulatory framework.

The activity complies with the Industry Foundation Classes (IFC) standards.

Nuclear activities are operated in compliance with requirements on water intended for human consumption of Directive 2000/60/EC and of Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption.

(4)

Transition to a circular economy

A plan for the management of both non-radioactive and radioactive waste is in place and ensures maximal reuse or recycling of such waste at end of life in accordance with the waste hierarchy, including through contractual agreements with waste management partners, the reflection in financial projections or the official project documentation.

During operation and decommissioning, the amount of radioactive waste is minimised and the amount of free-release materials is maximised in accordance with Directive 2011/70/Euratom, and in compliance with the radiation protection requirements laid down in Directive 2013/59/Euratom.

A financing scheme is in place to ensure adequate funding for all decommissioning activities and for the management of spent fuel and radioactive waste, in compliance with Directive 2011/70/Euratom and Recommendation 2006/851/Euratom.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

The relevant elements in this Section are covered by Member States’ reports to the Commission in accordance with Article 14(1) of Directive 2011/70/Euratom.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex. Non-radioactive emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the best available techniques (BAT) conclusions for large combustion plants. No significant cross-media effects occur.

For nuclear power plants greater than 1 MW thermal input but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

Radioactive discharges to air, water bodies and ground (soil) comply with individual licence conditions for the specific operations, where applicable, and/or national threshold values in line with Directive 2013/51/Euratom and Directive 2013/59/Euratom.

Spent fuel and radioactive waste is safely and responsibly managed in accordance with Directive 2011/70/Euratom and Directive 2013/59/Euratom.

An adequate capacity of interim storage is available for the project, while national plans for disposal are in place to minimise the duration of interim storage, in compliance with the provision of Directive 2011/70/Euratom that considers radioactive waste storage, including long-term storage, as an interim solution, but not an alternative to disposal.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

For sites/operations located in or near biodiversity sensitive areas likely to have a significant effect on biodiversity sensitive areas (including the Natura 2000 network of protected areas, Unesco World Heritage sites and Key Biodiversity Areas, as well as other protected areas), an appropriate assessment, where applicable, has been conducted and based on its conclusions the necessary mitigation measures are implemented.

The sites/operations shall not be detrimental to the conservation status of any of the habitats or species present in protected areas.

4.28.   Electricity generation from nuclear energy in existing installations

Description of the activity

Modification of existing nuclear installations for the purposes of extension, authorised by Member States’ competent authorities by 2040 in accordance with applicable national law, of the service time of safe operation of nuclear installations that produce electricity or heat from nuclear energy (‘nuclear power plants’).

The activity is classified under NACE codes D35.11 and F42.2 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change adaptation

1.

The economic activity has implemented physical and non-physical solutions (‘adaptation solutions’) that substantially reduce the most important physical climate risks that are material to that activity.

2.

The physical climate risks that are material to the activity have been identified from those listed in Appendix A to this Annex by performing a robust climate risk and vulnerability assessment with the following steps:

(a)

screening of the activity to identify which physical climate risks from the list in Appendix A to this Annex may affect the performance of the economic activity during its expected lifetime;

(b)

where the activity is assessed to be at risk from one or more of the physical climate risks listed in Appendix A to this Annex, a climate risk and vulnerability assessment to assess the materiality of the physical climate risks on the economic activity;

(c)

an assessment of adaptation solutions that can reduce the identified physical climate risk.

The climate risk and vulnerability assessment is proportionate to the scale of the activity and its expected lifespan, such that:

(a)

for activities with an expected lifespan of less than 10 years, the assessment is performed, at least by using climate projections at the smallest appropriate scale;

(b)

for all other activities, the assessment is performed using the highest available resolution, state-of-the-art climate projections across the existing range of future scenarios (11) consistent with the expected lifetime of the activity, including, at least, 10 to 30 year climate projections scenarios for major investments.

3.

The climate projections and assessment of impacts are based on best practice and available guidance and take into account the state-of-the-art science for vulnerability and risk analysis and related methodologies in line with the most recent Intergovernmental Panel on Climate Change reports (12), scientific peer-reviewed publications and open source (13) or paying models.

4.

The adaptation solutions implemented:

(a)

do not adversely affect the adaptation efforts or the level of resilience to physical climate risks of other people, of nature, of cultural heritage, of assets and of other economic activities;

(b)

favour nature-based solutions (14) or rely on blue or green infrastructure (15) to the extent possible;

(c)

are consistent with local, sectoral, regional or national adaptation plans and strategies;

(d)

are monitored and measured against pre-defined indicators and remedial action is considered where those indicators are not met;

(e)

where the solution implemented is physical and consists in an activity for which technical screening criteria have been specified in this Annex, the solution complies with the do no significant harm technical screening criteria for that activity.

5.

The activity complies with the provisions laid down in the Euratom Treaty and the legislation adopted on its basis, in particular, Directive 2013/59/Euratom, Directive 2009/71/Euratom, and Directive 2011/70/Euratom as well as applicable Union environmental law adopted under Article 192 TFEU, in particular Directive 2011/92/EU and Directive 2000/60/EC.

6.

The activity complies with national legislation that transposes Directive 2009/71/Euratom, including as regards the evaluation, through stress-tests, of the resilience of the Union nuclear power plants against extreme natural hazards, including earthquakes. Accordingly, the activity takes place on the territory of a Member State where the operator of a nuclear installation:

(a)

has submitted a demonstration of nuclear safety, whose scope and level of detail is commensurate with the potential magnitude and nature of the hazard relevant for the nuclear installation and its site (Article 6, point (b), of Directive 2009/71/Euratom);

(b)

has taken defence-in-depth measures to ensure, inter alia, that the impact of extreme external natural and unintended man-made hazards is minimised (Article 8b(1), point (a), of Directive 2009/71/Euratom);

(c)

has performed an appropriate site and installation-specific assessment when the operator concerned applies for a licence to construct or operate a nuclear power plant (Article 8c(a) of Directive 2009/71/Euratom).

The activity fulfils the requirements of Directive 2009/71/Euratom, supported by the latest international guidance through the IAEA and WENRA, contributing to increasing the resilience and the ability of new and existing nuclear power plants to cope with extreme natural hazards, including floods and extreme weather conditions.

Do no significant harm (‘DNSH’)

(1)

Climate change mitigation

The direct GHG emissions of the activity are lower than 270 g CO2e/kWh.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

Environmental degradation risks related to preserving water quality and avoiding water stress are identified and addressed, in accordance with a water use and protection management plan, developed in consultation with stakeholders concerned.

In order to limit thermal anomalies associated with the discharge of waste heat, operators of inland nuclear power plants utilising once-through wet cooling by taking water from a river or a lake shall control:

(a)

the maximum temperature of the recipient freshwater body after mixing, and

(b)

the maximum temperature difference between the discharged cooling water and the recipient freshwater body.

The temperature control is implemented in accordance with the individual licence conditions for the specific operations, where applicable, or threshold values in line with the Union law.

The activity complies with the Industry Foundation Classes (IFC) standards.

Nuclear activities are operated in compliance with requirements on water intended for human consumption of Directive 2000/60/EC and of Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption.

(4)

Transition to a circular economy

A plan for the management of both non-radioactive and radioactive waste is in place and ensures maximal reuse or recycling of such waste at end of life in accordance with the waste hierarchy, including through contractual agreements with waste management partners, the reflection in financial projections or the official project documentation.

During operation and decommissioning, the amount of radioactive waste is minimised and the amount of free-release materials is maximised in accordance with Directive 2011/70/Euratom, and in compliance with the radiation protection requirements laid down in Directive 2013/59/Euratom.

A financing scheme is in place to ensure adequate funding for all decommissioning activities and for the management of spent fuel and radioactive waste, in compliance with Directive 2011/70/Euratom and Recommendation 2006/851/Euratom.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

The relevant elements in this Section are covered by Member States’ reports to the Commission in accordance with Article 14(1) of Directive 2011/70/Euratom.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex. Non-radioactive emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the best available techniques (BAT) conclusions for large combustion plants. No significant cross-media effects occur.

For nuclear power plants greater than 1 MW thermal input but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

Radioactive discharges to air, water bodies and ground (soil) comply with individual licence conditions for the specific operations, where applicable, and/or national threshold values in line with Directive 2013/51/Euratom and Directive 2013/59/Euratom).

Spent fuel and radioactive waste is safely and responsibly managed in accordance with Directive 2011/70/Euratom and Directive 2013/59/Euratom.

An adequate capacity of interim storage is available for the project, while national plans for disposal are in place to minimize the duration of interim storage, in compliance with the provision of Directive 2011/70/Euratom that considers radioactive waste storage, including long-term storage, as an interim solution, but not an alternative to disposal.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

An Environmental Impact Assessment is completed prior to the construction of a nuclear power plant, in accordance with Directive 2011/92/EU. The required mitigation and compensatory measures are implemented.

For sites/operations located in or near biodiversity sensitive areas likely to have a significant effect on biodiversity sensitive areas (including the Natura 2000 network of protected areas, Unesco World Heritage sites and Key Biodiversity Areas, as well as other protected areas), an appropriate assessment, where applicable, has been conducted and based on its conclusions the necessary mitigation measures are implemented.

The sites/operations shall not be detrimental to the conservation status of any of the habitats or species present in protected areas.

4.29.   Electricity generation from fossil gaseous fuels

Description of the activity

Construction or operation of electricity generation facilities that produce electricity using fossil gaseous fuels that meet the criteria in point 1(a) of Section 4.29 of Annex I. This activity does not include electricity generation from the exclusive use of renewable non-fossil gaseous and liquid fuels referred to in Section 4.7 of Annex I and biogas and bio-liquid fuels referred to in Section 4.8 of Annex I.

The economic activities in this category may be associated with several NACE codes, notably D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change adaptation

1.

The economic activity has implemented physical and non-physical solutions (‘adaptation solutions’) that substantially reduce the most important physical climate risks that are material to that activity.

2.

The physical climate risks that are material to the activity have been identified from those listed in Appendix A to this Annex by performing a robust climate risk and vulnerability assessment with the following steps:

(a)

screening of the activity to identify which physical climate risks from the list in Appendix A to this Annex may affect the performance of the economic activity during its expected lifetime;

(b)

where the activity is assessed to be at risk from one or more of the physical climate risks listed in Appendix A to this Annex, a climate risk and vulnerability assessment to assess the materiality of the physical climate risks on the economic activity;

(c)

an assessment of adaptation solutions that can reduce the identified physical climate risk.

The climate risk and vulnerability assessment is proportionate to the scale of the activity and its expected lifespan, such that:

(a)

for activities with an expected lifespan of less than 10 years, the assessment is performed, at least by using climate projections at the smallest appropriate scale;

(b)

for all other activities, the assessment is performed using the highest available resolution, state-of-the-art climate projections across the existing range of future scenarios (16) consistent with the expected lifetime of the activity, including, at least, 10 to 30 year climate projections scenarios for major investments.

3.

The climate projections and assessment of impacts are based on best practice and available guidance and take into account the state-of-the-art science for vulnerability and risk analysis and related methodologies in line with the most recent Intergovernmental Panel on Climate Change reports (17), scientific peer-reviewed publications and open source (18) or paying models.

4.

The adaptation solutions implemented:

(a)

do not adversely affect the adaptation efforts or the level of resilience to physical climate risks of other people, of nature, of cultural heritage, of assets and of other economic activities;

(b)

favour nature-based solutions (19) or rely on blue or green infrastructure (20) to the extent possible;

(c)

are consistent with local, sectoral, regional or national adaptation plans and strategies;

(d)

are monitored and measured against pre-defined indicators and remedial action is considered where those indicators are not met;

(e)

where the solution implemented is physical and consists in an activity for which technical screening criteria have been specified in this Annex, the solution complies with the do no significant harm technical screening criteria for that activity.

Do no significant harm (‘DNSH’)

(1)

Climate change mitigation

The direct GHG emissions of the activity are lower than 270 g CO2e/kWh.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for large combustion plants.

No significant cross-media effects occur.

For combustion plants with thermal input greater than 1 MW but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

4.30.   High-efficiency co- generation of heat/cool and power from fossil gaseous fuels

Description of the activity

Construction, refurbishment and operation of combined heat/cool and power generation facilities using fossil gaseous fuels that meet the criteria in point 1(a) of Section 4.30 of Annex I. This activity does not include high-efficiency co-generation of heat/cool and power from the exclusive use of renewable non-fossil gaseous and liquid fuels referred to in Section 4.19 of Annex I and biogas and bio-liquid fuels referred to in Section 4.20 of Annex I.

The economic activities in this category may be associated with NACE codes D35.11 and D35.30 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change adaptation

1.

The economic activity has implemented physical and non-physical solutions (‘adaptation solutions’) that substantially reduce the most important physical climate risks that are material to that activity.

2.

The physical climate risks that are material to the activity have been identified from those listed in Appendix A to this Annex by performing a robust climate risk and vulnerability assessment with the following steps:

(a)

screening of the activity to identify which physical climate risks from the list in Appendix A to this Annex may affect the performance of the economic activity during its expected lifetime;

(b)

where the activity is assessed to be at risk from one or more of the physical climate risks listed in Appendix A to this Annex, a climate risk and vulnerability assessment to assess the materiality of the physical climate risks on the economic activity;

(c)

an assessment of adaptation solutions that can reduce the identified physical climate risk.

The climate risk and vulnerability assessment is proportionate to the scale of the activity and its expected lifespan, such that:

(a)

for activities with an expected lifespan of less than 10 years, the assessment is performed, at least by using climate projections at the smallest appropriate scale;

(b)

for all other activities, the assessment is performed using the highest available resolution, state-of-the-art climate projections across the existing range of future scenarios (21) consistent with the expected lifetime of the activity, including, at least, 10 to 30 year climate projections scenarios for major investments.

3.

The climate projections and assessment of impacts are based on best practice and available guidance and take into account the state-of-the-art science for vulnerability and risk analysis and related methodologies in line with the most recent Intergovernmental Panel on Climate Change reports (22), scientific peer-reviewed publications and open source (23) or paying models.

4.

The adaptation solutions implemented:

(a)

do not adversely affect the adaptation efforts or the level of resilience to physical climate risks of other people, of nature, of cultural heritage, of assets and of other economic activities;

(b)

favour nature-based solutions (24) or rely on blue or green infrastructure (25) to the extent possible;

(c)

are consistent with local, sectoral, regional or national adaptation plans and strategies;

(d)

are monitored and measured against pre-defined indicators and remedial action is considered where those indicators are not met;

(e)

where the solution implemented is physical and consists in an activity for which technical screening criteria have been specified in this Annex, the solution complies with the do no significant harm technical screening criteria for that activity.

Do no significant harm (‘DNSH’)

(1)

Climate change mitigation

The direct GHG emissions of the activity are lower than 270 g CO2e/kWh.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for large combustion plants.

No significant cross-media effects occur.

For combustion plants with thermal input greater than 1 MW but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

4.31.   Production of heat/cool from fossil gaseous fuels in an efficient district heating and cooling system

Description of the activity

Construction, refurbishment and operation of heat generation facilities that produce heat/cool using fossil gaseous fuels connected to efficient district heating and cooling within the meaning of Article 2(41) of Directive 2012/27/EUthat meet the criteria in point 1(a) of Section 4.31 of Annex I. This activity does not include production of heat/cool from in an efficient district heating from the exclusive use of renewable non-fossil gaseous and liquid fuels referred to in Section 4.23 of Annex I and biogas and bio-liquid fuels referred to in Section 4.24 of Annex I.

The activity is classified under NACE code D35.30 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change adaptation

1.

The economic activity has implemented physical and non-physical solutions (‘adaptation solutions’) that substantially reduce the most important physical climate risks that are material to that activity.

2.

The physical climate risks that are material to the activity have been identified from those listed in Appendix A to this Annex by performing a robust climate risk and vulnerability assessment with the following steps:

(a)

screening of the activity to identify which physical climate risks from the list in Appendix A to this Annex may affect the performance of the economic activity during its expected lifetime;

(b)

where the activity is assessed to be at risk from one or more of the physical climate risks listed in Appendix A to this Annex, a climate risk and vulnerability assessment to assess the materiality of the physical climate risks on the economic activity;

(c)

an assessment of adaptation solutions that can reduce the identified physical climate risk.

The climate risk and vulnerability assessment is proportionate to the scale of the activity and its expected lifespan, such that:

(a)

for activities with an expected lifespan of less than 10 years, the assessment is performed, at least by using climate projections at the smallest appropriate scale;

(b)

for all other activities, the assessment is performed using the highest available resolution, state-of-the-art climate projections across the existing range of future scenarios (26) consistent with the expected lifetime of the activity, including, at least, 10 to 30 year climate projections scenarios for major investments.

3.

The climate projections and assessment of impacts are based on best practice and available guidance and take into account the state-of-the-art science for vulnerability and risk analysis and related methodologies in line with the most recent Intergovernmental Panel on Climate Change reports (27), scientific peer-reviewed publications and open source (28) or paying models.

4.

The adaptation solutions implemented:

(a)

do not adversely affect the adaptation efforts or the level of resilience to physical climate risks of other people, of nature, of cultural heritage, of assets and of other economic activities;

(b)

favour nature-based solutions (29) or rely on blue or green infrastructure (30) to the extent possible;

(c)

are consistent with local, sectoral, regional or national adaptation plans and strategies;

(d)

are monitored and measured against pre-defined indicators and remedial action is considered where those indicators are not met;

(e)

where the solution implemented is physical and consists in an activity for which technical screening criteria have been specified in this Annex, the solution complies with the do no significant harm technical screening criteria for that activity.

Do no significant harm (‘DNSH’)

(1)

Climate change mitigation

The direct GHG emissions of the activity are lower than 270 g CO2e/kWh.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for large combustion plants.

No significant cross-media effects occur.

For combustion plants with thermal input greater than 1 MW but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.”


(1)  Future scenarios include Intergovernmental Panel on Climate Change representative concentration pathways RCP2.6, RCP4.5, RCP6.0 and RCP8.5.

(2)  Assessments Reports on Climate Change: Impacts, Adaptation and Vulnerability, published periodically by the Intergovernmental Panel on Climate Change (IPCC), the United Nations body for assessing the science related to climate change produces, https://www.ipcc.ch/reports/.

(3)  Such as Copernicus services managed by the European Commission.

(4)  Nature-based solutions are defined as ‘solutions that are inspired and supported by nature, which are cost-effective, simultaneously provide environmental, social and economic benefits and help build resilience. Such solutions bring more, and more diverse, nature and natural features and processes into cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions’. Therefore, nature-based solutions benefit biodiversity and support the delivery of a range of ecosystem services (version of [adoption date]: https://ec.europa.eu/info/research-and-innovation/research-area/environment/nature-based-solutions_en/).

(5)  See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Green Infrastructure (GI) – Enhancing Europe’s Natural Capital, COM/2013/249 final.

(6)  Future scenarios include Intergovernmental Panel on Climate Change representative concentration pathways RCP2.6, RCP4.5, RCP6.0 and RCP8.5.

(7)  Assessments Reports on Climate Change: Impacts, Adaptation and Vulnerability, published periodically by the Intergovernmental Panel on Climate Change (IPCC), the United Nations body for assessing the science related to climate change produces, https://www.ipcc.ch/reports/.

(8)  Such as Copernicus services managed by the European Commission.

(9)  Nature-based solutions are defined as ‘solutions that are inspired and supported by nature, which are cost-effective, simultaneously provide environmental, social and economic benefits and help build resilience. Such solutions bring more, and more diverse, nature and natural features and processes into cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions’. Therefore, nature-based solutions benefit biodiversity and support the delivery of a range of ecosystem services (version of [adoption date]: https://ec.europa.eu/info/research-and-innovation/research-area/environment/nature-based-solutions_en/).

(10)  See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Green Infrastructure (GI) – Enhancing Europe’s Natural Capital, COM/2013/249 final.

(11)  Future scenarios include Intergovernmental Panel on Climate Change representative concentration pathways RCP2.6, RCP4.5, RCP6.0 and RCP8.5.

(12)  Assessments Reports on Climate Change: Impacts, Adaptation and Vulnerability, published periodically by the Intergovernmental Panel on Climate Change (IPCC), the United Nations body for assessing the science related to climate change produces, https://www.ipcc.ch/reports/.

(13)  Such as Copernicus services managed by the European Commission.

(14)  Nature-based solutions are defined as ‘solutions that are inspired and supported by nature, which are cost-effective, simultaneously provide environmental, social and economic benefits and help build resilience. Such solutions bring more, and more diverse, nature and natural features and processes into cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions’. Therefore, nature-based solutions benefit biodiversity and support the delivery of a range of ecosystem services (version of [adoption date]: https://ec.europa.eu/info/research-and-innovation/research-area/environment/nature-based-solutions_en/).

(15)  See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Green Infrastructure (GI) – Enhancing Europe’s Natural Capital, COM/2013/249 final.

(16)  Future scenarios include Intergovernmental Panel on Climate Change representative concentration pathways RCP2.6, RCP4.5, RCP6.0 and RCP8.5.

(17)  Assessments Reports on Climate Change: Impacts, Adaptation and Vulnerability, published periodically by the Intergovernmental Panel on Climate Change (IPCC), the United Nations body for assessing the science related to climate change produces, https://www.ipcc.ch/reports/.

(18)  Such as Copernicus services managed by the European Commission.

(19)  Nature-based solutions are defined as ‘solutions that are inspired and supported by nature, which are cost-effective, simultaneously provide environmental, social and economic benefits and help build resilience. Such solutions bring more, and more diverse, nature and natural features and processes into cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions’. Therefore, nature-based solutions benefit biodiversity and support the delivery of a range of ecosystem services (version of [adoption date]: https://ec.europa.eu/info/research-and-innovation/research-area/environment/nature-based-solutions_en/).

(20)  See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Green Infrastructure (GI) – Enhancing Europe’s Natural Capital, COM/2013/249 final.

(21)  Future scenarios include Intergovernmental Panel on Climate Change representative concentration pathways RCP2.6, RCP4.5, RCP6.0 and RCP8.5.

(22)  Assessments Reports on Climate Change: Impacts, Adaptation and Vulnerability, published periodically by the Intergovernmental Panel on Climate Change (IPCC), the United Nations body for assessing the science related to climate change produces, https://www.ipcc.ch/reports/.

(23)  Such as Copernicus services managed by the European Commission.

(24)  Nature-based solutions are defined as ‘solutions that are inspired and supported by nature, which are cost-effective, simultaneously provide environmental, social and economic benefits and help build resilience. Such solutions bring more, and more diverse, nature and natural features and processes into cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions’. Therefore, nature-based solutions benefit biodiversity and support the delivery of a range of ecosystem services (version of [adoption date]: https://ec.europa.eu/info/research-and-innovation/research-area/environment/nature-based-solutions_en/).

(25)  See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Green Infrastructure (GI) – Enhancing Europe’s Natural Capital, COM/2013/249 final.

(26)  Future scenarios include Intergovernmental Panel on Climate Change representative concentration pathways RCP2.6, RCP4.5, RCP6.0 and RCP8.5.

(27)  Assessments Reports on Climate Change: Impacts, Adaptation and Vulnerability, published periodically by the Intergovernmental Panel on Climate Change (IPCC), the United Nations body for assessing the science related to climate change produces, https://www.ipcc.ch/reports/.

(28)  Such as Copernicus services managed by the European Commission.

(29)  Nature-based solutions are defined as ‘solutions that are inspired and supported by nature, which are cost-effective, simultaneously provide environmental, social and economic benefits and help build resilience. Such solutions bring more, and more diverse, nature and natural features and processes into cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions’. Therefore, nature-based solutions benefit biodiversity and support the delivery of a range of ecosystem services (version of [adoption date]: https://ec.europa.eu/info/research-and-innovation/research-area/environment/nature-based-solutions_en/).

(30)  See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Green Infrastructure (GI) – Enhancing Europe’s Natural Capital, COM/2013/249 final.


ANNEX III

‘ANNEX XII

Standard templates for the disclosure referred to in Article 8(6) and (7)

The information referred to in Article 8(6) and (7) shall be presented as follows, for each applicable key performance indicator (KPI).

Template 1 Nuclear and fossil gas related activities

Row

Nuclear energy related activities

1.

The undertaking carries out, funds or has exposures to research, development, demonstration and deployment of innovative electricity generation facilities that produce energy from nuclear processes with minimal waste from the fuel cycle.

YES/NO

2.

The undertaking carries out, funds or has exposures to construction and safe operation of new nuclear installations to produce electricity or process heat, including for the purposes of district heating or industrial processes such as hydrogen production, as well as their safety upgrades, using best available technologies.

YES/NO

3.

The undertaking carries out, funds or has exposures to safe operation of existing nuclear installations that produce electricity or process heat, including for the purposes of district heating or industrial processes such as hydrogen production from nuclear energy, as well as their safety upgrades.

YES/NO

 

Fossil gas related activities

4.

The undertaking carries out, funds or has exposures to construction or operation of electricity generation facilities that produce electricity using fossil gaseous fuels.

YES/NO

5.

The undertaking carries out, funds or has exposures to construction, refurbishment, and operation of combined heat/cool and power generation facilities using fossil gaseous fuels.

YES/NO

6.

The undertaking carries out, funds or has exposures to construction, refurbishment and operation of heat generation facilities that produce heat/cool using fossil gaseous fuels.

YES/NO

Template 2 Taxonomy-aligned economic activities (denominator)

Row

Economic activities

Amount and proportion (the information is to be presented in monetary amounts and as percentages)

CCM + CCA

Climate change mitigation (CCM)

Climate change adaptation (CCA)

Amount

%

Amount

%

Amount

%

1.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.26 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

2.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.27 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

3.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.28 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

4.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.29 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

5.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.30 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

6.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.31 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

7.

Amount and proportion of other taxonomy-aligned economic activities not referred to in rows 1 to 6 above in the denominator of the applicable KPI

 

 

 

8.

Total applicable KPI

 

 

 

Template 3 Taxonomy-aligned economic activities (numerator)

Row

Economic activities

Amount and proportion (the information is to be presented in monetary amounts and as percentages)

(CCM+CCA)

Climate change mitigation

Climate change adaptation

Amount

%

Amount

%

Amount

%

1.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.26 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI

 

 

 

2.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.27 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI

 

 

 

3.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.28 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI

 

 

 

4.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.29 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI

 

 

 

5.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.30 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI

 

 

 

6.

Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.31 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI

 

 

 

7.

Amount and proportion of other taxonomy-aligned economic activities not referred to in rows 1 to 6 above in the numerator of the applicable KPI

 

 

 

8.

Total amount and proportion of taxonomy-aligned economic activities in the numerator of the applicable KPI

 

100  %

 

 

Template 4 Taxonomy-eligible but not taxonomy-aligned economic activities

Row

Economic activities

Proportion (the information is to be presented in monetary amounts and as percentages)

(CCM+CCA)

Climate change mitigation

Climate change adaptation

Amount

%

Amount

%

Amount

%

1.

Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.26 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

2.

Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.27 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

3.

Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.28 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

4.

Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.29 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

5.

Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.30 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

6.

Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.31 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

 

7.

Amount and proportion of other taxonomy-eligible but not taxonomy-aligned economic activities not referred to in rows 1 to 6 above in the denominator of the applicable KPI

 

 

 

8.

Total amount and proportion of taxonomy eligible but not taxonomy-aligned economic activities in the denominator of the applicable KPI

 

 

 

Template 5 Taxonomy non-eligible economic activities

Row

Economic activities

Amount

Percentage

1.

Amount and proportion of economic activity referred to in row 1 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.26 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

2.

Amount and proportion of economic activity referred to in row 2 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.27 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

3.

Amount and proportion of economic activity referred to in row 3 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.28 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

4.

Amount and proportion of economic activity referred to in row 4 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.29 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

5.

Amount and proportion of economic activity referred to in row 5 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.30 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

6.

Amount and proportion of economic activity referred to in row 6 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.31 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI

 

 

7.

Amount and proportion of other taxonomy-non-eligible economic activities not referred to in rows 1 to 6 above in the denominator of the applicable KPI

 

 

8.

Total amount and proportion of taxonomy-non-eligible economic activities in the denominator of the applicable KPI

 

 


15.7.2022   

EN

Official Journal of the European Union

L 188/46


COMMISSION REGULATION (EU) 2022/1215

of 7 July 2022

establishing a fisheries closure for Greenland halibut in Norwegian waters of 1 and 2 for vessels flying the flag of a Member State of the European Union

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

(1)

Council Regulation (EU) 2022/109 (2) lays down quotas for 2022.

(2)

According to the information received by the Commission, catches of the stock of Greenland halibut in Norwegian waters of 1 and 2 by vessels flying the flag of or registered in a Member State of the European Union have exhausted the quota allocated for 2022.

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated for 2022 to Member States of the European Union for the stock of Greenland halibut in Norwegian waters of 1 and 2 referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in Article 1 by vessels flying the flag of or registered in a Member State of the European Union shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

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, 7 July 2022.

For the Commission,

On behalf of the President,

Virginijus SINKEVIČIUS

Member of the Commission


(1)  OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2022/109 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain non-Union waters (OJ L 21, 31.1.2022, p. 1).


ANNEX

No

03/TQ109

Member State

European Union (All Member States)

Stock

GHL/1N2AB.

Species

Greenland halibut (Reinhardtius hippoglossoides)

Zone

Norwegian waters of 1 and 2

Closing date

20 June 2022


15.7.2022   

EN

Official Journal of the European Union

L 188/49


COMMISSION IMPLEMENTING REGULATION (EU) 2022/1216

of 8 July 2022

derogating in respect of the year 2022 from Implementing Regulations (EU) No 809/2014, (EU) No 180/2014, (EU) No 181/2014, (EU) 2017/892, (EU) 2016/1150, (EU) 2018/274, (EU) No 615/2014 and (EU) 2015/1368 as regards certain administrative and on-the-spot checks applicable within the common agricultural policy and amending Implementing Regulation (EU) 2021/725

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 62(2) thereof,

Having regard to Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (2), and in particular Article 8 and Article 18(1), second subparagraph, thereof,

Having regard to Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (3), and in particular Article 7, Article 11(3) and Article 14(1), second subparagraph, thereof,

Whereas:

(1)

Due to the pandemic of COVID-19 and the measures put in place by the Member States to address it, administrative difficulties have been encountered in all Member States with the planning and execution of timely on-the-spot checks to the required number. Those difficulties risk delaying the performance of checks and the ensuing payment of aid. At the same time, farmers are vulnerable to the economic disruptions caused by the pandemic and experience financial difficulties and cash-flow problems.

(2)

In view of the unprecedented nature of those circumstances, the Commission adopted Commission Implementing Regulations (EU) 2020/532 (4) and (EU) 2021/725 (5) to alleviate those difficulties by derogating from different Implementing Regulations applicable in the area of the common agricultural policy as regards certain administrative and on-the-spot checks in terms of their timing and number. Considering the prolongation of the difficulties due to continuation of the pandemic of COVID-19 in 2022, it is appropriate to provide for similar measures also in year 2022.

(3)

Commission Implementing Regulation (EU) No 809/2014 (6) lays down rules on, inter alia, the timing of the on-the-spot checks and the control rates of certain on-the-spot checks within the integrated system, including for animal aid schemes. In addition, that Regulation contains rules on on-the-spot checks relating to the eligibility criteria, commitments and other obligations in respect of livestock aid applications and payment claims under animal-related support measures, control rates for non-area-related and non-animal-related rural development measures and minimum control rates relating to cross-compliance.

(4)

Articles 24(4), 48(5), 49(1), 52(1), 60(2) and 71(3) of Implementing Regulation (EU) No 809/2014 lay down certain rules that the competent authority is to observe to carry out administrative or on-the-spot checks. In view of the circumstances caused by the pandemic of COVID-19, it is appropriate to encourage the performance of these checks with remote sensing and the use of new technologies such as unmanned aircraft systems, geotagged photos, global navigation satellite system (GNSS) receivers combined with the European Geostationary Navigation Overlay Service (EGNOS) and Galileo, data captured by the Copernicus Sentinels satellites and other relevant documentary evidence to be used for checking compliance with eligibility criteria, commitments or other obligations for the aid scheme or support measure concerned, as well as compliance with the requirements and standards relevant for cross-compliance.

(5)

Articles 26(4) and 42(1) of Implementing Regulation (EU) No 809/2014 contain rules on on-the-spot checks to verify that all eligibility criteria, commitments and other obligations are fulfilled and cover all animals for which aid applications or payment claims have been submitted under the animal aid schemes or animal-related support measures to be checked. In view of the current situation, it is appropriate to provide that where Member States are not in a position to carry out those on-the-spot checks as required by those provisions and the alternative evidence is not available, Member States may decide to carry those checks in respect of claim year 2022 or calendar year 2022 at any time of the year, in so far that they still allow the checking of the eligibility conditions.

(6)

Several obligations pursuant to Regulation (EU) No 1306/2013 in relation to cross-compliance and Regulation (EU) No 1307/2013 of the European Parliament and of the Council (7) in relation to animal-related aid schemes and support measures rely on specific and differentiated time frames for their fulfilment and consequently require the on-the-spot checks to be carried out within those frameworks. The measures Member States put in place to address the pandemic of COVID-19 affect the feasibility of performing the required on-the-spot-checks accurately and within the time limit corresponding to those obligations. Some types of checks may also not be possible to be carried out with the use of new technologies, replacing the visits on the farm. It is therefore necessary, in relation to certain checks to be carried out in 2022, to derogate from Articles 30 to 33, 40a, 50, 52 and Article 68(1) of Implementing Regulation (EU) No 809/2014 and to reduce the minimum rate of the on-the-spot checks compared to the normal control rates for area and animal-related aid schemes and support measures, rural development measures other than those under the integrated administration and control system and cross-compliance obligations, respectively.

(7)

In order to maintain the preventive effect of checks, the obligation provided for under Article 35 and Articles 50(5) and 68(4) of Implementing Regulation (EU) No 809/2014 to increase the control rates due to significant non-compliances detected during the checks carried out the previous year needs to be maintained for claim year 2022. Significant non-compliances found during the on-the-spot checks in 2021 should require an increase in the level of the on-the-spot checks for year 2022. Therefore, Member States which, by application of Article 35 or Articles 50(5) or 68(4) of that Regulation, are under an obligation to increase the control rate in claim year 2022 and decide to apply the reduced control rates provided for in this Regulation, should apply those increases on top of the reduced control rates provided for in this Regulation.

(8)

Commission Implementing Regulations (EU) No 180/2014 (8) and (EU) No 181/2014 (9) provide for control rates for checks of specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands. Due to the measures put in place to address the pandemic of COVID-19 that affect as well the outermost regions of the Union and the smaller Aegean islands, it is appropriate to derogate from those Regulations by extending the possibility to use new technologies as alternative sources of evidence in relation to checks and adapting control rates of on-the-spot checks for the year 2022. Nevertheless, in order to maintain the preventive effect of checks under Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014, the obligation to increase the control rate in accordance with Article 59(5) of Regulation (EU) No 1306/2013 should be maintained. Therefore, Member States which, by application of Article 59(5) of Regulation (EU) No 1306/2013, are under an obligation to increase the control rate in claim year 2022 and decide to the reduced control rates provided for in this Regulation, should apply those increases on top of those reduced control rates.

(9)

Article 24 of Commission Implementing Regulation (EU) 2017/892 (10) provides that Member States are to check, including on-the-spot, the recognition criteria of producer organisations or associations of producer organisations in the fruit and vegetables sector. Due to the measures put in place to address the pandemic of COVID-19, on-the-spot-checks regarding recognition criteria should not apply in the year 2022.

(10)

Article 27(2) of Implementing Regulation (EU) 2017/892 fixes the sample for annual on-the-spot checks at least 30 % of the total aid applied for. Due to the measures put in place to address the pandemic of COVID-19, Member States may not be able to meet these requirements and should therefore be allowed to carry out a lower percentage of those checks in the year 2022.

(11)

Article 27(7) of Implementing Regulation (EU) 2017/892 provides that actions implemented on individual holdings of members of producer organisations covered by the sample referred to in Article 27(2) of that Regulation are to be subject of at least one visit to verify their execution. Due to the measures put in place to address the pandemic of COVID-19, Member States may not be able to meet these requirements and should therefore not be subjected in the year 2022 to the requirements on frequency of visits on individual holdings of producer organisations.

(12)

Article 29(2) of Implementing Regulation (EU) 2017/892 provides that the first-level checks on withdrawal operations is to cover 100 % of the quantity of the products withdrawn from the market, with the exception of products intended for free distribution, for which pursuant to Article 29(3) of that Regulation Member States could check a smaller percentage, but not less than 10 % of the quantities concerned during the marketing year of any given producer organisation. Due to the measures put in place to address the pandemic of COVID-19, Member States may not be able to meet this requirement and should be allowed in the year 2022 to check a smaller percentage, but not less than 10 % of the quantities concerned during the marketing year of any given producer organisation also for all other withdrawn products, irrespective of their intended destination.

(13)

Article 30(3) of Implementing Regulation (EU) 2017/892 provides that each check is to include a sample representing at least 5 % of the quantities withdrawn by the producer organisation during the marketing year. Due to the measures put in place to address the pandemic of COVID-19, Member States may not be able to meet this requirement and should be allowed in the year 2022 to use samples representing at least 3 % of the quantities withdrawn by the producer organisation during the marketing year 2020.

(14)

Due to the measures put in place to address the pandemic of COVID-19, it will continue to be materially difficult for Member States to carry out in 2022 on-the-spot checks for annual aid applications, first and second level checks on withdrawal operations and checks on green harvesting and non-harvesting as set out in Articles 27(2) and (7), 29(2), 30(3) and 31(1) and (2) of Implementing Regulation (EU) 2017/892 respectively. Therefore, it should be allowed for Member States to define checks that are equivalent to on-the-spot checks, such as geotagged photos, dated photographs, dated drone surveillance reports, administrative checks or videoconferences with the beneficiaries.

(15)

Due to the measures put in place to address the pandemic of COVID-19, it will continue to be materially difficult for Member States to carry out in 2022 systematic and sample-based on-the-spot checks for operations supported under Articles 45 to 52 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (11). Therefore, a derogation from Articles 32(1) and 42(3) of Commission Implementing Regulation (EU) 2016/1150 (12), as already introduced for financial years 2020 and 2021, should be provided for also in respect of financial year 2022 to allow Member States to define controls that are equivalent to systematic on-the-spot checks, such as dated photographs, dated drone surveillance reports, administrative checks or videoconferences with the beneficiaries, and guarantee that the rules of the legislation relating to the support programmes in the wine sector are respected before payments are made.

(16)

It is also going to be materially difficult for Member States to carry out in respect of financial year 2022, within the deadline set by Article 43(3) of Implementing Regulation (EU) 2016/1150, systematic on-the-spot checks for green harvesting operations supported under Article 47 of Regulation (EU) No 1308/2013. Therefore, a derogation should be introduced to postpone the completion of the checks until 15 September 2022.

(17)

Article 27(3) of Commission Implementing Regulation (EU) 2018/274 (13) fixes the number of samples of fresh grapes to be taken from vineyards during the period when the plot in question is harvested for the establishment of the analytical databank of isotopic data referred to in Article 39 of Commission Delegated Regulation (EU) 2018/273 (14). In cases where the measures put in place to address the pandemic of COVID-19 continue to prevent Member States from carrying out such checks, Member States should be allowed to derogate from the minimum number of samples.

(18)

Article 31(2), point (b), of Implementing Regulation (EU) 2018/274 provides that Member States are to carry out yearly on-the-spot checks on at least 5 % of all wine growers identified in the vineyard register. As the measures put in place to address the pandemic of COVID-19 continue to render materially difficult the carrying out such checks in several wine producing Member States, this percentage should be reduced for the year 2022. For the same reason, Member States should be allowed to temporarily suspend in the year 2022 the systematic on-the-spot checks referred to in Article 31(2), point (c), of that Regulation which are to be carried out in areas planted with vines which are not included in any wine grower file.

(19)

Commission Implementing Regulation (EU) No 615/2014 (15) with regard to work programmes to support the olive oil and table olives sectors contains rules on on-the-spot checks to verify that the conditions for granting Union financing are met. The measures put in place to address the pandemic of COVID-19 may lead to difficulties in carrying out those checks as required by Article 6 of that Regulation. It is therefore appropriate to provide flexibility to the Member States by allowing the substitution of on-the-spot checks in calendar year 2022 by alternative checks.

(20)

Commission Implementing Regulation (EU) 2015/1368 (16) with regard to aid in the apiculture sector contains rules on the monitoring and checks in relation to the correct implementation of the national apiculture programmes, the actual expenditure incurred and the correct number of beehives reported by beekeepers. According to Article 8(3) of that Regulation, Member States are to ensure that at least 5 % of the applicants for aid within the framework of their apiculture programmes are subject to on-the-spot checks. The measures put in place to address the pandemic of COVID-19 may lead to difficulties in carrying out the number of on-the-spot checks needed to fulfil that threshold. It is therefore appropriate to provide flexibility to the Member States by allowing for a derogation from that requirement. Such derogation should however not result in an increase of the risk for undue payments. Therefore, any lowering of the number of on-the-spot checks should be replaced as much as possible by alternative controls.

(21)

Due to the previous flexibility options that have been offered to Member States in the last two years on the increase of the control rates, it is important to restore the original rule which has a significant deterrent effect and to clarify the year that should be taken into account for determining the increase in the control rate in accordance with Article 35 and Articles 50(5) and 68(4) of Implementing Regulation (EU) No 809/2014 and Article 59(5) of Regulation (EU) No 1306/2013. In view of possible changes implemented by the Member States in their control procedures following the detection of non-compliances, applying corrective mechanisms referring to non-compliances revealed during the controls relating to claim year 2019 is not considered appropriate and the most recent year should be taken into account. Therefore, it is necessary to amend Articles 3, 5 and 6 of Implementing Regulation (EU) 2021/725.

(22)

The derogations from Implementing Regulations (EU) No 809/2014, (EU) No 180/2014, (EU) No 181/2014, (EU) 2017/892, (EU) 2016/1150, (EU) 2018/274, (EU) No 615/2014 and (EU) 2015/1368 provided for in this Regulation should enable Member States to avoid delays in the control measures and processing of aid applications, and thus avoid delays of payments to beneficiaries for the year 2022. It is however imperative that those derogations do not impede the sound financial management and the requirement of a sufficient level of assurance. Accordingly, Member States making use of those derogations are responsible for taking all necessary measures to ensure that overpayments are avoided and that the recovery of undue amounts is instigated. Moreover, the use of these derogations should be covered by the management declaration referred to in Article 7(3), first subparagraph, point (b), of Regulation (EU) No 1306/2013 for financial years 2022 and 2023.

(23)

In order to ensure the smooth implementation of the measures provided for in this Regulation which are necessary for Member States to organise control campaigns while respecting the measures put in place to address the pandemic of the COVID-19, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union and apply retroactively in order to enable Member States to implement the envisaged modifications from the beginning of the respective control campaigns: the measures in Chapters I and II and Chapter III, Sections 3 and 4, should apply from 1 January 2022, corresponding to claim year in the integrated administration and control system or to calendar year for non-area and non-animal related rural development support measures and measures in the wine sector; the measures in Chapter III, Sections 1 and 2, should apply from 16 October 2021, corresponding to the financial year and the measures in Chapter III, Section 5, should apply from 1 August 2021, corresponding to the apiculture year.

(24)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds, the Committee for Direct Payments, the Rural Development Committee and the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

CHAPTER I

DEROGATIONS FROM REGULATION (EU) NO 809/2014

Article 1

By way of derogation from Articles 24(4), 48(5), 49(1), 52(1), Article 60(2), third subparagraph, and Article 71(3) of Implementing Regulation (EU) No 809/2014, due to measures put in place to address the pandemic of COVID-19, for checks to be carried out in respect of claim year 2022 or calendar year 2022 respectively, Member States may decide to fully substitute the physical inspections to be carried out under that Regulation, in particular field visits and on-the-spot checks, by the use of photo-interpretation of satellite or aerial ortho-images or the use of new technologies such as geotagged photos or other relevant evidence including documentary evidence provided by the beneficiary at the request of the competent authority, which could permit definitive conclusions to be drawn to the satisfaction of the competent authority.

If the visits to the operation supported or the investment site referred to in Article 48(5) of Implementing Regulation (EU) No 809/2014 cannot be substituted by relevant documentary evidence, Member States shall carry out those visits after the final payment is effected.

Article 2

By way of derogation from Articles 26(4) and 42(1) of Implementing Regulation (EU) No 809/2014, where due to the measures put in place to address the pandemic of COVID-19 Member States are not in a position to carry out on-the-spot checks within the timeframe required by those provisions, and the alternative methods including use of new technologies cannot provide the necessary evidence, Member States may decide to carry those checks in respect of claim year 2022 or calendar year 2022 respectively at any time of the year, in so far that they still allow the checking of the eligibility conditions.

Article 3

1.   Where due to the measures put in place to address the pandemic of COVID-19, Member States are not in a position to carry out on-the-spot checks in claim year 2022 or calendar year 2022 respectively, in accordance with the requirements set out in Articles 30 to 33, Article 40a(1), first subparagraph, point (c), Article 40a(2), point (b), Article 50(1), first subparagraph, Article 52(2), Article 60(2), third subparagraph, and Article 68(1), first subparagraph, of Implementing Regulation (EU) No 809/2014, Member States may decide to apply the rules set out in paragraphs 2 to 10 respectively of this Article.

2.   By way of derogation from Article 30 of Implementing Regulation (EU) No 809/2014, in claim year 2022, the control rate shall be at least:

(a)

3 % of all beneficiaries applying for the basic payment scheme or the single area payment scheme;

(b)

3 % of all beneficiaries applying for the redistributive payment;

(c)

3 % of all beneficiaries applying for the payment for areas with natural constraints;

(d)

3 % of all beneficiaries applying for the payment for young farmers;

(e)

3 % of all beneficiaries applying for area-related payments under voluntary coupled support;

(f)

3 % of all beneficiaries applying for the payment under the small farmers scheme;

(g)

10 % of the areas declared for the production of hemp;

(h)

3 % of all beneficiaries applying for the crop specific payment for cotton.

Member States that have already decided to reduce the control rates for certain schemes to 3 % in accordance with Article 36 of Implementing Regulation (EU) No 809/2014, may further reduce the percentages set out for those schemes in this paragraph to 1 %. Member States having introduced a system of prior approval for the cultivation of hemp in accordance with Article 36(6) of that Regulation shall not further reduce the control rate below the 10 %.

3.   By way of derogation from Article 31 of Implementing Regulation (EU) No 809/2014, in claim year 2022, the control rate shall be at least:

(a)

3 % of all beneficiaries required to observe the agricultural practices beneficial for the climate and the environment;

(b)

1 % of:

(i)

either all beneficiaries qualifying for the greening payment who are exempted from both the crop diversification and the ecological focus area obligations by not meeting the thresholds referred to in Articles 44 and 46 of Regulation (EU) No 1307/2013 and who are not concerned by the obligations referred to in Article 45 of that Regulation;

(ii)

or in the years where Article 44 of Commission Delegated Regulation (EU) No 639/2014 (17) does not apply in a Member State, the beneficiaries qualifying for the greening payment who are exempted from both the crop diversification and the ecological focus area obligations by not meeting the thresholds referred to in Articles 44 and 46 of Regulation (EU) No 1307/2013 and who are not concerned by the obligation referred to in Article 45(1) of that Regulation;

(c)

3 % of all beneficiaries required to observe the greening practices and using national or regional environmental certification schemes as referred to in Article 43(3), point (b), of Regulation (EU) No 1307/2013.

The control rate referred to in the first subparagraph, point (a), shall, at the same time, cover at least 3 % of all beneficiaries having areas covered with permanent grasslands that are environmentally sensitive in areas covered by Council Directive 92/43/EEC (18) or Directive 2009/147/EC of the European Parliament and of the Council (19) and further sensitive areas referred to in Article 45(1) of Regulation (EU) No 1307/2013.

4.   By way of derogation from Article 32 of Implementing Regulation (EU) No 809/2014, in claim year 2022, the control rate shall be at least:

(a)

3 % of all beneficiaries applying for rural development measures;

(b)

3 % of all collectives submitting a collective claim.

The control rate referred to in the first subparagraph, point (a), for the measures provided for in Articles 28 and 29 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council (20), the control rate of 3 % shall be achieved at the level of the individual measure.

5.   By way of derogation from Article 33 of Implementing Regulation (EU) No 809/2014, in claim year 2022, the control rate shall be at least 3 % of all beneficiaries applying for animal aid schemes covering at least 3 % of animals.

6.   By way of derogation from Article 40a(1), first subparagraph, point (c), first sentence, of Implementing Regulation (EU) No 809/2014, the relevant checks relating to the eligibility criteria, commitments and other obligations shall be carried out for at least 3 % of the beneficiaries concerned.

7.   By way of derogation from Article 40a(2), point (b), of Implementing Regulation (EU) No 809/2014, the verifications of tetrahydrocannabinol content in hemp shall be made for at least 10 % of the area.

8.   By way of derogation from Article 50(1), first subparagraph, and Article 60(2), third subparagraph, of Implementing Regulation (EU) No 809/2014, in calendar year 2022, the rate of checks shall be at least 3 %.

9.   By way of derogation from Article 52(2) of Implementing Regulation (EU) No 809/2014, the control rate, in calendar year 2022, for ex post checks shall be at least 0,6 %.

10.   By way of derogation from Article 68(1), first subparagraph, of Implementing Regulation (EU) No 809/2014, the minimum control rate, in claim year 2022, for cross-compliance shall be 0,5 %.

CHAPTER II

DEROGATIONS FROM THE SPECIFIC MEASURES IN FAVOUR OF THE OUTERMOST REGIONS OF THE UNION AND THE SMALLER AEGEAN ISLANDS

SECTION 1

Derogations from Implementing Regulation (EU) No 180/2014

Article 4

1.   By way of derogation from Article 16(2) of Implementing Regulation (EU) No 180/2014, where due to the measures put in place to address the pandemic of COVID-19 Member States are not in a position to carry out physical checks in the outermost regions in accordance with the rules set out in that provision, in the year 2022 Member States may decide to organise physical checks in accordance with the rules set out in paragraph 2 of this Article.

2.   The physical checks carried out in the outermost region concerned on the import, entry, export and dispatch of agricultural products shall involve a representative sample amounting to at least 3 % of the licences and certificates presented in accordance with Article 9 of Implementing Regulation (EU) No 180/2014.

3.   By way of derogation from Article 22 of Implementing Regulation (EU) No 180/2014, where due to the measures put in place to address the pandemic of COVID-19 Member States are not in a position to carry out on-the-spot checks in the outermost regions in accordance with the rules set out in that Article, in the year 2022 Member States may decide to organise on-the-spot checks in accordance with the rules set out in paragraph 4 of this Article.

4.   On the basis of a risk analysis carried out in accordance with Article 24(1) of Implementing Regulation (EU) No 180/2014, the competent authorities shall perform on-the-spot checks by sampling at least 3 % of aid applications. The sample shall also represent at least 3 % of the amounts covered by the aid for each action.

5.   By way of derogation from Article 16(2) and Article 22 of Implementing Regulation (EU) No 180/2014, where due to the measures put in place to address the pandemic of COVID-19 Member States are not in a position to carry out on-the- spot checks in respect of the specific measures in favour of the outermost regions in accordance with the rules set out in those provisions for the year 2022, Member States may decide:

(a)

to substitute on-the-spot checks by the use of new technologies, including geotagged photos, dated photographs, dated drone surveillance reports, videoconferences with the beneficiaries or any relevant documentary evidence that could serve as support when verifying the correct implementation of the measures;

(b)

to carry those checks at any time of the year, in so far that they still allow the checking of the eligibility conditions, including after the final payment is effected.

SECTION 2

Derogations from Implementing Regulation (EU) No 181/2014

Article 5

1.   By way of derogation from Article 13(2) of Implementing Regulation (EU) No 181/2014, where due to the measures put in place to address the pandemic of COVID-19 Greece is not in a position to carry out physical checks in accordance with the rules set out in that provision, in the year 2022 Greece may decide to organise physical checks in accordance with the rules set out in paragraph 2 of this Article.

2.   The physical checks carried out in the smaller Aegean islands on the entry of agricultural products shall involve a representative sample amounting to at least 3 % of the certificates presented in accordance with Article 7 of Implementing Regulation (EU) No 181/2014. The physical checks carried out in the smaller Aegean islands on the export or dispatch provided for in Section 3 of that Regulation shall involve a representative sample of at least 3 % of the operations, based on the risk profiles established by Greece.

3.   By way of derogation from Article 20 of Implementing Regulation (EU) No 181/2014, where due to the measures put in place to address the pandemic of COVID-19 Greece is not in a position to carry out on-the-spot checks in accordance with the rules set out in that Article, in the year 2022 Greece may decide to organise on-the-spot checks in accordance with the rules set out in paragraph 4 of this Article.

4.   On the basis of a risk analysis in accordance with Article 22(1) of Implementing Regulation (EU) No 181/2014, the competent authorities shall perform on-the-spot checks by sampling, for each action, at least 3 % of aid applications. The sample shall also represent at least 3 % of the amounts covered by the aid for each action.

5.   By way of derogation from Article 13(2) and Article 20 of Implementing Regulation (EU) No 181/2014, where due to the measures put in place to address the pandemic of COVID-19 Greece is not in a position to carry out on-the-spot checks in respect of the specific measures in favour of the smaller Aegean islands in accordance with the rules set out in those provisions for the year 2022, Greece may decide:

(a)

to substitute on-the-spot checks by the use of new technologies, including geotagged photos, dated photographs, dated drone surveillance reports, videoconferences with the beneficiaries or any relevant documentary evidence that could serve as support when verifying the correct implementation of the measures;

(b)

to carry those checks at any time of the year, in so far that they still allow the checking of the eligibility conditions, including after the final payment is effected.

CHAPTER III

DEROGATIONS FROM RULES IMPLEMENTING THE COMMON ORGANIZATION OF THE MARKETS

SECTION 1

Derogations from Implementing Regulation (EU) 2017/892

Article 6

1.   By way of derogation from Article 24 of Implementing Regulation (EU) 2017/892, on-the-spot-checks regarding recognition criteria shall not apply for the year 2022.

2.   By way of derogation from Article 27(2) of Implementing Regulation (EU) 2017/892, in the year 2022, the on-the-spot checks referred to in Article 27 of that Regulation shall relate to a sample representing at least 10 % of the total aid applied for the year 2021.

3.   By way of derogation from Article 27(7) of Implementing Regulation (EU) 2017/892, the rule that actions on individual holdings of members of producer organisations covered by the sample referred to in Article 27(2) of that Regulation shall be subject of at least one visit to the place where the action is implemented to verify its execution shall not apply for the on-the-spot-checks conducted in the year 2022.

4.   By way of derogation from Article 29(2) of Implementing Regulation (EU) 2017/892, in the year 2022, Member States may check for all withdrawn products, irrespective of their intended destination, a smaller percentage than that laid down in that provision, provided it is not less than 10 % of the quantities concerned during the marketing year of any given producer organisation.

5.   By way of derogation from Article 30(3) of Implementing Regulation (EU) 2017/892, in the year 2022, each check shall include a sample representing at least 3 % of the quantities withdrawn by the producer organisation during the marketing year 2021.

6.   By way of derogation from Articles 27(2) and (7), 29(2), 30(3) and 31(1) and (2) of Implementing Regulation (EU) 2017/892, in the year 2022, where the measures put in place to address the pandemic of COVID-19 prevent Member States from carrying out on-the-spot-checks in accordance with those provisions, the on-the-spot-checks may be replaced by other types of checks to be defined by Member States, such as geotagged photos, dated photographs, dated drone surveillance reports, administrative checks or videoconferences with the beneficiaries.

SECTION 2

Derogations from Implementing Regulation (EU) 2016/1150

Article 7

1.   By way of derogation from Articles 32(1) and 42(3) of Implementing Regulation (EU) 2016/1150, during the financial year 2022, where the measures put in place to address the pandemic of COVID-19 prevent Member States from carrying out on–the-spot checks in accordance with those provisions, such checks may be replaced by other types of controls to be defined by Member States, such as dated photographs, dated drone surveillance reports, administrative checks or videoconferences with the beneficiaries, guaranteeing that the rules relating to the support programmes in the wine sector are respected.

2.   By way of derogation from Article 43(3) of Implementing Regulation (EU) 2016/1150, during the financial year 2022, where the measures put in place to address the pandemic of COVID-19 prevent Member States from carrying out on–the-spot checks in accordance with that provision, such checks on green harvesting operations shall take place by 15 September 2022.

SECTION 3

Derogations from Implementing Regulation (EU) 2018/274

Article 8

1.   By way of derogation from Article 27(3) of Implementing Regulation (EU) 2018/274, where the measures put in place to address the pandemic of COVID-19 prevent Member States during the period of the grape harvest in the year 2022 from collecting and processing fresh grapes to the extent of the number of samples set out in Part II of Annex III to that Regulation, Member States may derogate from that number of samples.

2.   By way of derogation from Article 31(2), point (b), of Implementing Regulation (EU) 2018/274, where the measures put in place to address the pandemic of COVID-19 prevent Member States from carrying out on-the-spot checks in the year 2022 in accordance with that provision, Member States shall carry out such checks on at least 3 % of all wine growers identified in the vineyard register.

3.   By way of derogation from Article 31(2), point (c), of Implementing Regulation (EU) 2018/274, Member States may in the year 2022 temporarily suspend systematic on-the-spot checks carried out in areas planted with vines which are not included in any wine grower file, in cases where the measures put in place to address the pandemic of COVID-19 prevent Member States from carrying out such checks.

SECTION 4

Derogations from Implementing Regulation (EU) No 615/2014

Article 9

By way of derogation from Article 6 of Implementing Regulation (EU) No 615/2014, where the measures put in place to address the pandemic of COVID-19 prevent Member States to carry out in due time the on-the-spot checks in calendar year 2022, Member States may decide to partially or fully substitute on-the-spot checks by administrative checks or by the use of relevant evidence including geotagged photos, video conversations or other evidence in electronic format.

SECTION 5

Derogations from Implementing Regulation (EU) 2015/1368

Article 10

By way of derogation from Article 8(3) of Implementing Regulation (EU) 2015/1368, during apiculture year 2022 Member States may decide to deviate from the 5 % threshold regarding on-the-spot checks of applicants for aid within the framework of their apiculture programme provided that they replace the planned on-the-spot checks by alternative checks via requesting photographs, via video conversations or through any other means that could serve as support when verifying the correct implementation of the measures included in the apiculture programme.

CHAPTER IV

AMENDMENTS TO IMPLEMENTING REGULATION (EU) 2021/725

Article 11

Implementing Regulation (EU) 2021/725 is amended as follows:

(1)

Article 3 is amended as follows:

(a)

paragraph 6 is replaced by the following:

‘6.   By way of derogation from Article 35 of Implementing Regulation (EU) No 809/2014, Member States may decide not to apply the increase of the control rate that should have been applied in claim year 2021 for the aid schemes and support measures referred to in paragraphs 2 to 5 of this Article.’;

(b)

paragraph 10 is replaced by the following:

‘10.   By way of derogation from Article 50(5) of Implementing Regulation (EU) No 809/2014, Member States may decide not to apply the increase of the control rate that should have been applied in calendar year 2021 for the aid schemes and support measures referred to in paragraphs 2 to 5 of this Article.’;

(c)

paragraph 13 is replaced by the following:

‘13.   By way of derogation from Article 68(4) of Implementing Regulation (EU) No 809/2014, Member States may decide not to apply the increase in control rates that should have been applied in claim year 2021.’;

(2)

in Article 5, paragraph 6, is replaced by the following:

‘6.   By way of derogation from Article 59(5) of Regulation (EU) No 1306/2013, Member States may decide not to apply the increase of the control rate that should have been applied in claim year 2021 for the aid schemes and support measures referred to in paragraphs 1 to 5 of this Article.’;

(3)

in Article 6, paragraph 6 is replaced by the following:

‘6.   By way of derogation from Article 59(5) of Regulation (EU) No 1306/2013, Greece may decide not to apply the increase of the control rate that should have been applied in claim year 2021 for the aid schemes and support measures referred to in paragraphs 1 to 5 of this Article.’.

CHAPTER V

GENERAL PROVISIONS

Article 12

For Member States applying the provisions under Chapters I, II and III, the management declaration to be drawn up pursuant to Article 7(3), first subparagraph, point (b), of Regulation (EU) No 1306/2013 shall include for financial years 2022 and 2023 a confirmation that overpayments to beneficiaries were prevented and the recovery of undue amounts has been instigated based on the verification of all necessary information.

CHAPTER VI

FINAL PROVISIONS

Article 13

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

Chapters I and II, Chapter III, Sections 3 and 4, and Chapter IV shall apply from 1 January 2022.

Chapter III, Sections 1 and 2, shall apply from 16 October 2021.

Chapter III, Section 5, shall apply from 1 August 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 July 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 347, 20.12.2013, p. 549.

(2)  OJ L 78, 20.3.2013, p. 23.

(3)  OJ L 78, 20.3.2013, p. 41.

(4)  Commission Implementing Regulation (EU) 2020/532 of 16 April 2020 derogating in respect of the year 2020 from Implementing Regulations (EU) No 809/2014, (EU) No 180/2014, (EU) No 181/2014, (EU) 2017/892, (EU) 2016/1150, (EU) 2018/274, (EU) 2017/39, (EU) 2015/1368 and (EU) 2016/1240 as regards certain administrative and on-the-spot checks applicable within the common agricultural policy (OJ L 119, 17.4.2020, p. 3).

(5)  Commission Implementing Regulation (EU) 2021/725 of 4 May 2021 derogating in respect of the year 2021 from Implementing Regulations (EU) No 809/2014, (EU) No 180/2014, (EU) No 181/2014, (EU) 2017/892, (EU) 2016/1150, (EU) 2018/274, (EU) No 615/2014 and (EU) 2015/1368 as regards certain administrative and on-the-spot checks applicable within the common agricultural policy (OJ L 155, 5.5.2021, p. 8).

(6)  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).

(7)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

(8)  Commission Implementing Regulation (EU) No 180/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 228/2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (OJ L 63, 4.3.2014, p. 13).

(9)  Commission Implementing Regulation (EU) No 181/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 229/2013 of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands (OJ L 63, 4.3.2014, p. 53).

(10)  Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors (OJ L 138, 25.5.2017, p. 57).

(11)  Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

(12)  Commission Implementing Regulation (EU) 2016/1150 of 15 April 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector (OJ L 190, 15.7.2016, p. 23).

(13)  Commission Implementing Regulation (EU) 2018/274 of 11 December 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks, and repealing Commission Implementing Regulation (EU) 2015/561 (OJ L 58, 28.2.2018, p. 60).

(14)  Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1).

(15)  Commission Implementing Regulation (EU) No 615/2014 of 6 June 2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council and Regulation (EU) No 1308/2013 of the European Parliament and of the Council in respect of work programmes to support the olive oil and table olives sectors (OJ L 168, 7.6.2014, p. 95).

(16)  Commission Implementing Regulation (EU) 2015/1368 of 6 August 2015 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to aid in the apiculture sector (OJ L 211, 8.8.2015, p. 9).

(17)  Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex X to that Regulation (OJ L 181, 20.6.2014, p. 1).

(18)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

(19)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

(20)  Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).


15.7.2022   

EN

Official Journal of the European Union

L 188/62


COMMISSION IMPLEMENTING REGULATION (EU) 2022/1217

of 14 July 2022

amending Implementing Regulation (EU) No 185/2013 as regards deductions from fishing quotas allocated to Spain for 2021, 2022 and 2023

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(4) thereof,

Whereas:

(1)

In 2013 the Commission adopted Implementing Regulation (EU) No 185/2013 (2) providing for deductions from the mackerel quota allocated to Spain in 2013 in ICES division 8c, ICES subareas 9 and 10 and Union waters of CECAF 34.1.1 and from the anchovy quota in ICES subarea 8 on account of overfishing of the mackerel quota in 2009.

(2)

Spain did not fish 3 400 tonnes of the relevant mackerel quota in 2021, thus exercising a lower fishing pressure on that stock compared to the maximum quantity allowed by the fishing opportunities allocated for that year. Spain has requested that those unfished quantities be taken into account for deductions for 2021 and to decrease the deductions provided by Implementing Regulation (EU) No 185/2013 for the years 2022 and 2023 accordingly. The quantities for deductions for 2021, 2022 and for 2023 established in Implementing Regulation (EU) No 185/2013 should therefore be adapted accordingly.

(3)

Implementing Regulation (EU) No 185/2013 should therefore be amended accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Implementing Regulation (EU) No 185/2013 is replaced by 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, 14 July 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 343, 22.12.2009, p. 1.

(2)  Commission Implementing Regulation (EU) No 185/2013 of 5 March 2013 providing for deductions from certain fishing quotas allocated to Spain in 2013 and subsequent years on account of overfishing of a certain mackerel quota in 2009 (OJ L 62, 6.3.2013, p. 1).


ANNEX

Stock

Initial quota 2009

Adapted quota 2009

Established catches 2009

Difference quota-catches (over-fishing)

Deduction 2013

Deduction 2014

Deduction 2015

Deduction 2016

Deduction 2017

Deduction 2018

Deduction 2019

Deduction 2020

Deduction 2021

Deduction 2022

Deduction 2023

MAC8C 3411

29 529

25 525

90 954

-65 429

100

100

100

5 544

6 283

4 805

7 762

3 328

8 944

2 411

0

ANE08 (1)

 

 

 

 

 

 

 

3 696

4 539

2 853

3 696

3 696

3 696

3 696

180


(1)  For anchovy, the year should be understood as the fishing season starting in that year.


15.7.2022   

EN

Official Journal of the European Union

L 188/65


COMMISSION IMPLEMENTING REGULATION (EU) 2022/1218

of 14 July 2022

amending certain Annexes to Implementing Regulation (EU) 2021/620 as regards the approval of the disease-free status of certain Member States or zones thereof as regards certain listed diseases and the approval of eradication programmes for 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) and 36(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 and it also lists the existing approved eradication programmes. The changing epidemiological situation of certain diseases makes it necessary to list new disease-free Member States or zones thereof and to approve certain eradication programmes submitted to the Commission.

(4)

For infection with Brucella abortus, B. melitensis and B. suis, infection with Mycobacterium tuberculosis complex (Mycobacterium bovis, M. caprae and M. tuberculosis) (MTBC), enzootic bovine leukosis (EBL), infection with bovine viral diarrhoea (BVD), and infection with bluetongue virus (serotypes 1-24) (BTV), several Member States have recently applied to the Commission to have disease-free status or eradication programmes approved for the whole or for part of their territory.

(5)

For infection with Brucella abortus, B. melitensis and B. suis in bovine animals, Italy has submitted to the Commission information demonstrating that the conditions for the recognition of disease-free status laid down in Delegated Regulation (EU) 2020/689 are fulfilled in the Province of Vibo Valentia in the Region of Calabria and in the Province of Teramo in the Region of Abruzzo. Therefore, those zones should be listed as free from infection with Brucella abortus, B. melitensis and B. suis in bovine animals in Part I, Chapter 1, of Annex I to Implementing Regulation (EU) 2021/620.

(6)

For infection with Brucella abortus, B. melitensis and B. suis in ovine and caprine animals, Italy has submitted to the Commission information demonstrating that the conditions for the recognition of disease-free status laid down in Delegated Regulation (EU) 2020/689 are fulfilled in the Province of Lecce in the Region of Puglia. Therefore, that zone should be listed as free from infection with Brucella abortus, B. melitensis and B. suis in ovine and caprine animals in Part I, Chapter 2, of Annex I to Implementing Regulation (EU) 2021/620.

(7)

For infection with MTBC, Italy 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 Provinces of Aquila, Chieti and Teramo in the Region of Abruzzo, in the Province of Latina in the Region of Lazio, in the Provinces of Bari and Taranto in the Region of Puglia and in the Province of Nuoro in the Region of Sardinia. Therefore, those zones should be listed as free from infection with MTBC in Part I of Annex II to Implementing Regulation (EU) 2021/620.

(8)

For infection with EBL, Croatia has submitted to the Commission an application to have an eradication programme approved for its territory. Following the assessment by the Commission, that application has been shown to comply with the criteria laid down in Chapter 2 of Part II of Delegated Regulation (EU) 2020/689 for approval of eradication programmes for EBL. Therefore, this Member State should be listed accordingly in Part II of Annex IV to Implementing Regulation (EU) 2021/620, as having an approved eradication programme for EBL.

(9)

For infection with BVD, Denmark and Germany have submitted to the Commission information demonstrating that the conditions for recognition of the disease-free status from BVD laid down in Delegated Regulation (EU) 2020/689 are fulfilled on the whole territory of Denmark and in Landkreis Ravensburg, Erding, Weilheim-Schongau, Oberallgäu and Fulda in Germany, respectively. Therefore, that Member State and those zones should be listed accordingly in Part I of Annex VII to Implementing Regulation (EU) 2021/620, as having disease-free status from BVD.

(10)

For infection with BVD, Ireland has submitted to the Commission an application to have an eradication programme approved for its territory. 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 BVD. Therefore, this Member State should be listed accordingly in Part II of Annex VII to Implementing Regulation (EU) 2021/620, as having an approved eradication programme for BVD.

(11)

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 the whole territory of Baden-Württemberg, Hessen and Nordrhein-Westfalen. Following the assessment by the Commission, those applications have been shown to comply with the criteria laid down in Part II, Chapter 2, of Delegated Regulation (EU) 2020/689 for the granting of disease-free status for BTV. Therefore, those zones should be listed in Part I of Annex VIII to Implementing Regulation (EU) 2021/620, as having disease-free status from BTV.

(12)

Annexes I, II, IV, VII and VIII to Implementing Regulation (EU) 2021/620 should therefore be amended accordingly.

(13)

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 I, II, IV, VII and VIII 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, 14 July 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 84, 31.3.2016, p. 1.

(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 I, II, IV, VII and VIII to Implementing Regulation (EU) 2021/620 are amended as follows:

(1)

Annex I is amended as follows:

(a)

Part I is amended as follows:

(i)

in Chapter 1, the entry for Italy is replaced by the following:

Member State

Territory

‘Italy

Regione Abruzzo: Provincia di Pescara, Teramo

Regione Calabria: Provincia di Vibo Valentia

Regione Campania: Province di Avellino, Benevento, Napoli

Regione Emilia-Romagna

Regione Friuli Venezia Giulia

Regione Lazio

Regione Liguria

Regione Lombardia

Regione Marche

Regione Molise: Provincia di Campobasso

Regione Piemonte

Regione Puglia: Province di Bari, Barletta-Andria-Trani, Brindisi, Lecce

Regione Sardegna

Regione Toscana

Regione Trentino – Alto Adige

Regione Umbria

Regione Valle d’Aosta

Regione Veneto’

(ii)

Chapter 2 is replaced by the following:

CHAPTER 2

Member States or zones thereof with disease-free status from infection with Brucella abortus, B. melitensis and B. suis in ovine and caprine animal populations

Member State ((*))

Territory

Belgium

Whole territory

Czechia

Whole territory

Denmark

Whole territory

Germany

Whole territory

Estonia

Whole territory

Ireland

Whole territory

Spain

Whole territory

France

Région Auvergne et Rhône-Alpes

Région Bourgogne-Franche-Comté

Région Bretagne

Région Centre-Val de Loire

Région Corse

Région Grande Est

Région Hauts-de-France

Région Ile-de-France

Région Normandie

Région Nouvelle-Aquitaine

Région Occitanie

Région Pays de la Loire

Région Provence-Alpes-Côte d’Azur

Italy

Regione Abruzzo

Regione Calabria: Province di Catanzaro, Cosenza

Regione Campania: Provincia di Benevento

Regione Emilia-Romagna

Regione Friuli Venezia Giulia

Regione Lazio

Regione Liguria

Regione Lombardia

Regione Marche

Regione Molise

Regione Piemonte

Regione Puglia: Province di Bari, Barletta-Andria-Trani, Brindisi, Lecce, Taranto

Regione Sardegna

Regione Toscana

Regione Trentino – Alto Adige

Regione Umbria

Regione Valle d’Aosta

Regione Veneto

Cyprus

Whole territory

Latvia

Whole territory

Lithuania

Whole territory

Luxembourg

Whole territory

Hungary

Whole territory

Netherlands

Whole territory

Austria

Whole territory

Poland

Whole territory

Portugal

Região Autónoma dos Açores

Romania

Whole territory

Slovenia

Whole territory

Slovakia

Whole territory

Finland

Whole territory

Sweden

Whole territory

United Kingdom (Northern Ireland)

Northern Ireland

(b)

Part II is amended as follows:

(i)

in Chapter 1, the entry for Italy is replaced by the following:

Member State

Territory

‘Italy

Regione Abruzzo: Provincia dell’Aquila, di Chieti

Regione Basilicata

Regione Calabria: Provincia di Catanzaro, Cosenza, Crotone, Reggio Calabria

Regione Campania: Provincia di Caserta, Salerno

Regione Molise: Provincia di Isernia

Regione Puglia: Provincia di Foggia, Taranto

Regione Sicilia’

(ii)

in Chapter 2, the entry for Italy is replaced by the following:

Member State

Territory

‘Italy

Regione Basilicata

Regione Calabria: Provincia di Crotone, Reggio Calabria, Vibo Valentia

Regione Campania: Provincia di Caserta, Salerno, Avellino, Napoli

Regione Puglia: Provincia di Foggia

Regione Sicilia’

(2)

Annex II is amended as follows:

(a)

Part I is replaced by the following:

‘PART I

Member States or zones thereof with disease-free status from infection with MTBC

Member State

Territory

Belgium

Whole territory

Czechia

Whole territory

Denmark

Whole territory

Germany

Whole territory

Estonia

Whole territory

Spain

Comunidad Autónoma de Canarias

Comunidad Autónoma de Galicia

Comunidad Autónoma del País Vasco

Comunidad Autónoma del Principado de Asturias

France

Whole territory

Italy

Regione Abruzzo

Regione Basilicata: Provincia di Matera

Regione Emilia-Romagna

Regione Friuli Venezia Giulia

Regione Lazio: Provincia di Frosinone, Latina, Rieti, Viterbo

Regione Liguria

Regione Lombardia

Regione Marche: Provincia di Ancona, Ascoli Piceno, Fermo, Pesaro-Urbino

Regione Molise

Regione Piemonte

Regione Puglia: Provincia di Bari, Taranto

Regione Sardegna: Citta metropolitana di Cagliari, Provincia di Nuoro, Oristano, Sud Sardegna

Regione Toscana

Regione Trentino – Alto Adige

Regione Umbria

Regione Valle d’Aosta

Regione Veneto

Latvia

Whole territory

Lithuania

Whole territory

Luxembourg

Whole territory

Hungary

Whole territory

Netherlands

Whole territory

Austria

Whole territory

Poland

Whole territory

Portugal

Região Algarve: all distritos

Região Autónoma dos Açores except Ilha de São Miguel

Slovenia

Whole territory

Slovakia

Whole territory

Finland

Whole territory

Sweden

Whole territory’

(b)

Part II is replaced by the following:

‘PART II

Member States or zones thereof with an approved eradication programme for infection with MTBC

Member State ((*))

Territory

Bulgaria

Whole territory

Croatia

Whole territory

Cyprus

Whole territory

Greece

Whole territory

Ireland

Whole territory

Italy

Regione Basilicata: Provincia di Potenza

Regione Calabria

Regione Campania

Regione Lazio: Provincia di Roma

Regione Marche: Provincia di Macerata

Regione Puglia: Provincia di Barletta-Adria-Trani, Brindisi, Foggia, Lecce

Regione Sardegna: Provincia di Sassari

Regione Sicilia

Malta

Whole territory

Portugal

Região Autónoma dos Açores: Ilha de São Miguel

Região Autónoma da Madeira

Distritos Aveiro, Beja, Braga, Bragança, Castelo Branco, Coimbra, Evora, Guarda, Leiria, Lisboa, Portalegre, Porto, Santarem, Setubal, Viana do Castelo, Vila Real, Viseu

Romania

Whole territory

Spain

Comunidad Autónoma de Andalucía

Comunidad Autónoma de Aragón

Comunidad Autónoma de Islas Baleares

Comunidad Autónoma de Cantabria

Comunidad Autónoma de Castilla-La Mancha

Comunidad Autónoma de Castilla y León

Comunidad Autónoma de Cataluña

Comunidad Autónoma de Extremadura

Comunidad Autónoma de La Rioja

Comunidad Autónoma de Madrid

Comunidad Autónoma de Murcia

Comunidad Autónoma de Navarra,

Comunidad Autónoma de Valencia

United Kingdom (Northern Ireland)

Northern Ireland

(3)

in Annex IV, Part II is replaced by the following:

‘PART II

Member States or zones thereof with an approved eradication programme for EBL

Member State

Territory

Date of initial approval as referred to in Article 15(2) of Delegated Regulation (EU) 2020/689

Croatia

Whole territory

18 July 2022’

(4)

in Annex VII, Parts I and II are replaced by the following:

‘PART I

Member States or zones thereof with disease-free status from BVD

Member State

Territory

Austria

Whole territory

Denmark

Whole territory

Finland

Whole territory

Germany

Bundesland Baden-Württemberg

Bundesland Bayern:

The following cities and Landkreis in Regierungsbezirk Oberbayern: Ingolstadt, Stadt München, Stadt Rosenheim, Altötting, Berchtesgadener Land, Bad Tölz-Wolfratshausen, Ebersberg, Eichstätt, Erding, Freising, Fürstenfeldbruck, Garmisch-Partenkirchen, Landsberg am Lech, Miesbach, Mühldorf am Inn, Lkr. München, Neuburg-Schrobenhausen, Pfaffenhofen an der Ilm, Lkr. Rosenheim, Starnberg, Traunstein, Weilheim-Schongau

The following cities and Landkreis in Regierungsbezirk Niederbayern: Stadt Landshut, Stadt Passau, Stadt Straubing, Freyung-Grafenau, Kelheim, Lkr. Landshut, Lkr. Passau, Regen, Rottal-Inn

The following cities and Landkreis in Regierungsbezirk Oberpfalz: Stadt Amberg, Stadt Regensburg, Weiden in der Oberpfalz, Lkr. Amberg-Sulzbach, Cham, Neumarkt in der Oberpfalz, Neustadt an der Waldnaab, Lkr. Regensburg, Schwandorf, Tirschenreuth

The following cities and Landkreis in Regierungsbezirk Oberfranken: Stadt Bamberg, Stadt Bayreuth, Stadt Coburg, Stadt Hof, Lkr. Bamberg, Lkr. Bayreuth, Lkr. Coburg, Forchheim, Lkr. Hof, Kronach, Kulmbach, Lichtenfels, Wunsiedel im Fichtelgebirge

The following cities and Landkreis in Regierungsbezirk Mittelfranken: Stadt Ansbach, Stadt Erlangen, Stadt Fürth, Nürnberg, Schwabach, Lkr. Ansbach, Lkr. Erlangen-Höchstadt, Lkr. Fürth, Nürnberger Land, Neustadt an der Aisch-Bad Windsheim, Roth, Weißenburg-Gunzenhausen

The following cities and Landkreis in Regierungsbezirk Unterfranken: Stadt Aschaffenburg, Stadt Schweinfurt, Stadt Würzburg, Lkr. Aschaffenburg, Bad Kissingen, Röhn-Grabfeld, Haßberge, Kitzingen, Miltenberg, Main-Spessart, Lkr. Schweinfurt, Lkr. Würzburg

The following cities and Landkreis in Regierungsbezirk Schwaben: Stadt Augsburg, Kaufbeuren, Kempten im Allgäu, Memmingen, Aichach-Friedberg, Dillingen an der Donau, Neu-Ulm, Lindau, Oberallgäu, Unterallgäu, Donau-Ries

Bundesland Brandenburg

Bundesland Bremen

Bundesland Hamburg

Bundesland Hessen

Bundesland Mecklenburg-Vorpommern

Bundesland Rheinland-Pfalz

Bundesland Saarland

Bundesland Sachsen

Bundesland Sachsen-Anhalt

Bundesland Thüringen

Sweden

Whole territory

PART II

Member States or zones thereof with an approved eradication programme for BVD

Member State

Territory

Date of initial approval as referred to in Article 15(2) of Delegated Regulation (EU) 2020/689

Germany

Bundesland Bayern:

 

The following cities and Landkreis in Regierungsbezirk Oberbayern: Dachau

 

The following cities and Landkreis in Regierungsbezirk Niederbayern: Deggendorf, Lkr. Straubing-Bogen, Dingolfing-Landau

 

The following cities and Landkreis in Regierungsbezirk Schwaben: Lkr. Augsburg, Günzburg, Ostallgäu

Bundesland Berlin

Bundesland Niedersachsen

Bundesland Nordrhein-Westfalen

Bundesland Schleswig-Holstein

21 February 2022

Ireland

Whole territory

18 July 2022’

(5)

in Annex VIII, in Part 1, the entry for Germany is replaced by the following:

Member State

Territory

‘Germany

Bundesland Baden-Württemberg

Bundesland Bayern

Bundesland Berlin

Bundesland Brandenburg

Bundesland Bremen

Bundesland Hamburg

Bundesland Hessen

Bundesland Mecklenburg-Vorpommern

Bundesland Niedersachsen

Bundesland Nordrhein-Westfalen

Bundesland Sachsen

Bundesland Sachsen-Anhalt

Bundesland Schleswig-Holstein

Bundesland Thüringen’


((*))  In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex references to Member States include the United Kingdom in respect of Northern Ireland.’

((*))  In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex references to Member States include the United Kingdom in respect of Northern Ireland.’


15.7.2022   

EN

Official Journal of the European Union

L 188/75


COMMISSION IMPLEMENTING REGULATION (EU) 2022/1219

of 14 July 2022

amending Annex III to Implementing Regulation (EU) 2020/2235 as regards model certificates for the entry into and transit through the Union of consignments of certain composite products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 on laying specific hygiene rules for food of animal origin (1), and in particular Article 7(2), point (a), thereof,

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’) (2), and in particular Articles 238(3) and 239(3) thereof,

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (3), and in particular Article 90, first paragraph, points (a) and (b), and Article 126(3) thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) 2020/2235 (4) lays down rules regarding animal health certificates provided for in Regulation (EU) 2016/429, official certificates provided for in Regulation (EU) 2017/625, and animal health/official certificates based on those Regulations, required for the entry into the Union of certain consignments of animals and goods (hereinafter together referred to as ‘the certificates’). In particular, Annex III to Implementing Regulation (EU) 2020/2235 lays down, among others, model certificates for the entry into and transit through the Union of consignments of certain composite products.

(2)

Chapter 50 of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model animal health/official certificate for the entry into the Union of non shelf-stable composite products and shelf-stable composite products, containing any quantity of meat products except gelatine, collagen and highly refined products, and intended for human consumption (model COMP). Chapter 52 of Annex III to Implementing Regulation (EU) 2020/2235 sets out the model animal health certificate for the transit through the Union to a third country, either by immediate transit or after storage in the Union, of non shelf-stable composite products and shelf-stable composite products, containing any quantity of meat products, and intended for human consumption (model TRANSIT-COMP). Both of those models include a specific animal health attestation for dairy products contained in the composite products. Heat treatments requirements in those attestations should be aligned with the treatments laid down in Annex XXVII to Commission Delegated Regulation (EU) 2020/692 (5). Additionally, the requirement to indicate the production dates of the dairy products and colostrum-based products contained in the composite products should be deleted as superfluous in light of the description provided in footnote (2) covering all the constituents of animal origin. Moreover, certain footnotes in the Notes to Part II to those models should be supplemented and clarified. It is therefore necessary to amend Chapters 50 and 52 of Annex III to Implementing Regulation (EU) 2020/2235 accordingly.

(3)

In addition, in Chapter 52 of Annex III to Implementing Regulation (EU) 2020/2235, the requirement to indicate the approval number of the establishment of origin of dairy products contained in the composite products transiting through the Union should be deleted as the Union is not a final destination of those composite products. It is therefore necessary to amend Chapter 52 of Annex III to Implementing Regulation (EU) 2020/2235 accordingly.

(4)

Annex III to Implementing Regulation (EU) 2020/2235 should therefore be amended accordingly.

(5)

In order to avoid any disruption to trade as regards the entry into and transit through the Union of consignments of certain composite products, the use of certificates issued in accordance with Implementing Regulation (EU) 2020/2235, as applicable prior to the amendments made by this Regulation, should continue to be authorised during a transitional period subject to certain conditions.

(6)

As Implementing Regulation (EU) 2020/2235 applies from 21 April 2021, in the interest of legal certainty and to facilitate trade, the amendments to be made to Implementing Regulation (EU) 2020/2235 by this Regulation should take effect as a matter of urgency.

(7)

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

Annex III to Implementing Regulation (EU) 2020/2235 is amended in accordance with the Annex to this Regulation.

Article 2

For a transitional period until 15 April 2023, consignments of certain composite products, accompanied by the appropriate certificates, issued in accordance with the models set out in Chapters 50 and 52 of Annex III to Implementing Regulation (EU) 2020/2235, as applicable before the amendments made to that Implementing Regulation by this Regulation, shall continue to be authorised for entry into and transit through the Union provided that the certificate was issued no later than 15 January 2023.

Article 3

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, 14 July 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 139, 30.4.2004, p. 55.

(2)  OJ L 84, 31.3.2016, p. 1.

(3)  OJ L 95, 7.4.2017, p. 1.

(4)  Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1).

(5)  Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).


ANNEX

Annex III to Implementing Regulation (EU) 2020/2235 is amended as follows:

(1)

Chapter 50 is replaced by the following:

‘CHAPTER 50

MODEL ANIMAL HEALTH/OFFICIAL CERTIFICATE FOR THE ENTRY INTO THE UNION OF NON SHELF-STABLE COMPOSITE PRODUCTS AND SHELF STABLE COMPOSITE PRODUCTS, CONTAINING ANY QUANTITY OF MEAT PRODUCTS EXCEPT GELATINE, COLLAGEN AND HIGHLY REFINED PRODUCTS, AND INTENDED FOR HUMAN CONSUMPTION (MODEL COMP)

Image 1

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Image 4

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Image 6

Image 7

Image 8

Image 9

Image 10

Image 11

Image 12

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(2)

Chapter 52 is replaced by the following:

‘CHAPTER 52

MODEL ANIMAL HEALTH CERTIFICATE FOR THE TRANSIT THROUGH THE UNION TO A THIRD COUNTRY EITHER BY IMMEDIATE TRANSIT OR AFTER STORAGE IN THE UNION OF NON SHELF-STABLE COMPOSITE PRODUCTS AND SHELF STABLE COMPOSITE PRODUCTS CONTAINING ANY QUANTITY OF MEAT PRODUCTS AND INTENDED FOR HUMAN CONSUMPTION (MODEL TRANSIT-COMP)

Image 14

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Image 16

Image 17

Image 18

Image 19

Image 20

Image 21
’.


15.7.2022   

EN

Official Journal of the European Union

L 188/98


COMMISSION IMPLEMENTING REGULATION (EU) 2022/1220

of 14 July 2022

laying down implementing technical standards for the application of Directive 2014/65/EU of the European Parliament and of the Council with regard to the format in which branches of third-country firms and competent authorities have to report the information referred to in Article 41(3) and (4) of that Directive

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (1), and in particular Article 41(6) thereof,

Whereas:

(1)

It is necessary to ensure that the European Securities and Markets Authority (ESMA) and the competent authorities concerned receive all information necessary to supervise branches of third-country firms, and to ensure that such information is processed in an efficient and swift manner. The information referred to in Article 41(3) and (4) of Directive 2014/65/EU should therefore be submitted in a language that is customary in the sphere of international finance.

(2)

Article 39(2) of Directive 2014/65/EU requires that branches of third-country firms that wish to provide investment services or to perform investment activities in the territory of a Member State, acquire prior authorisation of the competent authority of that Member State. Such branches are not allowed to provide investment services or perform investment activities in other Member States than the Member State where those branches received their authorisation. The European Commission can, however, adopt an equivalence decision in accordance with Article 47(1) of Regulation (EU) No 600/2014 of the European Parliament and of the Council (2) stating that the legal and supervisory arrangements of that third country with regard to investment firms are equivalent to those that apply in the Union. In such a case, the authorised branches of investment firms that fall under the scope of such an equivalence decision would continue to be supervised by the competent authority of the Member State in which those branches are established, irrespective of whether they provide cross border services or performs cross border activities. It is therefore necessary to ensure that the format for the reporting of the information referred to in Article 41(3) of Directive 2014/65/EU is also apt for the reporting on such cross-border services and activities of those branches.

(3)

According to Article 41(3) of Directive 2014/65/EU, branches of third-country firms that have been authorised in accordance with Article 41(1) of that Directive are to report to the competent authority of the Member State where that authorisation was granted, on an annual basis, the information laid down in that Article 41(3). In order to harmonise not only the format, but also the timing of reporting, it is necessary to include a timeframe when that information is to be provided to competent authorities.

(4)

This Regulation is based on the draft implementing technical standards submitted to the Commission by ESMA.

(5)

ESMA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (3),

HAS ADOPTED THIS REGULATION:

Article 1

Format of the information to be reported annually to competent authorities by branches of third-country firms

1.   The branch of a third-country firm authorised in accordance with Article 41(1) of Directive 2014/65/EU shall use the format set out in Annex I to report the information referred to in Article 41(3) of that Directive. However, where the third-country firm is subject to an equivalence decision as referred to in Article 47(1) of Regulation (EU) No 600/2014, the branch of such third-country firm shall use the format set out in Annex II for those services and activities that are covered by such equivalence decision.

2.   The information referred to in paragraph 1 shall be submitted in a language customary in the sphere of international finance.

3.   The information referred to in paragraph 1 shall be submitted by 30 April of each year and shall cover the period from 1 January to 31 December of the preceding calendar year. The information provided shall be accurate as of 31 December of the preceding year.

Article 2

Format of the information to be reported to the European Securities and Markets Authority (ESMA) on request by competent authorities

For the purpose of Article 41(4) of Directive 2014/65/EU, competent authorities shall report the following fields from Annex I and II to ESMA:

1.

Reporting Period: 1a and 1b and, where applicable, 19a and 19b;

2.

Name of the third-country firm and the branch: 2a and 2d and, where applicable, 20a and 20d;

3.

Investment services, investment activities and ancillary services provided by the branch: 3a, 3b, 3c, 3d, 3e, 3f, 3g and 3h and, where applicable, 21a, 21b, 21c, 21d, 21e, 21f, 21g and 21h;

4.

Number of clients and counterparties and number of staff of the branch: 4a, 4b, 4c, 4d and, where applicable, 22a, 22b and 22c;

5.

Turnover and aggregated value of the assets of the branch: 5a, 5b, 5c and, where applicable, 23a, 23b and 23c.

Article 3

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, 14 July 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 173, 12.6.2014, p. 349.

(2)  Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84).

(3)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).


ANNEX I

Format for submitting the information referred to in Article 41(3) and 41(4) of Directive 2014/65/EU (1)

#

Field

Sub-fields

1a

Reporting period

The reporting start date for the calendar year

(YYYY-MM-DD)

1b

The reporting end date for the calendar year

(YYYY-MM-DD)

2a

Name and contact details of the third-country firm, including the details of the branch, of the person in charge of submitting the information, and of the authorities of the third country responsible for the supervision of the third-country firm

Full corporate name of the branch and the Legal Entity Identifier code (LEI)

2b

Address of the branch

(to be provided in case of any change to the information previously reported to the competent authority)

2c

Contact details of the branch including email address, phone number and website details

2d

Full legal name of the third-country firm and, where available, the Legal Entity Identifier (LEI)

(to be provided in case of any change to the information previously reported to the competent authority)

2e

Registered address for the head office of the third-country firm

(to be provided in case of any change to the information previously reported to the competent authority)

2f

Contact details of the third-country firm including email address, phone number, and website details

2g

Country of the head office of the third-country firm

(to be provided in case of any change to the information previously reported to the competent authority)

2h

Name, address and country of the authority responsible for the supervision of the third-country firm in the third country. When more than one authority is responsible for the supervision of the third-country firm, the details and the respective areas of competence per authority shall be provided

(to be provided in case of any change to the information previously reported to the competent authority)

2i

Contact person full name

2j

Contact person address

2k

Contact person phone number

2l

Contact person email address

2m

Contact person function/title

3a

Investment services, investment activities and ancillary services provided by the branch in the Member State where the branch is established, during the reporting period

The list of investment services, investment activities and ancillary services (as specified in Sections A and B of Annex I to Directive 2014/65/EU) provided by the branch in the Member State where it is established

3b

The list of categories of financial instruments (as specified in Section C of Annex I to Directive 2014/65/EU) in relation to which such services and activities have been performed

3c

Where the branch provides portfolio management, the total value of the assets under management for clients in the Member State where the branch is established at the end of the reporting period

3d

Where the branch provides portfolio management, the average value of the assets under management for clients in the Member State where the branch is established over the reporting period

3e

Where the branch provides investment advice, the total value of the assets in relation to which investment advice has been provided to clients in the Member State where the branch is established at the end of the reporting period

3f

Where the branch provides investment advice, the average value of the assets in relation to which investment advice has been provided to clients in the Member State where the branch is established during the reporting period

3g

Where the branch provides the ancillary service of safekeeping and administration on financial instruments for the account of clients or is holding client funds, the total value of the assets (including cash) held by the branch for clients in the Member State where the branch is established at the end of the reporting period

3h

Where the branch provides the ancillary service of safekeeping and administration on financial instruments for the account of clients or is holding client funds, the average value of the assets (including cash) held by the branch for clients in the Member State where the branch is established during the reporting period

4a

Number of clients and counterparties and number of staff of the branch in the Member State where the branch is established, during the reporting period

The total number of clients and counterparties of the branch in the Member State where it is established

4b

The breakdown of the total number of clients and counterparties of the branch in the Member State where it is established per investment service, investment activity or ancillary service provided in that Member State

4c

The numbers of retail clients, professional clients and eligible counterparties (as set out in Directive 2014/65/EU) to whom the branch is providing investment services, investment activities or ancillary services in the Member State where it is established.

4d

The breakdown of the number of staff of the branch in the Member State where it is established per investment service, investment activity or ancillary service provided in the Member State.

5a

Turnover and aggregated value of the assets of the branch in the Member State where the branch is established, during the reporting period

The turnover generated by the branch and the aggregated value of the assets corresponding to the investment services, investment activities and ancillary services provided in the Member State where the branch is established

5b

The breakdown of the turnover of the branch in the Member State where it is established per investment service, investment activity and ancillary service provided in that Member State

5c

The breakdown of the turnover of the branch in the Member State where it is established per category of client as set out in Directive 2014/65/EU

6

Where the branch deals on own account, information on the exposure of the third-country firm during the reporting period to counterparties in the Member State where the branch is established

The monthly minimum, average and maximum exposure to counterparties in the Member State where the branch is established

7

Where the branch underwrites financial instruments and/or places financial instruments on a firm commitment basis, information about the value of the financial instruments originating from counterparties in the Member State where the branch is established and is underwritten or placed on a firm commitment basis, during the reporting period

The total value and number of financial instruments originating from counterparties in the Member State where the branch is established and underwritten or placed on a firm commitment basis by the branch

8a

Composition of the management body of the third-country firm

The list of members of the management body of the third-country firm

8b

For each member of the management body, the member’s full name, country of domicile and contact details

8c

The position at which each member of the management body is appointed

9a

Key function holders for the activities of the branch

The list of key function holders for the activities of the branch

9b

For each key function holder, the person’s full name, country of domicile and contact details

9c

The position at which each key function holder is appointed

9d

The reporting lines between the key function holders and the third-country firm’s management body

10

Information about complaints received by the branch or by the third-country firm in relation to the activities of the branch in the Member State where the branch is established and during the reporting period

The number of complaints received by the branch or by the third-country firm in relation to the activities of the branch in the Member State where it is established, together with:

a breakdown for the five financial instruments generating the highest number of complaints;

a breakdown for the five most frequent topics of the complaints;

the number of complaints handled over the reporting period

the arrangements in place to diligently treat the complaints

11a

Description of the marketing activities of the branch or of the third-country firm in relation to the activities of the branch in the Member State where the branch is established and during the reporting period

A description of the marketing strategy of the branch or of the third-country firm used in the Member State where the branch is established in relation to the activities of the branch, including details about its geographical scope and the marketing means the third-country firm used (such as any agents, roadshows, telephone calls, websites)

11b

The list of trading names used by the branch of the third-country firm in the Member State where the branch is established, together with, for each trading name:

the categories of financial instruments in relation to which it is used; and

the categories of clients in relation to which it is used

11c

For any agents or similar entities used by the branch of the third-country firm in that Member State, the name of the individual or entity together with the address and contact details

11d

The list of websites used by the branch in the Member State where the branch is established, together with, for each website, its URL

12a

Description of the investor protection arrangements of the third-country firm available to the clients of the branch in the Member State where the branch is established, including the rights of those clients resulting from the investor-compensation scheme referred to in Article 39(2), point (f), of Directive 2014/65/EU

(to be provided in case of any change to the information previously reported to the competent authority)

Information and reporting to clients

Description of the arrangements set up by the third-country firm as regards its information and reporting obligations to clients and implementing measures for the operations of the branch in the Member State where it is established

12b

The language(s) the branch will use with its clients in the Member State where the branch is established

12c

Suitability and appropriateness

Description of the arrangements of the third-country firm to assess suitability or appropriateness, as the case may be, when the branch provides services to clients in the Member State where it is established

12d

Best execution

Where the branch executes orders for its clients in the Member State where it is established, description of the arrangements set up to execute client orders on terms most favourable to the clients

12e

Client order handling rules

Where the branch handles client orders, description of the arrangements set up by the branch for the prompt, fair and expeditious execution of client orders with a focus on the operations of the branch in the Member State where the branch is established

12f

Product governance arrangements

Where the third-country firm manufactures and/or distributes, via its branch, financial instruments, description of the product governance arrangements set up by the third-country firm for the operations of the branch in the Member State where the branch is established

12g

The arrangements of the third-country firm to identify, prevent and manage conflicts of interest

Description of the measures set up by the third-country firm, acting through its branch, to identify and to prevent or manage conflicts of interest that arise in the course of providing investment and ancillary services, including those arising from the remuneration policy of the persons involved in the provision of investment services, investment activities and ancillary services provided in the Member State where the branch is established

12h

The arrangements of the third-country firm to handle complaints

Description of the procedure set up by the third-country firm acting through its branch, and to be followed by clients of the branch for lodging a complaint

12i

The department responsible for handling the complaints of clients of the branch

12j

The language(s) clients must lodge their complaints

12k

The relevant courts (in case of litigation) referred to in any contractual arrangements between the third-country firm acting through its branch and its clients in the Member State where the branch is established

12l

The alternative dispute resolution entity/ies competent to deal with disputes involving clients in the Member State where the branch is established and the third-country firm

12m

The third-country firm’s membership of an investor compensation scheme

The description of the third-country firm’s membership of an investor compensation scheme including whether clients and counterparties of the branch will be eligible to such scheme, its scope, a description of the eligibility conditions and the amounts and financial instruments covered by the scheme

12n

The arrangements of the third-country firm to protect and manage client funds and assets

The description of any client fund or client asset safeguarding arrangements (in particular, where financial instruments and funds are held in a custodian, the name of the custodian, and related contracts) put in place in the Member State where the branch is established

12o

Other arrangements

The description of any other arrangements that the third-country firm may deem relevant to the provision of services and performance of the activities of the branch in the Member State where the branch is established in an honest, fair and professional manner that promotes the interests of clients

13a

Information on the outsourcing arrangements of the third-country firm applicable to the operations of the branch

(to be provided in case of any change to the information previously reported to the competent authority)

The list and description of the outsourced functions (or those intended to be outsourced)

13b

The description of the resources (in particular, human and technical, and the internal control system) allocated to the control of the outsourced functions, services or activities insofar as they are related to the operations of the branch in the Member State where it is established

14

Information on the arrangements (including IT arrangements) set up by the third-country firm applicable to the activities of the branch for algorithmic trading, for high frequency trading and for direct electronic access

(to be provided in case of any change to the information previously reported to the competent authority)

Description of any arrangements and resources (in particular human and IT resources) that the third-country firm may have put in place and/or allocated for the activities of its branch in the Member State where the branch is established for algorithmic trading, high frequency trading and direct electronic access and for the control of such activities

15a

Information on the activities of the compliance function (or equivalent)

Regulatory changes

Description of the management and implementation of material changes and developments in regulatory requirements during the reporting period which impact the investor protection arrangements for the activities of the branch of the third-country firm

15b

Findings

The number of controls performed on-site and outsourced and a summary of major findings of the compliance function on the operations of the third-country firm insofar as they are relevant to the operations of the branch

15c

Actions taken or to be taken (including following complaints or deviation from compliance function’s recommendations addressed to senior management) to address identified failures or risks of failures by the third-country firm insofar as they relate to the operations of the branch

15d

Other

Any other information that the branch may find relevant to mention

16a

Information on the activities of the internal audit function (or equivalent)

Findings

A summary of major findings of the internal audit function on the operations of the third-country firm insofar as they are relevant to the operations of the branch

16b

Actions taken or to be taken globally (including timeline and organisational units of the third-country firm involved) to address identified failures or risks of failures by the third-country firm insofar as they relate to the operations of the branch

17a

Information on the activities of the risk management function (or equivalent) and the risk management policy of the third-country firm

Risk management policy

A summary of the risk management policy of the third-country firm insofar as it relates to the operations of the branch and the arrangements applied by the branch for the services and activities carried out by the branch

(to be provided in case of any change to the information previously reported to the competent authority)

17b

Findings

A summary of major findings of the risk management function on the operations of the third-country firm globally and actions taken or to be taken to address those findings

18

Any other information that the branch of a third-country firm may find relevant to communicate to the competent authority of the Member State where it is established.


(1)  Any information with regard to the provision of cross-border services by branches of third-country firms is covered by Annex II.


ANNEX II

Format for submitting information referred to in Article 41(3) and 41(4) of Directive 2014/65/EU in case the Commission has taken an equivalence decision as referred to in Article 47(1) of Regulation (EU) No 600/2014

In addition to the information required under Annex I of the present Implementing Regulation, third-country firms that also provide investment services and activities in the European Union, in accordance with Article 47(3) of Regulation (EU) No 600/2014 through the third-country equivalence regime (if effectively recognised as such under Article 47(1) of Regulation (EU) No 600/2014), shall also include the following fields in their report to the competent authority, as required under Article 41(3) of Directive 2014/65/EU:

#

Field

Sub-fields

19a

Reporting period

The reporting start date for the calendar year

(YYYY-MM-DD)

19b

The reporting end date for the calendar year

(YYYY-MM-DD)

20a

Name and contact details of the third-country firm, including the details of the branch, of the person in charge of submitting the information, of the authorities of the third country responsible for the supervision of the third-country firm

Full corporate name of the branch and Legal Entity Identifier code (LEI) where available

20b

Address of the branch

(to be provided in case of any change to the information previously reported to the competent authority)

20c

Contact details of the branch including email address, phone number and website details

20d

Full legal name of the third-country firm and Legal Entity Identifier (LEI) where available

(to be provided in case of any change to the information previously reported to the competent authority)

20e

Registered address for the head office of the third-country firm

(to be provided in case of any change to the information previously reported to the competent authority)

20f

Contact details of the third-country firm including email address, phone number, and website details

20g

Country of the head office of the third-country firm

(to be provided in case of any change to the information previously reported to the competent authority)

20h

Name, address and country of the authority responsible for the supervision of the third-country firm in the third country. When more than one authority is responsible for the supervision of the third-country firm, the details and the respective areas of competence per authority shall be provided

(to be provided in case of any change to the information previously reported to the competent authority)

20i

Contact person full name

20j

Contact person address

20k

Contact person phone number

20l

Contact person email address

20m

Contact person function/title

21a

Investment services, investment activities and ancillary services provided by the branch in each Member State other than the one where it is established, during the reporting period

The list of investment services, investment activities and ancillary services (as specified in Sections A and B of Annex I to Directive 2014/65/EU) provided to eligible counterparties and professional clients within the meaning of Section I of Annex II to Directive 2014/65/EU, in each Member State other than the one where the branch is established

21b

The list of categories of financial instruments (as specified in Section C of Annex I to Directive 2014/65/EU) in relation to which such services and activities have been performed

21c

For each Member State other than the one where the branch is established and in which the branch provides portfolio management, the total value of the assets under management for clients in the Member State at the end of the reporting period

21d

For each Member State other than the one where the branch is established and in which the branch provides portfolio management, the average value of the assets under management for clients in the Member State over the reporting period

21e

For each Member State other than the one where the branch is established and in which the branch provides investment advice, the total value of the assets in relation to which that service has been provided to clients in the Member State at the end of the reporting period

21f

For each Member State other than the one where the branch is established and in which the branch provides investment advice, the average value of the assets in relation to which that service has been provided to clients in the Member State over the reporting period

21g

For each Member State other than the one where the branch is established and in which the branch provides the ancillary service of safekeeping and administration on financial instruments for the account of clients or is holding client funds, the total value of the assets (including cash) held by the branch for clients in the Member State at the end of the reporting period

21h

For each Member State other than the one where the branch is established and in which the branch provides the ancillary service of safekeeping and administration on financial instruments for the account of clients or is holding client funds, the average value of the assets (including cash) held by the branch for clients in the Member State over the reporting period

22a

Number of clients and counterparties of the branch in Member States other than the one where the branch is established and globally, during the reporting period

The total number of clients and counterparties of the branch in the European Union (excluding the Member State where it is established).

22b

The total number of clients and counterparties of the third-country firm globally

22c

For each Member State other than the Member State where the branch is established and in which the branch provided any investment services, investment activities or ancillary services, the total number of clients and counterparties of the branch in that other Member State, together with:

a breakdown of this number per investment service, investment activity or ancillary service provided in each Member State; and

a breakdown per category of client as set out in Directive 2014/65/EU

23a

Turnover and aggregated value of the assets of the branch in Member States other than the one where the branch is established and of the third-country firm globally, during the reporting period

The turnover of the branch in the Union (not including the Member State where it is established) and the aggregated value of the assets corresponding to the services and activities provided by the third-country firm in the Union (not including the Member State where it is established)

23b

The global turnover of the third-country firm

23c

For each Member State other than the one where the branch is established and in which the branch provided any investment services, investment activities or ancillary services, the turnover and the aggregated value of the assets corresponding to such investment services, investment activities and ancillary services, together with:

a breakdown per investment service, investment activity or ancillary services provided in the Member State; and

a breakdown per category of client as set out in Directive 2014/65/EU

24a

Where the branch deals on own account, information on the exposure of the third-country firm to counterparties in the Union (not including the Member State where the branch is established), during the reporting period

For each Member State other than the one where the branch is established and in which the branch deals on own account, the monthly minimum, average and maximum exposure to counterparties in that Member State

24b

The monthly minimum, average and maximum exposure to counterparties in the Union (not including the Member State where the branch is established)

25a

Where the branch underwrites financial instruments and/or places financial instruments on a firm commitment basis, information about the value of the financial instruments originating from counterparties in the Union (other than in the Member State where the branch is established) and is underwritten or placed on a firm commitment basis during the reporting period

For each Member State other than the one where the branch is established and in which the branch provides underwriting of financial instruments and/or placing of financial instruments on a firm commitment basis, the total value of financial instruments originating from counterparties in the Member State and underwritten or placed on a firm commitment basis by the branch

25b

The total value of financial instruments originating from counterparties in the Union (other than in the Member State where the branch is established) and underwritten or placed on a firm commitment basis by the branch

26

Information about complaints received by the branch and/or by the third-country firm in relation to the activities of the branch in the Union (other than in the Member State where the branch is established), during the reporting period

The number of complaints received by the branch and/or by the third-country firm in relation to the activities of the branch in Member States other than the one where the branch is established, together with:

a breakdown per Member State;

a breakdown for the five financial instruments generating the highest number of complaints;

a breakdown for the five most frequent topics of the complaints;

the number of complaints handled in the reporting period

the arrangements in place to diligently treat the complaints

27a

Description of the marketing activities of the branch or of the third-country firm in relation to the activities of the branch in the Union (other than in the Member State where the branch is established), during the reporting period

A description of the marketing strategy of the third-country firm used in the Union (other than in the Member State where the branch is established) in relation to the activities of the branch, including details about its geographical scope and the marketing means the third-country firm used (such as any agents, roadshows, telephone calls, websites)

27b

The list of trading names used by the third-country firm in the Union (other than in the Member State where the branch is established), together with, for each trading name:

the list of Member States in which it is used;

the categories of financial instruments in relation to which it is used; and

the categories of clients in relation to which it is used

27c

For any agents or similar entities used by the third-country firm in the Union (other than in the Member State where the branch is established) the name of the individual or entity together with the address and contact details

27d

The list of websites used by the third-country firm in the Union (other than in the Member State where the branch is established), together with, for each website, its URL

28a

Description of the investor protection arrangements of the third-country firm available to the clients of the branch in the Union (other than in the Member State where the branch is established), including the rights of those clients resulting from the investor-compensation scheme referred to in Article 39(2), point (f) of Directive 2014/65/EU

(to be provided in case of any change to the information previously reported to the competent authority)

Information and reporting to clients

The description of the arrangements of the third-country firm to ensure that it complies with its information and reporting obligations to clients under Articles 24 and 25 of Directive 2014/65/EU and implementing measures for the operations of the branch in the Union (other than in the Member State where the branch is established)

28b

The language(s) the branch will use with its clients in the Union (other than in the Member State where the branch is established)

28c

Suitability and appropriateness

The description of the arrangements of the third-country firm to ensure that it complies with its obligations to assess suitability or appropriateness, as the case may be, when the branch provides services to clients in the Union (other than in the Member State where the branch is established)

28d

Best execution

Where the branch executes orders for its clients in the Union (other than in the Member State where the branch is established), the description of the arrangements to ensure that it executes client orders on terms most favourable to the clients

28e

Client order handling rules

The description of the arrangements of the third-country firm which provide for the prompt, fair and expeditious execution of client orders with a focus on the operations of the branch in the Union (other than in the Member State where the branch is established)

28f

Product governance arrangements

Where the third-country firm manufactures and/or distributes financial instruments in the Union (other than in the Member State where the branch is established), description of the product governance arrangements set up by the third-country firm for its operations in the Union.

28g

The arrangements of the third-country firm to identify, prevent and manage conflicts of interest

The description of the measures the third-country firm has put in place to identify and to prevent or manage conflicts of interest that arise in the course of providing investment and ancillary services, including those arising from the remuneration policy of the persons involved in the provision of investment services, investment activities and ancillary services provided in the Union (other than in the Member State where the branch is established)

28h

The arrangements of the third-country firm to handle complaints

A description of the procedure that clients of the third-country firm in the Union (other than in the Member State where the branch is established) need to follow to lodge a complaint

28j

The department responsible for handling the complaints of clients of the branch

28k

The language(s) clients must lodge their complaints

28l

The relevant courts (in case of litigation) referred to in any contractual arrangements between the third-country firm and its clients in the Union (other than in the Member State where the branch is established)

28m

The alternative dispute resolution entity/ies competent to deal with cross-border disputes involving clients in the Union (other than in the Member State where the branch is established)

28n

The third-country firm’s membership of an investor compensation scheme

The description of the third-country firm’s membership of an investor compensation scheme including whether clients and counterparties of the branch in the Union (other than in the Member State where the branch is established) will be eligible to such scheme, its scope, a description of the eligibility conditions and the amounts and financial instruments covered by the scheme

28o

The arrangements of the third-country firm to protect and manage client funds and assets

The description of safeguarding arrangements for any client fund or client asset in the Union (other than in the Member State where the branch is established) (in particular, where financial instruments and funds are held in a custodian, the name of the custodian, and related contracts)

28p

Other arrangements

The description of any other arrangements that the third-country firm may deem relevant to the provision of services and performance of the activities of the branch in the Union (other than in the Member State where the branch is established) in an honest, fair and professional manner that promotes the interests of clients

29a

Information on the outsourcing arrangements of the third-country firm applicable to the operations of the branch

(to be provided in case of any change to the information previously reported to the competent authority)

The list and description of the outsourced functions (or those intended to be outsourced) for the provision of the branch’s investment services and performance of its activities in the Union (other than in the Member State where the branch is established)

29b

The description of the resources (in particular, human and technical, and the internal control system) allocated to the control of the outsourced functions, services or activities insofar as they are related to the operations of the branch in the Union (other than in the Member State where the branch is established)

30

Information on the arrangements (including IT arrangements) set up by the third-country firm applicable to the activities of the branch for algorithmic trading, for high frequency trading and for direct electronic access

(to be provided in case of any change to the information previously reported to the competent authority)

Description of any arrangements and resources (in particular human and IT resources) that the third-country firm may have put in place and/or allocated for the activities of its branch in the Union (other than in the Member State where the branch is established) for algorithmic trading, high frequency trading and direct electronic access and for the control of such activities

31

Any other information considered by the competent authority necessary to enable comprehensive monitoring of the activities of the branch in the Union


15.7.2022   

EN

Official Journal of the European Union

L 188/114


COMMISSION IMPLEMENTING REGULATION (EU) 2022/1221

of 14 July 2022

imposing a provisional anti-dumping duty on imports of certain aluminium road wheels originating in Morocco

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 of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Article 7 thereof,

After consulting the Member States,

Whereas:

1.   PROCEDURE

1.1.   Initiation

(1)

On 17 November 2021, the European Commission (‘the Commission’) initiated an anti-dumping investigation with regard to imports of certain aluminium road wheels (‘ARW’) originating in Morocco (‘the country concerned’) on the basis of Article 5 of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union (2) (‘the Notice of Initiation’).

(2)

The Commission initiated the investigation following a complaint lodged on 4 October 2021 by the Association of European Wheel Manufacturers (‘the complainant’ or ‘EUWA’). The complaint was made on behalf of the Union industry in the sense of Article 5(4) of the basic Regulation. The complaint contained evidence of dumping and of resulting material injury that was sufficient to justify the initiation of the investigation.

1.2.   Registration

(3)

The Commission made imports of the product concerned subject to registration by Commission Implementing Regulation (EU) 2022/934 (3) (‘the registration Regulation’).

1.3.   Interested parties and request for anonymity

(4)

In the Notice of Initiation, the Commission invited interested parties to contact it in order to participate in the investigation. The Commission specifically informed the complainant and known Union producers, the known exporting producers and the authorities of Morocco, known importers, users and associations known to be concerned, about the initiation of the investigation and invited them to participate.

(5)

The complainants and two cooperating users requested that their names be kept confidential for fear that they could face retaliation by customers. The Commission took the view that there was indeed a serious risk of retaliation and accepted that the names of the complainants and the two cooperating users should not be disclosed. In order to effectively grant anonymity, the names of the other Union producers were also kept confidential, as to avoid that by deduction the names of the complainants could be identified.

1.4.   Comments on Initiation

(6)

Interested parties had an opportunity to comment on the initiation of the investigation and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings.

(7)

Four parties requested a hearing with the Commission services and were heard: the European Automobile Manufacturers’ Association (‘ACEA’), EUWA, Dika Morocco Africa S.A.R.L (‘Dika’) and Hands 8 S.A. (‘Hands’).

(8)

Dika and the Moroccan authorities claimed that the figures reported in the complaint were outdated, as there was a gap of almost 8 months between its investigation period and the date of initiation of the investigation. Moreover, the investigation period selected by the complainant precisely coincided with the peak of the COVID-19 pandemic. Furthermore, the period considered by the complainant exceeded by one year the usual Commission’s practice, as described in the relevant Guide (4). Dika considered that this decision could be considered unfair and partial and the use of outdated figures cannot constitute prima facie evidence of dumping, injury or causality as required under Article 5(4) of the basic Regulation.

(9)

The Commission first noted that the Guide referred to by Dika explicitly indicates that it is meant to provide general advice but it is not a legally binding document and its contents are not compulsory (5). Furthermore, Article 5 of the basic Regulation does not contain any specific provision regarding the time lapsed between the complaint and the data provided. In any case, the investigation period of the complaint ended on 31 March 2021, while the complaint was lodged on 4 October 2021. Furthermore, the complainant also submitted additional injury data until 30 June 2021 (6). Consequently, the data provided by the complainant was up to date and as close as possible to the date of lodging of the complaint. Regarding the claim for the period considered and the investigation period, it is the Commission practice to select an investigation period of one year and previous three calendar years in order to examine the trends relevant for the assessment of injury covered. The fact that the complaint provided information for one additional year does not mean that outdated data was used which would render the assessment unfair or partial. Rather, it provided information regarding the most recent period available, that is until 31 March 2021. Consequently, the claim was rejected.

(10)

Dika claimed that the complaint did not provide evidence justifying the use of a constructed normal value as requested by Article 5(2) of the basic Regulation. Moreover, the party claimed that constructed normal value calculation were flawed. Therefore, the Commission should have concluded that the complaint did not contain sufficient evidence of dumping and should have been rejected in accordance with Article 5 of the basic Regulation.

(11)

Dika stated that the complainant did not use the Moroccan domestic sales price of ARW, although it could have known such prices in light of the fact that the Union industry itself exports ARW to Morocco. In addition, Dika alleged that the complainant used the exporting producers’ financial accounts from 2018 and 2019 to conclude that there were no sales in the ordinary course of trade, while these accounts were from a period before the investigation period selected in the complaint.

(12)

The Commission disagreed. The complainant in this investigation is the EUWA and not its individual members. Since the complainant is not a producer nor an exporter, it had no access to such data. In addition, invoices are generally considered business confidential data. The complainant thus had to rely on public information regarding domestic sales prices in Morocco, which was not available at the time of the complaint. As for the use of the financial accounts of 2018 and 2019 for the Moroccan exporting producers, these were the only accounts available to the complainant at the time of lodging the complaint. The complainant could therefore only conclude that based on the information reasonably available, there were no domestic sales in the ordinary course of trade by the known Moroccan exporting producers. It was therefore justified in constructing the normal value. Accordingly, the claim was rejected.

(13)

Dika also provided arguments concerning alleged fundamental flaws in the determination of the normal value. These arguments concern the choice of wheel size, the use of prices for aluminium ingots based on imports from China, the use of the Union producer cost structure, the exclusion of certain cost factors in the calculation and the application of a 6 % profit rate.