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Document L:2022:307:FULL

Official Journal of the European Union, L 307, 28 November 2022


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ISSN 1977-0677

Official Journal

of the European Union

L 307

European flag  

English edition

Legislation

Volume 65
28 November 2022


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

between the European Union, of the one part, and Republic of Tunisia, of the other part, on the participation of the Republic of Tunisia in the Union programme Horizon Europe – the Framework Programme for Research and Innovation

1

 

 

REGULATIONS

 

*

Council Regulation (EU) 2022/2309 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti

17

 

*

Commission Delegated Regulation (EU) 2022/2310 of 18 October 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) No 149/2013 as regards the value of the clearing threshold for positions held in OTC commodity derivative contracts and other OTC derivative contracts ( 1 )

29

 

*

Commission Delegated Regulation (EU) 2022/2311 of 21 October 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) No 153/2013 as regards temporary emergency measures on collateral requirements ( 1 )

31

 

*

Commission Implementing Regulation (EU) 2022/2312 of 25 November 2022 on eight-yearly variables in the labour force domain on young people on the labour market, educational attainment – details, including education interrupted or abandoned and reconciliation of work and family life pursuant to Regulation (EU) 2019/1700 of the European Parliament and of the Council ( 1 )

34

 

*

Commission Implementing Regulation (EU) 2022/2313 of 25 November 2022 entering a name in the register of traditional specialities guaranteed (Pizza Napoletana (TSG))

45

 

*

Commission Implementing Regulation (EU) 2022/2314 of 25 November 2022 renewing the approval of the active substance Pythium oligandrum strain M1 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 ( 1 )

47

 

*

Commission Implementing Regulation (EU) 2022/2315 of 25 November 2022 renewing the approval of the low-risk active substance heptamaloxyloglucan in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 ( 1 )

52

 

*

Commission Implementing Regulation (EU) 2022/2316 of 25 November 2022 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds ( 1 )

57

 

 

DECISIONS

 

*

Political and Security Committee Decision (CFSP) 2022/2317 of 22 November 2022 on the reconfirmation of the authorisation of the European Union military operation in the Mediterranean (EUNAVFOR MED IRINI) (EUNAVFOR MED IRINI/5/2022)

132

 

*

Council Decision (CFSP) 2022/2318 of 25 November 2022 amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia

133

 

*

Council Decision (CFSP) 2022/2319 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti

135

 

*

Council Decision (CFSP) 2022/2320 of 25 November 2022 on Union support for the implementation of a project Unlocking Innovation: Enabling Technologies and International Security

142

 

*

Council Decision (CFSP) 2022/2321 of 25 November 2022 in support of the South-Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC) for the implementation of the Regional Roadmap on combating illicit arms trafficking in the Western Balkans and in support of disarmament and arms control activities in South-East and East Europe

149

 

*

Commission Implementing Decision (EU) 2022/2322 of 21 November 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2022) 8542)  ( 1 )

164

 

*

Commission Implementing Decision (EU) 2022/2323 of 22 November 2022 on the request for registration of the European citizens’ initiative entitled European Day of Whatever it Takes, pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council

259

 

*

Commission Implementing Decision (EU) 2022/2324 of 23 November 2022 amending Decision 2008/294/EC, to include additional access technologies and measures for the operation of mobile communications services on aircraft (MCA services) in the Union (notified under document C(2022) 8321)  ( 1 )

262

 

*

Commission Implementing Decision (EU) 2022/2325 of 24 November 2022 not approving 1,2-benzisothiazol-3(2H)-one (BIT) as an active substance for use in biocidal products of product-type 10 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 1 )

267

 

*

Commission Implementing Decision (EU) 2022/2326 of 24 November 2022 not approving epsilon-metofluthrin as an active substance for use in biocidal products of product-type 19 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 1 )

269

 

*

Commission Implementing Decision (EU) 2022/2327 of 24 November 2022 not approving chloramin B as an active substance for use in biocidal products of product-types 2, 3, 4 and 5 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 1 )

271

 


 

(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

INTERNATIONAL AGREEMENTS

28.11.2022   

EN

Official Journal of the European Union

L 307/1


INTERNATIONAL AGREEMENT

between the European Union, of the one part, and Republic of Tunisia, of the other part, on the participation of the Republic of Tunisia in the Union programme Horizon Europe – the Framework Programme for Research and Innovation


The European Commission (hereinafter referred to as ‘the Commission’), on behalf of the European Union,

of the one part,

and

the Government of the Republic of Tunisia (hereinafter referred to as ‘Tunisia’),

of the other part,

hereinafter referred to as ‘the Parties’,

WHEREAS the Protocol (1) to the Euro-Mediterranean Agreement (2) establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, on a Framework Agreement between the European Union and the Republic of Tunisia on the general principles for the participation of the Republic of Tunisia in Union programmes (hereinafter referred to as ‘the Protocol’), stipulates that the specific terms and conditions regarding the participation of Tunisia in each particular Union programme, in particular the financial contribution to be paid as well as reporting and evaluation procedures, are to be determined in a Memorandum of Understanding (3) between the European Commission and the competent authorities of Tunisia on the basis of the criteria established by the programmes concerned;

WHEREAS the European Union programme Horizon Europe - the Framework Programme for Research and Innovation - was established by Regulation (EU) 2021/695 of the European Parliament and of the Council (4) (hereinafter referred to it as the ‘Horizon Europe Programme’);

CONSIDERING the European Union’s efforts to lead the response by joining forces with its international partners to address global challenges in line with the plan of action for people, planet and prosperity in the United Nations Agenda ‘Transforming our World: the 2030 Agenda for Sustainable Development’, and acknowledging that research and innovation are key drivers and essential tools for innovation-led sustainable growth, for economic competitiveness and attractiveness;

RECOGNISING the general principles as set out in Regulation (EU) 2021/695;

ACKNOWLEDGING the objectives of the renewed European Research Area to build a common scientific and technological area, create a single market for research and innovation, foster and facilitate the cooperation between universities and the exchange of best practices and attractive research careers, facilitate cross-border and inter-sectoral mobility of researchers, foster free movement of scientific knowledge and innovation, promote the respect of academic freedom and freedom of scientific research, support science education and communication activities, and encourage competitiveness and attractiveness of participating economies, and that associated countries are key partners in this endeavour;

EMPHASISING the role of the European Partnerships addressing some of Europe’s most pressing challenges through concerted research and innovation initiatives contributing significantly to those European Union’s priorities in the area of research and innovation that require critical mass and long-term vision and the importance of associated countries’ involvement in those Partnerships;

SEEKING to establish mutually advantageous conditions in order to create decent jobs, to strengthen and support innovation ecosystems of the Parties by helping enterprises to innovate and scale up in the markets of the Parties and facilitating the uptake as well as deployment and accessibility of innovation, including capacity building activities;

RECOGNISING that reciprocal participation in each other's research and innovation programmes should provide mutual benefits; while acknowledging that the Parties reserve their right to limit or condition participation in their research and innovation programmes including in particular for actions related to their strategic assets, interests, autonomy or security;

CONSIDERING that the common goals, values and strong links of the Parties in the field of research and innovation, established in the past through relevant international agreements, including the Association Agreement to the Horizon 2020 Programme, and recognising the common desire of the Parties to further develop, strengthen, stimulate and extend their relations and cooperation therein,

HAVE AGREED AS FOLLOWS:

Article 1

Scope of the association

1.   Tunisia shall participate as an associated country in and contribute to all parts of the Horizon Europe Programme - the Framework Programme for Research and Innovation (the Horizon Europe Programme) referred to in Article 4 of Regulation (EU) 2021/695 and implemented through the specific programme established by Decision (EU) 2021/764 (5), in their most up to date versions, and through a financial contribution to the European Institute of Innovation and Technology.

2.   Regulation (EU) 2021/819 of the European Parliament and of the Council (6), and Decision (EU) 2021/820 (7), in their most up to date versions, shall apply to the participation of Tunisian legal entities in Knowledge and Innovation Communities.

Article 2

Terms and conditions of participation in the Horizon Europe Programme

1.   Tunisia shall participate in the Horizon Europe Programme in accordance with the conditions laid down in the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, on a Framework Agreement between the European Union and the Republic of Tunisia on the general principles for the participation of the Republic of Tunisia in Union programmes, and under the terms and conditions set forth in this Agreement, in the legal acts referred to in Article 1 of this Agreement, as well as in any other rules pertaining to the implementation of the Horizon Europe Programme, in their most up to date versions.

2.   Unless otherwise provided for in the terms and conditions referred to in paragraph 1 of this Article, including in implementation of Article 22(5) of Regulation (EU) 2021/695, legal entities established in Tunisia may participate in indirect actions of the Horizon Europe Programme under conditions equivalent to those applicable to legal entities established in the European Union, including respect for the European Union restrictive measures (8).

3.   Before deciding on whether legal entities established in Tunisia are eligible to participate in an action related to European Union’s strategic assets, interests, autonomy or security under Article 22(5) of Regulation (EU) 2021/695, the Commission may request specific information or assurances, such as:

a)

information whether reciprocal access has been or will be granted to legal entities established in the European Union to existing and planned programmes and projects of Tunisia equivalent to the Horizon Europe action concerned;

b)

information whether Tunisia has in place a national investment screening mechanism and assurances that authorities of Tunisia will report on and consult the Commission on any possible cases where in application of such a mechanism they have become aware of planned foreign investment/takeover by an entity established or controlled from outside Tunisia of a Tunisian legal entity, which has received Horizon Europe funding in actions related to European Union’s strategic assets, interests, autonomy or security, provided that the Commission supplies Tunisia with the list of the relevant legal entities established in Tunisia following the signature of grant agreements with these entities; and

c)

assurances that none of the results, technologies, services and products developed under the concerned actions by entities established in Tunisia shall be subject to restrictions on their export to EU Member States during the action and for four years after the end of the action. Tunisia will share an up-to-date list of subjects of national export restrictions on annual basis, during the action and for four years after the end of the action.

4.   Legal entities established in Tunisia may participate in the activities of the Joint Research Centre (JRC) under terms and conditions equivalent to those applicable to legal entities established in the European Union unless limitations are necessary to ensure consistency with the scope of participation stemming from the implementation of paragraph 2 and 3 of this Article.

5.   Where the European Union implements the Horizon Europe Programme through the application of Articles 185 and 187 of the Treaty on the Functioning of the European Union, Tunisia and Tunisian legal entities may participate in the legal structures created under those provisions, in conformity with the European Union legal acts that have been or will be adopted for the establishment of those legal structures.

6.   Representatives of Tunisia shall have the right to participate as observers in the committee referred to in Article 14 of Decision (EU) 2021/764, without voting rights and for points which concern Tunisia.

These committees shall meet without the presence of representatives of Tunisia at the time of the voting.

Tunisia will be informed of the result. Participation as referred to in this paragraph shall take the same form including procedures for receipt of information and documentation, as that applicable to representatives of Members States of the European Union.

7.   Tunisia rights of representation and participation in the European Research Area Committee and its subgroups shall be those applicable to associated countries.

8.   Representatives of Tunisia shall have the right to participate as observers in the Board of Governors of the JRC, without voting rights. Subject to that condition, such participation shall be governed by the same rules and procedures as those applicable to representatives of Member States of the European Union, including speaking rights and procedures for receipt of information and documentation in relation to a point that concerns Tunisia.

9.   Tunisia may participate in a European Research Infrastructure Consortium (ERIC) in accordance with Council Regulation (EC) No 723/2009 (9), in its most up to date version, and with the legal act establishing the ERIC.

10.   Travel costs and subsistence expenses incurred by representatives and experts of Tunisia for the purposes of taking part as observers in the work of the committee referred to in Article 14 of Decision (EU) 2021/764, or in other meetings related to the implementation of the Horizon Europe Programme, shall be reimbursed by the European Union on the same basis as and in accordance with the procedures in force for representatives of the Member States of the European Union.

11.   The Parties shall make every effort, within the framework of the existing provisions, to facilitate the free movement and residence of scientists participating in the activities covered by this Agreement and to facilitate cross-border movement of goods and services intended for use in such activities.

12.   Tunisia shall take all necessary measures, as appropriate, to ensure that goods and services, purchased in Tunisia or imported into Tunisia, which are partially or entirely financed pursuant to the grant agreements and/or contracts concluded for the realisation of the activities in accordance with this Agreement, are exempted from customs duties, import duties and other fiscal charges, including the VAT, that are applicable in Tunisia.

Article 3

Financial contribution

1.   Participation of Tunisia or Tunisian legal entities in the Horizon Europe Programme shall be subject to Tunisia contributing financially to the Programme and the related management, execution and operation costs under the general budget of the European Union (hereinafter referred to as the ‘Union budget’).

2.   The financial contribution shall take the form of the sum of:

a)

an operational contribution; and

b)

a participation fee.

3.   The financial contribution shall take the form of an annual payment made in one instalments, and shall be due at the latest in May.

4.   The operational contribution shall cover operational and support expenditure of the Programme and be additional both in commitment and payment appropriations to the amounts entered in the Union budget definitively adopted for the Horizon Europe Programme, including any appropriations corresponding to decommitments made available again as referred to in Article 15(3) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (10), in its most up to date version (hereinafter referred to as ‘the Financial Regulation’), and increased by external assigned revenue that does not result from financial contributions to the Horizon Europe Programme from other donors (11).

For external assigned revenue allocated to the Horizon Europe Programme under Article 3 (1) of Council Regulation (EU) 2020/2094 establishing a European Union Recovery Instrument to support the recovery in the aftermath of the COVID-19 crisis (12), this increase shall correspond to annual appropriations indicated in the documents accompanying the Draft Budget with regard to the Horizon Europe Programme.

5.   The initial operational contribution shall be based on a contribution key defined as the ratio of the Gross Domestic Product (GDP) of Tunisia at market prices to the GDP of the European Union at market prices. The GDPs at market prices to be applied shall be determined by the dedicated Commission services based on the most recent statistical data available for budget calculations in the year prior to the year in which the annual payment is due. By derogation, for 2021, the initial operational contribution shall be based on the GDP of the year 2019 at market prices. Adjustments to this contribution key are laid down in Annex I.

6.   The initial operational contribution shall be calculated applying the contribution key, as adjusted, to the initial commitment appropriations entered in the European Union budget definitively adopted for the applicable year for financing the Horizon Europe Programme, increased in accordance with paragraph 4 of this Article.

7.   The participation fee shall be 4% of the annual initial operational contribution as calculated in accordance with paragraph 5 and 6 of this Article and shall be phased in as set out in Annex I. The participation fee shall not be subject to retrospective adjustments or corrections.

8.   The initial operational contribution for a year N may be adjusted upwards or downwards retrospectively in one or more subsequent years on the basis of the budgetary commitments made on the commitment appropriations of that year N, increased in accordance with paragraph 4 of this Article, their implementation through legal commitments and their de-commitments. The detailed provisions for the implementation of this Article are set out in Annex I.

9.   The European Union shall provide Tunisia with information in relation to its financial participation as included in the budgetary, accounting, performance and evaluation related information provided to the European Union budgetary and discharge authorities concerning the Horizon Europe Programme. That information shall be provided having due regard to the European Union’s and Tunisia’s confidentiality and data protection rules and shall be without prejudice to the information which Tunisia is entitled to receive under Annex III.

10.   All contributions of Tunisia or payments from the European Union, and the calculation of amounts due or to be received shall be made in euro.

Article 4

Automatic correction mechanism

1.   An automatic correction mechanism of the initial operational contribution of Tunisia for year N, as adjusted in accordance with Article 3(8), shall apply and shall be calculated in year N+2. It shall be based on the performance of Tunisia and Tunisian legal entities in the parts of the Horizon Europe Programme which are implemented through competitive grants financed from commitment appropriations from the year N, increased in accordance with Article 3(4).

The amount of the automatic correction shall be calculated based on the difference between:

a)

the initial amounts of the legal commitments for competitive grants actually entered into with Tunisia or Tunisian legal entities financed from commitment appropriations of the year N, increased in accordance with Article 3(4); and

b)

the corresponding operational contribution of the year N paid by Tunisia as adjusted pursuant Article 3(8), excluding non-intervention costs financed from commitment appropriations from the year N, increased in accordance with Article 3(4).

2.   Where the amount referred to in paragraph 1, whether that amount is positive or negative, exceeds 8% of the corresponding initial operational contribution as adjusted pursuant to Article 3(8), the initial operational contribution of Tunisia for year N shall be corrected. The amount due by or to be received by Tunisia as an additional contribution or reduction of Tunisia ’s contribution under the automatic correction mechanism shall be the amount exceeding this 8% threshold, the amount below this threshold of 8% will not be taken into account in calculating the additional contribution due or compensated.

3.   Detailed rules on the automatic correction mechanism are laid down in Annex I.

Article 5

Reciprocity

1.   Legal entities established in the European Union may participate in programmes and projects of Tunisia equivalent to the Horizon Europe Programme, in accordance with Tunisia’s legislation.

2.   The non-exhaustive list of the equivalent programmes and projects of Tunisia is provided in Annex II.

3.   Funding by Tunisia of legal entities established in the Union shall be subject to Tunisia’s legislation governing the operation of research and innovation programmes and projects. Where funding is not provided, legal entities established in the Union may participate with their own means.

Article 6

Open Science

The Parties shall mutually promote and encourage open science practices in their programmes and projects in accordance with the rules of the Horizon Europe Programme and Tunisia’s legislation.

Article 7

Monitoring, Evaluation and Reporting

1.   Without prejudice to the responsibilities of the Commission, the European Anti-Fraud Office (OLAF) and the Court of Auditors of the European Union in relation to monitoring and evaluation of the Horizon Europe Programme, the participation of Tunisia in that Programme shall be continuously monitored on a partnership basis involving the Commission and Tunisia.

2.   The rules concerning sound financial management, including the financial control, recovery and other antifraud measures in relation to European Union funding under this Agreement are laid down in Annex III.

Article 8

EU-Tunisia Joint Research and Innovation Committee

1.   The EU-Tunisia Joint Research and Innovation Committee is hereby established (hereinafter referred to as ‘EU-Tunisia Joint Committee’). The tasks of the EU-Tunisia Joint Committee shall include:

a)

assessing, evaluating and reviewing the implementation of this Agreement, in particular:

(i)

the participation and performance of the legal entities of Tunisia in the Horizon Europe Programme;

(ii)

the level of (mutual) openness to the legal entities established in each Party to participate in programmes and projects of the other Party;

(iii)

the implementation of the financial contribution mechanism and the automatic correction mechanism in accordance with Article 3 and 4; and

(iv)

information exchange and examining any possible questions on the exploitation of results, including intellectual property rights;

b)

discussing upon request of either Party restrictions applied or planned by the Parties on access to their respective research and innovation programmes, including in particular for actions related to their strategic assets, interests, autonomy or security;

c)

examining how to improve and develop cooperation;

d)

discussing jointly the future orientations and priorities of policies related to research and innovation and research planning of common interest; and

e)

exchanging information, inter alia, on new legislation, decisions or national research and innovation programmes that are relevant for the implementation of this Agreement.

2.   The EU-Tunisia Joint Committee, which shall be composed of representatives of the European Union and of Tunisia, shall adopt its Rules of Procedure.

3.   The EU-Tunisia Joint Committee may decide to set up any working party/advisory body on an ad hoc basis at expert level that can assist in carrying out the implementation of this Agreement.

4.   The EU-Tunisia Joint Committee shall meet at least once a year, and, whenever special circumstances so require, at the request of any of the Parties. The meetings shall be organised and hosted alternately by the European Union and by Tunisia.

5.   The EU-Tunisia Joint Committee shall work on an on-going basis through an exchange of relevant information by any means of communication, in particular in relation to the participation/performance of the legal entities of Tunisia. The EU-Tunisia Joint Committee may in particular conduct its tasks in writing whenever the need arises.

Article 9

Final provisions

1.   This Agreement shall enter into force on the date on which the Parties have notified each other of the completion of their internal procedures necessary for that purpose.

2.   This Agreement shall apply from 1 January 2021. It shall remain in force for as long as is necessary for all the projects, actions, activities or parts thereof financed from the Horizon Europe Programme, all the actions necessary to protect the financial interests of the European Union and all the financial obligations stemming from the implementation of this Agreement between the Parties to be completed.

3.   The application of this Agreement may be suspended by the European Union in case of partial or full non-payment of the financial contribution due by Tunisia in accordance with point III of paragraph 4 of Annex I under this Agreement.

In case of non-payment which may significantly jeopardise the implementation and management of the Horizon Europe Programme, the Commission shall send a formal letter of reminder. Where no payment is made within 20 working days after the formal letter of reminder, suspension of the application of this Agreement shall be notified by the Commission to Tunisia by a formal letter of notification and shall take effect 15 days following the receipt of this notification by Tunisia.

In case the application of this Agreement is suspended, legal entities established in Tunisia shall not be eligible to participate in award procedures not yet completed when the suspension takes effect. An award procedure shall be considered completed when legal commitments have been entered into as a result of that procedure.

The suspension does not affect the legal commitments entered into with the legal entities established in Tunisia before the suspension took effect. This Agreement shall continue to apply to such legal commitments.

The European Union shall immediately notify Tunisia once the entire amount of the financial contribution due has been received by the European Union. The suspension shall be lifted with an immediate effect upon this notification.

As of the date when the suspension is lifted, legal entities of Tunisia shall be again eligible in award procedures launched after this date and in award procedures launched before this date, for which the deadlines for submission of applications has not expired.

4.   Either Party may terminate this Agreement at any time by a written notification informing of the intent to terminate it. The termination shall take effect three calendar months after the date on which the written notification reaches its addressee. The date on which the termination takes effect shall constitute the termination date for the purposes of this Agreement.

5.   Where this Agreement is terminated in accordance with paragraph 4 of this Article, the Parties agree that:

(a)

projects, actions, activities or parts thereof in respect of which legal commitments have been entered into after the entry into force of this Agreement, and before this Agreement is terminated shall continue until their completions under the conditions laid down in this Agreement;

(b)

the annual financial contribution of the year N during which this Agreement is terminated shall be paid entirely in accordance with Article 3. The operational contribution of the year N shall be adjusted in accordance with Article 3(8) and corrected in accordance with Article 4 of this Agreement. The participation fee paid for the year N shall not be adjusted or corrected;

(c)

following the year during which this Agreement is terminated, the initial operational contributions paid for the years during which this Agreement applied shall be adjusted in accordance with Article 3(8) and shall be automatically corrected in accordance with Article 4 of this Agreement.

The Parties shall settle by common consent any other consequences of termination of this Agreement.

6.   This Agreement may only be amended in writing by common consent of the Parties. The entry into force of the amendments will follow the same procedure as that applicable for the entry into force of this Agreement.

7.   The Annexes to this Agreement shall form an integral part of this Agreement.

This Agreement shall be drawn up in duplicate in English and Arabic, each text being equally authentic. In case of divergence of interpretation, the English text shall prevail.

Done at Brussels and Tunis, this 29 day of March in the year 2022 in two original copies, in English and Arabic.

For the Commission,

on behalf of European Union,

Mariya GABRIEL

For the Republic of Tunisia,

Moncef BOUKTHIR

Commissioner for Innovation, Research, Culture, Education and Youth

Minister for Higher Education and Scientific Research


(1)  OJ L 96, 11.4.2015, p.3.

(2)  OJ L 97, 30.3.1998, p.2.

(3)  This International Agreement constitutes and has the same legal effects as a Memorandum of Understanding stated under the Protocol on the Framework Agreement between the European Union and the Republic of Tunisia on the general principles for the participation of the Republic of Tunisia in Union programmes.

(4)  Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p.1).

(5)  Council Decision (EU) 2021/764 of 10 May 2021 establishing the Specific Programme implementing Horizon Europe – the Framework Programme for Research and Innovation, and repealing Decision 2013/743/EU (OJ L 167I, 12.5.2021, p.1).

(6)  Regulation (EU) 2021/819 of the European Parliament and of the Council of 20 May 2021 on the European Institute of Innovation and Technology (recast) (OJ L 189, 28.5.2021, p.61.).

(7)  Decision (EU) 2021/820 of the European Parliament and of the Council of 20 May 2021 on the Strategic Innovation Agenda of the European Institute of Innovation and Technology (EIT) 2021-2027: Boosting the Innovation Talent and Capacity of Europe and repealing Decision No 1312/2013/EU (OJ L 189, 28.5.2021, p.91.).

(8)  The EU restrictive measures are adopted pursuant to Article 29 of the Treaty on the European Union or Article 215 of the Treaty on the Functioning of the European Union.

(9)  Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (OJ L 206, 8.8.2009, p.1).

(10)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

(11)  This includes notably the resources from the European Union Recovery Instrument established by Council Regulation (EU) 2020/2094 of 14 December 2020 establishing a European Union Recovery Instrument to support the recovery in the aftermath of the COVID-19 crisis (OJ L 433I, 22.12.2020, p. 23).

(12)  OJ L 433I, 22.12.2020, p.23.


ANNEX I

Rules governing the financial contribution of Tunisia to the Horizon Europe Programme (2021-2027)

I.   Calculation of Tunisia’s financial contribution

1.

The financial contribution of Tunisia to the Horizon Europe Programme shall be established on a yearly basis in proportion to, and in addition to, the amount available each year in the Union budget for commitment appropriations needed for the management, execution and operation of the Horizon Europe Programme, increased in accordance with Article 3(4) of this Agreement.

2.

The participation fee referred to in Article 3(7) of this Agreement shall be phased in as follows:

2021: 0,5%;

2022: 1%;

2023: 1,5%;

2024: 2%;

2025: 2,5%;

2026: 3%;

2027: 4%.

3.

In accordance with Article 3(5) of this Agreement, the initial operational contribution to be paid by Tunisia for its participation in the Horizon Europe Programme will be calculated for the respective financial years by applying an adjustment to the contribution key.

The adjustment to the contribution key shall be:

Formula

The coefficient used for the above calculation to adjust the contribution key shall be 0,05.

4.

In line with Article 3(8) of this Agreement, the first adjustment pertaining to the budget implementation of year N shall be made in year N+1 when the initial operational contribution of year N shall be adjusted upwards or downwards by the difference between:

a)

an adjusted contribution calculated by applying the contribution key adjusted of year N to the sum of:

i.

the amount of budgetary commitments made on commitment appropriations authorised for year N under the European Union voted budget and on commitment appropriations corresponding to decommitments made available again; and

ii.

any commitment appropriations based on external assigned revenue that do not result from financial contributions to the Horizon Europe Programme from other donors and that were available at the end of year N (1). For external assigned revenue allocated to Horizon Europe under Article 3(1) of Council Regulation (EU) 2020/2094 establishing a European Union Recovery Instrument to support the recovery in the aftermath of the COVID-19 crisis (2), the annual indicative amounts in the MFF programming shall be used for the purpose of calculating the adjusted contribution.

b)

and the initial operational contribution of year N.

Starting in year N+2, and each subsequent year, until all the budgetary commitments financed under commitment appropriations originating from year N, increased in accordance with Article 3(4) of this Agreement, have been paid or decommitted, and at the latest 3 years after the end of the Horizon Europe Programme, the Union shall calculate an adjustment of the operational contribution of year N by reducing Tunisia operational contribution by the amount obtained by applying the contribution key adjusted of year N to the decommitments made each year on commitments of year N financed under the Union budget or from decommitments made available again.

If the amounts stemming from external assigned revenue of year N (to include commitment appropriations, and, for amounts under Council Regulation (EU) 2020/2094, the annual indicative amounts in the MFF programming) that do not result from financial contributions to the Horizon Europe Programme from other donors are cancelled, the operational contribution of Tunisia shall be reduced by the amount obtained by applying the contribution key adjusted of year N to the amount cancelled.

II.   Automatic correction of Tunisia’s operational contribution

1.

For the calculation of the automatic correction as referred to in Article 4 of this Agreement, the following modalities shall apply:

a)

‘competitive grants’ means grants awarded through calls for proposals where the final beneficiaries can be identified at the time of the calculation of the automatic correction. Financial support to third parties as defined in Article 204 of the Financial Regulation is excluded;

b)

where a legal commitment is signed with a consortium, the amounts used to establish the initial amounts of the legal commitment shall be the cumulative amounts allocated to beneficiaries that are Tunisian entities in accordance with the indicative budget breakdown of the grant agreement;

c)

all amounts of legal commitments corresponding to competitive grants shall be established using the European Commission electronic system eCorda and be extracted on the second Wednesday of February of year N+2;

d)

‘non-intervention costs’ means costs of the Programme other than competitive grants, including support expenditure, programme-specific administration, other actions (3);

e)

amounts allocated to international organisations as legal entities being the final beneficiary (4) shall be considered as non-intervention costs.

2.

The mechanism shall be applied as follows:

a)

Automatic corrections for year N in relation to the execution of commitment appropriations for year N, increased in accordance with Article 3(4) of this Agreement, shall be applied based on data on year N and year N+1 from e-Corda referred to in point c) of paragraph (1) of point (II) of this Annex in year N+2 after any adjustments in accordance with Article 3(8) of this Agreement have been applied to Tunisia’s contribution to the Horizon Europe Programme. The amount considered will be the amount of competitive grants for which data is available, at the time of the calculation of the correction.

b)

Starting in year N+2 and up until 2029, the amount of the automatic correction shall be calculated for year N by taking the difference between:

i.

the total amount of the competitive grants apportioned to Tunisia or Tunisian legal entities as commitments made on budget appropriations of year N; and

ii.

the amount of Tunisia adjusted operational contribution for year N multiplied by the ratio between:

A.

the amount of competitive grants made on commitment appropriations of year N, increased in accordance with Article 3(4) of this Agreement; and

B.

the total of all the authorised budgetary commitment appropriations of year N, including non-intervention costs.

III.   Payment of Tunisia’s financial contribution, payment of the adjustments made on Tunisia’s operational contribution, and payment of the automatic correction applicable to Tunisia’s operational contribution

1.

The Commission shall communicate to Tunisia, as soon as possible and at the latest when issuing the first call for funds of the financial year, the following information:

a.

the amounts in commitment appropriations in the Union budget definitively adopted for the year in question for the budget lines covering participation of Tunisia in the Horizon Europe Programme increased, if relevant, in accordance with Article 3(4) of this Agreement;

b.

the amount of the participation fee referred to in Article 3(7) of this Agreement;

c.

from year N+1 of implementation of the Horizon Europe Programme, the implementation of commitment appropriations corresponding to budgetary year N, increased in accordance with Article 3(4) of this Agreement and the level of decommitment;

d.

for the part of the Horizon Europe Programme where such information is necessary to calculate the automatic correction, the level of commitments entered into in favour of Tunisian legal entities broken down according to the corresponding year of budgetary appropriations and the related total level of commitments.

On the basis of its Draft Budget, the Commission shall provide an estimate of information for the following year under points (a) and (b) as soon as possible, and, at the latest, by 1 September of the financial year.

2.

The Commission shall issue, at the latest in April of each financial year, a call for funds to Tunisia corresponding to its contribution under this Agreement.

Each call for funds shall provide for the payment of Tunisia’s contribution not later than 30 days after the call for funds is issued.

For the first year of implementation of this Agreement, the Commission shall issue a single call for funds, within 60 days following of the date on which this Agreement enters into force.

3.

Each year starting in 2023, the call for funds shall also reflect the amount of the automatic correction applicable to the operational contribution paid for year N-2.

The call for funds issued at the latest in April may also include adjustments of the financial contribution paid by Tunisia for the implementation, management and operation of the previous Framework Programme(s) for Research and Innovation in which Tunisia participated.

For each of the financial years 2028, 2029 and 2030, the amount resulting from the automatic correction applied to the operational contributions paid in 2026 and 2027 by Tunisia or from the adjustments made in accordance with Article 3(8) of this Agreement will be due to or from Tunisia.

4.

Tunisia shall pay its financial contribution under this Agreement in accordance with point (III) of this Annex. In the absence of payment by Tunisia by the due date, the Commission shall send a formal letter of reminder.

Any delay in the payment of the financial contribution shall give rise to the payment of default interest by Tunisia on the outstanding amount from the due date. The interest rate for amounts receivable not paid on the due date shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by one and half percentage points.


(1)  This includes notably the resources from the European Union Recovery Instrument established by Council Regulation (EU) 2020/2094 of 14 December 2020 establishing a European Union Recovery Instrument to support the recovery in the aftermath of the COVID-19 crisis (OJ L 433I, 22.12.2020, p.23.).

(2)  OJ L 433I, 22.12.2020, p.23.

(3)  Other actions include notably procurement, prizes, financial instruments, direct actions of the Joint Research Centre, Subscriptions (OECD, Eureka, IPEEC, IEA, …), experts (evaluators, monitoring of projects) etc.

(4)  International organisations would only be considered as non-intervention costs if they are final beneficiaries. This will not apply where an international organisation is a coordinator of a project (distributing funds to other coordinators).


ANNEX II

Non-exhaustive list of the equivalent programmes and projects of Tunisia

The following non-exhaustive list shall be regarded as programmes and projects equivalent to the Horizon Europe Programme in Tunisia:

Early Career Researchers Programme (PJEC);

Excellence Promoting Research Programme;

Valorisation of Post Graduated Research Programme;

Joint Research Programme (PRF);

PAQ Collaborative Programme;

Valorisation of Research Results Projects (VRR);

Mobility programme for Postgraduates to industry (MOBIDOC).


ANNEX III

Sound Financial Management

Protection of financial interests and recover

Article 1

Reviews and audits

1.   The European Union shall have the right to conduct, in accordance with the applicable acts of one or more Union institutions or bodies and as provided in relevant agreements and/or contracts, technical, scientific, financial, or other types of reviews and audits on the premises of any natural person residing in or any legal entity established in Tunisia and receiving European Union funding, as well as any third party involved in the implementation of Union funds residing or established in Tunisia. Such review and audits may be carried out by the agents of the institutions and bodies of the European Union, in particular of the European Commission and the European Court of Auditors, or by other persons mandated by the European Commission.

2.   The agents of the institutions and bodies of the European Union, in particular of the European Commission and the European Court of Auditors, and the other persons mandated by the European Commission, shall have appropriate access to sites, works and documents (both in electronic and paper versions) and to all the information required in order to carry out such audits, including the right of obtaining a physical/electronic copy of, and extracts from, any document or the contents of any data medium held by the audited natural or legal person , or by the audited third party.

3.   Tunisia shall not prevent or raise any particular obstacle to the right of entrance in Tunisia and to the access to the premises of the agents and other persons referred to in paragraph 2 on the grounds of the exercise of their duties referred to in this Article.

4.   The reviews and audits may be carried out, also after the suspension of application of this Agreement pursuant to its Article 9(5), or its termination, on the terms laid down in the applicable acts of one or more European Union institutions or bodies and as provided in relevant agreements and/or contracts in relation to any legal commitment implementing the European Union budget entered into by the European Union before the date on which the suspension of application of this Agreement pursuant to its Article 9(5), or termination of this Agreement takes effect.

Article 2

Fight against irregularities, fraud and other criminal offences affecting the financial interests of the Union

1.   The European Commission and the European Anti-Fraud Office (OLAF) shall be authorised to carry out administrative investigations, including on-the-spot checks and inspections, on the territory of Tunisia. These investigations shall be carried out in accordance with the terms and conditions established by applicable acts of one or more Union institutions.

2.   The competent Tunisian authorities shall inform the European Commission or OLAF within reasonable time of any fact or suspicion which has come to their notice relating to an irregularity, fraud or other illegal activity affecting the financial interests of the Union.

3.   On-the-spot checks and inspections may be carried out on the premises of any natural person residing in or legal entity established in Tunisia and receiving Union funds, as well as of any third party involved in the implementation of Union funds residing or established in Tunisia.

4.   On-the-spot checks and inspections shall be prepared and conducted by the European Commission or OLAF in close collaboration with the competent Tunisian authority designated by the Tunisian government. The designated authority shall be notified a reasonable time in advance of the object, purpose and legal basis of the checks and inspections, so that it can provide assistance. To that end, the officials of the competent Tunisian authorities may participate in the on-the-spot checks and inspections.

5.   Upon request by the Tunisian authorities, the on-the-spot checks and inspections may be carried out jointly with the European Commission or OLAF.

6.   Commission agents and OLAF staff shall have access to all the information and documentation, including computer data, on the operations concerned, which are required for the proper conduct of the on-the-spot checks and inspections. They may, in particular, copy relevant documents.

7.   Where the person, entity or another third party resists an on-the-spot check or inspection, the Tunisian authorities, acting in accordance with national rules and regulations, shall assist the European Commission or OLAF, to allow them to fulfil their duty in carrying out an on-the-spot check or inspection. This assistance shall include taking the appropriate precautionary measures under national law, in particular in order to safeguard evidence.

8.   The European Commission or OLAF shall inform the Tunisian authorities of the result of such checks and inspections. In particular, the European Commission or OLAF shall report as soon as possible to the competent Tunisian authority any fact or suspicion relating to an irregularity which has come to their notice in the course of the on-the-spot check or inspection.

9.   Without prejudice to application of Tunisian criminal law, the European Commission may impose administrative measures and penalties on legal or natural persons of Tunisia participating in the implementation of a programme or activity in accordance with European Union legislation.

10.   For the purposes of proper implementation of this Article, the European Commission or OLAF and the Tunisian competent authorities shall regularly exchange information and, at the request of one of the parties to this Agreement, consult each other.

11.   In order to facilitate effective cooperation and exchange of information with OLAF, Tunisia shall designate a contact point.

12.   Information exchanged between the European Commission or OLAF and the Tunisian competent authorities shall take place having due regard to the confidentiality requirements. Personal data included in the exchange of information shall be protected in accordance with applicable rules.

13.   The Tunisian authorities shall cooperate with the European Public Prosecutor’s Office to allow it to fulfil its duty to investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the financial interests of the European Union in accordance with the applicable legislation.

Article 3

Recovery and enforcement

1.   Decisions adopted by the European Commission imposing a pecuniary obligation on legal or natural persons other than States in relation to any claims stemming from the Horizon Europe Programme shall be enforceable in Tunisia. The order for enforcement shall be appended to the decision, without any other formality than a verification of the authenticity of the decision by the national authority designated for this purpose by the government of Tunisia. The government of Tunisia shall make known its designated national authority to the Commission and the Court of Justice of the European Union. In accordance with Article 4, the European Commission shall be entitled to notify such enforceable decisions directly to persons residing and legal entities established in Tunisia. Enforcement shall take place in accordance with the Tunisia law and rules of procedure.

2.   Judgments and orders of the Court of Justice of the European Union delivered in application of an arbitration clause contained in a contract or agreement in relation to Union programmes, activities, actions or projects shall be enforceable in Tunisia in the same manner as European Commission decisions referred to in paragraph (1).

3.   The Court of Justice of the European Union shall have jurisdiction to review the legality of the decision of the Commission referred to in paragraph 1 and to suspend its enforcement. However, the Courts of Tunisia shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.

Article 4

Communication and exchange of information

The European Union institutions and bodies involved in the implementation of the Horizon Europe Programme, or in controls over that programme, shall be entitled to communicate directly, including through electronic exchange systems, with any natural person residing in or legal entity established in Tunisia and receiving Union funds, as well as any third party involved in the implementation of Union funds residing or established in Tunisia. Such persons, entities and parties may submit directly to the European Union institutions and bodies all relevant information and documentation which they are required to submit on the basis of the European Union legislation applicable to the Union programme and of the contracts or agreements concluded to implement that programme.


REGULATIONS

28.11.2022   

EN

Official Journal of the European Union

L 307/17


COUNCIL REGULATION (EU) 2022/2309

of 25 November 2022

concerning restrictive measures in view of the situation in Haiti

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision (CFSP) 2022/2319 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti (1),

Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,

Whereas:

(1)

On 21 October 2022, the United Nations Security Council adopted Resolution 2653 (2022) which establishes a framework for targeted restrictive measures in view of the situation in Haiti.

(2)

In accordance with the United Nations Security Council Resolution (UNSCR) 2653 (2022), on 25 November 2022, the Council adopted Decision (CFSP) 2022/2319, which provides for travel restrictions, a targeted arms embargo, the freezing of funds and economic resources of, and a prohibition to make funds and economic resources available to, persons, entities or bodies engaged in or supporting gangs involved in violence, criminal activities or human rights abuses which undermine the peace, stability and security of Haiti and the region. Persons, entities and bodies subject to those restrictive measures, as designated by the Committee established by paragraph 19 of UNSCR 2653 (2022), are listed in the Annex to Decision (CFSP) 2022/2319. In accordance with UNSCR 2653 (2022), Decision (CFSP) 2022/2319 includes one person in the Annex thereto.

(3)

Certain of those measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring its uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them.

(4)

This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to an effective remedy and to a fair trial, the rights of defence and the right to the protection of personal data. This Regulation should be applied in accordance with those rights.

(5)

The power to establish and amend the list in Annex I to this Regulation should be exercised by the Council in order to ensure consistency with the process for establishing, amending and reviewing the Annex to Decision (CFSP) 2022/2319.

(6)

The procedure for amending the list set out in Annex I to this Regulation should include providing designated natural or legal persons, entities or bodies with the grounds for listing, so as to give them an opportunity to submit observations.

(7)

For the implementation of this Regulation, and in order to ensure maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources are to be frozen in accordance with this Regulation should be made public. Any processing of personal data should comply with Regulations (EU) 2016/679 (2) and (EU) 2018/1725 (3) of the European Parliament and of the Council.

(8)

Member States and the Commission should inform each other of the measures taken pursuant to this Regulation and of other relevant information at their disposal in connection with this Regulation.

(9)

Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and make sure that they are implemented. Those penalties should be effective, proportionate and dissuasive,

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation, the following definitions apply:

(a)

‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after 28 November 2022, under or in connection with a contract or transaction, and in particular:

(i)

a claim for performance of any obligation arising under or in connection with a contract or transaction;

(ii)

a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;

(iii)

a claim for compensation in respect of a contract or transaction;

(iv)

a counterclaim;

(v)

a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;

(b)

‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;

(c)

‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II;

(d)

‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but which may be used to obtain funds, goods or services;

(e)

‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;

(f)

‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;

(g)

‘funds’ means financial assets and benefits of every kind, including, but not limited to:

(i)

cash, cheques, claims on money, drafts, money orders and other payment instruments;

(ii)

deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;

(iii)

publicly and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative contracts;

(iv)

interest, dividends or other income on or value accruing from or generated by assets;

(v)

credit, right of set-off, guarantees, performance bonds or other financial commitments;

(vi)

letters of credit, bills of lading, bills of sale;

(vii)

documents showing evidence of an interest in funds or financial resources;

(h)

‘Sanctions Committee’ means the Committee of the United Nations Security Council established pursuant to paragraph 19 of UNSCR 2653 (2022);

(i)

‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;

(j)

‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.

Article 2

It shall be prohibited to:

(a)

provide technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, directly or indirectly to any natural or legal person, entity or body, as listed in Annex I;

(b)

provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, directly or indirectly to any natural or legal person, entity or body, as listed in Annex I.

Article 3

1.   All funds and economic resources belonging to, owned, held or controlled by any natural or legal person, entity or body as listed in Annex I shall be frozen.

2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in Annex I.

Article 4

1.   Annex I shall include natural or legal persons, entities and bodies identified by the United Nations Security Council (the ‘Security Council’) or the Sanctions Committee as being responsible for or complicit in, or having engaged in, directly or indirectly, actions that threaten the peace, security or stability of Haiti, including but not limited to natural or legal persons having threatened the peace, security or stability of Haiti through any of the following actions:

(a)

engaging in, directly or indirectly, or supporting criminal activities and violence involving armed groups and criminal networks that promote violence, including forcible recruitment of children by such groups and networks, kidnappings, trafficking in persons and the smuggling of migrants, and homicides and sexual and gender-based violence;

(b)

supporting illicit trafficking and diversion of arms and related materiel, or illicit financial flows related thereto;

(c)

acting for or on behalf of or at the direction of or otherwise supporting or financing a person or entity designated in connection with the activity described in points (a) and (b), including through the direct or indirect use of the proceeds from organised crime, including proceeds from illicit production and trafficking in drugs and their precursors originating in or transiting through Haiti, the trafficking in persons and the smuggling of migrants from Haiti or the smuggling and trafficking of arms to or from Haiti;

(d)

acting in violation of the arms embargo established in paragraph 11 of UNSCR 2653 (2022), or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in Haiti, or as having been the recipient of, arms or any related materiel, or any technical advice, training or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in Haiti;

(e)

planning, directing, or committing acts that violate international human rights law or acts that constitute human rights abuses, including those involving extrajudicial killing, including of women and children, and the commission of acts of violence, abduction, enforced disappearances or kidnappings for ransom in Haiti;

(f)

planning, directing or committing acts involving sexual and gender-based violence, including rape and sexual slavery, in Haiti;

(g)

obstructing delivery of humanitarian assistance to Haiti or access to, or distribution of, humanitarian assistance in Haiti;

(h)

attacking personnel or premises of United Nations missions and operations in Haiti, or providing support for such attacks.

2.   Annex I shall include the grounds for the listing of natural or legal persons, entities or bodies concerned.

3.   Annex I shall include, where available, information provided by the Security Council or by the Sanctions Committee necessary to identify the natural or legal persons, entities or bodies concerned. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address, if known, and function or profession. With regard to legal persons, entities or bodies, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the Security Council or by the Sanctions Committee.

Article 5

Article 3(1) and (2) shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance or to support other activities that support basic human needs in Haiti, by the United Nations, its specialised agencies or programmes, humanitarian organisations having observer status with the United Nations General Assembly that provide humanitarian assistance and their implementing partners including bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plan for Haiti.

Article 6

1.   By way of derogation from Article 3, the competent authorities may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:

(a)

necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annex I, and dependent family members of such natural persons, including payments for food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges;

(b)

intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;

(c)

intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;

provided that the competent authority of the Member State concerned has notified the Sanctions Committee of that determination and of its intention to grant an authorisation and in the absence of a negative decision by the Sanctions Committee within 5 working days of such notification.

2.   By way of derogation from Article 3, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are necessary for extraordinary expenses, provided that such determination has been notified to the Sanctions Committee by the competent authority of the Member State concerned and that the determination has been approved by that Committee.

3.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1 and 2 within 2 weeks of the authorisation.

Article 7

1.   By way of derogation from Article 3(1), the competent authorities may authorise the release of certain frozen funds or economic resources, if the following conditions are met:

(a)

the funds or economic resources are the subject of a judicial, administrative or arbitral lien established prior to the date on which the natural or legal person, entity or body referred to in Article 4 was included in Annex I, or of a judicial, administrative or arbitral judgement rendered prior to that date;

(b)

the funds or economic resources will be used exclusively to satisfy claims secured by, or recognised as valid in, such a lien or judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

(c)

the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I;

(d)

recognition of the decision is not contrary to public policy in the Member State concerned; and

(e)

the Sanctions Committee has been notified by the Member State of the lien or judgment.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within 2 weeks of the authorisation.

Article 8

1.   By way of derogation from Article 3(1) and provided that a payment by a natural or legal person, entity or body listed in Annex I is due under a contract or agreement that was concluded by, or an obligation that arose for, the natural or legal person, entity or body concerned, before the date on which that natural or legal person, entity or body was included in Annex I, the competent authorities may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:

(a)

the funds or economic resources will be used for the payment by a natural or legal person, entity or body listed in Annex I;

(b)

the payment is not in breach of Article 3(2); and

(c)

the Sanctions Committee has been notified by the relevant Member State of the intention to grant an authorisation 10 working days in advance.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within 2 weeks of the authorisation.

Article 9

1.   Article 3(2) shall not prevent the crediting of frozen accounts by financial or credit institutions that receive funds transferred by third parties onto the account of a listed natural or legal person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the relevant competent authority about any such transaction without delay.

2.   Article 3(2) shall not apply to the addition to frozen accounts of:

(a)

interest or other earnings on those accounts;

(b)

payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 4 was included in Annex I; or

(c)

payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned,

provided that any such interest, other earnings and payments remain subject to the measures provided for in Article 3(1).

Article 10

1.   Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:

(a)

supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 3(1), to the competent authority of the Member State where they are resident or located, and transmit such information, directly or through the Member State, to the Commission; and

(b)

cooperate with the competent authority in any verification of the information referred to in point (a).

2.   Any additional information received directly by the Commission shall be made available to the Member States.

3.   Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.

Article 11

1.   It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Articles 2 and 3.

2.   Natural or legal persons, entities or bodies listed in Annex I, shall:

(a)

report before 9 January 2023 or within 6 weeks from the date of listing in Annex I, whichever is latest, funds or economic resources within the jurisdiction of a Member State belonging to, owned, held or controlled by them, to the competent authority of the Member State where those funds or economic resources are located; and

(b)

cooperate with the competent authority in any verification of such information.

3.   Failure to comply with paragraph 2 shall be considered as participation, as referred to in paragraph 1, in activities the object or effect of which is to circumvent the measures referred to in Article 2.

4.   The Member State concerned shall inform the Commission within 2 weeks of the information received pursuant to paragraph 2, point (a).

5.   The obligation in paragraph 2, point (a) shall not apply until 1 January 2023 with regard to funds or economic resources located in a Member State that had laid down a similar reporting obligation under national law before 28 November 2022.

6.   Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.

7.   Any processing of personal data shall be carried out in accordance with this Regulation, Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 of the European Parliament and of the Council and only in so far as necessary for the application of this Regulation.

Article 12

1.   The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence.

2.   Actions by natural or legal persons, entities or bodies shall not give rise to any liability of any kind on their part if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Regulation.

Article 13

1.   No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

(a)

natural or legal persons, entities or bodies listed in Annex I;

(b)

any natural or legal person, entity or body acting through or on behalf of one of the natural or legal persons, entities or bodies referred to in point (a).

2.   In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim.

3.   This Article is without prejudice to the right of the natural or legal persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.

Article 14

1.   The Commission and Member States shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of:

(a)

funds frozen under Article 3(1) and authorisations granted under Articles 6, 7 and 8;

(b)

violation and enforcement problems and judgments handed down by national courts.

2.   The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation.

Article 15

The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.

Article 16

1.   Where the Security Council or the Sanctions Committee lists a natural or legal person, entity or body and has provided a statement of reasons for the designation, the Council shall include that natural or legal person, entity or body in Annex I. The Council shall communicate its decision and the statement of reasons to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing that natural or legal person, entity or body with an opportunity to present observations.

2.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body accordingly.

3.   Where the Security Council or the Sanctions Committee decides to de-list a natural or legal person, entity or body, or to amend the identifying data of a listed natural or legal person, entity or body, the Council shall amend Annex I accordingly.

Article 17

1.   Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

2.   Member States shall notify the Commission of the rules referred to in paragraph 1 without delay after 28 November 2022 and shall notify it of any subsequent amendment.

Article 18

1.   The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall process personal data in order to carry out their tasks under this Regulation. Those tasks include:

(a)

as regards the Council, preparing and making amendments to Annex I;

(b)

as regards the High Representative, preparing amendments to Annex I;

(c)

as regards the Commission:

(i)

adding the contents of Annex I to the electronic, consolidated list of persons, groups and entities subject to Union financial sanctions and to the interactive sanctions map, both publicly available;

(ii)

processing information on the impact of the measures provided for in this Regulation such as the value of frozen funds and information on authorisations granted by the competent authorities.

2.   The Council, the Commission and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions of such persons or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of Annex I.

3.   For the purposes of this Regulation, the Council, the Commission service listed in Annex II to this Regulation and the High Representative are designated as ‘controller’ within the meaning of Article 3, point (8), of Regulation (EU) 2018/1725, in order to ensure that the natural persons concerned can exercise their rights under Regulation (EU) 2018/1725.

Article 19

1.   Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed in Annex II. Member States shall notify the Commission of any changes in the addresses of their websites listed in Annex II.

2.   Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after 28 November 2022, and shall notify it of any subsequent amendment.

3.   Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex II.

Article 20

This Regulation shall apply:

(a)

within the territory of the Union, including its airspace;

(b)

on board any aircraft or vessel under the jurisdiction of a Member State;

(c)

to any natural person inside or outside the territory of the Union who is a national of a Member State;

(d)

to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;

(e)

to any legal person, entity or body in respect of any business done in whole or in part within the Union.

Article 21

This Regulation shall enter into force on the date 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, 25 November 2022.

For the Council

The President

J. SÍKELA


(1)  See page 135 of this Official Journal.

(2)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(3)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).


ANNEX I

List of natural and legal persons, entities and bodies referred to in Article 2, 3 and 9

PERSONS

1.

Jimmy Cherizier (alias ‘Barbeque’) has engaged in acts that threaten the peace, security, and stability of Haiti and has planned, directed or committed acts that constitute serious human rights abuses.

Designation: 21 October 2022

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Jimmy Cherizier is one of Haiti’s most influential gang leaders and leads an alliance of Haitian gangs known as the ‘G9 Family and Allies.’

While serving as an officer in the Haitian National Police (HNP), Cherizier planned and participated in the November 2018 deadly attack against civilians in a Port-au-Prince neighbourhood known as La Saline. During this attack, at least 71 people were killed, over 400 houses were destroyed and at least seven women were raped by armed gangs. Throughout 2018 and 2019, Cherizier led armed groups in coordinated, brutal attacks in Port-au-Prince neighbourhoods. In May 2020, Cherizier led armed gangs in a 5-day attack in multiple Port-au-Prince neighbourhoods in which civilians were killed and houses were set on fire. As of 11 October 2022, Cherizier and his G9 gang confederation are actively blocking the free movement of fuel from the Varreux fuel terminal – the largest in Haiti. His actions have directly contributed to the economic paralysis and humanitarian crisis in Haiti.


ANNEX II

Websites for information on the competent authorities and address for notifications to the Commission

BELGIUM

https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions

BULGARIA

https://www.mfa.bg/en/EU-sanctions

CZECHIA

www.financnianalytickyurad.cz/mezinarodni-sankce.html

DENMARK

http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/

GERMANY

https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html

ESTONIA

https://vm.ee/sanktsioonid-ekspordi-ja-relvastuskontroll/rahvusvahelised-sanktsioonid

IRELAND

https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/

GREECE

http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html

SPAIN

https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/fr/autorites-sanctions/

CROATIA

https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955

ITALY

https://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/

CYPRUS

https://mfa.gov.cy/themes/

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt/sanctions

LUXEMBOURG

https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.html

HUNGARY

https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato

MALTA

https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx

NETHERLANDS

https://www.rijksoverheid.nl/onderwerpen/internationale-sancties

AUSTRIA

https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/

POLAND

https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe

https://www.gov.pl/web/diplomacy/international-sanctions

PORTUGAL

http://www.portugal.gov.pt/pt/ministerios/mne/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx

ROMANIA

http://www.mae.ro/node/1548

SLOVENIA

http://www.mzz.gov.si/si/omejevalni_ukrepi

SLOVAKIA

https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu

FINLAND

https://um.fi/pakotteet

SWEDEN

https://www.regeringen.se/sanktioner

Address for notifications to the European Commission:

European Commission

Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)

Rue de Spa 2

1049 Brussels

BELGIUM

E-mail: relex-sanctions@ec.europa.eu


28.11.2022   

EN

Official Journal of the European Union

L 307/29


COMMISSION DELEGATED REGULATION (EU) 2022/2310

of 18 October 2022

amending the regulatory technical standards laid down in Delegated Regulation (EU) No 149/2013 as regards the value of the clearing threshold for positions held in OTC commodity derivative contracts and other OTC derivative contracts

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Article 10(4), third subparagraph, thereof,

Whereas:

(1)

Commission Delegated Regulation (EU) No 149/2013 (2) specifies, among others, the values of the clearing thresholds for the purpose of the clearing obligation.

(2)

Pursuant to Article 10(4), fourth subparagraph, of Regulation (EU) No 648/2012, the European Securities and Markets Authority (ESMA) is to periodically review the values of those clearing thresholds and to propose regulatory technical standards to amend them. That review is to be preceded by a consultation of the European Systemic Risk Board (ESRB) and other relevant authorities and has to take into account, where necessary, the interconnectedness of financial counterparties.

(3)

For some third-country jurisdictions, no equivalence decision as referred to in Article 2a of Regulation (EU) No 648/2012 has yet been adopted. As a result, contracts executed on markets in those third-country jurisdictions are considered OTC and, although being cleared by recognised CCPs, count towards the clearing thresholds. In addition, commodity prices have recently increased, significantly exacerbated by Russia’s unprovoked and unjustified military aggression against Ukraine. Those reasons call for a corresponding adjustment of the current threshold for commodity derivatives. The clearing threshold value for positions held in OTC commodity derivatives should therefore be increased from EUR 3 billion to EUR 4 billion.

(4)

Delegated Regulation (EU) No 149/2013 should therefore be amended accordingly.

(5)

This Regulation is based on a report and the draft regulatory technical standards submitted to the Commission by ESMA.

(6)

ESMA conducted an open public consultation on the clearing thresholds for different asset classes and in particular on the clearing thresholds for commodity derivative asset classes. Given the limited scope of the amendment and its urgency in view of the rapidly increasing commodity prices, it would be highly disproportionate for ESMA to conduct an additional open public consultation on these draft regulatory technical standards. ESMA consulted the ESRB in accordance with Article 10(4), fourth subparagraph, of Regulation (EU) No 648/2012 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)

(7)

Given the recent increase of in commodity prices and its effect on non-financial counterparties taking positions in OTC commodity derivative contracts, it is necessary to adjust the clearing threshold value for positions held by non-financial counterparties in OTC commodity derivatives as quickly as possible. In the light of the current energy crisis and inflation, ESMA shall assess the impact of the revised threshold and come forward with amendments if deemed necessary and appropriate. This Regulation should therefore enter into force as a matter of urgency,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment to Delegated Regulation (EU) No 149/2013

In Article 11 of Delegated Regulation (EU) No 149/2013, point (e) is replaced by the following:

‘(e)

EUR 4 billion in gross notional value for OTC commodity derivative contracts and other OTC derivative contracts not provided for under points (a) to (d).’.

Article 2

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, 18 October 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 201, 27.7.2012, p. 1.

(2)  Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on indirect clearing arrangements, the clearing obligation, the public register, access to a trading venue, non-financial counterparties, and risk mitigation techniques for OTC derivatives contracts not cleared by a CCP (OJ L 52, 23.2.2013, p. 11).

(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).


28.11.2022   

EN

Official Journal of the European Union

L 307/31


COMMISSION DELEGATED REGULATION (EU) 2022/2311

of 21 October 2022

amending the regulatory technical standards laid down in Delegated Regulation (EU) No 153/2013 as regards temporary emergency measures on collateral requirements

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Article 46(3) thereof,

Whereas:

(1)

Commission Delegated Regulation (EU) No 153/2013 (2) lays down regulatory technical standards on requirements for central counterparties (CCPs) to accept highly liquid collateral with minimal credit and market risk.

(2)

Recent political and market developments have led to significant price and volatility increases on energy markets, which have triggered substantial margin increases by CCPs to cover the related exposures. Those margin increases have created liquidity strains on non-financial counterparties, which typically have fewer and less liquid assets to meet margin requirements. As a consequence, those non-financial counterparties have been forced to either reduce their positions or leave them not properly hedged, which exposes them to further price variations.

(3)

In order to ensure the smooth functioning of the Union financial and energy markets under the current circumstances and to alleviate the liquidity pressure on non-financial counterparties active on gas and electricity regulated markets cleared in CCPs established in the Union, the pool of eligible collateral available to non-financial clearing members should temporarily be expanded to include uncollateralised bank guarantees.

(4)

In order to contain the liquidity strains observed on energy derivative markets, guarantees issued or backed by public entities should also be considered as eligible collateral for financial and non-financial counterparties by the CCP, given that those guarantees have low counterparty credit risk and are irrevocable, unconditional and can be honoured within the period of liquidation of the portfolio of the defaulting clearing member, therefore carrying limited liquidity risk.

(5)

The risks related to an expansion of eligible collateral to uncollateralised bank guarantees and public guarantees are expected to remain limited, as the expansion would be subject to the risk management safeguards of the CCP and all other applicable requirements, as laid down in Delegated Regulation (EU) No 153/2013, would continue to apply.

(6)

Delegated Regulation (EU) No 153/2013 should therefore be amended accordingly.

(7)

In order to further limit the risks associated to the acceptance of uncollateralised bank guarantees for non-financial clearing members and public guarantees for financial and non-financial clearing members as collateral, those measures should be of temporary nature and granted for a period of 12 months, providing relief to market participants and incentivising them to return to the markets.

(8)

In the light of the recent market developments, it is necessary to expand the pool of eligible collateral available to non-financial clearing members as quickly as possible. This Regulation should therefore enter into force as a matter of urgency.

(9)

This Regulation is based on draft regulatory technical standards submitted to the Commission by the European Securities and Markets Authority (ESMA), after consulting the European Banking Authority, the European Systemic Risk Board and the European System of Central Banks.

(10)

ESMA has not conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, nor did it analyse the potential costs and benefits, as this would have been highly disproportionate to the scope and impact of the amendments to be adopted, taking into account the urgent nature and the limited scope of the proposed changes. Given the urgency, ESMA has not 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). The Securities and Markets Stakeholder Group will be informed thereof pursuant to that provision,

HAS ADOPTED THIS REGULATION:

Article 1

Delegated Regulation (EU) No 153/2013 is amended as follows:

(1)

in Article 39, the following second paragraph is added:

‘Until 29 November 2023, for the purposes of Article 46(1) of Regulation (EU) No 648/2012, public guarantees that meet the conditions set out in Annex I shall be considered as highly liquid collateral.’;

(2)

in Article 62, second paragraph, the following sentence is added:

‘However, Section 2, paragraph 1, point (h), of Annex I shall not apply in respect of transactions on derivatives, as referred to in Article 2(4), points (b) and (d), of Regulation (EU) No 1227/2011 from 29 November 2022 to 29 November 2023.’;

(3)

Annex I is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 21 October 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 201, 27.7.2012, p. 1.

(2)  Commission Delegated Regulation (EU) No 153/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on requirements for central counterparties (OJ L 52, 23.2.2013, p. 41).

(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

In Annex I to Delegated Regulation (EU) No 153/2013, the following Section 2a is inserted:

SECTION 2a

Public guarantees

Until 29 November 2023, a public guarantee that does not meet the conditions for a central bank guarantee set out in Section 2, paragraph 2, shall meet all of the following conditions to be accepted as collateral under Article 46(1) of Regulation (EU) No 648/2012:

(a)

it is explicitly issued or guaranteed by any of the following:

(i)

a central government in the EEA;

(ii)

regional governments or local authorities in the EEA, where there is no difference in risk between exposures of regional governments or local authorities and the central government of that Member State because of the specific revenue-raising powers of the former, and the existence of specific institutional arrangements the effect of which is to reduce their risk of default;

(iii)

the European Financial Stability Facility, the European Stability Mechanism, or the Union, where applicable;

(iv)

a multilateral development bank as listed under Article 117(2) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (*1) and established in the Union;

(b)

the CCP can demonstrate that it has low credit risk based upon an internal assessment by the CCP;

(c)

it is denominated in one of the following currencies:

(i)

a currency the risk of which the CCP can demonstrate to the competent authorities that it is able to adequately manage;

(ii)

a currency in which the CCP clears transactions, in the limit of the collateral required to cover the CCP’s exposures in that currency;

(d)

it is irrevocable, unconditional and the issuing and guaranteeing entities cannot rely on any legal or contractual exemption or defence to oppose the payment of the guarantee;

(e)

it can be honoured within the period of liquidation of the portfolio of the defaulting clearing member providing it without any regulatory, legal or operational constraint or any third party claim on it.

For the purposes of point (b), the CCP shall employ, in performing the assessment referred to in that point, defined and objective methodology that shall not fully rely on external opinions.


(*1)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).’’


28.11.2022   

EN

Official Journal of the European Union

L 307/34


COMMISSION IMPLEMENTING REGULATION (EU) 2022/2312

of 25 November 2022

on eight-yearly variables in the labour force domain on ‘young people on the labour market’, ‘educational attainment – details, including education interrupted or abandoned’ and ‘reconciliation of work and family life’ pursuant to Regulation (EU) 2019/1700 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/1700 of the European Parliament and of the Council of 10 October 2019 establishing a common framework for European statistics relating to persons and households, based on data at individual level collected from samples, amending Regulations (EC) No 808/2004, (EC) No 452/2008 and (EC) No 1338/2008 of the European Parliament and of the Council, and repealing Regulation (EC) No 1177/2003 of the European Parliament and of the Council and Council Regulation (EC) No 577/98 (1), and in particular Article 7(1) points (a) and (d) thereof,

Whereas:

(1)

To ensure an accurate and comparable data collection in the labour force domain, the Commission should specify the technical items of the data sets for the eight-yearly variables to be collected for the first time in the years 2024 and 2025.

(2)

The Commission should specify the description of the data sets for the eight-yearly variables in the labour force domain on ‘young people on the labour market’, ‘educational attainment – details, including education interrupted or abandoned’ and ‘reconciliation of work and family life’.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee set up by Article 7 of Regulation (EC) No 223/2009 of the European Parliament and of the Council (2),

HAS ADOPTED THIS REGULATION:

Article 1

The description of the data sets for the eight-yearly variables in the labour force domain on ‘young people on the labour market’ and ‘educational attainment – details, including education interrupted or abandoned’ (first implementation in 2024) and ‘reconciliation of work and family life’ (first implementation in 2025) shall be as set out in the Annex.

Article 2

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

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

Done at Brussels, 25 November 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 261 I, 14.10.2019, p. 1.

(2)  Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).


ANNEX

Description and technical format of the eight-yearly variables in the labour force domain to be collected on ‘young people on the labour market’, ‘educational attainment – details, including education interrupted or abandoned’ (first implementation in 2024) and ‘reconciliation of work and family life’ (first implementation in 2025) and codification to be used

Topic

Detailed topic

Variable identifier

Variable name

Codes

Labels

Filter

Filter labels

Minimum set of variables

Variable type

3e. Labour market participation

Young people on the labour market

LEVMATCH

Match between educational attainment level and current or last main job

1

Educational attainment level matches what is required by the job

15 ≤ AGE ≤ 34 and (EMPSTAT = 1 or EXISTPR = 2, 3)

Persons aged 15 to 34 years in employment or not in employment but have been previously in employment

Not relevant

Collected

2

Educational attainment level is higher than required by the job

3

Educational attainment level is lower than required by the job

Blank

Not stated

9

Not applicable

3e. Labour market participation

Young people on the labour market

FIELDMATCH

Match between field of the highest level of education successfully completed and current or last main job

1

Very large extent

15 ≤ AGE ≤ 34 and (EMPSTAT = 1 or EXISTPR = 2, 3) and HATFIELD = 001 – 109

Persons aged 15 to 34 years in employment or not in employment but have been previously in employment with information about the field of the highest level of education successfully completed

Not relevant

Collected

2

Large extent

3

Some extent

4

Little extent

5

No extent

6

No job requirements

7

No particular field of educational qualification when previously in employment

Blank

Not stated

9

Not applicable

3e. Labour market participation

Young people on the labour market

SKILLMATCH

Match between skills and current or last main job

1

Skills match what is required by the job

15 ≤ AGE ≤ 34 and (EMPSTAT = 1 or EXISTPR = 2, 3)

Persons aged 15 to 34 years in employment or not in employment but have been previously in employment

Not relevant

Collected

2

Skills are higher than required by the job

3

Skills are lower than required by the job

Blank

Not stated

9

Not applicable

4b. Educational attainment and background

Educational attainment – details, including education interrupted or abandoned

DROPEDUC

Formal education or training abandoned

1

Yes, one

15 ≤ AGE ≤ 34

Everybody in the target population aged 15 to 34 years

Not relevant

Collected

2

Yes, several

3

No

Blank

Not stated

9

Not applicable

4b. Educational attainment and background

Educational attainment – details, including education interrupted or abandoned

DROPEDUCLEVEL

Level of the formal education or training abandoned

10

ISCED 1 Primary education

DROPEDUC = 1, 2

Persons with formal education or training abandoned (one or several)

Not relevant

Collected

20

ISCED 2 Lower secondary education

34

ISCED 3 Upper secondary education – general

35

ISCED 3 Upper secondary education – vocational

39

ISCED 3 Upper secondary education – orientation unknown

44

ISCED 4 Post-secondary non-tertiary education – general

45

ISCED 4 Post-secondary non-tertiary education – vocational

49

ISCED 4 Post-secondary non-tertiary education – orientation unknown

54

ISCED 5 Short-cycle tertiary education – general

55

ISCED 5 Short-cycle tertiary education – vocational

59

ISCED 5 Short-cycle tertiary education – orientation unknown

60

ISCED 6 Bachelor’s or equivalent level

70

ISCED 7 Master’s or equivalent level

80

ISCED 8 Doctoral or equivalent level

Blank

Not stated

99

Not applicable

4b. Educational attainment and background

Educational attainment – details, including education interrupted or abandoned

DROPEDUCREAS

Main reason for not completing the formal education programme referred to in DROPEDUCLEVEL

1

Financial reasons

DROPEDUC = 1, 2

Persons with formal education or training abandoned (one or several)

Not relevant

Collected

2

Preference to work

3

Reasons linked to the education programme

4

Own illness or disability

5

Care responsibilities

6

Other family reasons

7

Other personal reasons

8

Other reasons

Blank

Not stated

9

Not applicable

4b. Educational attainment and background

Educational attainment – details, including education interrupted or abandoned

MEDLEVQUAL

Medium educational attainment qualifications

1

At least one formal qualification with vocational orientation at ISCED level 3 or 4

15 ≤ AGE ≤ 34 and HATLEVEL = 540-800

Persons aged 15 to 34 years with educational attainment level equal or higher than ISCED 5

Not relevant

Collected

2

Formal qualifications with general orientation only at ISCED level 3 or 4

Blank

Not stated

9

Not applicable

3f. Labour market participation

Reconciliation of work and family life

CHCARRES

Existence of regular care responsibilities for children up to 14

1

No care responsibilities for own or partner’s children or grandchildren

18 ≤ AGE ≤ 74

Everybody in the target population aged 18 to 74 years

Not relevant

Collected

2

Care for own or partner’s children, all living inside the household

3

Care for own or partner’s children, at least one living inside and one living outside the household

4

Care for own or partner’s children, all living outside the household

5

Care for own or partner’s grandchildren (living inside or outside the household) (without care for own or partner’s children)

Blank

Not stated

9

Not applicable

3f. Labour market participation

Reconciliation of work and family life

CHCARAGE

Age of youngest child or grandchild being taken care of

00-14

Age of the youngest child or grandchild being taken care of

CHCARRES = 3-5

Persons who take care of at least one child living outside the household or one grandchild (living inside or outside the household)

Not relevant

Collected

Blank

Not stated

99

Not applicable

3f. Labour market participation

Reconciliation of work and family life

CHCARUSE

Use of childcare services

1

Yes, for all children

CHCARRES = 2-4

Persons who take care of own or partner’s children living inside or outside the household

Not relevant

Collected

2

Yes, for some children

3

No

Blank

Not stated

9

Not applicable

3f. Labour market participation

Reconciliation of work and family life

CHCAROBS

Main reason for not using childcare services

1

No service accessible or vacant

CHCARUSE = 2, 3

Persons using professional childcare services for none or only some of the children

Not relevant

Collected

2

Cost

3

Quality or other service-related obstacle

4

Preference to arrange care alone or with partner

5

Preference to arrange care with further informal support

6

Children take care of themselves

7

Other (personal) reasons

Blank

Not stated

9

Not applicable

3f. Labour market participation

Reconciliation of work and family life

ELCARRES

Existence of regular care responsibilities for relatives aged 15 years and more who are ill, frail or with disabilities

1

No care responsibilities for partner or other relatives who are ill, frail or with disabilities

18 ≤ AGE ≤ 74

Everybody in the target population aged 18 to 74 years

Not relevant

Collected

2

Care only for the partner who is ill, frail or with disabilities, living inside the household

3

Care only for the partner who is ill, frail or with disabilities, living outside the household

4

Care for relatives who are ill, frail or with disabilities, all living inside the household

5

Care for relatives who are ill, frail or with disabilities, at least one living inside and one living outside the household

6

Care for relatives who are ill, frail or with disabilities, all living outside the household

Blank

Not stated

9

Not applicable

3f. Labour market participation

Reconciliation of work and family life

ELCARINT

Intensity of care for relatives who are ill, frail or with disabilities

1

Less than 5 hours per week

ELCARRES = 2-6

Persons with care responsibilities for relatives who are ill, frail or with disabilities

Not relevant

Collected

2

5 hours to less than 10 hours per week

3

10 hours to less than 20 hours per week

4

20 hours to less than 30 hours per week

5

30 hours to less than 40 hours per week

6

40 hours per week or more

Blank

Not stated

9

Not applicable

3f. Labour market participation

Reconciliation of work and family life

CAREFFEM

Effect of care responsibilities on employment

1

Changed job or employer

(CHCARRES = 2-5 or ELCARRES = 2-6) and EMPSTAT = 1

Persons in employment with care responsibilities for own or partner’s (grand)children or for relatives who are ill, frail or with disabilities

Not relevant

Collected

2

Currently absent from work, including leave

3

Currently reduced working time, including part-time or less working hours

4

Currently working remotely on a regular basis

5

Currently adjusted work schedule, without changing working time

6

Currently working on less demanding tasks in job

7

Other work-related adjustments

8

No work-related adjustments

Blank

Not stated

9

Not applicable

3f. Labour market participation

Reconciliation of work and family life

WORKOBS

Main obstacle at work to reconcile work and family life

1

Long working hours

(CHCARRES = 2-5 or ELCARRES = 2-6) and EMPSTAT = 1

Persons in employment with care responsibilities for own or partner’s (grand)children or for relatives who are ill, frail or with disabilities

Not relevant

Collected

2

Unpredictable or difficult work schedules

3

Demanding or exhausting job

4

Long commute

5

Other work-related obstacles

6

No work-related obstacles

Blank

Not stated

9

Not applicable

3f. Labour market participation

Reconciliation of work and family life

CHNUMBER

Number of own children raised

0-98

Number of own children raised

18 ≤ AGE ≤ 54

Everybody in the target population aged 18 to 54 years

Not relevant

Collected

Blank

Not stated

99

Not applicable

3f. Labour market participation

Reconciliation of work and family life

PARLEAV

Use of family leave

1

Only maternity or paternity leave

CHNUMBER = 01-98 and

(EMPSTAT = 1 or EXISTPR = 2 or 3)

People currently or previously in employment who raised at least one own child in the life course

Not relevant

Collected

2

Only parental leave

3

Combination of family leaves

4

No family leaves

Blank

Not stated

9

Not applicable

3f. Labour market participation

Reconciliation of work and family life

PARLENG

Length of used family leave

1

Up to 1 month

PARLEAV = 1-3

Persons who have taken up family leave

Not relevant

Collected

2

More than 1 month up to 2 months

3

More than 2 months up to 6 months

4

More than 6 months up to a year

5

More than 1 year up to 3 years

6

More than 3 years up to 5 years

7

More than 5 years

Blank

Not stated

9

Not applicable


28.11.2022   

EN

Official Journal of the European Union

L 307/45


COMMISSION IMPLEMENTING REGULATION (EU) 2022/2313

of 25 November 2022

entering a name in the register of traditional specialities guaranteed (Pizza Napoletana (TSG))

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 26 and Article 52(2) thereof,

Whereas:

(1)

In accordance with Article 26 of Regulation (EU) No 1151/2012, Italy submitted the name ‘Pizza Napoletana’ in view of enabling it to be registered in the register of Traditional Specialities Guaranteed provided for in Article 22 of Regulation (EU) No 1151/2012 with reservation of name.

(2)

The name ‘Pizza Napoletana’, had previously been registered by Regulation (EU) No 97/2010 (2) as traditional speciality guaranteed without reservation of name in accordance with Article 13(1) of Council Regulation (EC) No 509/2006 (3).

(3)

The submission of the name ‘Pizza Napoletana’ was examined by the Commission and subsequently published in the Official Journal of the European Union (4).

(4)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Pizza Napoletana’ should therefore be entered in the register with reservation of name,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Pizza Napoletana’ (TSG) is hereby entered in the register with reservation of name.

The product specification of the TSG ‘Pizza Napoletana’ shall be deemed to be the specification referred to in Article 19 of Regulation (EU) No 1151/2012 for the TSG ‘Pizza Napoletana’ with reservation of name.

The name specified in the first paragraph denotes a product in Class 2.27. bread, pastry, cakes, confectionery, biscuits and other baker’s wares, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (5).

Article 2

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

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

Done at Brussels, 25 November 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  Commission Regulation (EU) No 97/2010 of 4 February 2010 entering a name in the register of traditional specialities guaranteed [Pizza Napoletana (TSG)] (OJ L 34, 5.2.2010, p. 7).

(3)  Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 93, 31.3.2006, p. 1). Regulation repealed and replaced by Regulation (EU) No 1151/2012.

(4)  OJ C 176, 18.5.2016, p. 13.

(5)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


28.11.2022   

EN

Official Journal of the European Union

L 307/47


COMMISSION IMPLEMENTING REGULATION (EU) 2022/2314

of 25 November 2022

renewing the approval of the active substance Pythium oligandrum strain M1 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1107/2009, of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 20(1) thereof,

Whereas:

(1)

Commission Directive 2008/113/EC (2) included Pythium oligandrum strain M1 as an active substance in Annex I to Council Directive 91/414/EEC (3).

(2)

Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

(3)

The approval of the active substance Pythium oligandrum strain M1, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 30 April 2023.

(4)

An application for the renewal of the approval of the active substance Pythium oligandrum strain M1 was submitted to the rapporteur Member State in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

(5)

The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012 to the rapporteur Member State, the co-rapporteur Member State, the Commission and the European Food Safety Authority (‘the Authority’). The application was found to be complete by the rapporteur Member State.

(6)

The rapporteur Member State prepared a draft renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the Authority and the Commission on 26 September 2018.

(7)

The Authority circulated the draft renewal assessment report to the applicant and to the Member States for comments, launched a public consultation on it and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

(8)

On 8 October 2020, the Authority communicated to the Commission its conclusion (6) on whether Pythium oligandrum strain M1 can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.

(9)

The Commission presented a renewal report and a draft Regulation regarding Pythium oligandrum strain M1 to the Standing Committee on Plants, Animals, Food and Feed on 18 May 2022 and 15 July 2022, respectively.

(10)

The Commission invited the applicant to submit its comments on the conclusion of the Authority and, in accordance with Article 14(1), third paragraph, of Implementing Regulation (EU) No 844/2012 (7), on the renewal report. The applicant submitted its comments, which have been carefully examined.

(11)

It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance Pythium oligandrum strain M1 that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

(12)

It is therefore appropriate to renew the approval of Pythium oligandrum strain M1.

(13)

In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to provide for certain conditions. It is, in particular, appropriate to require that Member States, when assessing applications for authorisations of products containing Pythium oligandrum strain M1, pay particular attention to the specification of the technical material and to the protection of operators and workers, and foresee risk mitigation measures such as personal and respiratory protective equipments to address the risks of sensitisation or physical effects on the respiratory system that may be caused by the micro-organism.

(14)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(15)

Commission Implementing Regulation (EU) 2022/378 (8) extended the approval period of Pythium oligandrum strain M1 to 30 April 2023 in order to allow the renewal process to be completed before the expiry of the approval period of that active substance. However, given that a decision on renewal has been taken ahead of that extended expiry date, this Regulation should apply earlier than that date.

(16)

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

Renewal of the approval of the active substance

The approval of the active substance Pythium oligandrum strain M1, as specified in Annex I to this Regulation, is renewed subject to the conditions laid down in that Annex.

Article 2

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force and date of 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 March 2023.

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

Done at Brussels, 25 November 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 309, 24.11.2009, p. 1.

(2)  Commission Directive 2008/113/EC of 8 December 2008 amending Council Directive 91/414/EEC to include several micro-organisms as active substances (OJ L 330, 9.12.2008, p. 6).

(3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

(4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

(5)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

(6)  EFSA Journal 2020;18(11):6296, doi: 10.2903/j.efsa.2020.6296. Available online: www.efsa.europa.eu

(7)  This Regulation was replaced by Commission Implementing Regulation (EU) 2020/1740 (OJ L 392, 23.11.2020, p. 20) , however, it continues to apply to the procedure for the renewal of the approval of active substances: (1) whose approval period ends before 27 March 2024; (2) for which a Regulation, adopted in accordance with Article 17 of Regulation (EC) No 1107/2009 on or after 27 March 2021, extends the approval period to 27 March 2024 or a later date.

(8)  Commission Implementing Regulation (EU) 2022/378 of 4 March 2022 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances abamectin, Bacillus subtilis (Cohn 1872) strain QST 713, Bacillus thuringiensis subsp. Aizawai strains ABTS-1857 and GC-91, Bacillus thuringiensis subsp. Israeliensis (serotype H-14) strain AM65-52, Bacillus thuringiensis subsp. Kurstaki strains ABTS 351, PB 54, SA 11, SA12 and EG 2348, Beauveria bassiana strains ATCC 74040 and GHA, clodinafop, Cydia pomonella Granulovirus (CpGV), cyprodinil, dichlorprop-P, fenpyroximate, fosetyl, malathion, mepanipyrim, metconazole, metrafenone, pirimicarb, Pseudomonas chlororaphis strain MA342, pyrimethanil, Pythium oligandrum M1, rimsulfuron, spinosad, Trichoderma asperellum (formerly T. harzianum) strains ICC012, T25 and TV1, Trichoderma atroviride (formerly T. harzianum) strain T11, Trichoderma gamsii (formerly T. viride) strain ICC080, Trichoderma harzianum strains T-22 and ITEM 908, triclopyr, trinexapac, triticonazole and ziram (OJ L 72, 7.3.2022, p. 2).


ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Pythium oligandrum strain M1

Culture collection No ATCC 38472

Not applicable

No relevant impurities

1 March 2023

28 February 2038

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on Pythium oligandrum strain M1, and in particular Appendices I and II thereof, shall be taken into account.

In this overall assessment, Member States shall pay particular attention to:

the specification of the technical material as commercially manufactured,

the protection of operators and workers, taking into account that microorganisms are per se considered as potential sensitisers and that physical effects on the respiratory system due to the remnants of culture medium and co-formulants in the Microbial Pest Control Product (MPCP) cannot be excluded.

Conditions of use shall include risk mitigation measures, such as:

adequate personal protective and respiratory protective equipment for operators using products containing Pythium oligandrum strain M1.


(1)  Further details on the identity and the specification of the active substance are provided in the renewal report.


ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)

in Part A, entry 202 on Pythium oligandrum strain M1 is deleted;

(2)

in Part B, the following entry is added:

No

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

155

Pythium oligandrum strain M1

Culture collection No ATCC 38472

Not applicable

No relevant impurities

1 March 2023

28 February 2038

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on Pythium oligandrum strain M1, and in particular Appendices I and II thereof, shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

the specification of the technical material as commercially manufactured,

the protection of operators and workers, taking into account that microorganisms are per se considered as potential sensitisers and that physical effects on the respiratory system due to the remnants of culture medium and co-formulants in the Microbial Pest Control Product (MPCP) cannot be excluded.

Conditions of use shall include risk mitigation measures, such as:

adequate personal protective and respiratory protective equipment for operators using products containing Pythium oligandrum strain M1.


(1)  Further details on the identity and the specification of the active substance are provided in the renewal report.’


28.11.2022   

EN

Official Journal of the European Union

L 307/52


COMMISSION IMPLEMENTING REGULATION (EU) 2022/2315

of 25 November 2022

renewing the approval of the low-risk active substance heptamaloxyloglucan in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 20(1) in conjunction with Article 22(1) thereof,

Whereas:

(1)

Commission Directive 2010/14/EU (2) included heptamaloxyloglucan as an active substance in Annex I to Council Directive 91/414/EEC (3).

(2)

Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

(3)

The approval of the active substance heptamaloxyloglucan, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 May 2023.

(4)

An application for the renewal of the approval of the active substance heptamaloxyloglucan was submitted to the rapporteur Member State in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

(5)

The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012 to the rapporteur Member State, the co-rapporteur Member State, the Commission and the European Food Safety Authority (‘the Authority’). The application was found to be complete by the rapporteur Member State.

(6)

The rapporteur Member State prepared a draft renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the Authority and the Commission on 29 September 2020.

(7)

The Authority made the supplementary summary dossier available to the public. The Authority also circulated the draft renewal assessment report to the applicant and to the Member States for comments and launched a public consultation on it. The Authority forwarded the comments received to the Commission.

(8)

On 2 March 2022, the Authority communicated to the Commission its conclusion (6) on whether heptamaloxyloglucan can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.

(9)

As regards the criteria to identify endocrine disrupting properties set out in points 3.6.5 and 3.8.2 of Annex II to Regulation (EC) No 1107/2009, the conclusion of the Authority indicated that, based on the scientific evidence, it is highly unlikely that heptamaloxyloglucan is an endocrine disrupter via the estrogenic, androgenic, thyroidogenic and steroidogenic modalities.

(10)

The Commission presented a renewal report and a draft Regulation regarding heptamaloxyloglucan to the Standing Committee on Plants, Animals, Food and Feed on 30 March 2022 and 13 October 2022 respectively.

(11)

The Commission invited the applicant to submit its comments on the conclusion of the Authority and, in accordance with Article 14(1), third subparagraph, of Implementing Regulation (EU) No 844/2012, on the renewal report. The applicant submitted its comments, which have been carefully examined.

(12)

It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance heptamaloxyloglucan that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. It has also been established that heptamaloxyloglucan is not to be considered as having endocrine disrupting properties.

(13)

The risk assessment for the renewal of the approval of the active substance heptamaloxyloglucan is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing heptamaloxyloglucan may be authorised. It is therefore appropriate not to maintain the restriction to use as a growth regulator.

(14)

The Commission further considers that heptamaloxyloglucan is a low-risk active substance pursuant to Article 22 of Regulation (EC) No 1107/2009. Heptamaloxyloglucan is not a substance of concern and fulfils the conditions set in point 5 of Annex II to Regulation (EC) No 1107/2009. Furthermore, heptamaloxyloglucan is present naturally as a component of plants and soil. The additional exposure of humans, animals and the environment by the uses approved under Regulation (EC) No 1107/2009 is expected to be negligible compared to exposure expected through realistic natural situations. It is therefore appropriate to renew the approval of heptamaloxyloglucan as a low risk active substance.

(15)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(16)

Commission Implementing Regulation (EU) 2022/814 (7) extended the approval period of heptamaloxyloglucan to 31 May 2023 in order to allow the renewal process to be completed before the expiry of the approval period of that active substance. However, given that a decision on renewal has been taken ahead of that extended expiry date, this Regulation should apply earlier than that date.

(17)

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

HAS ADOPTED THIS REGULATION:

Article 1

Renewal of the approval of the active substance

The approval of the active substance heptamaloxyloglucan is renewed as set out in Annex I.

Article 2

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force and date of 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 March 2023.

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

Done at Brussels, 25 November 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 309, 24.11.2009, p. 1.

(2)  Commission Directive 2010/14/EU of 3 March 2010 amending Council Directive 91/414/EEC to include heptamaloxyloglucan as active substance (OJ L 53, 4.3.2010, p. 7).

(3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

(4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

(5)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

(6)  EFSA Journal 2022;20(3):7210. Available online: https://doi.org/10.2903/j.efsa.2022.7210.

(7)  Commission Implementing Regulation (EU) 2022/814 of 20 May 2022 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval period of the active substance heptamaloxyloglucan (OJ L 146, 25.5.2022, p. 6).


ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Heptamaloxyloglucan

CAS No:

870721-81-6

CIPAC No: 851

α-L-fucopyranosyl-(1→2)-β-D-galactopyranosyl-

(1→2)-α-D-xylopyranosyl-(1→6)-[α-D-xylopyranosyl-(1→6)-β-D-glucopyranosyl-(1→4)]-

β-D-glucopyranosyl-(1→4)-D-glucitol

≥ 780 g/kg

The following impurity is of toxicological and enviromental concern and must not exceed the following levels in the technical material:

Patulin, max. 50 μg/kg

1 March 2023

28 February 2038

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on heptamaloxyloglucan, and in particular Appendices I and II thereto, shall be taken into account.


(1)  Further details on the identity and the specification of the active substance are provided in the renewal report.


ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)

in Part A, entry 298 on heptamaloxyloglucan is deleted;

(2)

in Part D, the following entry is added:

No.

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘40

Heptamaloxyloglucan

CAS No:

870721-81-6

CIPAC No: 851

α-L-fucopyranosyl-(1→2)-β-D-galactopyranosyl-

(1→2)-α-D-xylopyranosyl-(1→6)-[α-D-xylopyranosyl-(1→6)-β-D-glucopyranosyl-(1→4)]-

β-D-glucopyranosyl-(1→4)-D-glucitol

≥ 780 g/kg

The following impurity is of toxicological and enviromental concern and must not exceed the following levels in the technical material:

- Patulin, max. 50 μg/kg

1 March 2023

28 February 2038

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on heptamaloxyloglucan, and in particular Appendices I and II thereto, shall be taken into account.’


(1)  Further details on the identity and the specification of the active substance are provided in the renewal report.


28.11.2022   

EN

Official Journal of the European Union

L 307/57


COMMISSION IMPLEMENTING REGULATION (EU) 2022/2316

of 25 November 2022

amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Articles 230(1) and 232(1) and (3) thereof.

Whereas:

(1)

Regulation (EU) 2016/429 requires that consignments of animals, germinal products and products of animal origin must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation in order to enter the Union.

(2)

Commission Delegated Regulation (EU) 2020/692 (2) lays down the animal health requirements with which consignments of certain species and categories of animals, germinal products and products of animal origin from third countries or territories, or zones thereof, or compartments thereof, in the case of aquaculture animals, must comply with in order to enter the Union.

(3)

Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, or territories, or zones or compartments thereof, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is permitted.

(4)

More particularly, Annexes V and XIV to Implementing Regulation (EU) 2021/404 set out the lists of third countries, or territories, or zones thereof authorised for the entry into the Union, respectively, of consignments of poultry, germinal products of poultry, and of fresh meat from poultry and game birds.

(5)

Canada notified the Commission of 34 outbreaks of highly pathogenic avian influenza in poultry in the provinces of Alberta (4), British Columbia (4), Manitoba (6), Ontario (5), Quebec (6) and Saskatchewan (9) in Canada, confirmed between 27 September 2022 and 9 November 2022 by laboratory analysis (RT-PCR).

(6)

Furthermore, the United Kingdom notified the Commission of 39 outbreaks of highly pathogenic avian influenza in poultry in the counties of Cambridgeshire (1), Cheshire (1), Derbyshire (2), East Ayrshire (1), Lancashire (5), Leicestershire (1), Lincolnshire (4), Norfolk (9), North Yorkshire (3), Northamptonshire (4), Suffolk (3) and West Midlands (1) in England, United Kingdom, and in Aberdeenshire (3) and on Orkney Islands (1) in Scotland, United Kingdom, confirmed between 27 October 2022 and 18 November 2022 by laboratory analysis (RT-PCR).

(7)

Additionaly, the United States notified the Commission of 26 outbreaks of highly pathogenic avian influenza in poultry located in the states of California (2), Iowa (2), Michigan (1), Minnesota (5), Mississippi (1), Montana (1), North Dakota (2), Ohio (1), Oregon(1), Pennsylvania (6), South Dakota (1), Tennessee (1) and Wisconsin (1), United States, confirmed between 27 October 2022 and 16 November 2022 by laboratory analysis (RT-PCR).

(8)

Following those outbreaks of highly pathogenic avian influenza, the veterinary authorities of Canada, the United Kingdom and the United States established a control zone of at least 10 km around the affected establishments and implemented a stamping-out policy in order to control the presence of highly pathogenic avian influenza and limit the spread of that disease.

(9)

Canada, the United Kingdom and the United States have submitted information to the Commission on the epidemiological situation on their territory and the measures they have taken to prevent the further spread of highly pathogenic avian influenza. That information has been evaluated by the Commission. On the basis of that evaluation and in order to protect the animal health status of the Union, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from the areas under restrictions established by the veterinary authorities of Canada, the United Kingdom and the United States due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.

(10)

Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended to take account of the current epidemiological situation as regards highly pathogenic avian influenza in Canada, the United Kingdom and the United States.

(11)

Taking into account the current epidemiological situation in Canada, the United Kingdom and the United States as regards highly pathogenic avian influenza and the serious risk of its introduction into the Union, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

(12)

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

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) 2021/404

Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation.

Article 2

Entry into force and application

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, 25 November 2022.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 84, 31.3.2016, p. 1.

(2)  Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).

(3)  Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 1).


ANNEX

Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows:

(1)

Annex V is amended as follows:

(a)

Part 1 is amended as follows:

(i)

in the entry for Canada, the following rows for the zones CA-2.112 to CA-2.145 are added after the rows for the zone CA-2.111:

CA

Canada

CA-2.112

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

27.9.2022

 

Breeding ratites and productive ratites

BPR

N, P1

 

27.9.2022

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

27.9.2022

 

Ratites intended for slaughter

SR

N, P1

 

27.9.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

27.9.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

27.9.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

27.9.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

27.9.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

27.9.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

27.9.2022

 

 

CA-2.113

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

27.9.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

27.9.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

27.9.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

27.9.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

27.9.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

27.9.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

27.9.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

27.9.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

27.9.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

27.9.2022

 

 

CA-2.114

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

27.9.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

27.9.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

27.9.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

27.9.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

27.9.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

27.9.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

27.9.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

27.9.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

27.9.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

27.9.2022

 

 

CA-2.115

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

29.9.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

29.9.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

29.9.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

29.9.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

29.9.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

29.9.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

29.9.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

29.9.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

29.9.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

29.9.2022

 

 

CA-2.116

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

30.9.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

30.9.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

30.9.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

30.9.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

30.9.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

30.9.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

30.9.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

30.9.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

30.9.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

30.9.2022

 

 

CA-2.117

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

30.9.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

30.9.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

30.9.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

30.9.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

30.9.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

30.9.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

30.9.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

30.9.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

30.9.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

30.9.2022

 

 

CA-2.118

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

30.9.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

30.9.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

30.9.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

30.9.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

30.9.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

30.9.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

30.9.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

30.9.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

30.9.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

30.9.2022

 

 

CA-2.119

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

6.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

6.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

6.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

6.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

6.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

6.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

6.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

6.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

6.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

6.10.2022

 

 

CA-2.120

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

7.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

7.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

7.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

7.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

7.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

7.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

7.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

7.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

7.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

7.10.2022

 

 

CA-2.121

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

7.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

7.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

7.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

7.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

7.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

7.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

7.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

7.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

7.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

7.10.2022

 

 

CA-2.122

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

7.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

7.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

7.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

7.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

7.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

7.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

7.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

7.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

7.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

7.10.2022

 

 

CA-2.123

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

9.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

9.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

9.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

9.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

9.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

9.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

9.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

9.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

9.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

9.10.2022

 

 

CA-2.124

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

10.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

10.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

10.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

10.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

10.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

10.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

10.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

10.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

10.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

10.10.2022

 

 

CA-2.125

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

12.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

12.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

12.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

12.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

12.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

12.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

12.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

12.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

12.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

12.10.2022

 

 

CA-2.126

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

13.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

13.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

13.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

13.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

13.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

13.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

13.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

13.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

13.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

13.10.2022

 

 

CA-2.127

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

14.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

14.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

14.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

14.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

14.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

14.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

14.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

14.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

14.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

14.10.2022

 

 

CA-2.128

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

15.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

15.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

15.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

15.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

15.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

15.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

15.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

15.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

15.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

15.10.2022

 

 

CA-2.129

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

18.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

18.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

18.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

18.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

18.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

18.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

18.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

18.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

18.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

18.10.2022

 

 

CA-2.130

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

18.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

18.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

18.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

18.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

18.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

18.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

18.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

18.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

18.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

18.10.2022

 

 

CA-2.131

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

19.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

19.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

19.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

19.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

19.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

19.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

19.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

19.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

19.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

19.10.2022

 

 

CA-2.132

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

19.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

19.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

19.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

19.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

19.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

19.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

19.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

19.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

19.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

19.10.2022

 

 

CA-2.133

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

20.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

20.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

20.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

20.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

20.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

20.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

20.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

20.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

20.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

20.10.2022

 

 

CA-2.134

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

21.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

21.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

21.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

21.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

21.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

21.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

21.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

21.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

21.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

21.10.2022

 

 

CA-2.135

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

22.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

22.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

22.10.2022

 

 

Ratites intended for slaughter

SR

N, P1

 

22.10.2022

 

 

Day-old chicks other than ratites

DOC

N, P1

 

22.10.2022

 

 

Day-old chicks of ratites

DOR

N, P1

 

22.10.2022

 

 

Less than 20 heads of poultry other than ratites

POU-LT20

N, P1

 

22.10.2022

 

 

Hatching eggs of poultry other than ratites

HEP

N, P1

 

22.10.2022

 

 

Hatching eggs of ratites

HER

N, P1

 

22.10.2022

 

 

Less than 20 hatching eggs of poultry other than ratites

HE-LT20

N, P1

 

22.10.2022

 

 

CA-2.136

Breeding poultry other than ratites and productive poultry other than ratites

BPP

N, P1

 

24.10.2022

 

 

Breeding ratites and productive ratites

BPR

N, P1

 

24.10.2022

 

 

Poultry intended for slaughter other than ratites

SP

N, P1

 

24.10.2022

 

 

Ratites intended for slaughter

SR