(1)

Regulation (EU) 2016/429 provides 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 that 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) lays down the lists of third countries or territories, or zones or compartments thereof, from which the entry into the Union of those species and categories of animals, germinal products and products of animal origin, that fall within the scope of Delegated Regulation (EU) 2020/692, is permitted.

(4)

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

(5)

On 3 March 2023, Argentina notified to the Commission services an outbreak of highly pathogenic avian influenza (HPAI). That outbreak is located in the province of Río Negro, Argentina and was confirmed on 28 February 2023 by laboratory analysis (RT-PCR).

(6)

The lists of third countries, territories, or zones thereof set out in Section B of Part 1 of Annex XIV and in Section A of Part 1 of Annex XV to Regulation (EU) 2021/404 specify that the entry into the Union from Argentina of consignments of fresh meat of and meat products from poultry and game birds are authorised. In addition, Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 does not currently require any risk-mitigating treatments for the entry into the Union of consignments of meat products from poultry and game birds from that third country.

(7)

Due to the risk of the introduction of HPAI into the Union linked with the entry of consignments of fresh meat of and meat products from poultry and game birds from Argentina, and in the absence of guarantees allowing for regionalisation of that third country, the entry into the Union of such consignments should no longer be authorised. In addition, the risk mitigating treatment D, in accordance with Annex XXVI to Delegated Regulation (EU) 2020/692, should be required for the entry into the Union of consignments of meat products from poultry and game birds from that third country.

(8)

The entries for Argentina in the lists of third countries, territories, or zones thereof set out in the table in Part 1 of Annex XIV and in the table in Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 should therefore be amended to take account of the current epidemiological situation in that third country.

(9)

Additionally, the United States have notified the Commission of eight outbreaks of highly pathogenic avian influenza in poultry in the states of Florida (1), Illinois (1), Nebraska (1), Pennsylvania (4) and Virginia (1), United States, which were confirmed between 21 February 2023 and 28 February 2023 by laboratory analysis (RT-PCR).

(10)

Following those recent outbreaks of highly pathogenic avian influenza, the veterinary authorities of the United States established control zones 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.

(11)

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 consignments 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 the United States due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.

(12)

In addition, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to one outbreak of highly pathogenic avian influenza in a poultry establishment in the county of Leicestershire in England, United Kingdom, which was confirmed on 27 October 2022.

(13)

The United Kingdom has also submitted information on the measures it has taken to prevent the further spread of highly pathogenic avian influenza. In particular, following the above mentioned outbreak of that disease, the United Kingdom has implemented a stamping out policy in order to control and limit the spread of that disease, and it has also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishment on its territory.

(14)

The Commission has evaluated the information submitted by the United Kingdom and concluded that the outbreak of highly pathogenic avian influenza in a poultry establishment has been cleared and that there is no longer a risk associated with the entry into the Union of poultry commodities from the zone of the United Kingdom from which the entry into the Union of poultry commodities was suspended following this outbreak.

(15)

Annexes V, XIV and XV to Implementing Regulation (EU) 2021/404 should be therefore amended accordingly.

(16)

Taking into account the current epidemiological situation in Argentina and in the United States as regards HPAI, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

(17)

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

(1)

Article 27(1) of Regulation (EC) No 1107/2009 specifies that a co-formulant is not to be accepted for inclusion in a plant protection product where it has been established that its residues, consequent on application consistent with good plant protection practice, and having regard to realistic conditions of use, have a harmful effect on human or animal health or on groundwater or an unacceptable effect on the environment, or its use, consequent on application consistent with good plant protection practice and having regard to realistic conditions of use, has a harmful effect on human or animal health or an unacceptable effect on plants, plant products or the environment.

(2)

Pursuant to Article 27(2) of Regulation (EC) No 1107/2009, co-formulants which are not accepted for inclusion in plant protection products must be included in Annex III to Regulation (EC) No 1107/2009. A first list of unacceptable co-formulants has been established by Commission Regulation (EU) 2021/383 (2) amending Annex III to Regulation (EC) No 1107/2009 listing co-formulants which are not accepted for inclusion in plant protection products.

(3)

Annex III to Regulation (EC) No 1107/2009 may need to be updated in light of new technical and scientific knowledge. In order to ensure a predictable and uniform implementation of Article 27 of Regulation (EC) No 1107/2009, it is appropriate to set out precise rules for the identification of unacceptable co-formulants in those same products, which may then be listed in an updated version of that Annex III. For such purposes, this Regulation establishes a set of detailed criteria to determine whether a co-formulant might have harmful or unacceptable effects as provided for in Article 27(1) of Regulation (EC) No 1107/2009, which should ensure that co-formulants meet safety standards that are protective for human health and the environment.

(4)

Co-formulants are chemical substances which may be used for different purposes, including in plant protection products. Their manufacturing, placing on the market and uses are regulated under Regulation (EC) No 1907/2006 of the European Parliament and of the Council (‘REACH’) (3). Co-formulants must be registered under that Regulation including when they are intended for use in plant protection products. They can be identified as substances of high concern in accordance with Article 59 of Regulation (EC) No 1907/2006 or be subject to restrictions in accordance with Title VIII of that Regulation.

(5)

A co-formulant should not be accepted for inclusion in plant protection products when it is or has to be classified as carcinogenic, mutagenic or toxic to reproduction, Categories 1A or 1B. To establish a harmonised hazard classification of co-formulants, Member States or manufacturers, importers or downstream users may submit proposals for harmonised classification in accordance with Article 37 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (4).

(6)

A co-formulant should also not be accepted for inclusion in plant protection products where it is identified as substance of very high concern in accordance with Regulation (EC) No 1907/2006 for reasons other than its classification as carcinogenic, mutagenic or toxic to reproduction, Categories 1A or 1B.

(7)

Consequently, if the properties of co-formulants used in plant protection products give rise to concern that their use in plant protection products could lead to harmful effects on human or animal health, Member States should first take appropriate actions in accordance with those two Regulations as such hazard properties are also relevant for all other uses of the substances concerned, and thereafter propose the inclusion of the co-formulants into Annex III to Regulation (EC) No 1107/2009.

(8)

In addition, a co-formulant should not be accepted for inclusion in a plant protection product in cases where the co-formulant has been identified as a persistent organic pollutant under Regulation (EU) 2019/1021 of the European Parliament and of the Council (5).

(9)

Furthermore, if a co-formulant used in plant protection products has been identified as having endocrine-disrupting properties under Regulation (EU) No 528/2012 of the European Parliament and of the Council (6), has not been approved as active substance for use as preservative during storage, or any restrictions have been established in accordance with that Regulation which affect uses in plant protection products, its use in them should be considered unacceptable.

(10)

In the interest of efficiency, consistency and predictability, with regard to the specific restrictions as provided for in Annex XVII to Regulation (EC) No 1907/2006, it is appropriate to guarantee that such restrictions should also apply for all those substances susceptible to be used, or which are currently used, as co-formulants in plant protection products.

(11)

Lastly, in order to maintain coherence with the approval criteria for active substances, safeners and synergists, the criteria for the approval of active substances concerning human or animal health and the environment, as provided for in Annex II to Regulation (EC) No 1107/2009, insofar as not already covered by the other criteria for not accepting co-formulants, should also apply to co-formulants.

(12)

It is necessary and appropriate to lay down rules on the procedure to follow for the inclusion of co-formulants in Annex III to Regulation (EC) No 1107/2009. The information to be submitted by the Member States for such purposes should be specified. To ensure consistency in evaluation, a technical assessment should be performed by the European Food Safety Authority (‘the Authority’), following a notification from a Member State and the submission of a pertinent report by the latter on the reasons why a co-formulant might meet the criteria as established in this Regulation, in cases where no action under other Union legislation has been initiated or completed by the notifying Member State. It is necessary to clarify that the Authority should be entitled to require relevant information from the other Member States and, where appropriate, from the European Chemicals Agency.

(13)

Pursuant to Article 27(3) of Regulation (EC) No 1107/2009, the Commission may review co-formulants at any time. In doing so, it may also take into account relevant information provided by the Member States. It is therefore deemed necessary to establish a procedure allowing Member States to notify the Commission about co-formulants already listed in Annex III to Regulation (EC) No 1107/2009 which may need to be deleted from that Annex or about any conditions established in that Annex for co-formulants which may need to be amended.

(14)

This Regulation does not affect the possibility for Member States to temporarily prohibit or restrict the application of a co-formulant within its territory on the basis of Article 81(2) of Regulation (EC) No 1107/2009 subject the conditions laid down in that Article.

(15)

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

(1)

The Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982 (2), which requires all members of the international community to cooperate in conserving and managing the living resources of the sea.

(2)

The Union is also a Contracting Party to the Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks (3).

(3)

The Union has exclusive competence in the field of conservation of marine biological resources under the Common Fisheries Policy. The powers thus conferred on the Union on the internal level also include the Union's power to cooperate in international organisations, including in the framework of regional fisheries management organisations.

(4)

Poland is a Contracting Party to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea (the ‘Convention’). The Union is not a party to the Convention. By virtue of Article 6(9) of the 2003 Act of Accession, as from the date of accession, fisheries agreements concluded by acceding Member States with third countries are to be managed by the Union. The Union should therefore implement in its legal order any decisions established under the Convention.

(5)

It is in the Union’s interest to play an effective role in the implementation of the Convention. Such a course of action will also promote consistency in the Union’s conservation approach across oceans and reinforce its commitment to the long-term conservation and sustainable use of fisheries resources globally.

(6)

By its Decision of 11 April 2016 the Council authorised Poland to negotiate, in the interest of the Union, an amendment to the Convention that would allow the participation of the Union as a full party to the Convention. To that end, Poland was to propose an amendment to the Convention in order to allow the participation of regional economic integration organisations and to allow for the Union to become a party to the Convention.

(7)

In October 2016, Poland proposed such an amendment to the Convention to the Depositary of the Convention.

(8)

Poland should therefore be authorised to ratify the amendment to the Convention,

(1)

The Agreement between the European Union and Ukraine on the carriage of freight by road (1) (‘the Agreement’) was signed by the Union in accordance with Council Decision (EU) 2022/1158 (2) and has been provisionally applied since 29 June 2022.

(2)

Article 7(1) of the Agreement establishes a Joint Committee to supervise and monitor the application and implementation of the Agreement and periodically review its functioning in light of its objectives.

(3)

Article 7(6) of the Agreement provides that the Joint Committee is to adopt its rules of procedure. In order to ensure the proper implementation of the Agreement, the Joint Committee’s rules of procedure should be adopted.

(4)

As set out in Article 6(1) of the Agreement, the Agreement is to apply until 30 June 2023. The Joint Committee is, however, to be convened at the latest three months before the expiry of the Agreement in order to assess and decide on the need for the continuation of the Agreement.

(5)

In order for both the Union and Ukraine to continue benefitting from the positive effects of the Agreement on facilitating road freight transport between and through Ukraine and the Union and on ensuring well-functioning solidarity lanes in the context of Russia’s war of aggression against Ukraine, it should be prolonged until 30 June 2024.

(6)

The Joint Committee is to adopt decisions establishing its rules of procedure and on the need for the continuation of the Agreement, including the duration thereof.

(7)

It is therefore appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee on the adoption of the rules of procedure and the continuation of the Agreement, as its decisions will be binding on the Union.

(8)

The position of the Union within the Joint Committee should therefore be based on the attached draft Decisions,

(1)

On 12 December 2022, the Council agreed that the overall financial ceiling of the European Peace Facility (the ‘Facility’) should be increased by EUR 2 000 million (in 2018 prices) across the years between 2024 and 2027. The implementation of this increase is to respect the ceiling for payments agreed for 2023. The Council also acknowledged that the evolution of the international security environment could make further increases of the Facility’s overall financial ceiling necessary until 2027. Any further increase is to be decided by the Council acting unanimously and is to be laid down in an amendment of Council Decision (CFSP) 2021/509 (1). The total overall increase of the Facility’s financial ceiling until 2027 is not to exceed EUR 5 500 million (in 2018 prices).

(2)

In its conclusions of 15 December 2022, the European Council reiterated the global dimension of the Facility and welcomed the agreement in the Council on 12 December 2022 to ensure its financial sustainability.

(3)

The Strategic Compass for Security and Defence, approved by the Council on 21 March 2022, calls for a re-assessment by 2023 of the scope and definition of common costs to enhance solidarity and stimulate participation in military missions and operations, as well as of exercise-related costs, also in view of proposals regarding the EU Rapid Deployment Capacity. The financing of the eligible costs of the EU Crisis Management Military Exercise 2023 (MILEX 2023), by an amount of up to EUR 5 000 000, is without prejudice to future decisions regarding the financing of common costs.

(4)

The experience gathered since the adoption of Decision (CFSP) 2021/509 makes it necessary to introduce more flexibility in the collection and use of financial contributions from Member States and in their use by the Facility, notably by allowing the receipt and use of advance contributions. Contributions which a Member State chooses to pay in advance do not affect the amount of contributions due by that Member State or by other Member States, or the ability of the Facility to achieve its goals. Such advance contributions cannot be earmarked for any specific purpose.

(5)

In addition, it is necessary to introduce more flexibility by expanding the use of early financing for assistance measures subject to authorisation by the Facility Committee. Contributions to early financing by a Member State will not be used to finance assistance measures from which that Member State abstains in accordance with Article 5(3) of Decision (CFSP) 2021/509.

(6)

Decision (CFSP) 2021/509 should therefore be amended accordingly,

(1)

As set out in Article 6(1), point (a), of Section 2 of Part A to Annex 31 to the Trade and Cooperation Agreement, an operator established in the other Party is to submit a posting declaration to the competent authorities of the Party or, in the case of the Union, of the Member State to which the driver is posted, using from 2 February 2022 a multilingual standard form of the public interface connected to the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council (2). A competent authority can be any body established at either national, regional or local level and registered in IMI with specific responsibilities relating to the application of certain legal provisions.

(2)

As set out in Article 6(1), point (c), second subparagraph, of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement, IMI also allows requests to be made for the assistance of the competent authorities of the Party of establishment or, in the case of the Union, the Member State of establishment, if the operator fails to submit the requested documentation within eight weeks from the date of the request.

(3)

It is possible for third countries to use IMI if the conditions laid down in Article 23 of Regulation (EU) No 1024/2012 are met, and provided that the third country which is given access to IMI participates in the operating costs of IMI.

(4)

As set out in Article 7(5) of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement, the Specialised Committee on Road Transport is to set the technical and procedural specifications of the use of IMI by the United Kingdom. Those specifications are necessary in order to allow the connection of operators and competent authorities to IMI, and thereby allow the operators to submit their posting declarations and competent authorities to take part in the administrative cooperation described in recitals 1 and 2. The Union has implemented those specifications by means of Commission Implementing Regulation (EU) 2021/2179 (3).

(5)

As set out in Article 7(6) of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement, each Party is to participate in the operating costs of IMI. The Specialised Committee on Road Transport is to determine the costs to be borne by each Party. It is therefore necessary to determine the amount and the modalities of the financial contribution to be made by the United Kingdom to the general budget of the Union in respect of the cost generated by its use of IMI. The financial contribution will consist of two parts: annual maintenance costs (annual contribution) and development costs (one-off payment),