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Document L:2023:218:FULL
Official Journal of the European Union, L 218, 5 September 2023
Official Journal of the European Union, L 218, 5 September 2023
Official Journal of the European Union, L 218, 5 September 2023
Display all documents published in this Official Journal
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 218 |
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English edition |
Legislation |
Volume 66 |
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Contents |
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II Non-legislative acts |
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INTERNATIONAL AGREEMENTS |
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REGULATIONS |
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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
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5.9.2023 |
EN |
Official Journal of the European Union |
L 218/1 |
COUNCIL DECISION (EU) 2023/1685
of 8 October 2014
on the signing, on behalf of the Union and its Member States, and provisional application of the Accession Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, to take account of the accession of the Republic of Croatia to the European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 209, in conjunction with Article 218(5) thereof,
Having regard to the Act of Accession of the Republic of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
Having regard to the proposal from the European Commission,
Whereas:
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(1) |
In accordance with Article 6(2) of the Act of Accession of the Republic of Croatia (‘the Act of Accession’), the accession of the Republic of Croatia to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (1) (‘the Agreement’) is to be agreed by means of a protocol to the Agreement (‘the Protocol’). In accordance with Article 6(2) of the Act of Accession, a simplified procedure is to apply to such an accession, whereby a protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third countries concerned. |
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(2) |
On 14 September 2012, the Council authorised the Commission to open negotiations with the third countries concerned. The negotiations have been successfully concluded with the Republic of Indonesia. |
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(3) |
Article 4(3) of the Protocol provides for its provisional application as from the date of its signature. |
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(4) |
The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date, |
HAS ADOPTED THIS DECISION:
Article 1
The signing on behalf of the Union and its Member States of the Accession Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised, subject to the conclusion of the said Protocol.
The text of the Protocol is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
Article 3
The Protocol shall be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its conclusion.
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 8 October 2014.
For the Council
The President
M. LUPI
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5.9.2023 |
EN |
Official Journal of the European Union |
L 218/3 |
ACCESSION PROTOCOL TO THE FRAMEWORK AGREEMENT ON COMPREHENSIVE PARTNERSHIP AND COOPERATION BETWEEN THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF INDONESIA, OF THE OTHER PART, TO TAKE ACCOUNT OF THE ACCESSION OF THE REPUBLIC OF CROATIA TO THE EUROPEAN UNION
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as "the Member States", represented by the Council of the European Union, and
THE EUROPEAN UNION, hereinafter referred to as "the European Union",
of the one part, and
THE REPUBLIC OF INDONESIA, hereinafter referred to as "Indonesia"
of the other part,
hereinafter referred to as "the Parties" for the purposes of this Protocol,
HAVING REGARD TO the accession of the Republic of Croatia to the European Union on 1 July 2013 and the Treaty concerning the accession of the Republic of Croatia to the European Union, hereinafter referred to as "the Treaty of Accession", signed in Brussels on 9 December 2011 and entered into force on 1 July 2013;
WHEREAS the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, hereinafter referred to as "the Agreement" was signed in Jakarta on 9 November 2009;
WHEREAS the Republic of Croatia undertakes to accede to the agreements concluded or signed by the European Union and its Member States with one or more third countries or with an international organisation as required by Article 6(2) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustment to the Treaty on European Union, the Treaty on the Functioning of the European Union and to the Treaty Establishing the European Atomic Energy Community;
HAVE AGREED AS FOLLOWS:
Article 1
The Republic of Croatia hereby accedes as a Party to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, signed in Jakarta on 9 November 2009.
Article 2
The texts of the Agreement and the Final Act in the Croatian language annexed to this Protocol shall become authentic under the same conditions as the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovene, Spanish, Swedish, Slovak and Indonesian language versions of the Agreement.
Article 3
This Protocol shall form an integral part of the Agreement.
Article 4
1. This Protocol shall be approved by the European Union, by the Council of the European Union on behalf of the Member States and by Indonesia in accordance with their own procedures. The Parties shall notify each other of the completion of the procedures necessary for that purpose.
2. This Protocol shall enter into force on the first day of the month following the date of the last notification of the instrument of approval.
3. Pending its entry into force, this Protocol shall apply provisionally as of the date of its signature.
Article 5
This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Indonesian languages, each of these texts being equally authentic.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered to this effect, have signed this Protocol.
Съставено в Брюксел на двадесет и втори юни две хиляди двадесет и трета година.
Hecho en Bruselas, el veintidós de junio de dos mil veintitrés.
V Bruselu dne dvacátého druhého června dva tisíce dvacet tři.
Udfærdiget i Bruxelles den toogtyvende juni to tusind og treogtyve.
Geschehen zu Brüssel am zweiundzwanzigsten Juni zweitausenddreiundzwanzig.
Kahe tuhande kahekümne kolmanda aasta juunikuu kahekümne teisel päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις είκοσι δύο Ιουνίου δύο χιλιάδες είκοσι τρία.
Done at Brussels on the twenty-second day of June in the year two thousand and twenty three.
Fait à Bruxelles, le vingt-deux juin deux mille vingt-trois.
Sastavljeno u Bruxellesu dvadeset drugog lipnja godine dvije tisuće dvadeset treće.
Fatto a Bruxelles, addì ventidue giugno duemilaventitré.
Briselē, divi tūkstoši divdesmit trešā gada divdesmit otrajā jūnijā.
Priimta du tūkstančiai dvidešimt trečių metų birželio dvidešimt antrą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-huszonharmadik év június havának huszonkettedik napján.
Magħmul fi Brussell, fit-tnejn u għoxrin jum ta’ Ġunju fis-sena elfejn u tlieta u għoxrin.
Gedaan te Brussel, tweeëntwintig juni tweeduizend drieëntwintig.
Sporządzono w Brukseli dnia dwudziestego drugiego czerwca roku dwa tysiące dwudziestego trzeciego.
Feito em Bruxelas, em vinte e dois de junho de dois mil e vinte e três.
Întocmit la Bruxelles la douăzeci și doi iunie două mii douăzeci și trei.
V Bruseli dvadsiateho druhého júna dvetisícdvadsaťtri.
V Bruslju, dvaindvajsetega junija dva tisoč triindvajset.
Tehty Brysselissä kahdentenakymmenentenätoisena päivänä kesäkuuta vuonna kaksituhattakaksikymmentäkolme.
Som skedde i Bryssel den tjugoandra juni år tjugohundratjugotre.
Dibuat di Brussel, pada tanggal dua puluh dua bulan Juni tahun dua ribu dua puluh tiga.
REGULATIONS
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5.9.2023 |
EN |
Official Journal of the European Union |
L 218/7 |
COMMISSION DELEGATED REGULATION (EU) 2023/1686
of 30 June 2023
amending Delegated Regulation (EU) 2021/1698 as regards certain procedural requirements for the recognition of control authorities and control bodies that are competent to carry out controls on operators and groups of operators certified organic and on organic products in third countries and certain requirements on their supervision
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (1), and in particular Article 46(7) thereof,
Whereas:
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(1) |
Commission Delegated Regulation (EU) 2021/1698 (2) supplements Regulation (EU) 2018/848 with procedural requirements for the recognition of control authorities and control bodies that are competent to carry out controls on operators and groups of operators certified as organic and on organic products in third countries and with rules on their supervision and the controls and other actions to be performed by those control authorities and control bodies. |
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(2) |
A request by control authorities and control bodies for recognition in accordance with Article 46(1) of Regulation (EU) 2018/848 (compliance regime) consists of a technical dossier. Pursuant to Article 1(2), point (i), of Delegated Regulation (EU) 2021/1698, that technical dossier must contain, among other things, a copy of the most recent assessment report drawn up by the accreditation body or, as appropriate, by the competent authority, including a witness audit report on a witness audit carried out within two years preceding the submission of the request for recognition. |
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(3) |
Pursuant to Article 57(1) of Regulation (EU) 2018/848, the recognition of control authorities and control bodies granted under Article 33(3) of Council Regulation (EC) No 834/2007 (3) (equivalence regime) will expire on 31 December 2024. Pursuant to point 3(a) of Part B of Annex I to Delegated Regulation (EU) 2021/1698, for those control authorities or control bodies, the witness audit reports to be submitted with their request for recognition under the compliance regime must result from witness audits carried out during the two years preceding the submission of the request for recognition, by the accreditation body or competent authority for the purpose of their recognition under Regulation (EC) No 834/2007. |
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(4) |
National measures in third countries taken due to the COVID-19 pandemic had a negative impact on the ability of accreditation bodies and competent authorities to schedule and carry out witness audits for the purpose of recognition of control authorities and control bodies under the compliance regime. To ensure a smooth transition from the equivalence regime to the compliance regime and to avoid risks of trade disruptions, for requests for recognition submitted before the expiration of the transition period provided for in Article 57(1) of Regulation (EU) 2018/848, the validity period of the witness audits referred to in Article 1(2), point (i) and in point 3(a) of Part B of Annex I to Delegated Regulation (EU) 2021/1698 should be extended. |
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(5) |
For the Commission to be able to carry out effectively its supervisory activities pursuant to Delegated Regulation (EU) 2021/1698, control authorities and control bodies recognised in accordance with Article 46(1) of Regulation (EU) 2018/848 need to operate and be assessed by accreditation bodies or competent authorities based on their performance under the compliance regime. Therefore, it should be ensured that, within 2 years of the initial recognition of control authorities and control bodies in accordance with Article 46(1) of Regulation (EU) 2018/848 or of the extension of the scope of recognition to an additional category of products in accordance with Article 2 of Delegated Regulation (EU) 2021/1698, the control authorities and control bodies should submit to the Commission a new witness audit report on a new witness audit carried out for each of the categories of products for which they have been recognised. Furthermore, the procedure for submitting those new witness audit reports should be specified. |
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(6) |
For the purpose of clarifying the beginning of the period between two witness audits referred to in Article 3(4), point (a), of Delegated Regulation (EU) 2021/1698, the first four-year period should start at the date when the first witness audits after recognition, or for the extension of the scope of recognition to an additional category of products, were carried out. |
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(7) |
Delegated Regulation (EU) 2021/1698 should be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Delegated Regulation (EU) 2021/1698 is amended as follows:
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(1) |
in Article 1(2), point (i), the introductory wording is replaced by the following: ‘a copy of the most recent assessment report referred to in Article 46(4), second subparagraph, of Regulation (EU) 2018/848, drawn up by the accreditation body or, as appropriate, by the competent authority, containing the information referred to in Part A of Annex I to this Regulation, including a witness audit report on a witness audit carried out within 2 years preceding the submission of the request for recognition. By way of derogation, for requests for recognition submitted before 31 December 2024, the witness audit report may be on a witness audit carried out within 3 years preceding the submission of the request for recognition. The assessment report shall give the following guarantees:’; |
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(2) |
Article 3 is amended as follows:
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(3) |
in Article 19, paragraph 1 is replaced by the following: ‘1. After its recognition, the control authority or control body shall notify the Commission in due time, and not later than within 30 calendar days, of the occurrence of changes to the content of its technical dossier, including the new witness audit reports referred to in Article 3(3a).’ |
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(4) |
in Part B of Annex I, point 3(a) is replaced by the following:
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Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 150, 14.6.2018, p. 1.
(2) Commission Delegated Regulation (EU) 2021/1698 of 13 July 2021 supplementing Regulation (EU) 2018/848 of the European Parliament and of the Council with procedural requirements for the recognition of control authorities and control bodies that are competent to carry out controls on operators and groups of operators certified organic and on organic products in third countries and with rules on their supervision and the controls and other actions to be performed by those control authorities and control bodies (OJ L 336, 23.9.2021, p. 7).
(3) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).