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Document L:2023:116:FULL
Official Journal of the European Union, L 116, 4 May 2023
Official Journal of the European Union, L 116, 4 May 2023
Official Journal of the European Union, L 116, 4 May 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 116 |
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English edition |
Legislation |
Volume 66 |
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Corrigenda |
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(1) Text with EEA relevance. |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
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4.5.2023 |
EN |
Official Journal of the European Union |
L 116/1 |
COMMISSION DELEGATED REGULATION (EU) 2023/905
of 27 February 2023
supplementing Regulation (EU) 2019/6 of the European Parliament and of the Council as regards the application of the prohibition of use of certain antimicrobial medicinal products in animals or products of animal origin exported from third countries into the Union
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (1), and in particular Article 118(2) thereof,
Whereas:
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(1) |
Antimicrobial resistance is a major threat to public health. When resistance develops to an antimicrobial agent used to treat a specific infection for which there are no alternative treatments and that resistance spreads, it has serious and potentially life-threatening consequences for humans. Human health, animal health and the environment are interlinked. Therefore, one of the objectives of Regulation (EU) 2019/6 is to contain the spread of antimicrobial resistance with concrete measures to promote the prudent and responsible use of antimicrobial medicinal products in animals. |
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(2) |
The use of antimicrobial medicinal products to promote growth or to increase yield is neither prudent nor responsible. An extensive body of scientific literature has shown that the use of antimicrobials for such purposes can trigger antimicrobial resistance. Therefore, by Regulation (EU) 2019/6, the use of antimicrobial medicinal products for the purpose of promoting growth or to increase yield is prohibited, which includes antimicrobials contained in veterinary medicinal products as well as antimicrobials contained in human medicinal products. |
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(3) |
Moreover, Regulation (EU) 2019/6 provides for the procedure to designate certain antimicrobials to be reserved for the treatment of infections in humans. Such antimicrobials are not to be used in antimicrobial medicinal products administered to animals. That measure aims to preserve the efficacy of certain antimicrobials used to treat infections in humans, especially those considered treatments of last resort. Criteria for the designation of antimicrobials reserved for the treatment of certain infections in humans are laid down in Commission Delegated Regulation (EU) 2021/1760 (2) and the list of antimicrobials reserved for treatment of certain infections in humans is set out in Commission Implementing Regulation (EU) 2022/1255 (3). |
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(4) |
The international dimension of the development of antimicrobial resistance should also be considered. Specifically, Article 118(1) of Regulation (EU) 2019/6 provides that, in respect of animals or products of animal origin that are exported from third countries into the Union, operators in third countries are not to use antimicrobial medicinal products to promote growth or to increase yield, and are not to use the designated antimicrobials or groups of antimicrobials reserved for treatment of infections in humans. |
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(5) |
Medicated feed is one of the routes for the oral administration of medicinal products to animals. Therefore, the prohibition of use of certain antimicrobial medicinal products in respect of animals or products of animal origin that are exported from third countries into the Union should also apply when such antimicrobial medicinal products are administered via medicated feed. |
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(6) |
A robust system of controls regarding animals or products of animal origin that are exported from third countries into the Union is essential to ensure compliance with the requirements laid down in Regulation (EU) 2019/6. No specific system of controls on imports of animals or products of animal origin exists under the Union framework on veterinary medicinal products. The setting up of such dedicated framework of controls would have necessitated significant amount of resources and time. Moreover, it would have led to duplications at the level of the competent authorities and also on the operators concerned. For reasons of effectiveness and reduction of administrative burden, the existing Union framework on official controls is to be used to verify compliance of animals or products of animal origin entering the Union from third countries with Regulation (EU) 2019/6. To this effect, Regulation (EU) 2017/625 of the European Parliament and of the Council (4) has been amended by Regulation (EU) 2021/1756 (5). Therefore, the verification of compliance with the requirements set out in Article 118(1) of Regulation (EU) 2019/6 is to be done in accordance with Regulation (EU) 2017/625. |
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(7) |
The consignments of animals or products of animal origin entering the Union that are subject to the prohibition on the use of antimicrobial medicinal products to promote growth or to increase yield and on the use of antimicrobials reserved for treatment of certain infections in humans should be clearly set out. Therefore, this Delegated Regulation should provide detailed rules on the prohibition laid down in Article 118(1) of Regulation (EU) 2019/6. |
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(8) |
The vast majority of the consumption of antimicrobials in animals (in volume) relates to food-producing animals. In addition, there is increasing scientific evidence that the use of antimicrobials in food-producing animals has an impact on the development of antimicrobial resistance. Therefore, addressing antimicrobial resistance requires particular action on the use of antimicrobial medicinal products in food-producing animals or products of animal origin intended for human consumption. In accordance with the principle of proportionality, taking such action will contribute effectively to address the international dimension of the development of antimicrobial resistance while minimising the impacts on trade. |
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(9) |
Moreover, it should be clarified that the prohibition of use of certain antimicrobials set out in Article 118(1) of Regulation (EU) 2019/6 concerns food-producing animals or products of animal origin intended for human consumption that are exported from third countries into the Union. To ensure legal certainty, the animals and products of animal origin concerned should be identified by means of references to the Combined Nomenclature codes set out in Council Regulation (EEC) No 2658/87 (6). |
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(10) |
Consignments of animals or products concerned that are only intended for transit, as well as products concerned intended for the purpose of samples for product analysis and quality testing that are not placed on the market, should not be covered by this Regulation. |
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(11) |
Consignments of the animals or products concerned that are exported from third countries into the Union should comply with the same restrictions that apply in the Union in relation to the objectives pursued by Articles 107(2) and 37(5) of Regulation (EU) 2019/6. To that effect, consignments of the animals or products concerned should only be allowed to enter the Union in the case that the third countries or regions thereof, from which those animals or products originate, can ensure compliance with the prohibition on the use of antimicrobial medicinal products for the purpose of promoting growth or to increase yield, and on the use of antimicrobials that have been reserved for the treatment of certain infections in humans. |
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(12) |
Third countries -or regions- thereof that meet those requirements are to be included in a list that is to be drawn up by the Commission, by means of implementing acts, in accordance with Article 127 of Regulation (EU) 2017/625. Third countries or regions thereof are to be included on that list on the basis of available evidence and guarantees that the concerned animals or products originating in them comply with the Union’s prohibition on the use of antimicrobial medicinal products for the purpose of promoting growth or to increase yield, and on use of antimicrobials that have been reserved for the treatment of certain infections in humans. |
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(13) |
Consignments of animals or products concerned entering the Union from third countries listed in accordance with Article 127 of Regulation (EU) 2017/625 should also be accompanied by an official certificate confirming compliance with the Union’s prohibition on the use of antimicrobial medicinal products for the purpose of promoting growth or to increase yield, and on use of antimicrobials that have been reserved for the treatment of certain infections in humans. |
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(14) |
The Commission should adopt specific requirements on the official certificates required, by means of implementing acts, in accordance with Regulation (EU) 2017/625. |
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(15) |
The conditions for entry into the Union of consignments of animals or products concerned will be known to third country operators as from the date of publication of this Regulation. However, the practical application of the framework laid down in this Regulation will necessitate the adoption of further implementing measures. For reasons of predictability and legal certainty and with a view to allow stakeholders concerned sufficient time to comply with the Union requirements, the conditions for the entry into the Union of consignments of animals or products set out in this Regulation should be deferred, |
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. This Regulation lays down detailed rules on the application of the prohibition of use, in animals or products of animal origin that are exported from third countries into the Union, of antimicrobial medicinal products for growth promotion and yield increase, and antimicrobials reserved for treatment of certain infections in humans.
2. This Regulation applies to live food-producing animals for which Combined Nomenclature codes (‘CN codes’) have been laid down in Part Two, Chapter 1, of Annex I to Regulation (EEC) No 2658/87.
This Regulation also applies to products of animal origin intended for human consumption, for which CN codes have been laid down in Part Two, Chapters 2 to 5, 15 and 16, of Annex I to Regulation (EEC) No 2658/87, and for which Harmonised System subheadings have been laid down under headings 3501, 3502 and 3504.
3. This Regulation does not apply to the following:
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(a) |
gelatine and raw materials for the production thereof referred to in Section XIV, Chapter I, point 1, of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council (7); |
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(b) |
collagen and raw materials for the production thereof referred to in Section XV, Chapter I, point 1, of Annex III to Regulation (EC) No 853/2004; |
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(c) |
highly refined products referred to in Section XVI, Chapter I, point 1, of Annex III to Regulation (EC) No 853/2004; |
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(d) |
wild animals and products derived therefrom; |
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(e) |
insects, frogs, snails and reptiles, including products derived therefrom; |
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(f) |
composite products; |
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(g) |
animals or products of animal origin not intended for human consumption, unless the destination of the animals or products has not been decided at entry into the Union; |
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(h) |
animals or products of animal origin intended for human consumption only for transit through the Union without being placed on the market; |
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(i) |
products of animal origin intended for human consumption for the purpose of samples for product analysis and quality testing without being placed on the market. |
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
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(1) |
‘antimicrobial medicinal product’ means a medicinal product that contains or consists of one or more antimicrobials; |
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(2) |
‘medicinal product’ means a medicinal product that is administered to animals, including when it is administered in medicated feed as defined in Article 3(2), point (a), of Regulation (EU) 2019/4 of the European Parliament and of the Council (8); |
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(3) |
‘food-producing animal’ means food producing animal as defined in Article 2, point (b), of Regulation (EC) No 470/2009 of the European Parliament and of the Council (9); |
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(4) |
‘consignment’ means consignment as defined in Article 3, point (37), of Regulation (EU) 2017/625; |
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(5) |
‘transit’ means transit as defined in Article 3, point (44), of Regulation (EU) 2017/625. |
Article 3
Restrictions on the use of certain antimicrobial medicinal products in animals or products derived therefrom entering the Union
Animals or products referred to in Article 1(2) that are exported from third countries into the Union shall not have been administered, or originate from animals that have been administered any of the following:
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(a) |
an antimicrobial medicinal product used for the purpose of promoting growth or to increase yield; |
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(b) |
an antimicrobial medicinal product containing an antimicrobial that is included in the list of antimicrobials reserved for treatment of certain infections in humans laid down in Implementing Regulation (EU) 2022/1255. |
Article 4
Conditions for the entry into the Union
1. Consignments of the animals or products referred to in Article 1(2) shall only enter the Union where the following conditions are met:
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(a) |
they originate from a third country or region thereof included in the list of countries referred to in Article 5; and |
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(b) |
they are accompanied by an official certificate referred to in Article 6 attesting that the consignment complies with the requirements in Article 3. |
2. By way of derogation from paragraph 1, point (a), consignments of the animals or products referred to in Article 1(2) may enter the Union from third countries that are not included in the list referred to in Article 5(1), where such third countries ensure that the consignments entering the Union originate from a Member State or from a third country included in the list.
Article 5
List of approved third countries
1. The list referred to in Article 4(1), point (a), is to be established by means of an implementing act adopted by the Commission in accordance with Article 127 of Regulation (EU) 2017/625. If appropriate, that list may be combined with other lists developed under Article 127 of Regulation (EU) 2017/625.
2. The Commission shall decide on the inclusion of third countries in the list in accordance with the requirements laid down in Article 127(3), points (a) to (d), and points (f) and (g), of Regulation (EU) 2017/625, on the basis of available evidence and guarantees that the requirements laid down in Article 3 are complied with, including information received on the procedures in place to guarantee the traceability and origin of animals or products referred to Article 1(2).
3. In accordance with Article 127(4) of Regulation (EU) 2017/625, the Commission shall delete the reference to a third country or a region of a third country from the list if the conditions for inclusion in the list cease to be met.
Article 6
Certification of compliance
1. Specific requirements on the official certificates referred in point (b) of Article 4(1) are to be laid down by the Commission, by means of implementing acts, in accordance with the examination procedure referred to in Article 126(3) of Regulation (EU) 2017/625.
2. The official certificates may include details required in accordance with other Union legislation on public and animal health matters.
Article 7
Controls
Controls to verify compliance of consignments of the animals or products referred to in Article 1(2) with Article 3 shall be carried out in accordance with Regulation (EU) 2017/625.
Article 8
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
The conditions for entry into the Union of consignments of animals or products set out in this delegated act shall apply as from 24 months after the date of application of the implementing act referred to in Article 6(1).
This Regulation shall be binding in its entirety and directly applicable in the Member States.
Done at Brussels, 27 February 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Delegated Regulation (EU) 2021/1760 of 26 May 2021 supplementing Regulation (EU) 2019/6 of the European Parliament and of the Council by establishing the criteria for the designation of antimicrobials to be reserved for the treatment of certain infections in humans (OJ L 353, 6.10.2021, p. 1).
(3) Commission Implementing Regulation (EU) 2022/1255 of 19 July 2022 designating antimicrobials or groups of antimicrobials reserved for treatment of certain infections in humans, in accordance with Regulation (EU) 2019/6 of the European Parliament and of the Council (OJ L 191, 20.7.2022, p. 58).
(4) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).
(5) Regulation (EU) 2021/1756 of the European Parliament and of the Council of 6 October 2021 amending Regulation (EU) 2017/625 as regards official controls on animals and products of animal origin exported from third countries to the Union in order to ensure compliance with the prohibition of certain uses of antimicrobials and Regulation (EC) No 853/2004 as regards the direct supply of meat from poultry and lagomorphs (OJ L 357, 8.10.2021, p. 27).
(6) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
(7) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
(8) Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC (OJ L 4, 7.1.2019, p. 1).
(9) Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, 16.6.2009, p. 11).
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4.5.2023 |
EN |
Official Journal of the European Union |
L 116/7 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/906
of 27 April 2023
approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Queso Casín’ (PDO))
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 52(2) thereof,
Whereas:
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(1) |
Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of an amendment to the specification for the protected designation of origin ‘Queso Casín’, registered under Commission Implementing Regulation (EU) No 986/2011 (2). |
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(2) |
Since the amendment in question is not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation. |
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(3) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendment to the specification should be approved, |
HAS ADOPTED THIS REGULATION:
Article 1
The amendment to the specification published in the Official Journal of the European Union regarding the name ‘Queso Casín’ (PDO) is hereby approved.
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, 27 April 2023.
For the Commission,
On behalf of the President,
Janusz WOJCIECHOWSKI
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) Commission Implementing Regulation (EU) No 986/2011 of 30 September 2011 entering a name in the register of protected designations of origin and protected geographical indications [Queso Casín (PDO)] (OJ L 260, 5.10.2011, p. 11).
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4.5.2023 |
EN |
Official Journal of the European Union |
L 116/8 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/907
of 3 May 2023
correcting the French language version of Implementing Regulation (EU) 2022/1412 concerning the authorisation of ylang ylang essential oil from Cananga odorata (Lam) Hook f. & Thomson as a feed additive for all animal species
(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
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(1) |
The French language version of Commission Implementing Regulation (EU) 2022/1412 (2) contains an error in Article 2(3) that alters the meaning of the provision. |
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(2) |
The French language version of Implementing Regulation (EU) 2022/1412 should therefore be corrected accordingly. The other language versions are not affected. |
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(3) |
Since the error was present from the entry into force of Implementing Regulation (EU) 2022/1412 and operators will benefit from the correction of the error that had caused legal uncertainty, Implementing Regulation (EU) 2022/1412 should be corrected from the date of its entry into force. |
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(4) |
The measures provided for in this Implementing Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed delivered on 15 December 2022, |
HAS ADOPTED THIS REGULATION:
Article 1
(Does not concern the English language.)
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.
It shall apply from 11 September 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 268, 18.10.2003, p. 29.
(2) Commission Implementing Regulation (EU) 2022/1412 of 19 August 2022 concerning the authorisation of ylang ylang essential oil from Cananga odorata (Lam) Hook f. & Thomson as a feed additive for all animal species (OJ L 217, 22.8.2022, p. 1).
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4.5.2023 |
EN |
Official Journal of the European Union |
L 116/10 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/908
of 3 May 2023
amending for the 335th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(1) and (5) thereof,
Whereas:
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(1) |
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. |
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(2) |
On 26 April 2023, the Sanctions Committee of the United Nations Security Council established pursuant to UN Security Council Resolutions 1267(1999), 1989(2011) and 2253(2015) added two entries to the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. |
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(3) |
Further to a technical review of the Annex I to Regulation (EC) No 881/2002, two entries should be amended in the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. |
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(4) |
Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly. |
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(5) |
In order to ensure that the measures provided for in this Regulation are effective it should enter into force immediately, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day 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, 3 May 2023.
For the Commission,
On behalf of the President,
Director-General
Directorate-General for Financial Stability, Financial Services and Capital Markets Union
ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
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(1) |
the following entries are added under the heading ‘Natural persons’:
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(2) |
the identifying data for the following entry under the heading ‘Natural persons’ is amended as follows: ‘Emraan Ali (low quality alias: Abu Jihad TNT). Date of birth: (a) 4.7.1967. Place of birth: (a) Rio Claro, Trinidad and Tobago. Nationality: (a) Trinidad and Tobago; (b) United States of America. Passport No (a) TB162181 (Trinidad and Tobago passport issued on 27.1.2015 and expired on 26.1.2020); (b) 420985453 (United States of America passport expired on 6.2.2017). National identification No 19670704052 (Trinidad and Tobago identification number). Address: (a) United States of America (in detention, Federal Detention Center - Miami, Register Number: 10423-509); (b) #12 Rio Claro Mayaro Road, Rio Claro, Trinidad (previous location 2008-March 2015); (c) #7 Guayaguayare Road, Rio Claro, Trinidad (previous location circa 2003); (d) United States of America (previous location January 1991-2008). Other information: (a) Senior member of Islamic State in Iraq and the Levant (ISIL), listed as Al-Qaeda in Iraq. Recruited for ISIL and instructed individuals to perpetrate terrorist acts via online video. (b) Physical description: height: 176 cm; weight: 73 kg; build: medium; eye colour: brown; hair colour: black/bald; complexion: brown; (c) Speaks English. Date of designation referred to in Article 7d(2)(i): 23.11.2021.’ is replaced by the following: ‘Emraan Ali (low quality alias: Abu Jihad TNT). Date of birth: 4.7.1967. Place of birth: Rio Claro, Trinidad and Tobago. Nationality: (a) Trinidad and Tobago; (b) United States of America. Passport No: (a) TB162181 (Trinidad and Tobago passport issued on 27.1.2015 and expired on 26.1.2020); (b) 420985453 (United States of America passport expired on 6.2.2017). National identification No: 19670704052 (Trinidad and Tobago identification number). Address: (a) United States of America (in detention, Federal Detention Center - Miami, Register Number: 10423-509); (b) #12 Rio Claro Mayaro Road, Rio Claro, Trinidad (previous location 2008-March 2015); (c) #7 Guayaguayare Road, Rio Claro, Trinidad (previous location circa 2003); (d) United States of America (previous location January 1991-2008). Other information: (a) Senior member of Islamic State in Iraq and the Levant (ISIL), listed as Al-Qaeda in Iraq. Recruited for ISIL and instructed individuals to perpetrate terrorist acts; (b) Physical description: height: 176 cm; weight: 73 kg; build: medium; eye colour: brown; hair colour: black/bald; complexion: brown; (c) Speaks English. Date of designation referred to in Article 7d(2)(i): 23.11.2021.’; |
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(3) |
the identifying data for the following entry under the heading ‘Legal persons, groups and entities’ in Annex I to Regulation (EC) 881/2002 is amended as follows: ‘Islamic State in Iraq and the Levant – Khorasan (ISIL- K) (alias (a) ISIL Khorasan (b) Islamic State's Khorasan Province (c) ISIS Wilayat Khorasan (d) ISIL's South Asia Branch e) South Asian Chapter of ISIL). Other information: Islamic State of Iraq and the Levant - Khorasan (ISIL - K) was formed on January 10, 2015 by a former Tehrik-e Taliban Pakistan (TTP) commander and was established by former Taliban faction commanders who swore an oath of allegiance to the Islamic State of Iraq and the Levant (listed as Al-Qaida in Iraq). ISIL – K has claimed responsibility for numerous attacks in both Afghanistan and Pakistan. Date of designation referred to in Article 7e(e): 14.5.2019.’ is replaced by the following: ‘Islamic State in Iraq and the Levant – Khorasan (ISIL-K) (alias: (a) ISIL Khorasan, (b) Islamic State's Khorasan Province, (c) ISIS Wilayat Khorasan, (d) ISIL's South Asia Branch, (e) South Asian Chapter of ISIL, (f) The Islamic State of Iraq and ash-Sham – Khorasan Province, (g) The Islamic State of Iraq and Syria – Khorasan, (h) Islamic State of Iraq and Levant in Khorasan Province, (i) Islamic State Khurasan, (j) ISIS-K, (k) ISISK, (l) IS-Khorasan). Other information: Islamic State of Iraq and the Levant - Khorasan (ISIL-K) was formed on January 10, 2015 by a former Tehrik-e Taliban Pakistan (TTP) commander and was established by former Taliban faction commanders who swore an oath of allegiance to the Islamic State of Iraq and the Levant (listed as Al-Qaida in Iraq). ISIL-K has claimed responsibility for numerous attacks in both Afghanistan and Pakistan. Date of designation referred to in Article 7e(e): 14.5.2019.’ |
DECISIONS
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4.5.2023 |
EN |
Official Journal of the European Union |
L 116/13 |
COUNCIL DECISION (EU) 2023/909
of 25 April 2023
on the position to be taken on behalf of the European Union within the Trade Committee established under the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam, as regards the amendment of Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
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(1) |
The Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (1) (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2020/753 (2) and entered into force on 1 August 2020. |
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(2) |
Pursuant to Article 36 of Protocol 1 to the Agreement (‘Protocol 1’), the Committee on Customs may review the provisions of Protocol 1 and submit a proposal for a decision to be adopted by the Trade Committee. |
|
(3) |
Pursuant to Article 17.1 of the Agreement, the Trade Committee is to evaluate and adopt decisions, where provided for in the Agreement, regarding any subject matter referred to it by the Committee on Customs. |
|
(4) |
The Trade Committee is to adopt a Decision amending Annex II to Protocol 1. |
|
(5) |
Amendments were introduced on 1 January 2017 and on 1 January 2022 in relation to the nomenclature governed by the Convention on the Harmonized Commodity Description and Coding System (‘HS’). This Decision is necessary in order to update Protocol 1 and its annexes so as to reflect the latest version of the HS. |
|
(6) |
There is no condition in Annex II to Protocol 1 for considering knitted or crocheted products of Heading 6212 to be sufficiently worked or processed. The rule of Chapter 62 in Annex II to Protocol 1 cannot be applied to those products, since it is limited to products not knitted or crocheted. Therefore, a specific rule should be added for the knitted or crocheted products of Heading 6212. |
|
(7) |
The required working or processing of products classified in Chapter 41 in Annex II to Protocol 1 is to be added to the relevant column in that Annex. |
|
(8) |
The word ‘individual’ in the third and fourth conditions of the required working or processing of products classified in Chapter 19 in Annex II to Protocol 1 could be interpreted in different ways as regards the content of materials of Chapter 4 and the content of sugar. To clarify the rule, the word ‘individual’ is to be deleted in both instances. |
|
(9) |
For textile products classified in Chapter 62 in Annex II to Protocol 1, reference to the tolerances should be inserted in the various alternative rules of the required working or processing column. |
|
(10) |
It is appropriate to establish the position to be taken on the Union’s behalf in the Committee on Customs and in the Trade Committee, as the Decision of the Trade Committee will be binding on the Union. |
|
(11) |
The position of the Union within the Committee on Customs and within the Trade Committee should therefore be based on the attached draft Decision, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf within the Committee on Customs and within the Trade Committee shall be based on the draft Decision of the Trade Committee attached to this Decision.
Minor technical corrections to the draft Decision may be agreed by the representatives of the Union within the Committee on Customs and within the Trade Committee without any further decision of the Council.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 25 April 2023.
For the Council
The President
P. KULLGREN
(1) OJ L 186, 12.6.2020, p. 3.
(2) Council Decision (EU) 2020/753 of 30 March 2020 on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (OJ L 186, 12.6.2020, p. 1).
DRAFT
DECISION No …/… OF THE TRADE COMMITTEE
of …
amending Annex II to Protocol 1, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
THE TRADE COMMITTEE,
Having regard to the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam, and in particular Article 36(1) of Protocol 1 thereto, and Article 17.1(3), point (c), thereof,
Whereas:
|
(1) |
Article 36(1) of Protocol 1 to the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam (‘the Agreement’) provides that the Committee on Customs may review the provisions of Protocol 1 and is to submit a proposal for a decision to amend Protocol 1, which is to be adopted by the Trade Committee. |
|
(2) |
Article 17.4(1) of the Agreement provides that the Trade Committee may adopt binding decisions where provided for in the Agreement. |
|
(3) |
Amendments were introduced on 1 January 2017 and on 1 January 2022 in relation to the nomenclature governed by the Convention on the Harmonized Commodity Description and Coding System (‘HS’). The Parties to the Agreement have agreed to amend Annex II to Protocol 1 containing the list of required working or processing in order to reflect the amendments to HS. |
|
(4) |
There is no condition in Annex II to Protocol 1 for considering knitted or crocheted products of Heading 6212 to be sufficiently worked or processed. The rule of Chapter 62 in Annex II to Protocol 1 cannot be applied to those products, since it is limited to products not knitted or crocheted. Therefore, a specific rule should be added for the knitted or crocheted products of Heading 6212. |
|
(5) |
The required working or processing of products classified in Chapter 41 in Annex II to Protocol 1 is to be added to the relevant column in that Annex. |
|
(6) |
The word ‘individual’ in the third and fourth conditions of the required working or processing of products classified in Chapter 19 in Annex II to Protocol 1 could be interpreted differently as regards the content of materials of Chapter 4 and the content of sugar. To clarify the rule, the word ‘individual’ is to be deleted in both instances. |
|
(7) |
For textile products classified in Chapter 62 in Annex II to Protocol 1, reference to the tolerances should be inserted in the various alternative rules of the required working or processing column. |
|
(8) |
Annex II to Protocol 1 to the Agreement should therefore be amended, |
HAS ADOPTED THIS DECISION:
Article 1
Annex II to Protocol 1 to the Agreement is amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on 1 January 2024.
Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Vietnamese languages, each text being equally authentic.
Done at Brussels and Hanoi,
For the Trade Committee
The Co-Chairs
ANNEX
Annex II to Protocol 1 is amended as follows:
|
(1) |
in the row related to heading ‘0305’, the text in the column ‘Description of the good’ is replaced by the following: ‘fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process;’; |
|
(2) |
in the row related to heading ‘ex 0306’, the text in the column ‘Description of the good’ is replaced by the following: ‘crustaceans, whether in shell or not, dried, salted or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine;’; |
|
(3) |
in the row related to heading ‘ex 0307’, the text in the column ‘Description of the good’ is replaced by the following: ‘molluscs, whether in shell or not, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process;’; |
|
(4) |
in the row related to heading ‘ex 0308’, the text in the column ‘Description of the good’ is replaced by the following: ‘aquatic invertebrates other than crustaceans and molluscs, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process; and’; |
|
(5) |
between the row related to heading ‘ex 0308’ and the row related to ‘ex Chapter 4’, the following row is inserted:
|
|
(6) |
in the row related to heading ‘ex Chapter 15’, the text in the column ‘Description of the good’ is replaced by the following: ‘Animal, vegetable or microbial fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes; except for:’; |
|
(7) |
in the row related to heading ‘1516 and 1517’, the text in the column ‘Description of the good’ is replaced by the following: ‘animal, vegetable or microbial fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared; margarine; edible mixtures or preparations of animal, vegetable or microbial fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats and oils or their fractions of heading 1516; and’; |
|
(8) |
in the row related to heading ‘Chapter 16’, the text in the column ‘Description of the good’ is replaced by the following: ‘Preparations of meat, of fish, of crustaceans, molluscs or other aquatic invertebrates, or of insects.’; |
|
(9) |
in the row related to heading ‘Chapter 19’, the text in the column ‘Required working or Processing’ is replaced by the following: ‘Manufacture from materials of any heading, except that of the product, in which:
|
|
(10) |
in the row related to heading ‘ex Chapter 24’, the text in the column ‘Description of the good ’ is replaced by the following: ‘Tobacco and manufactured tobacco substitutes; products, whether or not containing nicotine, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body; except for:’; |
|
(11) |
in the row related to heading ‘2401’, the text in the column ‘Description of the good’ is replaced by the following: ‘unmanufactured tobacco; tobacco refuse;’; |
|
(12) |
between the row related to heading ‘ex 2402’ and the row related to heading ‘ex Chapter 25’, the following rows are inserted:
|
|
(13) |
between the row related to heading ‘ex Chapter 38’ and the row related to heading ‘3824 60’, the following rows are inserted:
|
|
(14) |
in the row related to heading ‘ex Chapter 41’, in the column ‘Required Working or Processing’ the following text is inserted: ‘Manufacture from materials of any heading, except that of the product’; |
|
(15) |
in the row related to heading ‘ex Chapter 62’, the text in the column ‘Required Working or Processing’ is replaced by the following: ‘Weaving accompanied by making- up (including cutting) (3), (5); or making-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5% of the ex-works price of the product (3), (5) ’; |
|
(16) |
between the row related to headings ‘ex 6202, ex 6204, ex 6206, ex 6209 and ex 6211’ and the row related to headings ‘ex 6210 and ex 6216’, the following rows are inserted:
|
|
(17) |
in the row related to heading ‘6306’, the text in the column ‘Description of the good’ is replaced by the following: ‘Tarpaulins, awnings and sunblinds; tents (including temporary canopies and similar articles); sails for boats, sailboards or landcraft; camping goods’; |
|
(18) |
in the row related to heading ‘7019’, the text in the column ‘Description of the good’ is replaced by the following: ‘glass fibres (including glass wool) and articles thereof (for example, yarn, rovings, woven fabrics).’; |
|
(19) |
in the row related to heading ‘8539’, the text in the column ‘Description of the good’ is replaced by the following: ‘electric filament or discharge lamps, including sealed beam lamp units and ultraviolet or infra-red lamps; arc-lamps; light-emitting diode (LED) light sources;’; |
|
(20) |
in the row related to heading ‘8547’, the text in the column ‘Description of the good’ is replaced by the following: ‘insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating materials apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546; electrical conduit tubing and joints therefor, of base metal lined with insulating material;’; |
|
(21) |
in the row related to heading ‘8548’, the text in the column ‘Description of the good’ is replaced by the following: ‘electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter; and’; |
|
(22) |
between the row related to heading ‘8548’ and the row related to ‘Chapter 86’, the following row is inserted:
|
|
(23) |
between the row related to heading ‘9002’ and the row related to heading ‘Chapter 91’, the following row is inserted:
and |
|
(24) |
in the row related to heading ‘Chapter 94’, the text in the column ‘Description of the good’ is replaced by the following: ‘Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; luminaires and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings’. |
|
4.5.2023 |
EN |
Official Journal of the European Union |
L 116/22 |
COMMISSION IMPLEMENTING DECISION (EU) 2023/910
of 3 May 2023
amending Implementing Decision (EU) 2019/450 as regards the publication of references of European Assessment Documents for corrugated bitumen tiles or sheets and other construction products
(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 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (1), and in particular Article 22 thereof,
Whereas:
|
(1) |
In accordance with Regulation (EU) No 305/2011, Technical Assessment Bodies are to use methods and criteria provided in European Assessment Documents, the references of which have been published in the Official Journal of the European Union, for assessing performance of construction products covered by those documents in relation to their essential characteristics. |
|
(2) |
In accordance with Article 19 of Regulation (EU) No 305/2011, following several requests by manufacturers for European Technical Assessments, the organisation of Technical Assessment Bodies has drawn up and adopted 25 European Assessment Documents. |
|
(3) |
The European Assessment Documents that have been drawn up and adopted by the organisation of Technical Assessment Bodies relate to the following construction products:
|
|
(4) |
The European Assessment Documents that have been drawn up and adopted by the organisation of Technical Assessment Bodies satisfy the demands to be met in relation to the basic requirements for construction works set out in Annex I to Regulation (EU) No 305/2011. It is therefore appropriate to publish the references to those European Assessment Documents in the Official Journal of the European Union. |
|
(5) |
The list of references to European Assessment Documents for construction products is published pursuant to Commission Implementing Decision (EU) 2019/450 (2). For reasons of clarity, references to new European Assessment Documents should be added to that list. |
|
(6) |
Implementing Decision (EU) 2019/450 should therefore be amended accordingly. |
|
(7) |
In order to enable the use of the European Assessment Documents as early as possible, this Decision should enter into force on the day of its publication, |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Implementing Decision (EU) 2019/450 is amended in accordance with the Annex to this Decision.
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 3 May 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Implementing Decision (EU) 2019/450 of 19 March 2019 on publication of the European Assessment Documents (EADs) for construction products drafted in support of Regulation (EU) No 305/2011 of the European Parliament and of the Council (OJ L 77, 20.3.2019, p. 78).
ANNEX
In the Annex, the following rows are inserted in sequential order following the order of the reference numbers:
|
‘030016-00-0402 |
Corrugated bitumen tiles and sheets’ |
|
‘030675-00-0107 |
Liquid applied bridge deck waterproofing kits’ |
|
‘040708-00-0402 |
Impact sound insulation mat with additional function of rainwater drainage and protection of external waterproofing layers’ |
|
‘050003-00-0301 |
Pot bearings with special internal sealing for increased action effects’ |
|
‘060009-00-0802 |
Kit for system stove - chimney consisting of chimney kit with clay/ceramic flue liner and integrated stove unit’ |
|
‘060012-01-0802 |
Kits consisting of chimney flue liner, made of glass fibres, mineral and organic substances, additional components and ancillaries (superseding technical specification ‘EAD 060012-00-0802’)’ |
|
‘060014-00-0802 |
Construction product for penetration of walls and floors by components for conveying products of combustion’ |
|
‘090010-00-0404 |
Bonded glazing kits and bonding sealants’ |
|
‘150036-00-0301 |
Fluoraluminate rapid setting cement’ |
|
‘160011-00-0301 |
Kit for reinforced concrete members with high strength reinforcing steel but limited tensile utilisation’ |
|
‘170006-00-0305 |
Aggregate concrete masonry units with specific moisture conversion factor Fm’ |
|
‘170012-00-0404 |
Building blocks made from bricks and cellular glass core’ |
|
‘170018-00-0305 |
Thermally-insulating and loadbearing units made of cellular glass’ |
|
‘180020-00-0704 |
Waterless odour trap for floor drains’ |
|
‘220020-00-0402 |
Low bitumen mass shingles, laminated or not, with mineral or synthetic reinforcement’ |
|
‘260024-00-0301 |
Polymer macro fibres reinforced with alkali resistant glass fibre for the use in concrete’ |
|
‘260048-00-0301 |
Calcium carbonate filler aggregate with additional characteristics’ |
|
‘300007-00-0404 |
Special mirrors’ |
|
‘320014-00-0605 |
Joint sealing profile made of ethylene propylene diene monomer for the sealing of joints in tubbing constructions’ |
|
‘330076-01-0604 |
Metal injection anchors for use in masonry (superseding technical specification ‘EAD 330076-00-0604’)’ |
|
‘330924-01-0601 |
Cast-in anchor bolts (superseding technical specification ‘EAD 330924-00-0601’)’ |
|
‘331565-00-0602 |
Wedge lock washers for structural bolting assemblies’ |
|
‘332347-00-0601 |
Connector for strengthening of existing concrete structures by concrete overlay’ |
|
‘340225-00-1109 |
Plastic chamber systems for underground network access applications installed below manhole tops’ |
|
‘350003-01-1109 |
Kit for fire resistant service ducts consisting of pre-fabricated connection pieces (made of steel sheet with an intumescent coating or lining) and accessories (superseding technical specification ‘EAD 350003-00-1109’)’ |
Corrigenda
|
4.5.2023 |
EN |
Official Journal of the European Union |
L 116/27 |
Corrigendum to Commission Implementing Regulation (EU) 2023/265 of 9 February 2023 imposing a definitive anti-dumping duty on imports of ceramic tiles originating in India and Türkiye
( Official Journal of the European Union L 41 of 10 February 2023 )
On page 67, in Article 1(2), the table, second column (‘Company’), second row:
for:
‘Acecon Vitrified Pvt Ltd.; Avlon Ceramics Pvt Ltd.; Duracon Vitrified Pvt Ltd.; Eracon Vitrified Pvt Ltd.; Evershine Vitrified Pvt Ltd.; Icon Granito Pvt Ltd.; Venice Ceramics Pvt Ltd.’,
read:
‘Acecon Vitrified Pvt Ltd; Avlon Ceramic Pvt Ltd; Duracon Vitrified Pvt Ltd; Eracon Vitrified Pvt Ltd; Evershine Cera Pvt Ltd; Icon Granito Pvt Ltd; Venice Ceramics’.
On page 67, in Article 1(3):
for:
‘3. Anti-dumping duties are not applicable to the Indian exporting producer the Lavish Group, consisting of Lavish Granito Pvt Ltd., Lavish Ceramics Pvt Ltd., Lakme Vitrified Pvt Ltd. and Liva Ceramics Pvt Ltd. (TARIC additional code C903), and are not applicable to the Turkish exporting producer Vitra Karo Sanayi ve Ticaret A.Ş. (TARIC additional code C902).’,
read:
‘3. Anti-dumping duties are not applicable to the Indian exporting producer the Lavish Group, consisting of Lavish Granito Pvt Ltd, Lavish Ceramics, Lakme Vitrified LLP. and Liva Ceramics (TARIC additional code C903), and are not applicable to the Turkish exporting producer Vitra Karo Sanayi ve Ticaret A.Ş. (TARIC additional code C902).’.
On page 73, in Annex I, second row:
for:
|
‘India |
Millennium Granito India Private Limited Lorenzo Vitrified Tiles Private Limited Millenium Vitrified Tile Private Limited Millenium Tile LLP Clan Vitrified Private Limited Millenium Ceramic LLP Millenia Ceramica Private Limited Millenium Cera Tiles Private Limited |
C121’ |
read:
|
‘India |
Millennium Granito India Private Limited Lorenzo Vitrified Tiles Private Limited Millennium Vitrified Tiles Private Limited Millennium Tiles LLP Clan Vitrified Private Limited Millennium Ceramic LLP Millennia Ceramica Private Limited Millennium Cera Tiles Private Limited |
C121’ |
On page 73, in Annex I, third row:
for:
|
‘India |
Montana Tiles Plazma Granito Private Limited Raykas Ceramic LLP |
C122’ |
read:
|
‘India |
Montana Tiles Private Limited Plazma Granito Private Limited Raykas Ceramic LLP |
C122’ |
|
4.5.2023 |
EN |
Official Journal of the European Union |
L 116/29 |
Corrigendum to Council Regulation (EU) 2021/1173 of 13 July 2021 on establishing the European High Performance Computing Joint Undertaking and repealing Regulation (EU) 2018/1488
( Official Journal of the European Union L 256 of 19 July 2021 )
|
1. |
On page 21, Article 7(6), first sentence: |
for:
‘6. For the purpose of valuing the contributions referred to in points Article 15(3)(b) to (f) of the Statutes, …’,
read:
‘6. For the purpose of valuing the contributions referred to in points Article 15(3)(b) to (g) of the Statutes, …’.
|
2. |
On page 38, Annex, Article 3(3): |
for:
‘3. Provided that it contributes to the financing referred to in Article 15 of these Statutes (…), and that it accepts these Statutes, any legal entity that is not listed in Article 2(1)(c) of these Statutes …’,
read:
‘3. Provided that it contributes to the financing referred to in Article 15 of these Statutes (…) and that it accepts these Statutes, any legal entity that is not listed in Article 2(1)(d) of these Statutes …’.
|
3. |
On page 48, Annex, Article 15(3), point (g): |
for:
|
‘(g) |
in-kind contributions by the Private Members or their constituent entities and affiliated entities as defined in Article 9(7) of this Regulation.’, |
read:
|
‘(g) |
in-kind contributions by the Private Members or their constituent entities and affiliated entities as defined in Article 2, points (16) and (17) of this Regulation.’. |